Welcome to ALLOFFPRICE.com (the “Site”). We make information available to you on ALLOFFPRICE.com subject to the following terms and conditions. If you visit the Site, You accept these Terms & Conditions. Please read them carefully. This Agreement is between you (“you” or “user”) and ALL OFF PRICE (“AOP”) pursuant to which AOP is prepared to grant you access to this Site. AOP reserves the right to change this Agreement from time to time at its sole discretion, and your rights under this Agreement will be subject to the most current version of this Agreement posted on this page at the time of your use or purchase. If you do not agree with these terms of use, do not use this Site. This Agreement is in addition to your obligations and rights under the Privacy Policy posted on the Site. For the avoidance of doubt, in the event of a conflict between this Agreement and the Privacy Policy or other terms and conditions posted on the Site, this Agreement will prevail above others. If you are unsure of your rights under this Agreement, please contact us as set forth below. By your continued use of this site, you acknowledge that you have read and understand these Terms of Use and you agree to act in accordance with its terms and conditions and be bound by them. These Terms of Use shall not be altered or modified in any way without the prior written consent of AOP. AOP’s failure to act with respect to a breach by you or others does not waive AOP’s right to act with respect to subsequent or similar breaches. If you are acting as an agent for a principal (including on behalf of your employer), you and the principal, jointly and severally, assume all of your obligations set forth in this Agreement. If any part of this Agreement is found by any court to be invalid, illegal or unenforceable, that part shall be discounted and the rest of this agreement shall continue to be valid and enforceable to the fullest extent permitted by law.
LICENSE AND SITE ACCESS
AOP grants you a limited license to access and make personal use of this Site and not to download or modify it, or any portion of it, except with express written consent of AOP. This license does not include any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of AOP.com or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AOP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AOP and its affiliates (including the parent company, “Affiliates”) without express written consent from AOP. Any unauthorized use terminates the permission or license granted by AOP.
TRADEMARKS AND SERVICE MARKS
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of AOP or its licensors, sponsors or suppliers and are protected by trademark laws. The trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits AOP. AOP and its logo are, without limitation, among the registered trademarks of AOP and its Affiliates. Infringement of any AOP trademark is not permitted.
COPYRIGHTS
All content including product designs (including any and all collateral materials relating thereto) included on this Site are owned by AOP and/or its licensors and protected by copyright laws and/or design patents. You agree not to use, display, reproduce, transmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content, in whole or in part, whether by email or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein. You are not allowed to use any product designs without AOP’s express written agreement.
CREDIT CARD INFORMATION CONSENT
Use of All Off Price site as a buyer member consent to permission for All Off Price to store financial information via secured site on NZ Gateway for verification on payment collection or orders and purchases. We do not sell or share your personal and financial information with any other agencies.
OUR PRODUCTS
AOP attempts to be as accurate as possible in its product descriptions. However, AOP does not warrant that product and price descriptions or other content of this site are accurate, complete, reliable, current, or error-free.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION CONTAINED THEREIN ARE PROVIDED BY AOP ON AN “AS IS” AND “AS AVAILABLE” BASIS. AOP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION AND AVAILABILITY OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS PRESENTED ON THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AOP DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM AOP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERRORS. AOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AOP’S LIABILITY TO YOU IN CONNECTION WITH THIS SITE AND THESE TERMS AND CONDITIONS AND THE PRIVACY POLICY EXCEED $100.00. 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 MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify AOP and its Affiliates against all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that AOP may incur as a result of your breach of any of these Terms & Conditions or any claims brought against AOP and/or its Affiliates relating to information submitted by you or actions taken by you. We will provide you with timely notice of any such claim, suit or proceeding.
GOVERNING LAW; EXCLUSIVE JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law rules and applicable U.S. federal law. In the event of any dispute hereunder, you and AOP hereby consent to the exclusive jurisdiction and venue of the courts of the State of California in Los Angeles County or the Federal courts of the United States of America located in the Central District of California (as permitted by law). The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods.
FORCE MAJEURE
AOP shall have no liability to you for any delay or failure in carrying out its obligations to any customer for reasons beyond AOP’s control, including without limitation, acts of God, war or terrorism, natural disasters, charges in or compliance with laws, regulations or governmental policies and shortages of supplies and services. AOP may extend delivery of an order so affected without liability to the customer except for the return of any payment made by the customer to AOP with respect to any undelivered portion of the order so canceled.