Terms and Conditions

The Terms and Conditions

This Terms and Conditions governs any purchases you make through the Lazyegg.com

Marketplace (“Market Place”). PLEASE READ THIS TERMS AND CONDITIONS CAREFULLY.

 

Purchases

 

Lazyegg.com (“Marketplace”), operated and owned by Crunchyegg, Inc. (“Company”), provides an online Marketplace for buyers to locate and purchase new and used products from the independent sellers (“Seller”) that are independent of Marketplace. When you make a purchase through the Marketplace, you are purchasing the product from the Seller and not from the Company. You agree that Marketplace is not an agent for you or for the seller and has no authority to act on your or on a seller’s behalf. The Company reserves the right, at its sole discretion, to change, add or remove portions of this Terms and Conditions, at any time. It is your responsibility to check this Terms and Conditions each time before using the Marketplace. Your continued use of the Marketplace following the posting of changes will mean that you accept and agree to the changes. YOUR CONTINUED USE OF THE MARKETPLACE FOLLOWING ANY SUCH REVISIONS TO THE TERMS AND CONDITIONSOR SUCH POICIES AND RULES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES, INCLUDING THE ARBITRATION CLAUSE AND CLASS ACTION WAIVER DESCRIBED IN ”GOVERNING LAW AND ARBITRATION” SECTION BELOW TO RESOLVE ANY DISPUTES WITH THE COMPANY (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). IF YOU DO NOT AGREE TO ANY SUCH CHANGES, DO NOT CONTINUE TO USE THE MARKETPLACE AND ASSOCIATED SERVICES.

 

Registration; Customer Accounts; Use of Marketplace

 

Certain services offered on or through the Marketplace require you to first open a customer account (“My Account”). You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your My Account. You agree to notify Marketplace immediately of any unauthorized use of your account or password, or of any other breach of security. You may be held liable for losses incurred by Marketplace or by any other user of the Marketplace due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not gain or attempt to gain unauthorized access to the Marketplace. Should you attempt to do so, or should you assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your My Account information will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Marketplace or any of its Content (as described in Content; Copyright and Trademark Notice section below), or in any way reproduce or circumvent the navigational structure or presentation of the Marketplace or of any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Marketplace. You agree that you will not take any action that imposes an unreasonable or disproportionately large load (as determined by the Company in its sole discretion) on the infrastructure of the Marketplace or on any of the systems or networks comprising or connected to the Marketplace.

 

You also agree that Marketplace may, in its sole discretion and without prior notice to you, terminate your access to the Marketplace and your My Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Marketplace or assistance to others' attempting to do so, (2) attempting to overcome or overcoming software security features limiting use of or protecting any Content, (3) attempted or actual discontinuance or material modification of the Marketplace or any service offered on or through the Marketplace, (4) violations of these Terms and Conditions, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Marketplace will not be liable to you or to any third party for termination of your access to the Marketplace.

By establishing a My Account with us, and each time you make a purchase through our Marketplace, you grant permission for Marketplace to contact you at your registered e-mail address. To stop receiving our marketing e-mails, send an e-mail to us at support [at] Lazyegg.com or follow the opt-out procedures set forth in such marketing e-mails or at My Account.

 

Shipment

 

Shipment of the products you purchase in the Marketplace is executed by the seller and not by Marketplace. You agree that the Company has no obligation to ship to you any product you purchase in the Marketplace. You agree that the Marketplace may provide to the seller your shipping address for shipment of the products you purchase. You agree to pay the shipping charges in full for any product that you purchase.

Some of the products offered on the Marketplace may be imported from overseas. If you order products that are shipped from overseas, then you should understand that your order may take longer to arrive. More importantly, your purchase of products to be imported may impose legal responsibilities and obligations upon you. If you order products to be imported from abroad, then by that order you agree that you are responsible to make sure (1) that the product can lawfully enter the destination country; and (2) that you comply with all laws and regulations of the destination country. When you receive an international shipment of imported products, you may be required to pay import taxes, customs duties and/or other relevant fees. If there are any additional charges for those taxes, duties or fees, or for customs clearance then you are responsible to pay them. Marketplace does not control the amount or timing of any taxes, duties or fees. Those are set by legal authorities of the destination country and therefore; we cannot estimate what those costs might be for any particular product or destination. We recommend that you contact your local customs officials with any questions or if you need more information.

