Terms of Use
Thank you for shopping with Snaggitz. BY ACCESSING OR USING THIS SITE, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS OF USE (THE "TERMS OF USE"). WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS OF USE CONSTITUTES ACCEPTANCE OF THOSE CHANGES. These Terms and Conditions shall apply to all future owners, successors and assigns of MAOZO UNLIMITED, LLC.
1. Use of the Site. You may use www.Snaggitz.com (the "Site" or "Website") only in accordance with and subject to these Terms of Use and the Site's Privacy Policy. Once you complete and submit your membership, you have opted in to receive email communication from us (each user and/or registrant to our Site to be hereinafter referred to as "You" or "Member"). You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Maozo Unlimited, LLC, dba Snaggitz or others. Notwithstanding any other rights or restrictions in these Terms of Use, You may not use this Site to: (a) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with Your authorized use of this Site or otherwise in response to specific requests for information by us; (b) introduce to the Site or any other computer or web site viruses, worms, Trojan horses and/or harmful code; (c) obtain unauthorized access to any computer system; (d) impersonate any other person, including but not limited to, a registered user of this Site or an employee of Maozo Unlimited, LLC, dba Snaggitz; (e) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity; (f) misrepresent the identity of a user or use a false e-mail address; (g) tamper with or obtain access to this Site or any component of this Site; (h) conduct fraudulent activities; or (i) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.
You are responsible for maintaining the confidentiality of Your account and password. You agree to accept responsibility for all activities that occur under Your account or password. You agree to immediately notify us in the event of any unauthorized use of Your account or other breach of security.
2. Membership Eligibility. The Site is available to members who are 18 years and older and only to individuals who can form legally binding contracts under the applicable law., who have properly registered and who have not been suspended or removed by Maozo Unlimited, LLC, dba Snaggitz for any reason. By becoming a Member You represent that You are of legal age. Membership is available only by a valid invitation to users who have completed the information required by the Site's registration form. If You do not qualify, You may not use the Site. As a Member, You agree to provide true, accurate, current and complete information about Yourself as prompted by the Site's registration form. Membership is void where prohibited by law.
3. Additional Terms and Conditions. Additional terms and conditions may apply to specific portions of or products on the Site or Your membership, which terms are made part of these Terms of Use by reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted or emailed for, or applicable to, a specific portion of or products on the Site or Your membership, the latter terms shall control with respect to Your use of that portion of the Site, the products or Your membership.
The following terms and conditions apply to the applicable features on the Site:
(a) Return Credits. Returned items are refunded at the original purchase price in the form of a voucher credit (a "Voucher Credit"). Voucher Credits may be redeemed only for the purchase of vouchers on the Site and may not be used for the purchase of gift cards or services. Voucher Credits are not transferable and may not be combined with Voucher Credits belonging to others. At no time may You purchase, sell or barter any Voucher Credits. Voucher Credits are not redeemable for cash, unless required by law. The obligations represented by outstanding Voucher Credits may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Maozo Unlimited, LLC, dba Snaggitz website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Voucher Credit obligations, and You agree to look solely to such assignee in the event of any such transfer.
(b) Credit Balances. Any credit balance will be automatically applied to Your next purchase of vouchers from the Site and the order of redemption of such credits will be determined by Maozo Unlimited, LLC, dba Snaggitz. To the extent Your credits exceed the amount of Your total purchase, the excess credit balance will remain in Your account to be applied to Your next purchase, subject to the foregoing terms and conditions. If Your account and/or membership is terminated for any reason, any credit balances in Your account may be cancelled, except as prohibited by law. Account balances are determined by Maozo Unlimited, LLC, dba Snaggitz and such determination is final.
(c) Site-Provided Email and Postings. The Site may provide Members with the ability to send email messages to others and to post messages on the Site. Maozo Unlimited, LLC, dba Snaggitz has the right but not the obligation to monitor and decline, edit or remove all or any portion of any postings, submissions or content. You agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Maozo Unlimited, LLC, dba Snaggitz, its parent, subsidiaries or affiliates; (v) any chain letters, pyramid schemes, spam, contests or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing.
4. Accuracy of Content; Limitations on Quantity. The information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend or terminate an event, promotion or boutique at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, Your sole remedy is to return it subject to the terms of our return policy.
5. Proprietary Rights. You acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons and page headers) available on the Site are the property of Maozo Unlimited, LLC, dba Snaggitz and/or its affiliates, subsidiaries or licensors and are protected by copyrights, trademarks, service marks or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from content or materials on the Site. Reference to any products, services or other information by trade name, trademark, manufacturer or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by Maozo Unlimited, LLC, dba Snaggitz. All trademarks not owned by Maozo Unlimited, LLC, dba Snaggitz that appear on the Site are the property of their respective owners. Use of the content and materials for any purpose not expressly permitted in these Terms of Use is prohibited.
6. Links to Third-Party Web Sites; No Implied Endorsements. This Site may contain links to other web sites on the Internet. You acknowledge that we have no control over such web sites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked web site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
7. Maozo Unlimited, LLC, dba Snaggitz Responsibility. Maozo Unlimited, LLC, dba Snaggitz takes no responsibility for the services or products for which Maozo Unlimited, LLC, dba Snaggitz vouchers may be redeemed – Maozo Unlimited, LLC, dba Snaggitz makes no warranty to the Maozo Unlimited, LLC, dba Snaggitz end users for the quality safety, usability, or other aspect of the product or service for which the Maozo Unlimited, LLC, dba Snaggitz is redeemed. Some services for which Maozo Unlimited, LLC, dba Snaggitz can be redeemed are activities that involve potential bodily harm (such as skiing, skydiving, etc), and for those activities, Maozo Unlimited, LLC, dba Snaggitz takes no responsibility for the service or activity being offered, and the end suer takes responsibility for his or her own actions in utilizing the services for with the Maozo Unlimited, LLC, dba Snaggitz’s liability.
