Terms of Service
These Terms of Service and any other terms referred to in these terms, such as terms provided in the Return Policy and Warranty Policy (“Terms“), apply between you and 12 Survivors whose principal place of business is at 2201 Heritage Parkway, Mansfield, TX 76063, United States (herein referred to as “12 Survivors” or “We“), when you purchase products and/or accessories or use services provided by the 12survivors.com website through 12 Survivors e-commerce systems Sellmark Nexus or Google Store (The 12 Survivors website http://12survivors.com, Sellmark Corporation’s enterprise system http://sellmarknexus.com, and the 12 Survivors merchant account at http://store.google.com is a group of online services herein referred to as “12survivors.com”).
Please carefully read this notice before you use this website. 12survivors.com herein referred to as the “website” is provided by 12 Survivors and may be used for informational purposes only. By using this website, or downloading materials from it, you agree to abide by the following terms and conditions. If you do not agree with the following conditions of use, please exit this website.
This website is operated by 12 Survivors. Throughout the site, the terms “we”, “us” and “our” refer to 12 Survivors. 12 Survivors offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
WEBSITE CONTENT AND ACCURACY
12 Survivors and its subsidiaries and affiliates and related brands (including but not limited to the Pulsar brand) created this website to be used by the general public and our policyholders. The website does not, and it is not intended to, provide any financial, legal, accounting, or tax advice, and must not be relied upon by you in that regard. The website should not be used, or relied upon by you, as a substitute for your independent research or consultation with your own financial, legal or tax advisers.
The information, text, graphics and links provided in this website are provided by 12 Survivors as a convenience to you. 12 Survivors will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, 12 Survivors does not warrant and cannot guarantee the accuracy, completeness or authenticity of the information contained in this website, or the information, text, graphics, links, website functionality, and other items contained on this server or its suitability for any purpose.
12 Survivors does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this website or the server that makes it available is free of viruses or other harmful components as such information is received by you because 12 Survivors cannot control the transmission of information over this medium. 12 Survivors does not warrant or make any representations regarding the use of, or the results of the use of, the materials on this site, or your transmission of any software, data or information from the website to you.
Information provided on this website is believed to be reliable when posted. However, we cannot guarantee that information will be accurate, complete and current at all times. This website could include technical inaccuracies or typographical errors. 12 Survivors will from time to time revise the information, products and services described in this website, and reserves the right to make such changes.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The use of this website is entirely at your risk. The materials and information in this website (including text, graphics, and functionality) are presented without express or implied warranties of any kind and are provided “as is”. It is your responsibility to evaluate the accuracy, completeness and usefulness of any opinions, advice, services or other information provided.
12 Survivors intends for the information contained in this website to be accurate and reliable. However, errors sometimes occur. Therefore, 12 Survivors and its related, affiliated and subsidiary companies to the full extent permitted by applicable laws disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose as to any matter whatsoever relating to this website or the information contained herein.
To the full extent permitted by applicable laws, in no event shall 12 Survivors, its agents, employees, directors, officers and affiliated companies be liable for any damages of any kind caused to any person as a consequence of the use of this website including but not limited to any direct, special, incidental, indirect or consequential damages of any kind including but not limited to loss of use, loss of data or loss of profits, whether or not advised of the possibility of such damage, or based upon any theory of liability, arising out of or in connection with the use or performance of this website or the information contained herein. We will not be responsible for any detrimental reliance that you may place upon the website or its contents.
Unless otherwise specified, the materials in the website are presented solely for the purpose of educating the user about the products and services of 12 Survivors. Nothing in this website constitutes an offer to buy or sell products or services of 12 Survivors or its affiliated companies. 12 Survivors makes no representation that any or all of the materials in the website are appropriate or available for sale in any or all locations. Not all products and services described are available in all states of the U.S. or the world. No product offered by 12 Survivors and its affiliates is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the laws of such jurisdiction. Some products may not be available in all states. In addition, any pricing information available on this website is posted for informational purposes only.
Those who choose to access this website do so on their own initiative and are responsible for compliance with state, local and foreign laws, if and to the extent such laws are applicable. See Terms of Sale and Conditions for more detailed information on terms being accepted by purchasing a product from this website. Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis.
We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement, where available by law. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
This website is provided for your personal viewing and 12 Survivors maintains all copyrights in the text, buttons, layouts, graphic images and logos contained in this website. Except as stated herein, no portion of this website or its contents may be reproduced, copied, republished, altered, or transmitted, uploaded, downloaded, or posted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of 12 Survivors.
