Terms and Conditions

GENERAL TERMS AND CONDITIONS

We at The unDesk, LLC (“The unDesk”) are pleased that you are interested in the opportunity to explore and use our Web site. Following are some “ground rules” regarding matters such as our intellectual property and how you may use our Web site. These ground rules are referred to as the “Terms of Use” or the “Terms.”

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE unDesk WEB SITE. USING OUR WEB SITE SIGNIFIES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH AND ACCEPT ANY OF THESE TERMS, THEN DO NOT USE OUR WEB SITE.

Sometimes The unDesk is referred to in these Terms of Use as “we” or “us.” Sometimes we refer to you as “user.” The unDesk, of course, reserves the right, in its sole and absolute discretion, to change, modify, update, and interpret these Terms of Use at any time and from time to time, and you agree to be bound by such changes, modifications, updates, and interpretations.

Personal Information Submitted Through the Site:

Your submission of personal information through our site is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Ownership of Web Site, Copyrights, and Trademarks:

This Web site is owned and operated by The unDesk. All of the materials contained on this Web site, including all information, text, software, pictures, images, sounds, video clips, audio clips, illustrations, and graphics (collectively the “Content”) are either owned by The unDesk or they are licensed to it and are copyrighted. The unDesk and its licensors retain and reserve all proprietary rights in and to the Content.

You may copy, or download a copy to your own, single computer, for your own personal and non-commercial use, of any Content on this Web site provided you retain, and do not delete or change, any copyright, trademark or other proprietary notices contained in the original Content on such copies. All such copies must include, at a minimum, the following copyright notice: “Copyright 2006 The unDesk Retail Services. All rights reserved.”

You may not, however, use on your own web site or on anyone else’s web site or in any networked computer environment, anything you copy or download, nor may you or anyone else use any Content in any other commercial or public manner or channel, or redistribute any portion of the Content, unless you have first received The unDesk’s prior written consent to do so on The unDesk letterhead signed by The unDesk’s President. You also may not alter, in any way, any of the Content you copy or download. If you violate any of these Terms, your authorization to use our web site terminates automatically, and you agree to immediately destroy any copies you have of any portion of the Content.

The various The unDesk names, marks, logos, products and services referenced on this web site are either trademarks or service marks, or registered trademarks or service marks, of The unDesk or its affiliates. Other product and company names referenced on this web site may be the trademarks or service marks of others. The unauthorized use of any trademark or service mark displayed on this web site or any other trademark or service mark of The unDesk or its affiliates is strictly prohibited. Any rights not expressly granted herein are reserved to The unDesk.

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.

Due to the custom nature of our products, credit cards will be charged once the “Place Order” button is clicked on the checkout page. Please contact customer service for any questions or more information.

The unDesk collects sales tax on all purchases made in California and Louisiana. We do not collect sales tax for any other state. If you believe you are responsible for any taxes as a result of your transaction with us, it is your responsibility to remit such taxes to the appropriate taxing authority.

Site Content

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. The unDesk is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

Errors, Inaccuracies, and Omissions:

Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 on the site is inaccurate at any time without prior notice (including after you have submitted your order).

Links:

Certain links on this web site lead to sites and resources that are not maintained by or under the control of The unDesk. The unDesk is not responsible for the contents of any such referenced or “linked” Web sites or resources or for the availability of access to such sites. A link to another Web site or a reference to a product or service by trade name, trademark, provider or otherwise does not constitute or imply an endorsement or recommendation by The unDesk unless expressly stated herein.

Colors:

We have made every effort to display as accurately as possible the colors of our products that appear on our site. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Disclaimers:

Products, programs and services described or mentioned on this Web site are subject to availability. We do not and cannot assure you that everything on our Web site is accurate. You use our Web site at your own risk, and The unDesk assumes no liability for any errors, omissions, injury, harm or damage in connection with this Web site or any of the Content. Without limiting the generality of the foregoing:

THE INFORMATION CONTAINED ON THIS WEB SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW.

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IT LIES IN TORT, CONTRACT, OR OTHERWISE, SHALL The unDesk, OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANIES, SUPPLIERS, OR INDEPENDENT CONTRACTORS, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, OR ANYONE ELSE INVOLVED IN DEVELOPING OR DISTRIBUTING The unDesk’S WEB SITE, BE LIABLE FOR ANY PUNITIVE DAMAGES OR ECONOMIC OR OTHER HARM OR INJURY RESULTING IN ANY WAY FROM THE USE OR INABILITY TO USE, The unDesk’S WEB SITE ANY WEB SITES LINKED TO THIS SITE OR THE MATERIALS OR INFORMATION CONTAINED ON ANY SUCH SITE, INCLUDING, WITHOUT LIMITATION, ANY ECONOMIC HARM, LOST PROFITS, DAMAGES TO BUSINESS, DATA OR COMPUTER SYSTEMS, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM RELIANCE ON ANY CONTENT OR RESULTING FROM ANY INTERRUPTIONS, WORK STOPPAGES, COMPUTER FAILURES, COMMUNICATION FAILURES, DELETION OF FILES, ERRORS, OMISSIONS, INACCURACIES, DEFECTS, VIRUSES, DELAYS, OR MISTAKES OF ANY KIND, EVEN IF YOU HAVE ADVISED The unDesk OF THE POSSIBILITY OF SUCH DAMAGES.

General:

This Web site is controlled and administered by The unDesk from its headquarters within the State of Colorado, USA. Unless otherwise specified, the Content on this Web site is presented solely for the purpose of entertainment and promoting services available in the United States, its territories and possessions. The unDesk makes no representation that access to this Web site or the Content are appropriate or available for use in other locations. Access to this Web site or the Content from any location where such access is illegal is prohibited. Users shall not download or otherwise export or re-export any Content except in full compliance with all U.S. and other applicable laws and regulations.

If any particular portion of a provision of these Terms of Use shall ever be adjudicated as invalid or unenforceable, or if the application thereof to any party or circumstance shall be adjudicated to be prohibited by or invalid under applicable laws or public policies, such particular portion of the provision shall be deemed amended to delete there from such portion so adjudicated, such deletion to apply only with respect to the operation of such portion in the particular jurisdiction so adjudicating on the parties and under the circumstances as to which so adjudicated and only to the minimum extent so required, and the parties shall be deemed to have substituted for such portion so deleted words which give the maximum scope permitted under applicable law to such provision. These Terms of Use contain the entire understanding between you and The unDesk with respect to their subject matter, provided that if you are a customer, carrier, vendor or other contractor who has a separate written agreement with The unDesk covering any portion of the subject matter of these Terms, except as otherwise expressly provided, the terms of such written agreement shall control. Your use of this Web site after The unDesk modifies or amends it in any way shall constitute acceptance of such modification or amendment by you.

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