Welcome to the Man Cave Metal (“Man Cave Metal”). This Agreement applies to all of the websites where it is posted (collectively “Man Cave Metal Sites”). By using one of the Man Cave Metal Sites, you accept this Agreement and certify that you are above the age of majority in your jurisdiction. Additional terms and conditions apply to some services offered on the Man Cave Metal Sites and may be found at the place where the relevant service is offered.
We may change the terms of this Agreement from time to time. By continuing to use any of the Man Cave Metal Sites after we post any such changes, you accept the Agreement, as modified.
USE OF THE MAN CAVE METAL SITES
You certify that the information you provide on the Man Cave Metal Sites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify Man Cave Metal immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Man Cave Metal Sites, or any portion of the Man Cave Metal Sites, at any time without notice.
Man Cave Metal and its affiliates have no liability to you for content on the Man Cave Metal Sites that you find offensive, indecent, or objectionable. We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Man Cave Metal Sites only with involvement of a parent or guardian. Individuals may use the Man Cave Metal Sites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
You are prohibited from:
Violating or attempting to violate the security of the Man Cave Metal Sites;
Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Man Cave Metal Sites; or
Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by Man Cave Metal or other third party web browsers) to navigate or search the Man Cave Metal Sites.
Man Cave Metal allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Man Cave Metal Sites (“Content”). Content should be written in English.
By submitting Content, you warrant that (1) you are the sole author and owner of the Content; (2) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (3) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
License Grant for Submitted Content
If you make any submission to the Man Cave Metal Sites, you automatically grant, or warrant that the owner of such content has expressly granted Man Cave Metal, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. Man Cave Metal may sublicense its rights through multiple tiers of sublicenses. You should not submit any Content to us that you do not wish to license to us. Man Cave Metal is and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay any compensation for any Content; or (3) to respond to any user Content. You grant Man Cave Metal the right to use the name that you submit in connection with any Content.
You represent and warrant that you will not submit the following Content:
a) Content that is false, inaccurate, or misleading;
b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
c) Content that violates any local, state, federal, or international laws;
d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Man Cave Metal in its sole discretion;
f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from Man Cave Metal;
g) Chain letters or pyramid schemes;
h) Content that impersonates another business, person or entity, including Man Cave Metal, its related entities, employees and agents;
i) Content that contains viruses or other harmful computer code;
j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
k) Content that you were compensated or granted any compensation by any third party unless otherwise authorized by
Man Cave Metal art in writing; or
l) Content that violates any policy posted on the Man Cave Metal Sites, or interferes with the use of the Man Cave Metal Sites by others.
Although Man Cave Metal cannot monitor all Content, you understand that Man Cave Metal shall have the right, but not the obligation, to monitor the Content of the Man Cave Metal Sites to determine compliance with this Agreement and any other operating rules that may be established by Man Cave Metal from time to time. Man Cave Metal shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Man Cave Metal Sites for any reason, including violation of this Agreement, whether for legal or other reasons. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify Man Cave Metal and its affiliates for all claims resulting from any Content you submit.
THIRD PARTY SITES
References on Man Cave Metal Sites to any names, marks, products, or services of third parties, or links
to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. Man Cave Metal is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a Man Cave Metal Site is at your own risk and will be governed by such third party’s terms and policies.
ORDER ACCEPTANCE AND BILLING
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Man Cave Metal may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped. Some other exceptions when you will be charged at the time your order is placed are: (i) orders or preorders paid for with a Gift Card, eGift Card or PayPal account; and
Man Cave Metal reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. We will the notify customer should such limits be applied. Man Cave Metal also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any product(s) from Man Cave Metal for the purpose of engaging in a commercial sale of that same product(s) with a third party.
Man Cave Metal cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Man Cave Metal Sites or through Man Cave Metal Marketplace retailers. Man Cave Metal reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Man Cave Metal. Man Cave Metal may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the Man Cave Metal Sites or from prices available in Man Cave Metal stores or on Man Cave Metal mobile applications (pricing and availability remain subject to confirmation at checkout for mobile users).
It is important to note the following: (i) our physical stores do not honor Internet prices or competitor advertisements from outside of a physical store’s local trade territory; and (ii) our mancavemetalpf.com e-commerce site does not price match with any other online or offline retailer.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
SHIPPING AND DELIVERY
Delivery of items purchased from the Man Cave Metal Sites to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Some items are available for pick up at physical store locations. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items.
INFORMATION PROVIDED ON THE MAN CAVE METAL SITES
Man Cave Metal and our customers post a variety of material on the Man Cave Metal Sites including without limitation, merchandise information, product descriptions, reviews, comments, and In Store Now information (collectively, “Materials”). The Materials that appear on the Man Cave Metal Sites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Man Cave Metal Sites, you should confirm any facts that are important to your decision. Man Cave Metal and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the information on the Man Cave Metal Sites. Man Cave Metal is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Man Cave Metal Sites may be different from the information contained in the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return
MAN CAVE METAL, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE MAN CAVE METAL SITES.
You acknowledge that some goods licensed or sold on the Man Cave Metal Sites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Man Cave Metal Sites, you agree to abide by the applicable laws, rules, and regulations and you agree, represent and warrant that no Man Cave Metal Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by Man Cave Metal, one of its affiliates or by third parties who have licensed their materials to Man Cave Metal and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Man Cave Metal Sites for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Man Cave Metal Sites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Man Cave Metal Sites or any related software. All software used on the Man Cave Metal Sites is the property of Man Cave Metal or its suppliers and protected by U.S. and international copyright laws. The IP and software on the Man Cave Metal Sites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Man Cave Metal Sites is the exclusive property of Man Cave Metal and is also protected by U.S. and international copyright laws.
