Terms and Conditions

By accessing or using any features of the site located at http://itbonlineservices.com/itbshopping/ that is operated and managed by ITB Designs (“ITB Online Shopping's Stores”, “ITB Online Shopping's”, “we” or “us”), you agree to be bound by these terms of use (collectively, “Terms of Use”). All visitors to and users of any aspects of the ITB Online Shopping's Site (collectively, users) are bound by these Terms of Use. We reserve the right to modify the Terms of Use at any time without prior notice to you. Therefore, we recommend that you read these Terms of Use carefully each time you use this Web site.

Please note that the guidelines, policies and other terms and conditions of service and use of other Web sites affiliated with ITB Online Shopping's may vary from these Terms of Use.

As a User of the ITB Online Shopping's Site you may, from time to time, post content and share it with other users, read content generated by other visitors to the ITB Online Shopping's Site and other affiliated sites, and view third party postings and reviews regarding products and services. These Terms of Use set out the legally binding terms with respect to your use of the ITB Online Shopping's Site. Please read these Terms of Use carefully. Your access to and use of the ITB Online Shopping's Site constitutes your acceptance of all the provisions of these Terms of Use. If you are unwilling to be bound by these Terms of Use, you should not access or use the ITB Online Shopping's Site.

The ITB Online Shopping's Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the ITB Online Shopping's Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register on the ITB Online Shopping's Site. 

You agree and understand that the ITB Online Shopping's Site, including any and all features available via the ITB Online Shopping's Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the ITB Online Shopping's Site implemented after your initial access to the ITB Online Shopping's Site shall be subject to these Terms of Use. We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials made available via the ITB Online Shopping's Site by any User (all such items provided by Users, collectively, “User Content”). Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms of Use, including without limitation, by removing any User Content posted in violation of these Terms of Use, terminating the registration of such violators or blocking such violators use of the ITB Online Shopping's Site. 

In order to access some features of the ITB Online Shopping's Site, you may be required to register and submit an email address and select a password (“User ID”). If you register, you agree to provide us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. For example, you may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a User ID a name subject to any rights of a person other than yourself without appropriate authorization. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in immediate termination of your account. In addition, we reserve the right to refuse registration of, or cancel a User ID in our discretion.

You shall be responsible for maintaining the confidentiality of your password, and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the ITB Online Shopping's Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.

As an additive security measure, ITB Online Shopping's recommends the following guidelines when establishing your online profile password:

Password should contain:

  • at least 8 characters
  • at least 1 uppercase letter (A-Z)
  • at least 1 lowercase letter (a-z)
  • at least 1 numeric value (0-9)

It is also a sound practice to differentiate passwords across multiple online accounts. Using the same credentials for multiple online accounts creates the potential for security breaches.

You may use the ITB Online Shopping's Site solely for your personal, non-commercial use. For example, you may use the ITB Online Shopping's Site to solicit opinions, ideas and other input from, and share ideas and opinions with, other Users, and to search the ITB Online Shopping's Site for User Content and business or product information. You may also invite people you know to join the ITB Online Shopping's Site. You acknowledge and agree that we do not control the User Content posted to the ITB Online Shopping's Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that (i) we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the ITB Online Shopping's Site, or (ii) we do not make any promises, guarantees or warranties with respect to any of the User Content or products, services, information, content or materials featured or mentioned on the ITB Online Shopping's Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the our views. You understand that, by using the ITB Online Shopping's Site, you may be exposed to User Content that is offensive, indecent or objectionable.

IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY USER CONTENT, ANY ERROR OR OMISSION IN ANY USER CONTENT, ANY CLAIM THAT ANY USER CONTENT IS DEFAMATORY, LIBELOUS OR VIOLATES ANY RIGHT OF ANY THIRD PARTY, OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY. YOU EXPRESSLY AGREE THAT YOU BEAR ANY AND ALL RISKS ASSOCIATED WITH YOUR ACCESS TO, CONTRIBUTION TO, USE OF AND/OR RELIANCE ON USER CONTENT.

The ITB Online Shopping's Site does not provide medical advice. The content on the ITB Online Shopping's Site is for informational purposes only and not a substitute for medical advice. Consult your physician or other health provider for advice or questions about your medical condition. If you need immediate medical attention, contact your physician or local emergency medical professionals without delay. 