Privacy

 

As more fully described in our Privacy Policy, you must disclose certain Personally Identifiable Information to use our Marketplace, register, and make purchases. As a condition of registering with our Marketplace or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your Information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the Marketplace, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

YOU ACKNOWLEDGE, CONSENT AND AGREE THAT MARKETPLACE SHALL PROVIDE SELLER(S) WITH INFORMATION THAT IS REASONABLY NECESSARY FOR SELLERS TO SHIP THE PRODUCTS TO YOU AND TO COMMUNICATE WITH YOU REGARDING SUCH SHIPMENT AND ANY ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR PURCHASE. THIS INFORMATION INCLUDES, BUT IS NOT LIMITED TO, YOUR “SHIP TO” INFORMATION AND YOUR EMAIL ADDRESS. YOU HEREBY AGREE THAT MARKETPLACE SHALL HAVE NO RESPONSIBILITY, OBLIGATION OR LIABILITY WITH RESPECT TO THE DISCLOSURE OF SUCH INFORMATION TO, OR ANY COLLECTION, USE OR DISCLOSURE OF SUCH INFORMATION BY, ANY SELLER. You may receive access to certain information concerning other Marketplace users when you use the Marketplace. You hereby represent, warrant and agree (a) not to use any information regarding other Marketplace users which is accessible from the Marketplace or that may be disclosed to you by Marketplace, except to enter and complete transactions, and (b) not to use any such information for purposes of solicitation, sending unsolicited email or spamming, harassment, or other conduct Marketplace deems unacceptable or objectionable.

While the Company and the Marketplace take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL THE COMPANY  OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER MARKETPLACE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMGES WERE POSSIBLE.

 

Conditions of Sale and Payment

 

To purchase any goods and/or services on Marketplace, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America or the District of Columbia, exclusive of its commonwealths, territories and possessions (“United States”). Prior to the purchase of any goods or services on our Marketplace, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, (v) the billing address, and (vi) any activation numbers or codes needed to charge your card. By submitting the above information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

 

All payments must be made by credit cards (VISA, MasterCard, American Express, and Discover Network), debit cards, or other payment method specified by Marketplace. Your credit card will be authorized for the entire order amount immediately upon your placement of the order, and will be charged immediately upon the receipt of shipment confirmation by the seller to Marketplace. You hereby authorize Marketplace to charge your credit card accounts for any amount that you may owe Marketplace or the seller. In addition, Marketplace may also set off any amounts that you owe to Marketplace or the seller against any amounts owed to you by Marketplace or the seller if applicable. IN FACILITATING YOUR PAYMENT TO THE SELLER, THE MARKETPLACE DOES NOT PROVIDE YOUR CREDIT CARD INFORMATION TO THE SELLER.

 

Taxes

 

You agree that you and seller are responsible for determining the amount of sales, use or other taxes that you may owe as a result of your Marketplace purchase. Seller is responsible to collect, report and remit any sales, use or other taxes required under applicable law. You agree (a) that neither the Company nor the Marketplace hold any responsibility to collect, report or remit sales, use or any other applicable taxes in connection with your purchase, and (b) to fully indemnify, defend and hold the Company and Marketplace harmless from any and all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing.

 

Changing or Canceling Orders

 

Once you have placed an order for a product in the Marketplace, seller will be handling all aspects of the order process. Marketplace will not change or cancel any order made by you, including any change to shipping or billing information. You will need to contact the seller for any changes or cancellations that you wish to make to your order. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order.

 

Customer Service

 

If you have any questions about the product you purchased or your shipment, you must contact the Marketplace first. Under certain circumstance, you may also be directed to the seller of your product directly for any further customer support that you seek for. The seller’s contact information can be found in your order detail located in your My Account or in the email sent to you confirming your order upon purchase.

