LAST UPDATED: October 11, 2019
NOTICE REGARDING FUTURE CHANGES TO TERMS
We may make changes to these Terms at any time and for any reason whatsoever. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Updated” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.
NOTICE REGARDING CLASS ACTION WAIVER
These Terms contain a class action waiver, whereby you agree that any dispute or claim relating in any way to your use of this Site, or to products or services sold, distributed, issued, or serviced by us or through us, will be resolved in court; however, you expressly agree to waive your right to participate in a class action lawsuit or class-wide arbitration; the foregoing agreement and waiver, along with some limited exceptions, are discussed further detail in these Terms.
MODIFICATION OR SUSPENSION OF THIS SITE
You understand that the Company may at any time, and from time to time for any reason, as determined in its sole discretion, modify this Site or suspend or discontinue all or any part its operation, without notice to you, and you acknowledge that there is no consequence or liability to the Company for doing so.
This Site is owned and operated by the Company and/or its affiliates. All rights, title, and interest to the Content (as such term is defined below) displayed on this Site, which Content includes, but is not limited to: (i) the look and feel of this Site; (ii) the data, information, text, graphics, images, sound or video materials displayed as part of this Site; (iii) and the designs, trademarks, service marks, trade names and URL of this Site, but excluding User Content (as such term is defined below), are the sole and exclusive property of the Company and/or its affiliates and/or other parties with whom the Company maintains a professional and/or contractual relationship.
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS AND LICENSE
You acknowledge that all content available through this Site (the “Content”), including without limitation, all text, graphics, software, music, sound, photographs and videos, and any Content provided by suppliers, sponsors or third-party advertisers, is protected by trade dress, copyright, trademark, patent, and various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as expressly authorized in advance by the Company in writing, you understand that you may not copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer or create derivative works based on this Site or any of its Content. You are, however, granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print Content for the sole purpose of placing an order via this Site or other use as may be permitted by these Terms, provided that you may under no circumstance remove or obscure the copyright notice or other notices displayed as part of the Content. Other than the foregoing, you may not copy or use the Content in any other way or for any other purpose.
Nothing contained in these Terms, this Site or its Content shall be construed as conferring any license or right (by implication, by estoppel or otherwise) to any of the Intellectual Property Rights of the Company or to any third party’s Intellectual Property Rights, except as expressly authorized by these Terms, and all rights are reserved to the Company except to the extent as expressly authorized by these Terms.
ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY
You may browse the Site without registering for an account; however, you will be required to register for an account to use certain features of this Site, such purchasing products and/or services and/or posting reviews. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you and you agree to keep any and all account information current, complete, accurate and truthful. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You agree to immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to this Site for any reason.
USE OF THIS SITE
The use of this Site is for your personal use only and may not be used for any commercial and/or other purposes (whether or not for pecuniary gain) whatsoever. Moreover, you acknowledge that you cannot sell or resell any of the products and/or services, including samples that you purchase or otherwise receive from the Company, except as expressly permitted by and in accordance with all applicable laws and regulations. Moreover, as an express condition precedent to your use of and/or access to this Site, you expressly represent, warrant, covenant and acknowledge that you may not and shall not:
- use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site;
- attempt to gain unauthorized access to any portion or feature of this Site, or any other systems or networks connected to this Site or to any Company server, or to any of the services offered on or through this Site, by hacking, password “mining” or any other illegitimate means;
- probe, scan or test the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site;
- reverse look-up, trace or seek to trace any information on any other user of or visitor to this Site, to its source, or exploit this Site or any service or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by this Site;
- “frame” or “mirror” any part of the Site;
- take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or the systems or networks, of the Company or any systems or networks connected to this Site or to the Company;
- use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction (if any) being conducted on this Site, or with the use of this Site by any other party;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to the Company on or through this Site or any service (if any) offered on or through this Site;
- pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and/or
- use this Site or any Content for any purpose that is unlawful or prohibited by these Terms or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
