Conditions of Use
Select‑O‑Hits, Inc. (“Select‑O‑Hits”) provides access to this website and related services subject to the following Conditions of Use. By visiting, accessing, or purchasing from Select‑O‑Hits, you agree to be bound by these Conditions. In addition, when you use any current or future Select‑O‑Hits service or business, you will also be subject to applicable guidelines, terms, and agreements (“Terms”). If these Conditions conflict with any such Terms, the Terms shall control.
Privacy
Your use of this website is governed by our Privacy Policy. Please review it to understand our practices regarding the collection and use of personal information.
Electronic communications
By visiting Select‑O‑Hits or communicating with us electronically (including via email), you consent to receive communications from us in electronic form. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Intellectual property
All content on this site — including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software — is the property of Select‑O‑Hits or its content suppliers and is protected by United States and international copyright laws.
License and site access
Select‑O‑Hits grants you a limited, revocable, non‑exclusive license to access and make personal use of this site. Unauthorized use terminates the permission or license granted by Select‑O‑Hits.
Your account
If you create or use an account on this site, you are responsible for maintaining the confidentiality of your account credentials and for restricting access to your computer. You accept responsibility for all activities that occur under your account.
Reviews, communications, and other content
By posting or submitting material, you grant Select‑O‑Hits a non‑exclusive, royalty‑free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content worldwide in any media.
Risk of loss
All items purchased from Select‑O‑Hits are shipped pursuant to a shipment contract. Title and risk of loss pass to you upon delivery to the carrier.
Product descriptions
Select‑O‑Hits endeavors to ensure product descriptions are accurate. However, Select‑O‑Hits does not warrant that descriptions or other content are error‑free.
Pricing
Prices displayed may represent manufacturer suggested retail prices, industry estimates, or comparative values. Despite best efforts, errors may occur. If a product is incorrectly priced, Select‑O‑Hits may cancel the order or contact you for instructions before shipping.
Disclaimer of warranties and limitation of liability
This site and all information, content, materials, products, and services are provided “as is” and “as available,” unless otherwise specified in writing. Select‑O‑Hits disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
Applicable law
By visiting Select‑O‑Hits, you agree that the laws of the State of Tennessee, without regard to conflict of law principles, govern these Conditions of Use and any disputes that may arise.
Disputes and arbitration
Any dispute relating to your use of Select‑O‑Hits or products purchased through Select‑O‑Hits shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall take place in Shelby County, Tennessee, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. You waive the right to bring claims in court (except for matters that may be brought in small claims court) and agree that disputes will be resolved individually, without resort to class actions.
Waiver of jury trial
To the fullest extent permitted by law, you and Select‑O‑Hits expressly waive any right to a trial by jury in any legal proceeding arising out of or relating to these Conditions of Use, your use of the website, or any products or services purchased through Select‑O‑Hits.
Force majeure
Select‑O‑Hits shall not be liable or responsible for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, strikes, lockouts, civil unrest, war, terrorism, governmental actions, interruptions of transportation or utilities, or failures of suppliers.
Termination
Select‑O‑Hits reserves the right, in its sole discretion, to suspend or terminate your account, restrict access to the website, or refuse service at any time and for any reason, including but not limited to violations of these Conditions of Use, suspected fraudulent activity, or conduct deemed harmful to Select‑O‑Hits, its affiliates, or other users.
Indemnification
You agree to indemnify, defend, and hold harmless Select‑O‑Hits, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or related to your violation of these Conditions of Use, misuse of the website, infringement of intellectual property rights, or violation of applicable law.
Entire agreement
These Conditions of Use, together with any applicable policies referenced herein, constitute the entire agreement between you and Select‑O‑Hits regarding your use of the website and services. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written. No waiver or modification of these Conditions shall be valid unless made in writing and signed by an authorized representative of Select‑O‑Hits.
Consent to updates
By continuing to use this website after changes are posted, you acknowledge and agree to be bound by the revised Conditions of Use. Select‑O‑Hits reserves the right to update or modify these Conditions at any time without prior notice. It is your responsibility to review this page periodically for updates.
Governing language
These Conditions of Use are drafted in the English language, which shall be the controlling language in all respects. Any translations provided are for convenience only. In the event of any conflict between the English version and a translated version, the English version shall prevail.
No assignment
You may not assign, transfer, or delegate any rights or obligations under these Conditions of Use without the prior written consent of Select‑O‑Hits. Any attempted assignment or transfer without such consent shall be null and void. Select‑O‑Hits may assign or transfer its rights and obligations under these Conditions at its sole discretion.
Survival
All provisions of these Conditions of Use that by their nature should survive termination shall remain in effect, including but not limited to provisions relating to intellectual property, disclaimers of warranties, limitations of liability, indemnification, arbitration, waiver of jury trial, and applicable law.
Headings
The section titles and headings contained in these Conditions of Use are for convenience only and shall not affect the meaning, interpretation, or legal enforceability of any provision.
Severability & non‑waiver
If any provision of these Conditions of Use is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of Select‑O‑Hits to enforce any provision or exercise any right under these Conditions shall not constitute a waiver of such provision or right, nor shall it prevent Select‑O‑Hits from enforcing such provision or right at a later time.
Third‑party beneficiaries
These Conditions of Use are intended solely for the benefit of Select‑O‑Hits and you, the user. No third party shall have any rights under these Conditions, nor shall any provisions be construed to confer rights or benefits upon any third party.
Notices
All notices required or permitted under these Conditions of Use shall be in writing. Notices to Select‑O‑Hits must be delivered by certified mail, return receipt requested, or by recognized overnight courier service to the address listed below. Notices to you may be delivered via email, postal mail, or by posting on the website. Notice shall be deemed given upon receipt or, in the case of email or website posting, upon transmission.
Counterparts & electronic signatures
These Conditions of Use may be executed and accepted in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same agreement. Acceptance of these Conditions by electronic means, including by clicking “I Agree,” creating an account, or continuing to use the website, shall be deemed legally binding and equivalent to a signed written agreement.
Contact information
Select‑O‑Hits, Inc.
1981 Fletcher Creek Dr.
Memphis, TN 38133
(901) 388-1190
selectohits.com