 

Returns, Exchange & Refunds

 

Under Lazyegg “30-day No Hassle Return Policy”, you may either ask for a refund or make any returns for exchange to the product you purchase from the Marketplace within 30 (thirty) days from the delivery of the product. You must first contact the Marketplace for such refund and return; and should refer to and abide by the instruction and Return Policy by each seller for any product returns that you wish to make after the 30 (thirty) day period. Then it is solely up to the Seller’s discretion whether or not to accept such a return. The seller’s contact information can be found in your order detail located in your My Account or in the email we sent to you confirming your order. Refund may take up to two (2) weeks depending on each bank for such transaction.

 

Feedback

 

You agree that feedback you provide concerning Marketplace sellers will be truthful and accurate. You also agree that you will not use profanity, vulgar expressions, or any obscenity in your feedback comments. You agree that you will not provide any feedback that could be considered defamatory or that violates the privacy, intellectual property, or other rights of any third party. You agree that Marketplace may publicly post your feedback without notice, any payment or other obligation to you. You agree that Marketplace may edit your feedback in any way that Marketplace sees fit and that Marketplace may remove your feedback at any time. Once you have submitted feedback, it may not be altered by you.

 

Use of Marketplace

 

You hereby represent and warrant that your use of the Marketplace will comply with applicable laws, ordinances and regulations. Price comparisons may be made throughout the Marketplace to indicate the relative savings amounts of our pricing. “LIST PRICE” is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because the products on Marketplace are sold over the internet on a national basis, it is not possible to know if the products are sold at list price in any particular location or at any particular time. When it is used anywhere on the Marketplace, the term “YOU SAVE” reflects the difference between our price and the supplier provided list price shown on the Marketplace. Because the list price may be different from the actual retail prices in wherever your area may be, you may not actually realize a savings of this amount and you may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.

 

Content; Copyright and Trademark Notice

 

All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Marketplace (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Marketplace is owned or licensed by or to the Company, and is protected by copyright, trademark, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in these Terms and Conditions, no part of the Marketplace and no Content may be reproduced, recorded, re-transmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Marketplace’s prior explicit written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trademark, rights of publicity or trademarks with respect to any of the Content, and the Company reserves all rights not expressly granted herein. The Company and the Marketplace expressly disclaim all responsibility and liability for uses by you of any Content obtained on or in connection with the Marketplace. LAZYEGG.COM is registered trademarks (currently pending), trademarks or service marks of Crunchyegg, Inc and/or its affiliates. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Crunchyegg, Inc. and/or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any Crunchyegg, Inc. trademark or service mark without Crunchyegg, Inc's express written consent is strictly prohibited.

 

Policy to Terminate Privileges for Copyright Infringement

 

Pursuant to 17 U.S.C. §512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), the Marketplace will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Marketplace and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Marketplace will terminate the infringing customer's account. Marketplace may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has a good faith belief that such unlawful infringement has in fact occurred. In addition, pursuant to 17 U.S.C. §512(c), the Company, as an Internet “Service Provider“ thereunder, has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. The Company and the Marketplace respect the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through Marketplace, then please contact “Legal Department”, via e-mail at:

 

Attn: Crunchyegg, Inc.

12655 West Jefferson Blvd 4th floor, Los Angeles CA 90066

Email: [email protected]

 

Any written notice describing the infringing activity must include the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner         of an exclusive that is allegedly infringed;

2. A description of the allegedly infringing work or material;

3. A description of where the allegedly infringing material is located on the Marketplace;

4. Information reasonably sufficient to allow us to contact you, such as your address,    telephone number and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use of the material      is not authorized by the copyright or other proprietary right owner, its agent, or the law;

6. A statement by you that the above information and notification is accurate, and under              penalty of perjury, that you are the copyright owner or authorized to act on behalf of the       owner whose exclusive right is allegedly infringed.