This Site may offer interactive features that allow you to submit, post and/or upload content (“User Content”) to this Site. You represent, warrant, covenants and agree that any use by you of such features of the Site and/or any User Content submitted, posted and/or uploaded by you (i) shall be your sole responsibility, (ii) shall not infringe or violate upon the rights of any other party or violate any laws, (iii) shall not contribute to or encourage any infringement or other unlawful conduct, and/or (iv) shall not be obscene, objectionable or in poor taste. Any submission of User Content specifically implies that you have each and every necessary right and/or license to make each such submission. Accordingly, do not provide any User Consent to this Site unless it complies with the foregoing requirements. Without limiting the generality of the foregoing, to the extent that you post, upload or otherwise transmit any User Content to this Site, you hereby grant to the Company an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to make use of such User Content in such manner and for any purpose whatsoever as determined by the Company in its sole discretion without any obligation whatsoever upon the Company to provide you with any compensation, benefits, privileges and/ or other rights. Furthermore, to the extent that you provide any User Content to this Site, you expressly represent, warrant, covenant and acknowledge that you may not and shall not:
- violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
- impersonate or attempt to impersonate any person or entity;
- introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
- interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the infrastructure of this Site or the systems or networks, of the Company or any systems or networks connected to this Site or to the Company;
- cover, remove, disable, block or obscure advertisements or other portions of any Content or any other person’s User Content on this Site;
- advertise or promote competing items; and/or
- engage in any commercial activity.
The Company does not endorse any User Content transmitted to, posted and/or uploaded to the Site, and the Company does not guarantee the accuracy, integrity or quality of any User Content. You understand that as a result of your use of this Site, you may be exposed to User Content that is offensive, indecent or objectionable to you and that under no circumstances is the Company responsible or liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of and/or reliance upon any User Content.
The Company reserves the right to, but expressly disclaims any obligation or responsibility to, refrain from posting or publishing any User Content and/or remove or edit any User Content, at any time and from time to time, if the Company determines for any reason whatsoever, in its sole discretion, that any User Content violates or will violate these Terms. You understand that the Company has the right to investigate and take appropriate legal action against anyone who, in the sole discretion of the Company, violates these Terms, including but not limited to, terminating a user account and/or reporting such User Content, conduct or activity to law enforcement authorities.
COMPLIANCE WITH LAWS
You acknowledge that you must comply with all applicable laws regarding your use of this Site, including, without limitation, laws regarding tort, contract, intellectual property or other third-party rights.
LINKS TO OTHER SITES
The Company attempts to describe the items available for purchase as accurately as possible, and depict the most up-to-date product packaging available. The Company does not represents and/or warrant that product descriptions are accurate, complete, reliable, current or error-free, or that product packaging depicted on this Site will match the actual product and/or product packaging that you receive.
THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS SITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY AND ITS AGENTS HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY CONSEQUENCE TO YOU THAT MAY ARISE FROM AND/OR RELATE TO, DIRECTLY OR INDIRECTLY, ANY ACTION YOU TAKE OR REFRAIN FROM TAKING BASED ON THE CONTENT, INFORMATION, SERVICES OR OTHER MATERIAL ON THIS SITE. WHILE THE COMPANY STRIVES TO KEEP THE CONTENT ON THIS SITE ACCURATE, COMPLETE AND UP-TO-DATE, THE COMPANY DOES NOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THIS SITE.
DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THIS SITE
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE.” WE TRY TO KEEP THE SITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
MOREOVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THIS SITE SHALL CREATE ANY IMPLIED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE COMPANY, OUR SUPPLIERS, ADVERTISERS AND/OR SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
You agree to indemnify, defend and hold the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of this Site; (ii) information you submit or transmit through this Site; (iii) your breach of these Terms; (iv) the violation by you of the rights of any third party and/or (iv) your connection to this Site. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
TERMINATION OF USE
You acknowledge that the Company may, in the exercise of its sole discretion, at any time, terminate your use of this Site, without prior notice to you, for any reason that the Company, in its sole discretion, deems appropriate and that the Company has no liability whatsoever to you or to any third party for the consequences of any termination of your use of or access to this Site. In the event of any termination of your use of or access to this Site, you understand that the all of the provisions of these Terms survive the any such termination of your access to or use of this Site.