Man Cave Metal, the Man Cave Metal.com names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Man Cave Metal Sites are trademarks or trade dress of Man Cave Metal in the U.S. and other countries. All other marks are the property of their respective companies.
TERMS APPLICABLE TO MAN CAVE METAL
Man Cave Metal
Once you have placed an order on the Man Cave Metal site we will send you an order acknowledgment by email setting out what you have ordered. This is not an order confirmation or acceptance from us.
There is no minimum order value, which may change from time to time. In addition to the price of goods, a delivery charge as shown at checkout will also be payable by you. All prices quoted are exclusive of tax and you will see estimated taxes and fees when you place the order. The final taxes and fees will be calculated on the day your order is picked and delivered. In the event your order must be fulfilled using products of different weight or volume than what you ordered, you will be charged only for the actual weight or volume delivered.
You can cancel or amend your order at any time by emailing the Man Cave Metal Contact Center at email@example.com. Due to shipment and delivery times, there are limitations on when changes or cancellations to orders can be made
Man Cave Metal may provide you with a refund in certain circumstances. If you are not satisfied with your order, please contact the Man Cave Metal Contact Center by email at firstname.lastname@example.org.
In order to be eligible for a refund, you must:
Contact the Man Cave Metal Contact Center within thirty (30) days of date on which you received your order;
Store the received items in the manner appropriate to the type of goods; and
Return the canceled items to us in the same condition as they were delivered to you.
Man Cave Metal will not provide you a refund for certain goods which by nature cannot be returned. Such items include items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewelry, mattresses, bedding, certain items of clothing, personal grooming products, medicines, and certain baby products etc.).
Notwithstanding the foregoing, all refunds will be subject to Man Cave Metal’s discretion.
Man Cave Metal Pre-Authorization Procedure
For your protection and security, and in order to verify your payment card details provided, we will contact your card issuer on the day you place your order to request a pre-authorization of either $0.00 or $1.00. We will verify your card for this amount each time you amend your order. This pre-authorization is NOT a charge to your card and will not be billed to you. Your card issuer may hold this amount for a short period, but this will never be taken from your account. On the evening before delivery, we will request another pre-authorization for the full order amount in addition to this amount pre-authorization. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction. You will only be charged for items once they are delivered. In a small number of cases, some card issuers may hold the full pre-authorization amount for a limited time (usually 3-10 days).
Man Cave Metal Delivery
We aim to deliver your goods within the delivery window you selected when placing your order, but do not guarantee that goods will be delivered on or by a certain date. Man Cave Metal will not be liable for delivering the goods outside of the requested delivery slot or failing to deliver all or any of the goods in your order.
Man Cave Metal Pricing
Pricing for Man Cave Metal items will be the same prices as if you shopped in the store that packs and delivers the items. If an item’s price changes between the time you place your order and the day your order is packed for delivery, we will charge you the lower price. If you have chosen to allow substitutions for your order, and substitutions are made, you will also be charged for the lower priced item. Please note that due to differences in distribution, regional competition, and other factors, prices may vary between stores, and so the prices you see online will not match all stores, only the store where your order is packed. Man Cave Metal does not match prices from other online or physical stores, or Man Cave Metal stores other than the one where your items are picked and packed.
We have made significant efforts to accurately display the colors of products that appear on the Man Cave Metal Sites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish.
You agree to defend, indemnify, and hold harmless Man Cave Metal and its affiliates from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Man Cave Metal Sites or any breach by you of this Agreement.
This Agreement is effective unless and until terminated by either you or Man Cave Metal. You may terminate this Agreement at any time, provided that you discontinue any further use of the Man Cave Metal Sites. Man Cave Metal also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Man Cave Metal Sites, if in Man Cave Metal’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Man Cave Metal, you must promptly destroy all materials downloaded or otherwise obtained from the Man Cave Metal Sites, as well as all copies of such materials, whether made under this Agreement or otherwise. The following sections shall survive any termination of this Agreement: “Use of the Man Cave Metal Sites,” “Content Submission,” “Order Acceptance and Billing,” “Pricing Information,” “Information Provided on the Man Cave Metal Sites,” “Export Policy,” “Intellectual Property,” “Indemnification,” “Termination,” “Disclaimer,” “Limitation of Liability,” “Privacy,” and “General.”
THIS SITE IS PROVIDED BY MAN CAVE METAL ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAN CAVE METAL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MAN CAVE METAL SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE MAN CAVE METAL SITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAN CAVE METAL 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, MAN CAVE METAL DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE MAN CAVE METAL SITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE MAN CAVE METAL SITES, THAT YOUR USE OF THE MAN CAVE METAL SITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL MAN CAVE METAL OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE MAN CAVE METAL SITES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF MAN CAVE METAL HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL MAN CAVE METAL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE MAN CAVE METAL SITES DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this 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 Man Cave Metal to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Man Cave Metal’s rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under California law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of the Man Cave Metal Sites must be brought in the state or federal courts of Tennessee and you consent to the exclusive personal jurisdiction of such courts.
PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Man Cave Metal Sites in a way that constitutes copyright infringement, please see our DMCA Procedure for instructions on how to contact us to report possible copyright infringement.
Last updated on June 27th, 2017
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