Terms & Conditions
Your use of the eOutletStores.com website or any of the listed websites on eOutletstores.com (“websites”) or any of the products or services offered on those websites (collectively, the “Products”) is subject to these Terms and Conditions (“Terms”). eOutletStores.com (the “Company”) may modify these Terms at any time without notice to you, except by posting of the revised Terms on our website. Stores listed on the eOutletStores.com website also have their own Terms & Conditions, which should be reviewed prior to using the websites.
Your use of any of the websites constitutes your binding acceptance of these Terms, including any modifications that we make. The individual websites may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which may be incorporated into these Terms for reference. In the event of an inconsistency between these Terms and any additional posted terms and conditions, the provisions of the additional terms and conditions of the individual stores shall control.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend or terminate your access to all or any part of our Services;Change, suspend or discontinue all or any part of our Services;Refuse, move or remove any material that you submit to our websites for any reason;Refuse, move, or remove any content that is available on our websites;Deactivate or delete your accounts and all related information and files in your account;Establish general practices and limits concerning use of our websitesYou agree that we will not be liable to you or any third party for taking any of these actions.
Gift cards and their use are subject to the Terms and Conditions and Privacy Policiesset by the merchants and posted on the respective websites noted on the individual gift cards. The terms and conditions are provided by those merchants and are their responsibility. Expiration policies may apply. For further details, please review the Terms and Conditions provided on each store’s website.
General Gift Card Information
EOUTLETSTORES.COM AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, OR REGARDING ANY GOODS OR SERVICES OBTAINED WITH THE USE OF THE CARD, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. YOU USE THE GIFT CARD AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF THE USE OF THIS GIFT CARD OR ANY OF THE GOODS OR SERVICES PURCHASED WITH IT.CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Conditions of Communications
Content Published On Our Web Stores
Intellectual Property Rights of eOutletstores.com
Our web stores include a combination of content that we create, our marketing partners create, or the suppliers/vendors create. All materials published on our websites – including but not limited to – written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners and affiliates. You may not modify, create derivative works of, alter, transmit, reproduce, distribute, publish, publicly display or in any way exploit any of the materials or content of our websites in whole or in part.
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on any or all of our web stores (“Your Content”). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates, and our partners a worldwide, irrevocable, a royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of displaying Your Content on our websites, i.e. Product Ratings and Reviews. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Accuracy or Appropriateness of Information
We do not guarantee the accuracy, integrity or quality of the content on our websites. You may not rely on any of this content – including but not limited to – product descriptions, product features, offer details and information relating to manufacturer suggested retail price or our price (pricing). Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our websites. Our websites also contain information about products and services offered by third parties, including product descriptions, features and pricing. You may be exposed to content that you find offensive, indecent, and objectionable or that is inaccurate, and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
Your Use of Third Party Websites
Our website contains links to other Internet websites. Your use of each of those websites is subject to the conditions, if any, that each of those websites has posted. Our inclusion on our websites of any third party content or a link to a third party site is not an endorsement of that content or third party site.
You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.
Unauthorized access to our web stores is a breach of these Terms and a violation of the law. You agree not to access our websites by any means other than through the interface that is provided by The Company for use in accessing our websites. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our websites except those automated means that we have approved in advance and in writing.
Use of our websites is subject to existing laws and legal process. Nothing contained in these Terms and Conditions shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our websites.
You hereby agree to indemnify, defend and hold The Company, and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, “eOutletStores Parties”) harmless from and against any and all liability, losses, costs and expenses (including attorneys’ fees) incurred by any eOutletStores Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:
Your use of the eOutletStores Web Stores; The content, quality or performance of content that you submit to our websites; Your connection to our websites; Your violation of these Terms; or Your violation of the rights of any other person or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
The Company may elect to resolve any controversy or claim arising out of or relating to these Terms or our websites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Pinellas County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Pinellas County, Florida necessary to protect the rights or property of you or eOutletStores (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or delivering them to you through e-mail. You may update your e-mail address by visiting the account services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our websites or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and eOutletStores.com and govern your use of all our websites, including any prior agreements that you may have with us.
These Terms shall be construed in accordance with the laws of the State of Florida, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Pinellas County, Florida, if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms and Conditions shall continue in effect.
Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.