Introduction

Welcome to Porcupine73.com.  Please review the following basic rules that govern your use of the Porcupine73.com site. (the "Agreement"). Please note that your use of the Porcupine73.com site constitutes your unconditional agreement to follow and be bound by these Terms of Use. Porcupine73.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at Porcupine73.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Porcupine73.com service (e.g., Your Profile, Forums, Auctions) or visit or purchase from any business affiliated with Porcupine73.com, whether or not included in the Porcupine73.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use.  Porcupine73.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site.

Privacy

Please review our Privacy Notice, which also governs your visit to Porcupine73.com, to understand our practices.

Use of this site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older.  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. Porcupine73.com may 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 Porcupine73.com only with involvement of a parent or guardian. Porcupine73.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Porcupine73.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

All information on this site is for entertainment purposes only.  Under no circumstances should any information be construed as instructions to perform a task or to perform a task in a given manner, even if the content gives such instructions.  Examples include automotive repairs and other portions of the site.  By accessing this site, you agree to hold harmless Porcupine73.com, its affiliates, employees, associates, web hosting provider(s), users, authors, and others from any and all claims, including but not limited to, personal injury, death, injury to others, property damage, loss of use, trauma, pain and suffering, and/or loss of income and/or profit from any action or task attempted.  Moreover, work should be performed only by individuals with the proper training, education, experience, tools, information, and supplies required to do the work safely.

User Conduct

You warrant and agree that, while using the Site, you shall not:

• Upload, post or transmit to or distribute or otherwise publish through the Site any material that violates any provision of these Terms and Conditions;
• Restrict or inhibit any other User from using and enjoying the Site;
• Constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability and/or slander and/or libel;
• Impersonate, or misrepresent your affiliation with any other person or entity;
• Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material);
• Engage in spamming or flooding; or
• Attempt to gain unauthorized access to other computer systems through the Site.

Copyrights and Trademarks

The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of their respective owners.  No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

Unless otherwise noted, all Contents are copyrights, trademarks, patents, previous art, trade dress and/or other intellectual property owned, controlled or licensed by their respective owners or affiliates or by third parties who have licensed their materials and are protected by U.S. and international copyright laws.  Excepting material that is the property of others such as news articles, company information, and information in the public domain, the compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Porcupine73.com and is also protected by U.S. and international copyright laws.

Porcupine73.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Porcupine73.com's or any third party's intellectual property rights.

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Porcupine73.com's endorsement, sponsorship or recommendation of the third party, information, product or service. Porcupine73.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. 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 Contents, the Site or any related software. All software used on this Site is the property of Porcupine73.com or its suppliers and protected by U.S. and international copyright laws. The Contents and software on this Site may be used only for reference. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited.

Electronic Communications

When you visit Porcupine73.com or send e-mails to us, 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.

Reviews, Comments, Communications, Forums, and Other Content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Porcupine73.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

You further represent and warrant that any material you post does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful, and, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.

If you do post content or submit material, and unless we indicate otherwise, you grant Porcupine73.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Porcupine73.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Porcupine73.com or its affiliates or web hosting provider(s) for all claims resulting from content you supply. Porcupine73.com has the right but not the obligation to monitor and edit or remove any activity or content. Porcupine73.com takes no responsibility and assumes no liability for any content posted by you or any third party.

Users who participate in these Forums are solely responsible for the information and other content they post on and through these Forums and should be aware that when they voluntarily disclose personal information (e.g., name, e-mail address, telephone number) on or through these Forums, that such information is generally accessible to and may be collected and used by other users and visitors, and may result in unsolicited online and offline messages from such viewers.  Users are encouraged to exercise discretion when providing personal information about themselves in and through Forums.

License and Site Access

Porcupine73.com 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 Porcupine73.com. 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. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Porcupine73.com. 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 Porcupine73.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Porcupine73.com's name or trademarks without the express written consent of Porcupine73.com. Any unauthorized use terminates the permission or license granted by Porcupine73.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Porcupine73.com so long as the link does not portray Porcupine73.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Porcupine73.com logo or other proprietary graphic or trademark as part of the link without express written permission.

No Endorsement

Porcupine73.com does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor does Porcupine73.com endorse any opinions expressed by Users or others, such as responses provided in the Forum portions of the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not necessarily represent the views of Porcupine73.com, its affiliates, employees, or others.

Risk of Loss

All items purchased from Porcupine73.com 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.

Site Security

Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Porcupine73.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Porcupine73.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PORCUPINE73.COM OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PORCUPINE73.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PORCUPINE73.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PORCUPINE73.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM PORCUPINE73.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PORCUPINE73.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL PORCUPINE73.COM 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 PORCUPINE73.COM WEB SITE, 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 PORCUPINE73.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PORCUPINE73.COM BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify and hold harmless Porcupine73.com, its affiliates and web hosting provider(s) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Applicable Law

By visiting Porcupine73.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Porcupine73.com or its affiliates.

We control and operate this Site from the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Site Policies, Modification, and Severability

We may change these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site. We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, content, features or hours of availability. By using the Site following any modifications to the Terms and Conditions, you agree to be bound by any such modifications to the Terms and Conditions. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Porcupine73.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use 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 Porcupine73.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Porcupine73.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under New York law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.

Digital Millennium Copyright Act (DMCA) Notice - Procedure for Making and Responding to Claims of Copyright Infringement

It is the policy of Porcupine73.com to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.

Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to the Porcupine73.com Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to Porcupine73.com's Designated Agent listed below.

DMCA agent e-mail address: dmca@Porcupine73.com

To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to Porcupine73.com's Designated Agent that includes the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Porcupine73.com to locate the material;
• Information reasonably sufficient to permit Porcupine73.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.