TERMS + CONDITIONS
The following are terms of a legal agreement between you and Cherub Defense, LLC. (hereinafter “Cherub Defense”). By accessing, browsing and/or using the Cherubdefense.com web site (“Site”), you acknowledge that you have read, understood, and agree to be bound by all of the provisions set forth herein and below, and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this Site. Our failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance.
These Terms and Conditions are effective as of May 16th, 2011.
Please review our policies:
Our policies also govern your visit to our Site. Cherub Defense reserves, at its sole discretion, the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any provision of this agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
All content included on this Site, including, but not limited to, text, graphics, logos, button icons, images, and video clips, is the property of Cherub Defense 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 Cherub Defense and protected by U.S. and international copyright laws.
Trademarks appearing at the Site may be owned and/or registered by parties other than Cherub Defense, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of Cherub Defense or other parties.
GRANT OF LIMITED USE LICENSE
Cherub Defense grants you a limited, nonexclusive, non-transferable license to access and use this Site only in accordance with and for the purposes set forth in these Terms and Conditions. You do not have permission to access or use this Site in any way or for any purpose that involves a violation of these Terms and Conditions. Cherub Defense retains the right to terminate your limited use license at will, at any time.
OWNERSHIP; SCOPE OF LICENSE
This Site is intended only for your use in deciding whether to purchase products and in purchasing products from Cherub Defense. Materials presented at the Site may be downloaded and printed exclusively for this limited purpose, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of Cherub Defense.
CHERUB DEFENSE DOES NOT SELL PRODUCTS TO CHILDREN. IF YOU ARE UNDER 18, YOU MAY NOT CREATE AN ACCOUNT AND/OR MAKE A PURCHASE WITH CHERUB DEFENSE.
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. Cherub Defense does not sell products to children. Cherub Defense reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
SITE INFORMATION USE
Cherub Defense makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. This Site and certain areas on this Site may be linked to other web sites that are not maintained by Cherub Defense and are not subject to the same Terms and Conditions and other Policies. Cherub Defense is not responsible for the content of these other Sites. A link to another Site does not imply an endorsement, sponsorship or recommendation of the Site and Cherub Defense disclaims any liability for the links to and from this Site. Any cross-reference comparisons or references to competing products contained on this Site do not imply or suggest that in all cases the performance or functional equivalency of the referenced comparison is perfectly comparable.
IT IS THE RESPONSIBILITY OF THE BUYER AND NOT CHERUB DEFENSE TO ASCERTAIN AND OBEY ALL APPLICABLE LAWS IN REGARD TO THE POSSESSION AND USE OF PRODUCTS PURCHASED FROM CHERUB DEFENSE. THE BUYER REPRESENTS THAT ALL PRODUCTS PURCHASED WILL BE USED IN A LAWFUL MANNER AND THAT HE/SHE IS OF LEGAL AGE TO PURCHASE.
You agree to indemnify, defend and hold Cherub Defense and its agents, affiliates, and partners harmless from any claim, demand, liability, loss, and expense, including damage awards, settlement amounts, and reasonable attorneys’ fees, made by any third party due to or arising out of your use of any product or service obtained from Cherub Defense.
All products are sold upon the condition that Cherub Defense, the seller, will not be liable for any arrest, accident, or injury occurring during the transportation, handling, storage, sale, or use of the product.
Cherub Defense has no control over the use of any product purchased. The buyer agrees that, under no circumstances will Cherub Defense or the product manufacturer be held liable for any loss arising out of the use or misuse of these products.
No product is 100% effective, Cherub Defense assumes no responsibility if a product purchased is not effective in preventing bodily injury, dismemberment, or death. By placing an order, you release Cherub Defense of any liability regarding your actions concerning the sale, use, ownership, and shipping of any products purchased. Buyer assumes all responsibility and liability.
Cherub Defense attempts to be as accurate as possible. However, Cherub Defense 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 Cherub Defense itself is not as described, your sole remedy is to return it in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY CHERUB DEFENSE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. CHERUB DEFENSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CHERUB DEFENSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CHERUB DEFENSE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM CHERUB DEFENSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CHERUB DEFENSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
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.
By visiting our Site, you agree that the laws of the state of Ohio, 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 Cherub Defense.
You agree that if Cherub Defense does not exercise or enforce any legal right or remedy which is contained in the Terms and Conditions (or which Cherub Defense has the benefit of under any applicable law), this will not be taken to be a formal waiver of Cherub Defense’s rights and that those rights or remedies will still be available to Cherub Defense.
If you have any questions concerning these Terms + Conditions of Cherub Defense, please do not hesitate to contact us.