PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
This document comprises the entire agreement between site operator Snow Commerce and authorized user ("member", "user" or "you"), superseding any prior agreements between you and Snow Commerce with respect to its subject matter. Our principal place of business is located at 1148 Main St #400, Cincinnati, OH 45202.
You represent and warrant that you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement as a US or Canadian resident.
This site is owned by A+E Networks™ as a collective work under the United States and other copyright laws. This site is operated by Snow Commerce under license from A+E Networks™. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Snow Commerce or purchasing A+E Networks™, and site operator Snow Commerce products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Snow Commerce or to purchase A+E Networks™ and site operator Snow Commerce products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by A+E networks™ or site operator Snow Commerce. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of A+E Networks™ used in the site are trademarks or registered trademarks of A+E Networks.™ All trademarks, service marks and trade names of site operator Snow Commerce™ used in the site are trademarks or registered trademarks of Snow Commerce™.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, A+E Networks™ and Snow Commerce disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. A+E Networks™ and Snow Commerce do not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. A+E Networks™ and Snow Commerce do not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
A+E Networks™ and Snow Commerce shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if A+E Networks™ or Snow Commerce has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that an A+E Networks™ and site operator Snow Commerce product is mistakenly listed at an incorrect price, Snow Commerce reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Snow Commerce reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Snow Commerce shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Snow Commerce without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Snow Commerce may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Snow Commerce.
Your use of this site shall be governed in all respects by the laws of the State of Ohio, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the sale, purchase and receipt of products from this site shall be in the state or federal courts located in the State of Ohio. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of A+E Networks™ and site operator Snow Commerce products) must be commenced within one (1) year after the claim or cause of action arises. A+E Networks™’ or Snow Commerce's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. A+E Networks™ and Snow Commerce may assign their rights and duties under this Agreement to any party at any time without notice to you.
Binding Arbitration and Class Action Waiver
You and Snow agree to arbitrate all disputes between you and Snow, except disputes relating to the enforcement of A+E Networks™ or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the AlienConStore.com or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Snow empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Snow must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Snow, 1148 Main Street, Suite 400, Cincinnati, Ohio, 45202, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Snow will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and Snow do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Snow will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $1,000, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in Cincinnati, Ohio, United States of America, and you and Snow agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Snow will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an A+E Networks™ or Snow Commerce or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, including but not limited to copyright, trademark, patent, trade secret or other proprietary right of any third party, or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Snow Commerce does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Snow Commerce is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Snow Commerce reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Snow Commerce in its sole discretion.
You agree to indemnify, defend, and hold harmless A+E Networks™, Snow Commerce, their divisions, affiliates, partners, and the officers, directors, employees, agents, licensors and suppliers of each (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Snow Commerce may link to sites operated by third parties. However, even if the third party is affiliated with Snow Commerce or A+E Networks™, Snow Commerce has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Snow Commerce. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Snow Commerce seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).