Modification of the materials or use of the materials for any other purpose is a violation of 12 Survivors’ copyright and other proprietary rights. The use of any such material on any other website or networked computer environment without explicit written permission is prohibited.
You may print a copy of the information contained herein for your personal use only, but you may not reproduce or distribute the text or graphics to others or substantially copy the information on your own server, or link to this website, without prior written permission of 12 Survivors.
An acknowledgment of the source must be included whenever our materials are copied or published. Any infringement of our rights will result in appropriate legal action. 12 Survivors and its affiliated companies disclaim any and all liability which may result from any unauthorized reproduction or use of the information on this site.
LICENSE AND REPRODUCTIONS
Permission is granted to print copies of portions of this website, but not the entire website, and to display and navigate around this website with a computer using HTML browser software, solely for personal use. Any commercial use of this website or any portion hereof is strictly prohibited. A hyperlink to the Uniform Resource Locator (URL) of this website in HTML documents which you prepare, must be approved in writing or via email, prior to making such hyperlink, and is subject to the following conditions: (a) the URL may be used only for the purpose of hyperlinking to 12 Survivors brand home page at “http://www.12survivors.com”; (b) the URL shall be clearly identified as being a link to a website owned and operated by 12 Survivors or its affiliated companies; and (c) you will make no other use of any 12 Survivors intellectual property, other than the URL, without 12 Survivors’ express written permission.
The logo shown here for 12 Survivors is a registered trademark of 12 Survivors. Unless otherwise indicated, all trademarks, service marks, and trade names are proprietary to 12 Survivors or its affiliates. 12 Survivors enforces its intellectual property rights. Use in commerce other than as “fair use” is prohibited by law except by express license from 12 Survivors. Other parties’ trademarks and service marks that may be referred to herein are the property of their respective owners.
Because of the marked increase in the fabrication and proliferation of computer viruses affecting the Internet, we want to warn you about infections or viral contamination on your system. It is your responsibility to scan any and all downloaded materials received from the Internet. 12 Survivors is not responsible or liable for any damage caused by such hazards.
12 Survivors companies cannot and do not guarantee or warrant that files available for downloading from this website are free of viruses, worms, Trojan horses or other code that has contaminating or destructive properties. 12 Survivors companies do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title, non-infringement or fitness for a particular purpose) with respect to the files available for downloading from this site. In no event will 12 Survivors companies be liable to you or to anyone else for any decision made or action taken by you or anyone else in reliance on results obtained from use of files downloaded from this site.
All information submitted to 12 Survivors while not logged into secured regions of this website including electronic mail inquiries, is submitted through the Internet, which is an unsecured, public network.
Although 12 Survivors employs the most current and stringent Internet security standards, you acknowledge and confirm that the Internet is not a secure medium where privacy can be ensured, and that complete security and confidentiality over the Internet is not possible at this time. Your confidential use of the website cannot be guaranteed and you acknowledge that your use of the website (including information you transmit to the website) may be subject to access by, or disclosure to, other persons. Without limiting any other disclaimer herein, 12 Survivors shall not be responsible or liable for any harm that you or any other person may suffer in connection with any such breach of confidentiality or security.
Other Internet or websites which may provide access to this website by hypertext links (“hyperlinks”) are entirely independent of this website. Links to other Internet or websites from this website are included as a convenience for our visitors and in no way are meant to imply that 12 Survivors endorses, sponsors, promotes or is affiliated with the owners of or participants in those sites, or endorses any information contained on those sites, unless expressly stated. 12 Survivors does not guarantee the accuracy of any information in these other sites nor does it assume any liability for the content or presentation of linked sites.
12 Survivors cannot guarantee that the hyperlinks set out on our website will be accurate at the time of your access. Moreover, the sites pointed at by hyperlinks have been independently developed and possibly maintained by person(s) over whom 12 Survivors has no control. 12 Survivors cannot and does not monitor the sites linked to its pages on the Internet or any transmission made through the respective web pages and newsgroups. Accordingly, 12 Survivors assumes no responsibility for the content of any site referenced to by any hyperlink or otherwise. 12 Survivors believes that our making available hyperlinks to publicly accessible web pages is legally permissible and consistent with the common, customary expectations of those who make use of the Internet.
