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Terms of Use

Welcome to Akamaibasics.com (the "Site"), a website owned and operated by Tribal, LLC d/b/a Akamai ("Akamai," "we," or "us"). Akamai ("Akamai") provides website features and other products and services to you when you visit or shop at the Site, use Akamai services, use Akamai applications for mobile, or use software provided by Akamai in connection with any of the foregoing (collectively, "Akamai Services"). Akamai provides the Akamai Services subject to the following terms and conditions.

By using Akamai Services, you agree to these conditions. Please read them carefully.

The following terms and conditions (the "Terms of Use") constitute a binding agreement between you and Akamai with respect to your use of the Site or use of Akamai Services.

By visiting any area on the Site, creating an account, making a purchase via the Site, or by accessing or using the Akamai Services in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these Terms of Use and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to be bound by these Terms of Use please leave the akamaibasics.com site immediately and do not use the Akamai Services.

Changes & Modifications

Akamai reserves the right to make changes to the Site, Akamai Services, and these Terms of Use at any time without notice. For subscribers to Akamai services, reasonable efforts will be made to notify you electronically with the information you provide us. Your continued use of the Site or Akamai Services following any changes means that you accept and agree to the changes.

License & Access

Subject to your compliance with these Terms of Use, Akamai or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and non-commercial use of the Akamai Services. This license does not include any resale or commercial use of any Akamai Services, or its contents; any derivative use of any Akamai Services or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms of Use or any Akamai service terms are reserved and retained by Akamai or its licensors, suppliers, publishers, rightsholders, or other content providers. No Akamai Services, nor any part of any Akamai Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Akamai. 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 Akamai without express written consent. You may not use any meta tags or any other "hidden text" utilizing Akamai's name or trademarks with the express written consent of Akamai. You may not modify, download (other than page caching), reproduce, copy, or resell the Site, the Site's content, or any portion or derivative thereof. You may not misuse the Akamai Services. You may not upload any invalid data, viruses, worms, or other malicious agents to or through the Site. You may not interfere or attempt to interfere with the proper working or security of the Site. You may not bypass or attempt to bypass any measures used by Akamai to prevent or restrict access to any portion of the Site, the content, or any portion or derivative thereof. You may use the Akamai Services only as permitted by law. The licenses granted by Akamai terminate if you do not comply with these Terms of Use or any Akamai service terms.

Electronic Communications

When you use any Akamai Services, or send e-mails and other communications from your desktop or mobile device to Akamai, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site or through other Akamai Services. 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.

Intellectual Property

All content included in or made available through Akamai Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Akamai or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Akamai Services is the exclusive property of Akamai and protected by U.S. and international copyright laws.

Akamai, or third parties from whom Akamai has permission, own the trademarks or service marks that are used on the Site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Akamai and its licensors may not be used without prior written consent of Akamai or its licensor, as the case may be. Without limiting the foregoing, no Akamai trademark or trade dress may be used in connection with any product or service that is not Akamai's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Akamai. All other trademarks not owned by Akamai that appear in any Akamai Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Akamai.

Age of Users

Akamai's products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, Akamai does not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on the Site. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, Akamai will remove that information as soon as possible.

Your Account

Access to and use of certain Akamai Services may require you to register for an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. You are required to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. Akamai reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

Content

In accordance with these Terms of Use, you may post reviews, comments, photos, videos, and other content; 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 (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Akamai reserves the right, but is not obligated, to remove or edit such content. Akamai does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Akamai a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Akamai 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 these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Akamai for all claims resulting from content you supply. Akamai has the right but not the obligation to monitor and edit or remove any activity or content. Akamai takes no responsibility and assumes no liability for any content posted by you or any third party.

Akamai cannot accept any ideas or information you consider confidential or proprietary. Except with respect to your personal information as expressly provided for in our Privacy Policy [INSERT LIVE LINK], all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed to Akamai by you through the Site or Akamai Services or in response to solicitations on the Site shall be deemed to be non-confidential and non-proprietary. 

Links

The Site may contain links to third party websites or resources. You acknowledge and agree that Akamai is not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Some of websites and resources Akamai provides links to may contain opinions, advice, and information related to healthcare, and Akamai expressly disclaims any responsibility or oversight for such content. The use of such resources is solely your responsibility, and Akamai cannot verify the reliability or credentials of any source. Links to such websites or resources do not imply any endorsement by Akamai of those websites or resources. You should always consult your healthcare professional prior to following any such advice or implementing any practice related to your health, exercise, or diet.

