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Introduction. Welcome to http://www.americathebeautiful.shop (site, Site). The Site is owned and operated by Name Brands, Inc., its subsidiaries and affiliates (sometimes “we,” “us,” “our,” “NBI,” or “ATB” herein). “Site” includes americathebeautiful.shop and all of our various social media locations including without limitation Twitter®, Pinterest®, Facebook®, YouTube®, and the like.
Are you Under 13 Years Old? IF YOU ARE UNDER 13 ASK YOUR MOM OR DAD TO HELP YOU ON THIS SITE. IF YOU ARE UNDER THE AGE OF 13 YOU CAN’T USE THIS SITE OR REGISTER FOR IT. Parents of persons under the age of 13 must use or register on their behalf. By using the Site you also represent that you are at least 13 years old. NBI does not knowingly collect personally identifiable information from users under the age of 13 except as permitted by law. Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us. If we find we have received any information from a child under the age of 13 in violation of this policy, we delete that information. If you think we have received personally identifiable information from or about anyone under the age of 13, please use the Contact Us form.
Are Children Allowed to Use the Sites? We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use the sites only with the involvement of a parent or guardian. In cases where you have authorized a minor to use the sites, you agree you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the site; and (iii) the consequences of any misuse by the minor. You acknowledge that we have no obligation to monitor the content accessible on or through the site, or verify the age of its users.
Consideration. You acknowledge your acceptance of and agreement to these Terms is supported by reasonable and valuable consideration, receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt of data, materials and information available at or through the Site, viewing the contents thereof, which you can voluntary elect not to do.
America The Beautiful®
PO Box 30
Daytona Beach, FL 32115
Registration. You do not have to register to view the Site. You may visit the Site, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you may have to register for an account in order to access the full features of the Site, including but not limited to the ability to purchase products through the Site. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and it of course is your responsibility to keep your account password secure. You must notify NBI immediately of any breach of security or unauthorized use of your account. NBI will not be liable for any losses caused by any unauthorized use of your account. NBI reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time, with information and our rights maintained.
Disclaimer of Site Warranty. THIS SITE IS PROVIDED BY NBI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR LINKS HEREIN OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OF LINKED SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL NBI, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO NBI THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Nature of Communication. Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, we are free to use any ideas, information, terms of art, slogans, concepts, sayings, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing goods and services using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure.
Trademark Acknowledgment. You acknowledge and agree as a matter of contract and of law that "America The Beautiful" and "America Is Beautiful" are trademarks of D-Generation, Inc., the third party owner of such trademarks, in all classes of goods and services, in the United States and other countries with only class 14 as to coins and class 16 partially as to stamps and philatelic goods, being excepted in America. All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.
Goodwill. You acknowledge the value of goodwill associated with the marks listed herein and appearing on the Site, and agree that we or D-Generation, respectively as appropriate, are the sole owner(s) of such goodwill. Any goodwill generated as a result of use of the marks by you will inure to the benefit of our and D-Generation’s benefit, respectively.
Proprietary Product; Non-Competition. As a matter of contract, in fundamental consideration for the opportunity to view and evaluate the information presented in the Site, you agree that you will not use in competition with us, or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: product concepts; alternative designs of the goods, services, logos, tradenames, artwork, slogans, and monikers depicted on this Site; logos; trade dress; product themes; product genres; product information; tradenames; designs or ideas that are derived from the product or logo, or tradename concept; tradenames and slogans similar or confusingly similar to those depicted on this Site; or anything derived or adapted the goods, services, slogans, logos, and services depicted in this Site. All goods, services, slogans, logos, and monikers displayed on this Site are US Trademark and protected by common law. We will enforce our trademark, copyright, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Your Responsibility. You assume all responsibility for your use of the Site. You waive all claims against NBI, its officers, directors, employees, suppliers and software programmers that may arise from the utilization of the Site.
Accuracy of Information. While reasonable efforts are made to present accurate information on the Site, neither NBI, nor its information contributors can be held responsible by you for the accuracy of the information. NBI makes no express or implied warranty as to the accuracy or merchantability of content or programming. We assume no liability or responsibility for any errors or omissions in the content on the Site.
Software Interference. You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our Site in any way, and indemnify us (including attorney’s fees) against same.
Legal Use. You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from NBI. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Site or any co-branded Site must be accurate, complete, and current. By using the Site, you agree not to violate or attempt to violate the security of the Site, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.
License and Site Access. NBI grants you a limited, revocable and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NBI. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NBI. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NBI and its affiliates, licensors or licensees without express written consent of NBI. You may not use meta-tags or any other hidden text using NBI's name or trademarks without the express written consent of NBI. Any unauthorized use will immediately terminate the permission or license granted by NBI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NBI so long as the link does not portray NBI or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by NBI in its sole discretion. You may not use any NBI logo or other proprietary graphic or trademark as part of the link without express written permission of NBI. You may not make any other part of the Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from NBI.
Comments & Communications to Us. We welcome your comments! Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Any comments, feedback, notes, messages, ideas, suggestions or other communications sent to us shall be and remain our exclusive property, and your act of choosing to submit them will constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in them. Anything you transmit may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, we are free to use any ideas, information, terms of art, slogans, concepts, sayings, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing goods and services using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Unsolicited Submissions. In some places Sites enable users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted to the Site or sent to us, whether through the Site, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of NBI. Your submission of any such Comments shall constitute an irrevocable assignment to NBI of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, NBI (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").
If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant NBI (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.
