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It's our BIRTHDAY!  We're offering 20% off EVERYTHING. Enter this code at check out BIRTHDAY3 Not valid with other offers or past orders

TERMS OF USE

This website, located at www.ashburyskies.com or any of our affiliated sites (collectively, the "Site"), is provided by Ashbury Skies, Inc. (“Ashbury Skies”,” "we," "our," or "us") to the person accessing this Site ("you," "your").

1. You Agree to These Terms by Using this Site

Your access to, and use of, this Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you accept, without limitation or qualification, these Terms of Use. Ashbury Skies may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms of Use. You may not modify these Terms of Use except in a writing signed by Ashbury Skies. If you do not agree and accept, without limitation or qualification, these Terms of Use, you must exit the site immediately.

2. Permitted Use of the Site; Termination

The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Ashbury Skies or its services and products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.

You agree that Ashbury Skies may, without cause or prior notice, and without liability to you or any third party, immediately terminate your Ashbury Skies account, any associated email address, any accumulated rewards or virtual currency, and access to your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your account may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Ashbury Skies may have at law or in equity.

Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) technical or security issues or problems, (f) inactivity, (g) engagement by you in fraudulent or illegal activities, (h) nonpayment of any fees owed by you in connection with the Site, and/or (i) no cause at all.

Termination of your Ashbury Skies account includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your account (or any part thereof), and (c) barring of further use of your account. Further, you agree that all terminations for cause shall be made in Ashbury Skies’ sole discretion and that Ashbury Skies shall not be liable to you or any third party for any termination of your account, any associated email address, or access to your account.

You may terminate your account, this Agreement, and your right to use your account at any time and for any reason or no reason, by contacting us at: support@ashburyskies.com.

3. User Submitted Content

The Site may, from time to time offer interactive features that allow users to submit content to the Site. Ashbury Skies does not and cannot review all such content, and is not responsible for such content.

You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Ashbury Skies is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, (b) you hereby waive any moral rights you may have in such user generated content, (c) and all such content is true and accurate. In any event, Ashbury Skies reserves the right to block or remove communications or materials that it determines to be unacceptable to Ashbury Skies in its sole discretion.

By submitting any user-generated content, you hereby grant Ashbury Skies a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. All content that you submit may be used at Ashbury Skies’ sole discretion without any obligation of confidentiality.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Ashbury Skies employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party or which may otherwise give rise to liability or violate any law.

4. Interaction with other Users

You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Ashbury Skies (and Ashbury Skies' officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

5. Notice; Electronic Communications

When you visit this site or send e-mails to Ashbury Skies, 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.

6. Privacy

Ashbury Skies' Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or e-mail address) you transmit to the Site by electronic mail or otherwise will be used by Ashbury Skies is in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary.

7. Practices; Typographical Errors; Colors

You acknowledge that Ashbury Skies may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by an account, the maximum size of any email message that may be sent from or received by an account, the maximum disk space that will be allotted on Ashbury Skies' servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your account in a given period of time. You agree that Ashbury Skies has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that Ashbury Skies reserves the right to log off, delete, or disable accounts that are inactive for an extended period of time. You further acknowledge that Ashbury Skies reserves the right to modify these general practices and limits from time to time.

In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Ashbury Skies reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Ashbury Skies shall issue a credit to your credit card account in the amount of the incorrect price.

The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Ashbury Skies makes no guarantees that any actual colors of products or features will be true or accurate.

8. Disclaimer - Warranty

This site, its content, materials and products on this site are provided "as is." To the fullest extent permissible pursuant to applicable law, ASHBURY SKIES HEREBY disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

Ashbury Skies does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Ashbury Skies does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless Ashbury Skies, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

10. Limitations of Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER ASHBURY SKIES, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

11. Third-Party Links

In an attempt to provide increased value to our visitors, Ashbury Skies may link to sites operated by third parties. However, even if the third party is affiliated with Ashbury Skies, Ashbury Skies has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of Ashbury Skies. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, Ashbury Skies specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

Ashbury Skies does not endorse the content, or any products or services available, on such sites. Nonetheless, Ashbury Skies seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

12. Trademarks

The following trademarks are our property: Ashbury Skies, Every Revolutions Leaves a Footprint. These marks may not be used without our consent on any product or service, except our own.

13. Copyright

Copyright © 2011, Ashbury Skies, Inc.. ALL RIGHTS RESERVED.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ashbury Skies 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 Ashbury Skies and protected by U.S. and international copyright laws. All software used on this site is the property of Ashbury Skies or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

14. Copyright Complaints

Ashbury Skies respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at customerservice@ashburyskies.com.

15. Export Control

Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

Ashbury Skies does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.

16. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of California, without regard to its choice of law provisions. The courts of general jurisdiction located within Santa Clara County in California, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.

17. Assignment

Ashbury Skies may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

18. Questions and feedback

We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to support@ashburyskies.com.

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