 

Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

Dispute Resolution Steps, Claim Process, and Refunds

 

If you do not receive your product or you have received a product that is defective, damaged, or that does not match the description contained in the Marketplace, you must first contact the Marketplace to resolve the problem, and you may be directed to contact the Seller directly under certain circumstance. The seller’s contact information can be found in your order detail located in your My Account or in the e-mail we sent to you confirming your order. COMPANY IS NOT THE SELLER/MERCHANT OF ANY OF THE GOODS OR SERVICES ON THE MARKETPLACE. THE COMPANY HAS INSTITUTED A CLAIM PROCESS TO ASSIST YOU WITH CLAIMS THAT YOU MAY HAVE WITH THE SELLER. BECAUSE THE MARKETPLACE ALLOWS YOU TO MAKE THE PURCHASE THROUGH THE MARKETPLACE BASKET WITHOUT YOU HAVING TO PASS YOUR CREDIT CARD TO THE SELLER, MARKETPLACE CHARGES YOUR CREDIT CARD FOR THE SALE. ANY DISPUTE BROUGHT BY YOU THROUGH YOUR CREDIT CARD COMPANY AFFECTS MARKETPLACE RATHER THAN THE SELLER. THEREFORE, YOU CANNOT SUBMIT A CLAIM IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGE. IN ADDITION, MARKETPLACE MAY PREVENT FURTHER PURCHASES BY YOU THROUGH THE MARKETPLACE IF YOU HAVE INSTRUCTED YOUR CREDIT CARD COMPANY TO DISPUTE THE CHARGES MADE THROUGH THE MARETPLACE.

 

Indemnity

 

You agree to indemnify, defend and hold harmless Marketplace and its parents, sister companies, subsidiaries, affiliates, service providers, sellers, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of any provision of this Terms and Conditions, or your violation of any law, regulation or third-party right.

 

RELEASE

 

IN THE EVENT OF A DISPUTE OR CLAIM REGARDING ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, OR BETWEEN YOU AND A SELLER OR OTHER THIRD PARTY RELATED TO ANY ORDER OR PURCHASE MADE THROUGH THE MARKETPLACE, YOU HEREBY RELEASE THE COMPANY AND ITS PARENTS, SISTER COMPANIES, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SELLERS, DISTRIBUTORS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL CLAIMS, DAMAGES OR DEMANDS OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE OR CLAIM.

YOU ACKNOWLEDGE THAT YOU MAY DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE AND THAT THIS RELEASE SHALL BE AND REMAIN EFFECTIVE IN ALL RESPECTS EVEN IF YOU DISCOVER NEW OR ADDITIONAL FACTS AFTER YOU EXECUTE THIS AGREEMENT. YOU EXPRESSLY WAIVE ALL RIGHTS AND BENEFITS CONFERRED UPON YOU BY THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH [YOU] DO NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR [RELEASEES]”  WARRANTY DISCLAIMER. THE LAZYEGG MARKETPLACE AND ANY RELATED PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED” AS IS. THE COMPANY AND THE MARKETPLACE EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE MARKETPLACE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

 

LIMITATION OF LIABILITY

 

THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE MARKETPLACE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE MARKETPLACE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS TERMS AND CONDITIONS, YOUR USE OF THE MARKETPLACE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT OBTAINED THROUGH THE MARKETPLACE, ANY DELAY OR INABILITY TO USE THE MARKETPLACE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE MARKETPLACE, OR OTHERWISE ARISING OUT OF THE USE OF THE MARKETPLACE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF MARKETPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS AND CONDITIONS, THE MAXIMUM LIABILITY THAT THE COMPANY SHALL HAVE IS LIMITED TO ANY COMMISSIONS ACTUALY RECEIVED BY LAZYEGG IN CONNECTION WITH ANY PURCHASES MADE BY YOU FROM A SELLER THROUGH THE MARKETPLACE. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THE COMPANY. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

 

Governing Law & Arbitration

 

The validity, construction and interpretation of this Terms and Conditions, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law. You agree that any dispute, claim or controversy arising out of or relating in any way to the Marketplace or this Terms and Conditions or relating in any way to Marketplace shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this Terms and Conditions to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts. You and the Company further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforce-ability of this Terms and Conditions and this arbitration provision.