You may link to the Site, provided you do so in a way that is fair and legal and does not damage Akamai’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You agree to cooperate with us in causing any unauthorized linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Third Party Platforms

We may provide some Akamai Services to you through third party websites, operating systems, platforms, portals, or software, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions will apply to you with respect to your use of Third Party Platforms. Third Party Platforms are not under Akamai’s control, and Akamai does not assume any responsibility or liability for your use of use of such Third Party Platforms.

Promotions

In addition to these Terms of Use, sweepstakes, contests, games, or other promotions (collectively, "Promotions") made available through the Site or Akamai Services may have specific rules that are different from these Terms of Use. By participating in a Promotion, you will become subject to the terms and conditions of the Promotion. We urge you to review the applicable rules before you participate in a Promotion.

Termination and Suspension of Use

Akamai may suspend or terminate your access to all or any part of the Site including any account thereon, without notice, in Akamai's sole discretion including without limitation violation of these Terms of Use. In particular, Akamai may suspend or terminate your use if Akamai believes that your access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to Akamai or another user.

Dispute Resolution

Any dispute or claim relating in any way to your use of any Akamai Services, or to any products or services sold or distributed by Akamai or through the Site will be resolved by binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.

Akamai and you agree that any dispute resolution proceedings or litigation will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, Akamai and you each waive any right to a jury trial. Akamai and you also both agree that you or Akamai may bring suit in court to enjoin infringement or other misuse of intellectual property rights, data security, or unauthorized access to the Site or Akamai Services.

Inaccuracies

Akamai endeavors to present the most recent, most accurate, and most reliable information on the Site at all times. However, there may be occasions when some of the information featured on the Site may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event an Akamai product is listed at an incorrect price due to photographical error, typographical error, or other error in pricing information, Akamai shall have the right to refuse or cancel any orders placed for any product listed at the incorrect price. Akamai shall have the right to refuse or cancel any such orders 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, Akamai shall issue a credit to your credit card account in the amount of the incorrect price.

Products

The products sold on the Site may have limited quantities and are subject to return or exchange only according to Akamai's Return Policy. We have made every effort to display as accurately as possible the colors and images of Akamai's products that appear on the Site. However, Akamai cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this site is void where prohibited. We do not warrant that the quality of any products, Akamai Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Akamai Services will be corrected. However, in the event of dissatisfaction, Akamai will make reasonable efforts at its sole discretion to rectify the situation and correct errors.

Billing

Akamai reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that Akamai makes a change to or cancels an order, we may attempt to notify you by contacting the e-mail, address, or phone number provided at the time the order was made. Akamai reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

Return Policy

For more detail, please review our Return Policy.

Indemnification

You agreed to indemnify, defend, and hold harmless Akamai, its officers, directors, employees, agents, contractors, licensors, and suppliers (collectively, the “Service Providers”) from and against all claims, 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 wrongful or negligent conduct) by you or any other person accessing the Site using your account.

Disclaimers of Warranties and Limitation of Liability

THE AKAMAI SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR AKAMAI SERVICES ARE PROVIDED BY AKAMAI ON AN "AS IS" AND " AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AKAMAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AKAMAI SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR AKAMAI SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR AKAMAI SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AKAMAI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AKAMAI DOES NOT WARRANT THAT THE AKAMAI SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR AKAMAI SERVICES, AKAMAl'S SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM AKAMAI ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AKAMAI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AKAMAI SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AKAMAI SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

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.

Governing Law & Jurisdiction

By using any Akamai Services, you agree that the laws of the State of Colorado, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any kind that might arise between you and Akamai. You and Akamai agree to submit to the exclusive personal jurisdiction of the state courts located in Boulder County, Colorado and the federal courts located in Denver County, Colorado (and of the appropriate appellate courts therefrom) and irrevocably waive, to the fullest extent permitted by law, any objection to the laying of venue of any litigation in said courts.

Waiver & Severability

Akamai's failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any term or provision of these Terms of Use shall be deemed invalid, void, or unenforceable in any applicable jurisdiction, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any remaining term or provision or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

These Terms of Use, including our Terms of Sale and Shipping and Return Policy, constitute the sole and entire agreement between you and Akamai regarding your relationship with Akamai and supersedes any prior statements or representations. These Terms of Use do not create any third party beneficiary rights. Headings used in these Terms of Use are for reference only and shall not affect the meaning of any terms.

Contact

We'd love to hear from you.

You may contact Akamai by mail at 1877 Broadway, Suite 100,Boulder, CO 80302, or email us at support@akamaibasics.com.

Last Revised on November 22, 2016.