Entering the Site will constitute your acceptance of these Terms and Conditions. If you do not agree to abide by these terms, please do not enter the Site.
This site is operated by Execula, LLC. We are a company incorporated in Arizona and our principal place of business is located at 3127 E Woodland Drive Phoenix AZ 85048.
Please review our Privacy and Security Policy, which also governs your visit to the Site. To the extent there is a conflict between the terms of the Privacy and Security Policy and the Terms and Conditions, the Terms and Conditions shall govern.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter “Content”), is the property of Execula or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Execula and protected by U.S. and international copyright laws. All software used on this site is the property of Execula or its software suppliers and protected by United States and international copyright laws.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part.
EXECULA and other marks which may or may not be designated on the Site by a "™" "®" "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of Execula, in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Execula. Execula’s trademarks and trade dress may not be used in connection with any product or service that is not Execula's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Execula. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Execula.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIM/NOTICE
We rely on a network of independent affiliates, subsidiaries, agents, third-party product providers, third-party Content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensor's and the like (collectively, "Associates") who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers. In accordance with the relevant U.S. and International Copyrights laws, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements. It is our policy to disable access to infringing materials, and to terminate access of repeat infringer's to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed;
- A description of where the material that you claim is infringing is located or identified on the Site,Your name, address, telephone number, and e-mail address.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to our agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
- By mail: CopyrightAgent c/o Execula LLC. 3127 E Woodland Drive Phoenix, Arizona, 85048, U.S.A
- By phone:480-628-4133
LICENSE AND SITE ACCESS
Nothing contained on the Site should be construed as granting, by implication, estoppal, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
Execula grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Execula. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Execula. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Execula without express written consent. You may not use any meta tags or any other "hidden text" utilizing Execula's name or trademarks without the express written consent of Execula. Any unauthorized use terminates the permission or license granted by Execula. You are granted a limited, revocable, and nonexclusive right to create a hyper-link to the home page of execula.com so long as the link does not portray Execula, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Execula logo or other proprietary graphic or trademark as part of the link without express written permission.
When you visit execula.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You agree to use the Site only for lawful purposes. Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "Spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Execula reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Execula or any third party. Notwithstanding the foregoing, neither Execula nor its Associates can ensure prompt removal of questionable Content after on-line posting. Accordingly, neither Execula, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
For any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "User Content"), sent, transmitted, or uploaded by you on the Site, you agree to grant (i) us and our respective contractors and business partners a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license in perpetuity to use, copy, publicly perform, digitally perform, publicly display, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution; and (ii) subject to the restrictions set forth in these Terms and Conditions, all users an irrevocable, perpetual, non-exclusive, royalty-free license and right to use such User Content for each user's personal, non-commercial use. You understand that all your User Content may be visible to, sent to, and viewed by all other users of the Site, and you expressly waive any privacy rights you may otherwise have to your User Content. You agree to allow us, if we elect in our sole discretion, to email your User Content to other users.
You are solely responsible for your User Content and for the resolution of any disputes that arise between you and any other entity or individual because of your User Content. You agree not to post, upload, or transmit any User Content that violates the intellectual property rights of any third party including: copyright, patent, trademark, trade secret, publicity or privacy rights, or any other proprietary right of any party. You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including but not limited to User Content that, in our sole discretion, (i) violates these Terms and Conditions, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
RISK OF LOSS
All items purchased from Execula are made pursuant to a shipment contract. Please see our shipping terms. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Execula attempts to be as accurate as possible. However, Execula does not warrant that product and material descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Execula itself is not as described, or the materials and fabric is not as described, your sole remedy is to return it as soon as possible in unused condition.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by Execula on an "as is" and "as available" basis, unless otherwise specified in writing. Execula makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the site, please refer to the manufacturer or associates for details.
To the full extent permissible by applicable law, Execula disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. No oral advice or written information given by Execula or its Associates shall create a warranty. Execula does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or electronic communications sent from Execula are free of viruses or other harmful components. Execula will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of Execula has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
If you access the Site from anywhere in the United States or elsewhere in the world, you agree that the laws of the State of Arizona, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Execula and/or its Associates.