Terms of Service

Introduction

This Web site and the services available on this Web site are services operated by Control Industry Inc. (“Webstore”). These Web-based services may include any one or more of the following: fan clubs; online stores for the browsing and purchasing of merchandise, concert tickets and other items; the viewing of and listening to audio and visual content via a Web site; and any other features, functionality or activities which may be available from time to time on this Web site. Such services are referred to in this document as the “Webstore Services.”

Age Requirements

In order to use the Webstore Services, you must be at least 13 years of age. If you are under 13 years-old, you may not use the Webstore Services or this Web site and you are instructed to leave this Web site. If you are between the ages of 13 through 17 years-old, you may use the Webstore Services only under the supervision and with the consent of your parent or legal guardian.

Legal Agreement Between You And Webstore

These Terms of Use constitute a legal agreement between you, the user of the Webstore Services, and Webstore. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Webstore Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Webstore Services.

Modification Of These Terms Of Use

Webstore may update or change the terms, conditions, and notices for the Webstore Services from time to time to reflect changes in the Webstore Services, changes in the law, or for other reasons as deemed necessary by Webstore, in its sole discretion. Continued access to or use of the Webstore Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Webstore Services shall be subject to the Terms of Use, as modified from time to time.

Privacy And Personal Information

You may be required to register to use the Webstore Services. To set up an account, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the Webstore Services. Webstore agrees that it will only use and/or disclose your personal information in accordance with the terms of the Webstore Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the Webstore Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.

User Account Responsibility 

If you are given a password to access the Webstore Services, you are responsible for maintaining the confidentiality of your password. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Webstore immediately of any unauthorized use of your account. Webstore is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

Third-Party Sites

This Web site may contain links to other Web sites controlled or operated by persons and companies other than Webstore ("Linked Sites"). The Linked Sites are not under the control of Webstore and Webstore is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Webstore is not responsible if the Linked Site is not working correctly. Webstore is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Webstore of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. You are solely responsible for any dealings with third parties (including advertisers) who support the Webstore Services or are identified on this Web site, including the delivery of and payment for goods and services.

Prohibited Uses

You agree that you will not: (1) use the Webstore Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Webstore Services in any manner that could damage, disable, overburden, or impair the Webstore Services or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any Webstore account, computer systems or networks associated with the Webstore Services; or (4) obtain or attempt to obtain any materials or information through the Webstore Services by any means not intentionally made available or provided for.

Purchasing & Returns Terms

Merchandise may be returned for any reason within 15 days of receipt of the order, after that only damaged or defective items may be returned. All merchandise must be in resellable condition unless damaged or defective, items cannot be returned if worn or washed. A 20% re-stocking fee applies to all returns.  Original shipping and handling costs cannot be refunded unless it is an error on Webstore’s part. To return an order, please write the reason for the return on a copy of the invoice and include it with the order. Please mail all returns to:

Control Industry Inc.
ATTN: Returns
16921 South Western Avenue, Building 300
Gardena, CA 90247 USA

Please include a phone number and/or email address so that we may contact you if necessary. For further questions, please contact us at info@controlindustry.com

Content Available on the Webstore Services

The Webstore Services and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Webstore Services (all of these things are commonly referred to as "Content") are owned exclusively by Webstore or others who have licensed their material to Webstore. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using this Webstore Services are not permitted to use the Content in any manner, except as expressly permitted. Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the Webstore Services are owned by Webstore or others who have licensed their use to Webstore. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Webstore for which money damages would be inadequate and in such event Webstore will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

Warranty Disclaimer

WEBSTORE AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE WEBSTORE SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WEBSTORE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL WEBSTORE, ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSTORE SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSTORE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE WEBSTORE SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSTORE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WEBSTORE OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSTORE SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSTORE SERVICES. In no event will Webstore's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Webstore Service.

Customer Support

Webstore may provide information about how to use the Webstore Services. If you have any questions about the Webstore Services or any problems that you would like to report, please contact us at info@controlindustry.com.

Termination And Restriction Of Access

Webstore reserves the right, in its sole discretion, to terminate your access to the Webstore Services or any portion thereof at any time, without notice. Webstore may also terminate or suspend your access to the Webstore Services for breach of this Terms of Use or inactivity. Upon termination of your Webstore account, your right to use the Webstore Services immediately ceases and all benefits associated with your membership are immediately terminated. Any cancellation or termination by you or Webstore shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination. The Webstore Services may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your subscription, if any.

General

These Terms of Use are governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Los Angeles, California, U.S.A. in all disputes arising out of or relating to the use of the Webstore Services. Webstore makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Webstore as a result of these Terms of Use or use of the Webstore Services. You may not assign these Terms of Use without the prior written consent of Webstore. Webstore may assign these Terms of Use, in whole or in part, at any time. Webstore's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Webstore's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Webstore Services or information provided to or gathered by Webstore with respect to such use. You agree to indemnify and hold Webstore, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Webstore Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy and the Terms of Use) constitute the entire agreement between you and Webstore with respect to the Webstore Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Webstore. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Intellectual Property Notices

This Web site and all of its contents: Copyright © 2020 by Control Industry Inc. or its suppliers. All rights reserved.

Control Industry Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Webstore Services, including the Web pages that are part of the Webstore Services. Except as expressly provided in these Terms of Use, the provision of the Webstore Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.