Without limiting the generality of any other provisions of these Terms of Use, you agree you shall not (and you agree not to allow any other individual or entity to:

  • download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of the ITB Online Shopping's Site, except and to the extent expressly permitted under these Terms of Use; remove any copyright, trademark or other proprietary rights notice contained in or on the ITB Online Shopping's Site; use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the ITB Online Shopping's Site; collect any information about other Users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other Users;
  • reformat or frame any portion of any Web pages that are part of the ITB Online Shopping's Site; create user accounts by automated means or under false or fraudulent pretenses; create or transmit to other Users unsolicited electronic communications, such as “spam,” or otherwise interfere with other Users’ enjoyment of the ITB Online Shopping's Site;
  • submit to the ITB Online Shopping's Site any content that falsely states or implies that such content is sponsored or endorsed by us;
  • transmit or upload to the ITB Online Shopping's Site any item containing or embodying any virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the ITB Online Shopping's Site, any other Web site, or any computer or other device or system, or the enjoyment of the ITB Online Shopping's Site by any User;
  • use the ITB Online Shopping's Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); submit to the ITB Online Shopping's Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the ITB Online Shopping's Site to transfer or store illegal material, including any material deemed threatening or obscene; copy or store any User Content offered on the ITB Online Shopping's Site other than for your personal, non-commercial use; take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the ITB Online Shopping's Site or the IT infrastructure used to operate and make the ITB Online Shopping's Site available; use the ITB Online Shopping's Site and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or collect or store personal data about other Users in connection with the prohibited activities described in this paragraph.

Without limiting the generality of any other provisions of these Terms of Use, you agree:

  • You may not post, upload or transmit any User Content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party, or (ii) is proprietary to a third party, without such third party prior written consent.
  • You understand and agree that we do not monitor but reserve the right to review and delete any User Content for any or no reason, including User Content that, in our sole discretion, (i) violates these Terms of Use, (ii) is offensive or illegal, or (iii) may harm, violate the rights of or threaten the safety of any User and/or any other individual or entity.
  • You are solely responsible for any User Content you post, publish or display on the ITB Online Shopping's Site or transmit to Users. We reserve the right, but undertake no obligation, to monitor disputes between you and any other User, or any other entity or individual, in connection with the ITB Online Shopping's Site. You are solely responsible for the resolution of any disputes that arise between you and any other User or any other entity or individual.
  • You will post only User Content you believe in good faith to be true and accurate, and you will not post to the ITB Online Shopping's Site any User Content that is false, inaccurate, misleading or fraudulent.

If you believe any User Content or any other aspect of the ITB Online Shopping's Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address:

ITB Designs, LLC
dba/ITB Online Shopping
Corporate Office
1546 Wayland Street
San Francisco, CA 94134

Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the ITB Online Shopping's Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright at issue.

Use of the ITB Online Shopping's Site is also governed by our Privacy Policy, which we encourage you to review.

From time to time some of the Content appearing on this Website or other ITB Online Shopping's-affiliated websites may be directed at children. ITB Online Shopping's urges all parents and/or guardians to monitor and supervise their children’s use of the ITB Online Shopping's Site and the internet in general. ITB Online Shopping's use of the personal information that may be submitted by children through the ITB Online Shopping's Site is governed by the ITB Online Shopping's Children’s Online Privacy Policy.

As between you and us, the ITB Online Shopping's Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the ITB Online Shopping's Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms of Use shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.

Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the ITB Online Shopping's Site are the proprietary property of ITB Online Shopping's or our respective licensors, as applicable. None of such marks may be used in connection with any other product or service, in any manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the ITB Online Shopping's Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the ITB Online Shopping's Site without the express written permission of the trademark owner.

Nothing in these Terms of Use shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of ours.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE ITB Online Shopping's SITE, AND OF ANY USER CONTENT, INFORMATION, ADVICE, SERVICES, PRODUCTS, AND OTHER MATERIALS CONTAINED IN OR DESCRIBED ON THE ITB Online Shopping's SITE, IS ENTIRELY AT YOUR OWN RISK, AND THAT ALL SUCH INFORMATION AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE AVAILABILITY, OPERATION AND/OR USE OF THE ITB Online Shopping's SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT PROVIDED VIA THE ITB Online Shopping's SITE, AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ITB Online Shopping's SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND CONTENT ACCESSIBLE VIA THE ITB Online Shopping's SITE IS ACCURATE, COMPLETE OR CURRENT, AND WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS THEREIN OR FOR ANY ADVERSE CONSEQUENCES RESULTING FROM USE OF, INABILITY TO USE, OR RELIANCE ON ANY ASPECT OF THE ITB Online Shopping's SITE, INCLUDING BUT NOT LIMITED TO USER CONTENT AND ALL OTHER CONTENT, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ITB Online Shopping's SITE. FURTHER, WE MAKE NO REPRESENTATIONS AND WARRANTIES THAT THE ITB Online Shopping's SITE OR THE USER CONTENT WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM US OR THE ITB Online Shopping's SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

ITB Online Shopping's reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such products and/or services in your State is restricted or prohibited. In the event of a pricing error on ITB Online Shopping's.com, ITB Online Shopping's reserves the right to cancel any orders resulting from such pricing errors.

