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Conditions of Use
Last updated: May 21, 2018

Welcome to C19GS.com. C19GS.com Services LLC and/or its affiliates (“C19GS”) provide website features and other products and services to you when you visit or shop at C19GS.com, use C19GS products or services, use C19GS applications for mobile, or use software provided by C19GS in connection with any of the foregoing (collectively, “C19GS Services”). C19GS provides the C19GS Services subject to the following conditions.

By using C19GS Services, you agree to these conditions. Please read them carefully.
We offer a wide range of C19GS Services, and sometimes additional terms may apply. When you use an C19GS Service (for example, Your Profile, Gift Cards, C19GS Video, Your Media Library, C19GS devices, or C19GS applications) you also will be subject to the guidelines, terms and agreements applicable to that C19GS Service (“Service Terms”). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your use of C19GS Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use C19GS Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other C19GS Services, such as our Message Center, and you can retain copies of these communications for your records. 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 in or made available through any C19GS Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of C19GS or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any C19GS Service is the exclusive property of C19GS and protected by U.S. and international copyright laws.

TRADEMARKS
Click here to see a non-exhaustive list of C19GS trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any C19GS Service are trademarks or trade dress of C19GS in the U.S. and other countries. C19GS’s trademarks and trade dress may not be used in connection with any product or service that is not C19GS’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits C19GS. All other trademarks not owned by C19GS that appear in any C19GS Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by C19GS.

PATENTS
One or more patents owned by C19GS apply to the C19GS Services and to the features and services accessible via the C19GS Services. Portions of the C19GS Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable C19GS patents and applicable licensed patents.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, C19GS or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the C19GS Services. This license does not include any resale or commercial use of any C19GS Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any C19GS Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by C19GS or its licensors, suppliers, publishers, rightsholders, or other content providers. No C19GS Service, nor any part of any C19GS Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of C19GS. 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 C19GS without express written consent. You may not use any meta tags or any other “hidden text” utilizing C19GS’s name or trademarks without the express written consent of C19GS. You may not misuse the C19GS Services. You may use the C19GS Services only as permitted by law. The licenses granted by C19GS terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
You may need your own C19GS account to use certain C19GS Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit https://www.C19GS.com/cpe/managepaymentmethods?ref_=ya_d_c_pmt_mpo& to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. C19GS does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the C19GS Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their C19GS Household. Alcohol listings on C19GS are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. C19GS reserves the right to refuse service, terminate accounts, terminate your rights to use C19GS Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and 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 (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. C19GS reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant C19GS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant C19GS and sublicensees 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 C19GS for all claims resulting from content you supply. C19GS has the right but not the obligation to monitor and edit or remove any activity or content. C19GS takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS
C19GS respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS
All purchases of physical items from C19GS 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.

RETURNS, REFUNDS AND TITLE
C19GS does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, C19GS does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center .

PRODUCT DESCRIPTIONS
C19GS attempts to be as accurate as possible. However, C19GS does not warrant that product descriptions or other content of any C19GS Service is accurate, complete, reliable, current, or error-free. If a product offered by C19GS itself is not as described, your sole remedy is to return it in unused condition.

PRICING
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on C19GS and other retailers. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on C19GS.
With respect to items sold by C19GS, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by C19GS is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS
When you use apps created by C19GS, such as the C19GS App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here .

SANCTIONS AND EXPORT POLICY
You may not use any C19GS Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using C19GS Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including C19GS Software), technology, and services.

OTHER BUSINESSES
Parties other than C19GS operate stores, provide services or software, or sell product lines through the C19GS Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from C19GS. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). C19GS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE C19GS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C19GS SERVICES ARE PROVIDED BY C19GS ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. C19GS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE C19GS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C19GS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE C19GS SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, C19GS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C19GS DOES NOT WARRANT THAT THE C19GS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C19GS SERVICES, C19GS’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM C19GS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, C19GS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY C19GS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY C19GS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES
Any dispute or claim relating in any way to your use of any C19GS Service, or to any products or services sold or distributed by C19GS or through C19GS.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, C19GS will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW
By using any C19GS Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, 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 C19GS.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of C19GS Services. We reserve the right to make changes to our site, policies, Service Terms, 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.

 

ADDITIONAL C19GS SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with C19GS Services (the “C19GS Software”).
Use of the C19GS Software. You may use C19GS Software solely for purposes of enabling you to use the C19GS Services as provided by C19GS, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the C19GS Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the C19GS Software in whole or in part. All software used in any C19GS Service is the property of C19GS or its software suppliers and is protected by United States and international copyright laws.
Use of Third Party Services. When you use the C19GS Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the C19GS Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the C19GS Software at any time and without notice to you.
Government End Users. If you are a U.S. Government end user, we are licensing the C19GS Software to you as a “Commercial Item” as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the C19GS Software are the same as the rights we grant to all others under these Conditions of Use.
Conflicts. In the event of any conflict between these Conditions of Use and any other C19GS or third-party terms applicable to any portion of C19GS Software, such as open-source license terms, such other terms will control as to that portion of the C19GS Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
C19GS accepts service of subpoenas or other legal process only through C19GS’s national registered agent, Corporation Service Company (CSC).

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for C19GS devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Written claims concerning copyright infringement must include the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.