TERMS OF USE
These Terms of Use (“Terms”) are the terms by which you may use our online and/or mobile services, website(s), and applications (the “Services”). These Terms apply to all visitors, users, or others who access the Services (“you,” or “Users”). Please read these Terms carefully before you use the Westcoastnewsstand.com site.
- Acceptance of Terms.
These Terms are a binding legal agreement between you and Westcoastnewsstand.com(“Westcoastnewsstand.com,” “us” “we” or “our”). You must agree to and accept all of the Terms, or you can’t use the Services. You agree to be bound by these Terms while using our Services, by clicking a button that indicates consent, or consenting in another legally enforceable manner.
When you agree to these Terms of Use, you agree and understand that the terms herein will apply to you, and any other entity on whose behalf you are acting. If you accept these Terms of Use or our product or services for the benefit of your employer, you agree that your employer will be bound by these Terms of Use and that you have authority to bind your employer in this way.
- Our Right to Modify these Terms.
We reserve the right to update or modify these Terms of Use or our policies relating to the Services at any time, effective upon posting of an updated version of these Terms or any applicable supplemental Terms on our Services. If we make a material change to these Terms, we will notify you as required by law. Your use of the Services following any such change constitutes your agreement to follow and be bound by the updated Terms. You are expected to check this page and review these Terms whenever you use the Services so you are aware of any changes. If you do not agree with the terms, you must not use the Services.
- Your Legal Obligations.
You may use the site only for lawful purposes and in compliance with these Terms and the other policies and procedures of Westcoastnewsstand.com posted on the site.
When using the site, you may not:
- Disguise the origin of any message or communication you make to Westcoastnewsstand.com in transacting through the site, or pretend that you are or represent someone else, or impersonate any other individual or entity;
- Engage in activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
- Infringe or violate the intellectual property rights or any other rights of anyone else
- Unless authorized by Westcoastnewsstand.com, collect any personally identifiable information from Users of the site or use any such information found on the site;
- Attempt, in any manner, to obtain the password, account, or other security information from any other User;
- Attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of items, or attempt, permit, encourage, assist, or allow any other violation of these Terms.
- Eligibility and Your Account
You must be 18 years of age or older to purchase adult products or use any site functionality related to such products.When creating your account, you must provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login and password and for restricting access to your computer, tablet, or phone, and you agree to accept responsibility for all activities that occur under your account. Westcoastnewsstand.com reserves the right to refuse service, terminate accounts, delete or modify content, or cancel orders in its sole discretion.
You acknowledge, consent and agree that we may access, preserve and disclose your account or user information (if such information exists) as described in our Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Westcoastnewsstand.com, its users, and the public.
5. Product Content
Westcoastnewsstand.com attempts to be as accurate as possible. However, it does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is a refund or product substitution.
6. Privacy Policy
Please review our Privacy Policy to understand our practices.
7. Orders
Each part of any order that you submit to us constitutes an offer to purchase. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order. Westcoactnewsstand.com is only deemed to have accepted your order once the magazine(s) you ordered have been mailed.
Order Cancellation and Limitations
We reserve the right to accept, decline or cancel your order or limit the order quantity for any reason.
Payment
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in order cancellation. We also may require additional verification or information before or after accepting any order. For orders placed with a credit card payment, payment is subject to the approval of the financial institution issuing the credit card and we shall not be liable if such financial institution refuses to accept or honor the credit card for any reason. We may require, at our option, that any order placed over certain dollar amounts receive our pre-approval.
By confirming your purchase at the end of the checkout process, (1) you agree to accept and pay for the items, including all applicable fees, charges, and taxes and (2) you authorize Westcoastnewsstand.com to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
Refunds
ALL SALES ARE FINAL. Refunds are available only as described. While we will strive to provide returns and refunds for errors on our part, excessive or abusive refund requests will void our Refund Policy.
Promotions
We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official Westcoastnewsstand.com. communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) are limited in nature and may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use. All promotional offers may be discontinued at any time, without prior notice, at our discretion and are only available while supplies last or for the duration noted. Promo Codes are void where prohibited by law.
Undelivered E-mails
Westcoastnewsstand.com, its service providers and the program are not liable for delayed or undelivered emails.
8. Errors
In the event a product is listed at an incorrect price or with incorrect information, Westcoastnewsstand.com shall have the right to refuse or cancel any orders placed for such products. Westcoastnewsstand.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall issue a credit to your credit card account in the amount of the charge.
9. Indemnity
To the full extent permitted by law, you agree to indemnify, defend, and hold Westcoastnewsstand.com and its respective officers, directors, employees, members, shareholders, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable lawyers’ fees and disbursements, made by any third party in connection with or arising out of your use of the Services, your connection to the Services, your violation of the Terms or Westcoastnewsstand.com Privacy Policy, your violation of an applicable law, your submission, posting, or transmission of user content to the Services, and/or your violation of any rights of another. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and in any event you will cooperate with us in asserting any available defenses.
10. Warranty Disclaimer
THE PRODUCTS ARE PROVIDED BY WESTCOASTNEWSSTAND.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. WESTCOASTNEWSSTAND.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WESTCOASTNEWSSTAND.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WESTCOASTNEWSSTAND.COM DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE SITE YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
11. General
Force Majeure Westcoastnewsstand shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargo’s, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Services or purchasing products from us, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
Entire Agreement These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other westcoastnewsstand.com products and/or services, affiliate services, third party content, or products, or third party software.