To properly serve all customers, ITB Online Shopping's reserves the right to limit quantities. In this case, only one (1) of this limited quantity item may be placed in your shopping cart. ITB Online Shopping's further reserves the right to cancel multiple orders of the limited quantity item purchased by the same KingsDiscount.com User and/or shipped to the same delivery address.

ITB Online Shopping's may display advertising prints for products sold through the ITB Online Shopping's Site. ITB Online Shopping's attempts to display the colors of the products shown on the ITB Online Shopping's Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the computer monitor used by you.

IN NO EVENT SHALL ITB Online Shopping's OR OUR RESPECTIVE AFFILIATES, OR THE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE OR IMPROPER USE OF THE ITB Online Shopping's SITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ITB Online Shopping's SITE, OR THE DISCLOSURE OR MISUSE OF ANY USER’S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. IN ANY EVENT, ITB Online Shopping's’ RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE ITB Online Shopping's SITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE ITB Online Shopping's SITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

You agree to indemnify and hold ITB Online Shopping's and our respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the ITB Online Shopping's Site, (ii) your use of the ITB Online Shopping's Site, (iii) any User Content posted, uploaded or transmitted by you, (iv) your use or distribution of any User Content, (v) your violation of these Terms of Use, (vi) any use of your User ID or password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or User ID or password, of any intellectual property or other right of any person or entity.

We may display on the ITB Online Shopping's Site advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE ITB Online Shopping's SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE.

At this time, ITB Online Shopping's ships merchandise only to locations within the 50 United States. ITB Online Shopping's does not ship merchandise to Puerto Rico, Guam, the US Virgin Islands or any international locations.

The risk of loss and title for all merchandise ordered on this Website pass to you when the merchandise is delivered to the shipping carrier. 

ITB Online Shopping's reserves the right to change its payment options at any time without prior notice to you.

ITB Online Shopping's charges sales tax for merchandise ordered on this Website based on the applicable state sales tax rate and the location to which the order is being shipped from.

Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to ITB Online Shopping's return policy.

We reserve the right to make changes at any time to these terms of use. Any modifications to the Terms of Use will be effective upon posting. You agree to review the Terms of Use periodically so that you are aware of any modifications. Your continued use of the ITB Online Shopping's Site after any modifications indicates your acceptance of the modified Terms of Use.

Any dispute relative to the ITB Online Shopping's Site or use or inability to use the ITB Online Shopping's Site will be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute relating in any way to your visit to or participation on the ITB Online Shopping's Site shall be submitted to confidential arbitration in Burly, Illinois, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

By visiting ITB Online Shopping's Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and ITB Online Shopping's Site.

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use, and you do not have any authority of any kind to bind ITB Online Shopping's in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the ITB Online Shopping's Site. These Terms of Use, which shall be deemed accepted by you upon your use of the ITB Online Shopping's Site, constitute the entire agreement among you, and ITB Online Shopping's regarding use of the ITB Online Shopping's Site. ITB Online Shopping's failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sub-licensable by you, except with our prior written consent. The headings in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use include and incorporate the Privacy Policy for the ITB Online Shopping's Site and any notices regarding the ITB Online Shopping's Site.

One or more patents may apply to this Web site.

Before beginning any project, review the instructions carefully, and if any doubts or questions remain, consult local professionals or authorities. Because local codes and regulations vary greatly, you should always check with local authorities to ensure that your project complies with all applicable codes and regulations. Always read and observe all of the safety precautions provided by any tool or equipment manufacturer, and follow all accepted safety procedures. What follows are reminders, although not an exhaustive list, of safety measures you should be aware of if undertaking home improvements yourself. They are not substitutes for your own caution, care, good judgment and common sense.

Always read container labels on paints, solvents, and other products; provide ventilation, and observe all other warnings.

Always read the manufacturer's users manual for using a tool, especially the warnings. You should not use tools until the owner's manual is received and reviewed thoroughly.

2013 ITB Online Shopping/ITB Designs