 

General

 

No delay or failure by Marketplace to take action under this Terms and Conditions shall constitute any waiver by Marketplace of any provision of this Terms and Conditions. If any provision of this Terms and Conditions is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Terms and Conditions will continue in full force and effect. This Terms and Conditions will bind and inure to the benefit of Marketplace’s successors and other assignee(s) assigned by the Company or Marketplace. Any claim under this Terms and Conditions must be brought within one (1) year after the cause of action arises. This Terms and Conditions is personal to you and may not be transferred, assigned or delegated to any other party. Any attempt by you to assign, transfer or delegate this Terms and Conditions shall be null and void. Marketplace may freely assign this Terms and Conditions without consent or notice to any third party. This Terms and Conditions constitutes the complete and exclusive agreement between Marketplace and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

 

Participation Disclaimer

Lazyegg.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Lazyegg.com is merely acting as a passive conduit for distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Lazyegg.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or, other intellectual property right of another or (d) offensive or otherwise unacceptable to Lazyegg.com in its sole discretion.

 

Indemnification

You agree to indemnify, defend, and hold harmless Lazyegg.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

 

Rhode Island Sales & Use Tax Notice

Rhode Island Residents: Please be advised that pursuant to Rhode Island General Laws §§ 44- 18-18 and 44-18-20, sales or use tax is due on taxable purchases made from Lazyegg. If tax was not paid at the time of purchase, the State of Rhode Island requires all customers who use, store, or otherwise consume taxable goods and services in Rhode Island to file a signed use tax return, Form T-205. This form is available on the Rhode Island Division of Taxation’s website (http://www.tax.ri.gov/).  Form T-205 is due on or before the 20th day of each month following the month in which purchases are made, and must be accompanied by a remittance for the amount due. Checks and money orders should be made payable to the Tax Administrator.  Please contact the Rhode Island Division of Taxation at (401) 574- 8955 or [email protected] with any questions.

 

California Proposition 65

Attention California residents: California’s Proposition 65 entitles California consumers to special warnings for products that contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm if those products expose consumers to such chemicals above certain threshold levels. We know you’re concerned about product safety, and Target takes all necessary steps to comply with all applicable safety and health requirements. On Lazyegg.com, we provide a Prop 65 link under each item that requires the Prop 65 warning. If a Prop 65 link does not appear for the product you wish to purchase, the supplier of the product has indicated that it does not require the Prop 65 warning.

 

18 U.S.C Section 2257 Compliance Notice

Lazyegg.com does not produce any content and makes no representation about any content. All image/video products offered on this site and all models pictured on adult product box covers have been produced by other studios or manufacturers. Lazyegg.com is not the primary producer (as that term is defined in 18 USC 2257 and 28 C.F.R. 75 or subsequent case law defining such) of any of the visual content contained in the Website. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. 75 for the materials contained in this website are kept by the Custodian of Records for each of the primary producers.

 

Lazyegg Marketplace

Product pages contain information provided by third-party sellers and other content providers. Despite our best efforts to make sure that information is accurate, we don’t guarantee it, and images, descriptions, specifications, or other attributes may be incomplete, out of date, unreliable or mis-categorised. Before you buy, use or consume a product, you should always review nutritional, ingredient and allergen information and any warnings or instructions. We don’t guarantee the accuracy of nutritional labels or any other information on product packaging.

Shipping Information on Orders to Canada. Your order(s) will ship within 1-3 business days by air. The estimated arrival time is about 5-10 business days. Please be aware when orders shipped internationally reach the destination country, they may be subject to customs clearance procedures which can cause delays beyond original delivery estimates.

International customs regulations. Customs policies vary widely from country to country. Import duties, taxes, and charges are not included in the item price or shipping cost. You understand that you are responsible for paying these charges. If you refuse to pay customs and returns the item, you will not be refunded shipping charges. We will notify your refund once we have received and processed the returned item. You should expect to receive your refund within 1-2 months.

Effective Date: March 14, 2018

(Rev. 1.10)