The Maozo Unlimited, LLC, dba Snaggitz voucher You purchase is redeemable for goods or services by the seller of such goods and services, hereinafter defined as "Merchant." The Merchant, not Maozo Unlimited, LLC, dba Snaggitz, is the seller of the goods and services. Maozo Unlimited, LLC, dba Snaggitz sells a voucher that can be redeemed in connection with Your purchase of the goods or services from Merchant.
If You have any questions about these terms, please contact Maozo Unlimited, LLC, dba Snaggitz.
8. Disclaimers. Maozo Unlimited, LLC, dba Snaggitz is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract or strict liability) arising out of or related to any content submitted or posted by You or any third party, or to any act or omission by Members of the Site, by Maozo Unlimited, LLC, dba Snaggitz or by any third party or by any of the equipment or programming associated with or utilized by the Site. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Maozo Unlimited, LLC, dba Snaggitz.
Maozo Unlimited, LLC, dba Snaggitz is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to Member's or to any person's computer related to or resulting from participation on or through the Site.
THE SITE, ITS CONTENT AND ALL TEXT, IMAGES, MERCHANDISE AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, Maozo Unlimited, LLC, dba SNAGGITZ DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SITE IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
9. Limitation of Liability. IN NO EVENT SHALL Maozo Unlimited, LLC, dba SNAGGITZ, ITS PARENT, SUBSIDIARIES, DIVISIONS OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY Maozo Unlimited, LLC, dba SNAGGITZ, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF Maozo Unlimited, LLC, dba SNAGGITZ HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF Maozo Unlimited, LLC, dba SNAGGITZ, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO Maozo Unlimited, LLC, dba SNAGGITZ IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL Maozo Unlimited, LLC, dba SNAGGITZ, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF Maozo Unlimited, LLC, dba SNAGGITZ.
You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such states some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
10. Maozo Unlimited, LLC, dba Snaggitz Affiliates. Maozo Unlimited, LLC, dba Snaggitz is not affiliated with web sites or third parties that sell or advertise our products without a written agreement with us. Maozo Unlimited, LLC, dba Snaggitz reserves the right to void all service, return, and other policies for orders and Snaggitz products that were purchased through unauthorized sellers. Maozo Unlimited, LLC, dba Snaggitz is not responsible for any representations by unauthorized sellers.
11. Unavailability of Site; Termination; Fraud. We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend Your use or access to all or part of the Site or Your account or membership, for any reason, including without limitation, breach of these Terms of Use. If at any time, we notify You that Your access to and /or use of the Site or Your account is terminated, You must cease and desist from all such access and/or use immediately. We reserve the right to cancel, delay, refuse to ship, or recall from the shipper any order if fraud is suspected. In the event these Terms of Use or Your membership or account are terminated, the restrictions regarding intellectual property matters, the representations and warranties, indemnities, and limitations of liabilities set forth herein (as well as any other of Your obligations which by their nature should survive termination) will survive termination.
12. Miscellaneous. Unless otherwise specified herein, these Terms of Use, together with the Privacy Policy and the Return Policy, constitute the entire agreement between You and Maozo Unlimited, LLC, dba Snaggitz with respect to the Site and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Maozo Unlimited, LLC, dba Snaggitz with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of
Maozo Unlimited, LLC, dba Snaggitz to act with respect to a breach by You or others does not waive Maozo Unlimited, LLC, dba Snaggitz's right to act with respect to subsequent or similar breaches. Maozo Unlimited, LLC, dba Snaggitz's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Maozo Unlimited, LLC, dba Snaggitz without restriction. The section headings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect the terms of these Terms of Use.
The Terms and Conditions together with the Privacy Policy and the Return Policy shall be governed by and construed in accordance with the laws of the State of Ohio without regard to choice of law rules. Each Member agrees to submit to personal jurisdiction in the State of Ohio and further agrees that any cause of action arising from or relating to the use of this Site, the Terms and Conditions, the Privacy Policy or the Return Policy shall be brought exclusively in federal or state courts in Ohio.
13. General Arbitration Policy.
Pursuant to this Agreement, and with the prior agreement of Maozo Unlimited, LLC, dba Snaggitz, any claim, dispute, or controversy arising or concerning this Website and/or the performance or interpretation of this Agreement shall be submitted to binding arbitration. Arbitration shall be conducted in such forum and pursuant to such rules as the parties agree upon, and failing agreement shall be conducted by one arbitrator in the state and county in which Maozo Unlimited, LLC, dba Snaggitz's principal place of business is located who is knowledgeable about wholesaling, retailing and purchasing and sale of consumer note and installment note contacts, pursuant to the commercial arbitration rules of the American Arbitration Association that are in effect on the date of the notice to arbitrate. Discovery shall be allowed in such proceeding according to the federal rules of civil procedure and the decision of the arbitrator shall contain findings of fact and conclusions of law. Any decision rendered in such an arbitration proceeding shall be final, binding and conclusive upon all parties involved as well as any award of the arbitrator. This provision shall be specifically enforced by a court of competent jurisdiction.
