BY ACCESSING, VIEWING OR ORDERING FROM THIS WEBSITE, YOU AGREE TO HAVE READ THE TERMS OF USE AND USER AGREEMENT CAREFULLY AND AGREE TO ALL OF THE TERMS. YOU MAY NOT ACCESS OR USE THIS WEBSITE UNLESS YOU AGREE TO ALL OF THE TERMS.  Condom Sense Inc., reserves the right to amend or change the terms and conditions at any time in its sole discretion, and your use constitutes agreement to such changes.                            

TERMS OF USE AND USER AGREEMENT 

AGREEMENT BETWEEN USER AND CONDOM SENSE, INC         

Condom Sense, Inc., (hereafter "Condom Sense") located on 424 Fore Street, Portland, ME 04101, a corporation organized in the State of Maine, owns and operates this website, www.qualitycondoms.com.   References in this Agreement to "you" mean a person or persons accessing or using this site for any purpose.  

I. USER REPRESENTATIONS, AGE AND CONSENT: By accessing, viewing or ordering from www.qualitycondoms.com., you acknowledge the following: 

  1. You are 18 years of age or older.
  2. The services you access, the information you view, and the products you order are not in any way unlawful in your state, province, country, municipality, or other jurisdiction. You except full responsibility in assuring no laws within your community, legal jurisdiction, and state prevent the possession, shipment, or purchase of products from the Condom Sense, Inc. or any of its suppliers.
  3. You consent to view what may be considered sexually explicit materials and are not offended by such material. By consenting to view sexually explicit material, you waive any future right to take legal action against Condom Sense, Inc. based on your accessing this material.
  4. You agree not to distribute information you receive from this website to those under the age of 18 or those who would be violating the law by accessing such material in their jurisdiction.  
  5. You are buying for your own use and not for resale.
  6. You have provided accurate, true, current and complete information about yourself as prompted on the site. Your billing information provided is the name, address and phone number your credit card bank has on file for you.
  7. You will not use this website for any purpose that is unlawful, prohibited by the terms or improper and will act in good faith in your relationship with Condom Sense.
  8. Condom Sense may in its sole discretion immediately and without notice deny you access to this site and/or refuse to sell you any product.   

II. COPYRIGHT AND OWNERSHIP: 

This Site is owned and operated by Condom Sense.  Unless stated otherwise, all of the contentcontained on this Site (including, but not limited to, text, some images, descriptions and designs) is the intellectual property of Condom Sense. No material from this website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of Condom Sense’s copyright and/or other proprietary rights. The use of any materials from this website on any other website or networked computer environment is prohibited.  

Condom Sense, Inc and www.qualitycondoms.com logos may not be used in any way without prior written consent. You may not use our logos as a "hot" link to any other site unless the establishment of such a link is approved by Condom Sense, Inc. in advance and in writing.Users of this website are permitted to download one copy of the information in this site for personal, noncommercial use only. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this website or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person.  

III. USE OF INFORMATION PROVIDED- NOT MEDICAL OR LEGAL ADVICE: 

The information, services and products on this site are not intended to replace consultation with a healthcare provider, mental health professional or lawyer. The information on this site should not be relied upon to diagnose or treat any ailment or condition or to answer any legal question. Questions or concerns should be referred to an appropriate professional in the healthcare, mental health or legal field.  

IV. LIABILITY LIMITATION & DISCLAIMER OF WARRANTIES: 

IN NO EVENT SHALL CONDOM SENSE, INC, ITS DIRECTORS, OFFICERS, AGENTS,EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES WHATSOEVER.  CONDOM SENSE, INC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE. THE COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.   ALL INFORMATION, MATERIALS AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF ANY ASPECT OF THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES IS NOT ACCEPTABLE TO YOU, YOU SHOULD NOT USE THIS SITE FOR ANY PURPOSE AND SHOULD NOT PURCHASE ANY PRODUCTS FROM CONDUM SENSE.  YOUR USE OF THIS WEB SITE FOR ANY REASON, INCLUDING BUT NOT LIMITED TO THE PURCHASE OF PRODUCTS FROM CONDUM SENSE, SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS.   

V. INDEMNITY:

You agree to indemnify, defend and hold Condom Sense, its directors, officers, agents, affiliates,suppliers and employees harmless from any and all claims, losses, damages, liabilities, costs and expenses (including attorney's fees) which arise out of, are connected with or directly relate to your use of this website, the products obtained through the site or any violation of this Agreement.

VI. PRODUCT REPRESENTATION and DESCRIPTIONS: 

Products are described and represented as accurately as possible so users/customers understand the products they are viewing and purchasing.   No guarantee is made regarding color representation as color may vary due to computer monitors, software, hardware and Internet connections.  In the event of a typographical error, pictorial error, technical error or other inaccuracy, Condom Sense reserves the right to make improvements, corrections or changes without notice. Product descriptions are provided using information provided by the manufacturer or licensed distributor. Condom Sense is not responsible for manufacturer changes such as changes to formulation or packaging. Changes will be made on the website as information is made available to Condom Sense by the manufacturer or distributor. Condom Sense, Inc. reserves the right to change pricing without notice.  

VII. LINKS TO OTHER WEB SITES:

This site may contain links to websites operated by persons or entities other than Condom Sense.The links are provided as a resource only. Condom Sense does not control the websites is not responsible for the content on such websites. By offering links, Condom Sense, Inc. is not implying that it endorses anything contained on those websites or has any association with the operators of the websites.

VIII. RELATIONSHIP BETWEEN CONDOM SENSE AND USER:

There is no confidential, fiduciary, contractually implied or other relationship created between you and Condom Sense, other than as expressly stated in this Agreement.  

IX. PROHIBITED ACTIVITIES:

You agree not to use the website to: 

  1. Violate any applicable local, state, national or international law or regulation;
  2. Interfere with the operation of the website or any servers or networks connected to the website service or disrupt any other user's enjoyment of the site of any affiliated or linked sites.
  3. Upload, post, transmit or otherwise use, store or collect:  (i)  any material containing viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, or surreptitiously intercept or expropriate any system, data or personal information;   (ii)  any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;  (iii) any meta tags or other hidden text using our name, trademark or product name, or frame any content without our express written consent;  (iv)  personal data about other users;  (v) any communication or material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, that infringes any copyright, trademark, trade secret, patent or other proprietary right, disruptive to the site, harmful to minors, hateful, or racially, ethnically or otherwise objectionable; 

X. INTERNATIONAL USERS:

This website is controlled, operated and administered from offices within the United States of America. Condom Sense makes no representation that materials at this site are appropriate or available for use at locations outside of the United States, and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the content in violation of any applicable laws and regulations. If you access this site from a location outside of the United States, you are responsible for compliance with all local laws.   Condom Sense does not sell or ship product outside of the United States.

XI. GENERAL:

This Agreement represents the complete agreement between the parties and supersedes anyand all prior agreements and representations between them, if any. Headings used in these Terms of Use and User Agreement are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Condom Sense to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Condom Sense's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Maine law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought exclusively in state or federal courts located in Cumberland County, Maine, and you consent to the exclusive personal jurisdiction of such courts.   

CONDOM SENSE, INC. 424 Fore Street, Portland, Maine 04101

© 2010 CS Boutique, Inc. All Rights Reserved.