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Conditions of Use |
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Welcome to KingOfPonds.com. KingOfPonds.com provides services to you subject to the following conditions. If you
visit or shop at KingOfPonds.com, you accept these conditions. Please read them carefully.
PRIVACY
In order to understand our practices, please review our Privacy Notice. It governs your visit to KingOfPonds.com.
ELECTRONIC COMMUNICATIONS
When you visit KingOfPonds.com or send e-mails to us, you are communicating with us electronically. You consent
to receive
communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, digital downloads, data
compilations, and software, is the property of KingOfPonds.com or its content suppliers and protected by United
States and
international copyright laws. The compilation of all content on this site is the exclusive property of
KingOfPonds.com and
protected by U.S. and international copyright laws. All software used on this site is the property of
KingOfPonds.com or its software suppliers and protected by United States and international copyright laws.
TRADEMARKS
KingOfPonds.com and other marks indicated on our site are trademarks of KingOfPonds.com, Inc. in the
United States
and other countries. KingOfPonds.com's trademarks may not be used in connection with any product or service that
is not
KingOfPonds.com's, in any manner that is likely to cause confusion among customers, or in any manner that
disparages or
discredits KingOfPonds.com. All other trademarks not owned by KingOfPonds.com that appear on this site are the
property
of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KingOfPonds.com.
LICENSE AND SITE ACCESS
KingOfPonds.com grants you a limited license to access and make personal use of this site and not to download
(other than
page caching) or modify it, or any portion of it, except with express written consent of KingOfPonds.com. This
license does
not include any resale or commercial use of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of
account information for the benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of
KingOfPonds.com. 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 KingOfPonds.com without express written consent.
You may not
use any meta tags or any other "hidden text" utilizing KingOfPonds.com's name or trademarks without the express
written
consent of KingOfPonds.com. Any unauthorized use terminates the permission or license granted by
KingOfPonds.com.
You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KingOfPonds.com so
long as
the link does not portray KingOfPonds.com and its products or services in a false, misleading, derogatory, or
otherwise
offensive matter. You may not use any KingOfPonds.com logo or other proprietary graphic or trademark as part of
the link without express written permission.
COMPATIBLITY
KINGOFPONDS.COM is a mail order company which carries thousands of products. It is impossible for our staff to know each
product
carried in full detail. Though we will help you to the best of our knowledge, KINGOFPONDS.COM cannot guarantee every
product's
compatibility and will not be held liable for any incorrect information given. It is the customers' responsibility to do
further research before shopping. For further information or questions regarding any products, please check with the
manufacturers.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for all activities that occur under
your account or password. KingOfPonds.com does sell products for children, but it sells them to adults, who can
purchase
with a credit card. If you are under 18, you may use KingOfPonds.com only with involvement of a parent or
guardian.
KingOfPonds.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel
orders in their sole discretion.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable content.
If you do submit material, and unless we indicate otherwise, you grant KingOfPonds.com a nonexclusive,
royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, and display such content throughout the world in any media. You grant
KingOfPonds.com
the right to use the name that you submit in connection with such content, if they choose. You represent and
warrant that you own or otherwise control all of the rights to the content that you post; that the content is
accurate; that use of the content you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify KingOfPonds.com for all claims resulting from content you supply.
KingOfPonds.com
has the right but not the obligation to monitor and edit or remove any activity or content. KingOfPonds.com takes
no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from KingOfPonds.com are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
KingOfPonds.com attempts to be as accurate as possible. However, KingOfPonds.com does not warrant that product
descriptions
or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by
KingOfPonds.com itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY KingOfPonds.com AN "AS IS" AND "AS AVAILABLE" BASIS. KingOfPonds.com MAKES NO
REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KingOfPonds.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KingOfPonds.com
DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM KingOfPonds.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
KingOfPonds.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT
NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
APPLICABLE LAW
By visiting KingOfPonds.com, you agree that the laws of the state of Georgia, without regard to principles of
conflict of
laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and
KingOfPonds.com.
DISPUTES
Any dispute relating in any way to your visit to KingOfPonds.com or to products you purchase through
KingOfPonds.com shall be
submitted to confidential arbitration in Marietta, Georgia, except that, to the extent you have in any manner
violated
or threatened to violate KingOfPonds.com's intellectual property rights, KingOfPonds.com may seek injunctive or
other
appropriate relief in any state or federal court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
King of Ponds
3000 Johnson Ferry Rd.
Suite 103/104
Marietta, Georgia 30062
Phone: 678-264-8205
Fax: 678-528-8626
Order Line: 404-543-5882
www.KingOfPonds.com
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