You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.
You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.
The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Unsolicited Submissions submitted by you to us.
Copying or Downloading Web Pages. You agreed that you will not save, copy or download the web pages of this Site, or the programming or formatting thereof.
Product Information. NBI attempts in good faith to be accurate when describing its products and services on the Site. We do not warrant that product and service descriptions or other content of this or any other Site are complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see depend on your computer monitor and other factors beyond NBI's control, we cannot guarantee that your computer's display of any color on the Site will be accurate. Various NBI products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.
Inaccuracy Disclaimer. From time to time there may be information on our sites or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted your order.
Termination or Restriction. NBI may terminate or restrict your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Site at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.
DMCA Notice. You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), NBI. will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact us at the address listed herein regarding any copyright infringement notices. It is our policy to terminate our contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.
America The Beautiful®
PO Box 30
Daytona Beach, FL 32115
Email: Use the "Contact Us" form to contact our designated agent in regard to DMCA matters. Please add "DMCA" in the subject field.
Risk of Loss. All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, NBI. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when NBI delivers these items to the carrier.
Legal Notices. Any legal notices other than service of process shall be given by pre-paid certified mail, signature required, to "Legal Affairs" at our address stated above.
User Contributed Content. The Site may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order America The Beautiful products from www.AmericaTheBeautiful.shop. We are not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.
By submitting or posting User Content on the sites, you grant us and our subsidiaries and affiliates a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.
By submitting or posting any User Content to the sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the sites any content that:
- contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
- promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
- is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- is threatening, abuses or invades another's privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
- gives the impression that it emanates from us, if this is not the case; and/or
- contains anything that, in our sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose us or the users of the sites to harm or liability of any kind.
Should you wish to remove any User Content that you have posted, our agent for notice for removal can be reached as follows: Name Brands, Inc. Attn.: Community and Content Manager, PO Box 30, Daytona Beach, FL 3215-0030, or use the Contact Us form.
We reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the sites at your sole cost and expense.
By posting User Content to the sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to use and post such User Content to the sites and to grant the rights you grant to us in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the sites, do not and will not violate these Terms or the terms and conditions of use of the sites, or any of our other applicable terms, guidelines or policies or any applicable law, rule or regulation.
Social Media Content. When you submit content of any kind, including but not limited to, photos, texts, artwork and music, (content) to the site or send the hashtag #agreeATB to us, you agree to be bound by these terms.
You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the content or you otherwise have all rights, permissions and consents necessary to post and use such content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the content); and (c) our use of the content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The content also includes any profile information you allow us to access from third party social media platforms, including without limitation Instagram, Twitter, Facebook and the like, in accordance with the authorization procedures determined by the platform.
You hereby grant to us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on our website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on our behalf, including websites, apps and e-mail, for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, our right to use and publicly display your name, image, likeness and persona. Nothing in this license requires us to use or publish your content in any specific way or on a specific platform or use or publish your content at all.
You agree that any statements, remarks or claims contained or depicted in your content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your content, you further agree to disclose any material connections you may have with us or other third-party brands or sellers, such as if you are an employee, paid blogger or recipient of free products/services. You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences if we should request it.
You agree to sign and deliver documents and take any other actions reasonably requested by us to effectuate, perfect or evidence the license and rights granted in these terms.
You agree that you will not submit content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
To the fullest extent allowed by law, you hereby release us and our employees, contractors, sponsors or any other person acting under our permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys fees), by virtue of any publication or use of the content you submit or the name, image, likeness, persona or other information you provide in connection with such content. Finally, you acknowledge that, with respect to any claim relating to or arising out of our actual or alleged exploitation or use of any content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
Discontinuance; Modification. We may discontinue this Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Site at any time for any reason, without notice.
Third party. D-Generation, Inc., the owner of the trademarks listed herein, is a third party beneficiary of this Agreement and not a party hereto.
Lack of Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice 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.
Waiver. Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
Illegality. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Reservation of Rights. All rights not expressly granted herein are hereby reserved to us.
No EU or Extra-US activity. We and the site do not offer goods and services to people in the EU, and do not monitor their online behavior. We and the site operate and offer goods and services, and monitor online behavior, and only within the U.S., its territories, and possessions. While we like our friends in the EU and rest of the world, the laws enacted by their rulers are too many and too complex, and the penalties too draconian, to incur the risk. It’s hard enough keeping up with our own.
No Jury Trial. YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.
Limited Goods and Services Warranty. NBI warrants that the Goods and Services are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. NBI will provide replacement Goods or Services, or may opt to reimburse the purchase price if that is infeasible. NBI’s sole liability with respect to any defect shall be for the replacement of the defective Goods or Services. No one is authorized to make any other warranties on behalf of NBI, or modify this warranty, except in a separate written paper document under signature of a corporate officer of NBI then-listed with the Florida Department of State (see www.sunbiz.org/). NBI will not be liable for repairing damages or failures caused by acts of God, abuse, abnormal usage, use or application for which the Goods and Services are not intended. The foregoing shall constitute NBI’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. NBI WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.
Arbitration of Disputes. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY SITE USE DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING A CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.
Any site use dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Hillsborough County, Florida, United States of America, 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 Hillsborough County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts.
The arbitrator's 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This binding arbitration provision applies to any and all claims as aforesaid that you have against us, our subsidiaries, affiliates, licensees, licensors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.
This arbitration agreement will survive: (i) termination or changes in these Terms, and the relationship between you and us concerning these Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.