Terms of Use


Terms of conditions

Welcome to the VISCATA, (“VISCATA”) website, viscata.com (the “Site”). We ask that you abide by the terms and conditions that follow; your use of the Site constitutes your agreement with the terms and conditions that follow (the “Agreement”). We reserve the right to revise these terms and conditions as needed. However, when we make changes, we will post them here. You may wish to check this section from time to time, because your use of the Site following any changes indicates your agreement to be bound by those modifications.

Site contents

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by VISCATA. The users of the Site intend the Contents of the Site, and the Site as a whole, solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by VISCATA.

Privacy statement

At VISCATA, we are committed to protecting your privacy. We do not sell or rent information about our customers. All information provided to VISCATA remains absolutely confidential.

VISCATA will not collect any personal information about you except when specifically and knowingly provided by you. Examples of such information are name, shipping and billing addresses, e-mail, phone number, credit card information and customer preferences data.

VISCATA may share aggregate or summary information regarding its customers with partners, advertisers or other third parties. This data will never identify you personally.

VISCATA may share information with companies that provide support services to us (such as a printer, mailing house, fulfillment company or web host) or that help us market our products and services. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.

Cookies

Like most other websites, VISCATA uses cookie technology throughout this site. Cookies are used to provide customers with tighter security, customized content, tracking of orders and shopping cart items. Unfortunately, customers who turn off cookies in their browser settings will not be able to shop from this Site.

Shopping on the Site is easy, secure and worry free. We have taken several measures to guarantee that your order and your credit card information are safe and secure. Our servers use Secure Sockets Layer (SSL), an advanced encryption technology that works with Microsoft Internet Explorer (version 3.0 and above), Netscape Navigator (versions 2.0 and above), and AOL (AOL 3.0 and above).

SSL is considered the industry standard and is among the leading software available to encrypt online transactions. Your personal information including your name, credit card number and address is encrypted so that it cannot be read as it is transmitted over the Internet.

Safe shopping guarantee

The Fair Credit Billing Act states that your bank cannot hold you liable for more than $50.00 of fraudulent credit card charges. If your bank does hold you liable for any amount up to the full $50.00, VISCATA online shopping will cover the entire liability, up to the full $50.00.

If you suspect unauthorized use of your credit card, you must notify your credit card according to its reporting rules and procedures.

Please note that VISCATA online shopping will cover this liability only if the unauthorized use of your credit card resulted through no fault of your own from purchases made at VISCATA online shopping while using our secure server.

Site transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Product information

Most VISCATA products displayed on the Site are available in select stores in the United States and select foreign markets while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Inaccuracy disclaimer

From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Comments and submissions

All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to VISCATA on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain VISCATA’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to VISCATA of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. VISCATA is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay the user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.

You agree that VISCATA may use and/or disclose information consistent with our Privacy Statement.

Indemnification

You agree to defend, indemnify and hold VISCATA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Choice of law

This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of California, County of San Diego and/or the Central District of California. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of VISCATA’ right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Links to other websites

To the extent that this Site contains links to outside services and resources, the availability and content of which VISCATA does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

Termination

These terms are effective unless and until terminated by either you or VISCATA. You may terminate this Agreement at any time. VISCATA also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in VISCATA’ sole discretion you fail to comply with any term or provision of this Agreement.

Disclaimer

IN NO EVENT SHALL VISCATA OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF VISCATA HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Miscellaneous

Unless otherwise specified and except to the extent VISCATA products are offered for sale in the United States and select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting VISCATA’ products and services available in the United States and select foreign markets. This Site is controlled and operated by VISCATA from its offices in California.





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