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These differences will not constitute a defect in or noncompliance of any Product. Requirements by state can be found at Ordering Online. We will bear the risk of loss or damage to the Products during shipment to you. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to us below. Please keep in mind that any User-Generated Content that you provide will be publicly available via the Site.

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ARBITRATION NOTICE: THESE Terms CONTAIN A BINDING ARTIBTRATION PROVISION. Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes”), will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement”).

YOU AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED BELOW, ALL DISPUTES BETWEEN YOU AND COMPANY WILL BE RESOLVED BY MADATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of our intellectual property or other proprietary rights, we may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement.

You should read the terms of use and privacy policy for each website that you visit. We reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice. The United Nations Convention for the International Sale of Goods does not apply. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.

Please read the following paragraphs carefully because they require you to arbitrate disputes with us and limit the manner in which you can seek relief from us.

We reserve the right to modify Product offerings at any time, but we are not obligated to make any modifications to Products that have already been shipped. User-Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others is prohibited.

User-Generated Content must be relevant to the applicable topic (for example, the applicable product listing).Please note that these Terms contain provisions that govern the resolution of claims between MILESKIMBALL and you. Payments are processed by our PCI-compliant third-party payment processor. We may also require additional verifications, approvals or other information before accepting any order. The Site may allow you to create, post, transmit, upload, distribute, submit, or otherwise provide comments, data, text, images, video, audio, and other content via the Site, including by submitting product reviews, and to respond to content provided by others (together, “User-Generated Content”). If you choose to set up an online account, you will be required to submit certain information in order to set up your account and will be required to establish a username and password. We may, for any reason, at any time, and in our sole discretion, suspend, deactivate, or terminate your account or your use of the Site, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or account; if you act in an abusive manner; if you act in a manner inconsistent with local, state, or federal laws or regulations; or if it becomes no longer commercially viable to provide the Site to you.We recommend that you print out a copy of these Terms for your records. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site, including all applicable rules regarding online conduct. Upon any termination of your account or these Terms you must promptly cease accessing and using the Site. Additionally, purchases of Products must be made by credit or debit card or via Pay Pal or Amazon Payments (where those options are available).We reserve the right to modify these Terms at any time. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively our property or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Information about our collection and use of payment-related information is described in our Privacy Policy.Any final award or judgment may be filed and enforced in any court of competent jurisdiction. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred. You may not assign your rights or delegate your duties under these Terms without our prior written consent. COMPANY DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE.

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