Welcome to the 1StopDistribution.com Site, which is located at www.1stopdistribution.com (the "Site"). The following Terms of Service ("TOS") contain the terms and conditions that govern your use of the Site and 1 Stop Distribution (as defined below). Purchase of any product or service on the Site constitutes your agreement to and acceptance of all the TOS. 1 Stop Distribution, L.L.C., along with our licensees and assignees referred in this Agreement as “us” and “we” and “1 Stop”) reserves the right to add to, delete or change these TOS because of frequent changes in Internet technology and applicable law. As such, you should check these TOS from time to time for such changes.
1. 1 Stop Distribution Service. 1 Stop provides a Internet-based services and products through the Site (all such services, collectively, the "1 Stop Service" and “Products”). CD Baby users may create and purchase individual Products for their own use or sell Products through the Site. 1 Stop allows all Users to browse the Site and purchase Products from the Site. 1 Stop may offer a number of other services and products on its Site, such as forums, blogs, contests, and newsletters, which may change from time to time.
2. Use of the Site and 1 Stop Service.
(a) Eligibility. 1 Stop will only knowingly provide the 1 Stop Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the 1 Stop Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The 1 Stop Service is not intended for children under the age of 13.
(b) Compliance With TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the 1 Stop Service and the Site.
(c) Your License to Use the Site and the 1 Stop Service.
(1) 1 Stop and its licensors solely and exclusively owns all intellectual property and other rights, titles and interest in and to the 1 Stop Service and Site, except as expressly provided for in these TOS. You will not acquire any right, title or interest therein under these TOS or otherwise.
(2) 1 Stop grants you a limited revocable license to access and use the Site and the 1 Stop Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Site for purposes prohibited by 1 Stop; create derivative works based on the Products or any third party content available via the Site; or download or copy the Site (other than page caching). If you use the Site in a manner that exceeds the scope of this license or breach this TOS, 1 Stop may revoke the license granted to you.
(d) Third-Party Services. 1 Stop has no “Third-Party Service.
3. Rules For Use Of the Site.
(a) Prohibited Use. Except as may be expressly permitted by 1 Stop, you may not: (i) interfere with the 1 Stop Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the 1 Stop Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the 1 Stop Service; (v) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain 1 Stop’s name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the 1 Stop Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by these TOS.
(b) Privacy Statement. By entering into these TOS, you agree to 1 Stop’s collection, use and disclosure of your personal information in accordance with the 1 Stop Privacy Statement, found here: http://www.1stopdistribution.com/store/cart.php?target=help&mode=privacy_statement
(c) Ordering Products. If you purchase Products, you agree to do so in accordance with 1 Stop’s Customer Bill of Rights below. Title to Products that you buy will pass to you upon delivery of the Products to the common carrier.
* If you need to cancel your order, contact Customer Service by email: info@1stopdistribution.com or by phone at 713-807-STOP (7867). Our service hours are from 9:00am CST to 5:00pm CST Monday through Friday. Please include the order number of the item that you would like to cancel. If you’ve already completed an order and wish to add a new item to that order, you’ll need to cancel that order and place a new order. Please note that if your order has already been processed, you may not be able to cancel it or modify it.
* If you’d prefer to order the Product over the phone, you can call us at 713-807-STOP (7867). Our service hours are from 9:00am CST to 5:00pm CST Monday through Friday.
(d) Monitoring. 1 Stop reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Site. If 1 Stop determines, in its sole and absolute discretion, that you or another 1 Stop user will breach a term or condition of these TOS or that such transaction or communication is inappropriate, 1 Stop may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you.
(e) Modification of the Service. 1 Stop may modify the 1 Stop Service at any time with or without notice to you, and will incur no liability for doing so.
4. Submissions. When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant 1 Stop permission to use such submissions for marketing and other promotional purposes. You agree that 1 Stop will have no obligation to keep any Submissions confidential and you will not bring a claim against 1 Stop based on "moral rights" or the like arising from 1 Stop’s use of a Submission.
5. Representations and Warranties.
(a) Mutual Representations and Warranties. You represent and warrant to 1 Stop and 1 Stop represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these TOS, (ii) the execution and performance of your or its obligations under these TOS do not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these TOS are a legal, valid and binding obligation of the party entering into these TOS, enforceable in accordance with their terms and conditions.
9. Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to 1 Stop, you must use the following addresses: 1 Stop Distribution, 1716 Blodgett St. – Houston, Texas 77004 or info@1stopdistribution.com. If 1 Stop provides notice to you, 1 Stop will use the contact information provided by you to 1 Stop. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non- delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
10. Dispute Resolution. All disputes arising out of, relating to or connected with these TOS or your use of any part of the 1 Stop Service will be exclusively resolved under confidential binding arbitration held in Harris County, Texas before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS will be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Harris County, Texas, and each party hereby irrevocably submits to the personal jurisdiction of such court. By entering into these TOS, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claim arising out of, relating to or connected with these TOS or your use of any part of the CD Baby Service must be asserted individually.
11. Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of 1 Stop. These TOS (including all of the policies and other Agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and 1 Stop are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect.
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