SERVICE REQUEST FORMS
Any information requested is for our internal use to service your request. It is not shared with any third party, unless permitted by you or required by law.
INTERACTIVE FORMS OR CALCULATORS
Any interactive forms or calculators on this website are there for your information only. 12 Survivors tracks, retains and/or uses any of the data input into these forms for our internal use only.
AGGREGATED TRACKING INFORMATION
This 12 Survivors website collects no personally identifying information about individuals except when specifically and knowingly provided by such individuals. 12 Survivors will not release any of said information about you without your permission, unless permitted or required by law. 12 Survivors gathers two types of information about people who visit our site: data you provide through optional, voluntary contact request forms; and aggregated tracking information such as IP address and home server information.
To enable us to continually improve on the content we offer our users, as well as for systems administration purposes, we collect aggregate information site-wide. This gives us an idea of which parts of our website users are visiting. We do not link IP addresses to anything personally identifiable, which means a user’s session will be tracked, but the user will be anonymous.
INFORMATION COLLECTION AND USE
12 Survivors routinely gathers data on website activity, such as information about website visitors, to improve the caliber of online information and services offered. There are two forms of data that 12 Survivors collects: website visitorship data and personal information voluntarily provided to us by website visitors.
WEBSITE VISITORSHIP DATA IS:
1. Collected on an aggregate, anonymous basis, which means no personal information is associated with this data;
3. Shared among 12 Survivors business units to improve website content and overall service.
12 Survivors welcomes your comments regarding our website. While we do value your feedback, we ask that you not submit to us any suggestions, materials, ideas or creative concepts for new, modified or different products or services via this website. 12 Survivors requests this in order to avoid confusion in the future regarding the origin of the concept, product or service.
If, despite our request that you not send us any creative materials, you in fact send us creative suggestions, ideas, concepts or other information (collectively, the Information), such Information shall be deemed by 12 Survivors to be, and shall remain, the property of 12 Survivors. None of the Information shall be subject to any obligation of confidence on the part of 12 Survivors and 12 Survivors shall not be liable for any use or disclosure of any Information. Without limiting the foregoing, 12 Survivors shall exclusively own all rights to the Information of every kind and nature and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Certain content, products and services available from 12 Survivors and available via its website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with 12 Survivors. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of Service related to the Product purchased or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using our site or Product or accessories or content or promotional material for: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of 12survivors.com or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of Services that might be required for completion of these Terms or access to any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 12 Survivors AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS (COLLECTIVELY, “12 Survivors PARTIES“) SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, WHETHER OR NOT A 12 Survivors PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 12 Survivors PARTIES‘ TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO 12 Survivors UNDER THESE TERMS.
Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
GOVERNING LAW AND JURISDICTION
The laws of Texas, U.S.A. apply to these Terms, excluding Texas choice of law rules, and will apply to any disputes arising out of or relating to these Terms. Claims arising out of or relating to these Terms will be subject to the exclusive jurisdiction and venue of the courts in Tarrant County, Texas, U.S.A and the laws of 2201 Heritage Parkway, Mansfield, TX, 76063, United States.
CHANGES TO THE TERMS
The Terms in effect at the time you place an order for the Product will apply to such order and Product. 12 Survivors reserves the right to make changes to these Terms from time to time, and any such changes will apply to future orders.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this AGREEMENT for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease use, sale, or distribution of our products, Products, accessories, and sites, or immediately upon misuse of services, such as malicious attempts to misuse, destroy, disturb, interrupt and/or hack our service sites, forcing us to block use of services required to fulfill our end of our obligation.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this AGREEMENT at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
EVENTS BEYOND REASONABLE CONTROL
Neither party will be responsible for any delay or failure to comply with these Terms if the delay or failure arises from any cause which is beyond its reasonable control.
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
You agree to indemnify, defend and hold harmless 12 Survivors and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If it turns out that a particular term is not enforceable, this will not affect any other terms. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted to 12survivors.com or published in respect to these Terms constitutes the entire AGREEMENT and understanding between you and us and govern your AGREEMENT, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Phone: 1 (817) 225-0310
Fax: 1 (817) 394-1628
Business Hours: Mon. Fri. 8:00am 5:00pm CST
Address: 2201 Heritage Parkway Mansfield, TX 76063
Questions about these Terms can be sent to firstname.lastname@example.org.
EFFECTIVE DATE: September 7th, 2016