Terms Of Use

Acceptance of Terms

The services, products, or any content that The 404 Store provides to you are subject to the following Terms of Use ("TOU"). The 404 Store reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages.

Overview

The following are terms of a legal agreement between you and The 404 Store. By accessing, browsing, or using this Web site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use this Web site.

The 404 Store may, without notice to you, at any time revise these Terms of Use and any other information contained in this Web site by updating this posting. The 404 Store may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

General

This site and all content in this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used for the creation of derivative works without The 404 Store's prior written consent, except that The 404 Store grants you non-exclusive, non-transferable, limited permission to access and display the Web pages within this site, solely on your computer and for your use of this Web site. This permission is conditioned on your not modifying the content displayed on this site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

Your failure to comply with the terms, conditions, and notices on this site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraph, The 404 Store does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Web site or in any other media, accept where allowed social sharable content is posted on products, I.E. Facebook, Twitter, Google+, Pinterest.

Basic Terms

You must be at least 18 years old to use The 404 Store.

You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, The 404 Store prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to The 404 Store upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.

You are responsible for keeping your password secret and secure.

You may not use The 404 Store for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of The 404 Store including but not limited to, copyright laws.

You must not use domain names or web URLs in your username without prior written consent from The 404 Store.

You must not interfere or disrupt the The 404 Store or servers or networks connected to the The 404 Store, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any The 404 Store page is rendered or displayed in a user's browser or device.

You must not create accounts with The 404 Store through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.

You must not attempt to restrict another user from using The 404 Store and you must not encourage or facilitate violations of these Terms of Use or any other The 404 Store terms.

Violation of these Terms of Use may, in The 404 Store’s sole discretion, result in termination of your The 404 Store account. 

Privacy and Protection of Personal Information

Simple. We do not send you spam. We do not give out your information to any marketers!

Certain disclaimers

Information on this Web site is not promised or guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. The 404 Store assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Linking to this site

All links to this Web site must be approved in writing by The 404 Store, except that The 404 Store consents to links in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b) misrepresent your relationship with The 404 Store; (c) imply that The 404 Store approves or endorses you, your Web site, or your service or product offerings; and (d) present false or misleading impressions about The 404 Store or otherwise damage the goodwill associated with the The 404 Store name or trademarks. As a further condition to being permitted to link to this site, you agree that The 404 Store may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease using any The 404 Store trademark.

Translations

Certain text in this Web site may be made available in languages other than English. Text may be translated by a person or solely by computer software with no human intervention or review. These translations are provided as a convenience to you, and The 404 Store makes no representations or commitments regarding the accuracy or completeness of the translation, whether or not computer-generated or performed by a person. Please see the below Disclaimer of Warranty for additional conditions.

Disclaimer of warranty

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. The 404 Store expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, The 404 Store makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free.

You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

Limitation of Liability

In no event will The 404 Store be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from this web site or any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without limitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if The 404 Store is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Indemnification

You (and also any third party for whom you operate an account or activity on The 404 Store) agree to defend (at The 404 Store's request), indemnify and hold the The 404 Store harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on The 404 Store or those conducted on your behalf): (i) your Content or your access to or use of The 404 Store; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by The 404 Store in the defense of any claim. The 404 Store reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The 404 Store.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with The 404 Store exclusively in a state or federal court located in Festus, Missouri, and to submit to the personal jurisdiction of the courts located in Jefferson County Missouri for the purpose of litigating all such disputes.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. The 404 Store's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. The 404 Store reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with The 404 Store.

Entire Agreement

If you are using The 404 Store on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and The 404 Store and governs your use of The 404 Store, superseding any prior agreements between you and The 404 Store. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of The 404 Store. Any purported assignment or delegation by you without the appropriate prior written consent of The 404 Store will be null and void. The 404 Store may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within The 404 Store is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject The 404 Store to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of The 404 Store or any portion of The 404 Store, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that The 404 Store provides.

Software related to or made available by The 404 Store may be subject to United States export controls. Thus, no software from The 404 Store may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to The 404 Store, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

The effective date of these Terms of Use is January 26, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.