Terms & Conditions
This Internet Web Site ("Web Site") is provided by Cosmi Finance, LLC ("ValuSoft Cosmi"). Your use of this Web Site is subject to the following terms and conditions. If you do not agree to the terms stated below, please immediately log off this Web Site. By your continued access or use of the Web Site you agree to be legally bound by the terms and conditions set forth herein.
Use of This Website
The Web Site is subject to United States as well as applicable international copyright law and is owned by Cosmi Finance, LLC., and its licensors. ValuSoft Cosmi 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 Cosmi. 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. Any unauthorized use of the images contained on the Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or other intellectual property right. Any other copying, redistribution, publication, retransmission of any portion of Web Site, or any other exploitation of this Web Site for commercial purposes is strictly prohibited without the express written permission of ValuSoft Cosmi. You may not modify, decompile, disassemble, decrypt, extract or otherwise reverse engineer the Web Site, or create derivative works based upon all or part of the Web Site. No right, title, or interest to any trademarks or trade names of ValuSoft Cosmi or its licensors is granted to you. 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 the Web Site without express written consent. You may not use any meta tags or any other "hidden text" utilizing ValuSoft Cosmi's name or trademarks without the express written consent of ValuSoft Cosmi. Any unauthorized use terminates the permission or license granted by ValuSoft Cosmi. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Cosmi so long as the link does not portray ValuSoft Cosmi or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ValuSoft Cosmi logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Communications To and Through the Web Site
Disclaimer and Limited Liability
This Web Site, including materials accessed from or through it may include technical inaccuracies or other errors. Your use and browsing of the Web Site is at your risk. Neither ValuSoft Cosmi nor any other party involved in creating, producing, or delivering the Web Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. ValuSoft Cosmi does not warrant that the functional aspects of the Web Site will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. ValuSoft Cosmi neither warrants nor represents that your use of materials displayed on the Web Site will not infringe rights of third parties not owned by or affiliated with ValuSoft Cosmi. You also understand that ValuSoft Cosmi cannot and does not guarantee or warrant that Web Site, files or software of any kind, or from any source, available for downloading through the Web Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of lost data. You understand that, except for information, products, or services clearly identified as being supplied by ValuSoft Cosmi, ValuSoft Cosmi does not operate, control or endorse any information, products, or services on the Web Site in any way. Except for ValuSoft Cosmi identified information, products or services, any other information, products and services offered on the Web Site are offered by third parties that are not affiliated with ValuSoft Cosmi. ValuSoft Cosmi may allow you to link from the Web Site to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; ValuSoft Cosmi shall have no liability for any transaction you enter with a third party accessed through the Web Site. ValuSoft Cosmi makes no representations or warranties regarding the creation or content you post. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. ValuSoft Cosmi reserves the right to make changes to this Web Site at any time without notice. COSMI may cancel, change, modify, discontinue, terminate, or charge a fee at any time for any reason for the online services or products available in conjunction with this Web Site without notice at ValuSoft Cosmi's sole discretion. IN NO EVENT WILL ValuSoft Cosmi OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDERT ANY THEORY OF LIABILITY. IN NO EVENT WILL VALUSOFT COSMI'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEB SITE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS WILL BE INCORPORATED INTO THE WEB SITE AND/OR THE PRODUCTS AND VALUSOFT COSMI MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE WEB SITE AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB SITE AND/OR THE PRODUCTS. VALUSOFT COSMI DOES NOT WARRANT THAT THE WEB SITE AND ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. If you are dissatisfied with the Web Site or with any terms, conditions, rules, policies, guidelines or practices of using the Web Site, your sole remedy is to discontinue using the Web Site.
Risk of Loss
All items purchased from ValuSoft Cosmi are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
ValuSoft Cosmi attempts to be as accurate as possible. However, ValuSoft Cosmi does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ValuSoft Cosmi itself is not as described, your sole remedy is to return it in unused condition.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ValuSoft Cosmi does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Web Site only with involvement of a parent or guardian. ValuSoft Cosmi reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
ValuSoft Cosmi has not reviewed all of the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by ValuSoft Cosmi of the sites. Your linking to any other off-site pages or other sites is at your own risk.
ValuSoft Cosmi may revise these Terms & Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. You agree to periodically review this Agreement and be bound by any such future modifications. ValuSoft Cosmi controls and operates this Web Site from its offices in Westminster, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. ValuSoft Cosmi products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Web Site shall take place in a court located in Los Angeles, California. By your use of this Web Site you consent to the personal jurisdiction of such courts.