If any provision of the Terms are found by a court or other binding authority to be invalid, you acknowledge that every attempt shall otherwise be made to give effect to the intention as reflected in the invalidated provision, and any such invalidation shall have no effect upon the remaining provisions of these Terms which shall remain in full force and effect.
APPLICABLE LAW; VENUE
These Terms and the resolution of any dispute related to them, this Site, its Content or items or services that are available through this Site shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any legal action or proceeding between the Company and you related to these Terms must be brought exclusively in a federal or state court of competent jurisdiction sitting in Broward County, Florida, and you agree to submit to the personal and exclusive jurisdiction of such courts and further agree to waive any right to dismiss or transfer the action or proceeding based on improper venue or forum non conveniens.
LIMITATIONS ON ACTIONS BROUGHT AGAINST THE COMPANY
YOU AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR PURCHASE OF ITEMS THROUGH THIS SITE IS PERSONAL TO YOU AND YOU FURTHER AGREE THAT ANY SUCH DISPUTE WILL SOLELY BE RESOLVED ON AN INDIVIDUAL BASIS AND ANY CLAIM BROUGHT UNDER THESE TERMS IN CONNECTION WITH THIS SITE OR ANY PRODUCT WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER FORM OF REPRESENTATIVE PROCEEDINGS. YOU FURTHER AGREE THAT YOU SHALL NOT PARTICIPATE IN ANY REPRESENTATIVE PROCEEDINGS BROUGHT BY ANY THIRD-PARTY ARISING UNDER THESE TERMS OF PURCHASE IN CONNECTION WITH THIS SITE AND ANY COMPANY PRODUCT. MOREOVER, YOU WAIVE YOUR RIGHTS, IF ANY, TO A JURY TRIAL.
The information communicated on this Site constitutes an electronic communication. When you communicate with the Company through this Site or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You acknowledge that the Company may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that the Company provides to you electronically, are equivalent to communications between you and the Company in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
It is the policy of the Company to decline unsolicited suggestions and ideas. Notwithstanding the foregoing, any inquiries, feedback, suggestions, ideas or other information you provide to the Company and/or this Site (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. To the extent that you post, upload or otherwise transmit any Submissions to the Company and/or this Site, by such submission you will be deemed to have granted the Company full ownership of the Submission as if the Company had created, developed and posted the Submission for the Company’s own purposes. The Company reserves the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign any Submission in any way as the Company sees fit, including but not limited to copying it in whole or in part, creating derivative works therefrom, distributing and displaying any such Submission in any form, media or technology, whether now known or hereafter developed, alone or as part of other works or using any such Submission within or in connection with the Company’s products. You also acknowledge that your Submission will not be returned by the Company and the Company may use your Submission, and any ideas, concepts or know how contained therein, without payment to you of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. If you make a Submission, then is will be conclusively presumed and you will be deemed to have represented and warranted that you are the owner of or otherwise control the rights to your Submission. If you make a Submission, it will be conclusively presumed and will be deemed to represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You understand that you may not use a false email address, impersonate any person or entity or otherwise mislead or attempt to mislead the Company as to the origin of any Submission. You agree to indemnify the Company for all claims arising from or in connection with any claims made as to rights in any Submission made by you or any damages arising from any Submission made by you.
ENTIRE AGREEMENT; SEVERABILITY
These Terms constitute the entire agreement between you and the Company with regard to your use of and/or access to the Site, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms and all such offers are hereby categorically rejected.
It is our belief that these Terms do not contain any provision contrary to law. However, if any part of these Terms is determined to be illegal, invalid, or unenforceable, you agree that: (i) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms, and (ii) the remaining parts shall be deemed valid and enforceable.
The failure of the Company to insist on or enforce strict performance of these Terms shall not be construed as a waiver by the Company of any provision or any right it has to enforce any provision of these Terms nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms.
NO THIRD PARTY BENEFICIARIES
Nothing in these Terms shall be interpreted or shall be construed to confer any rights or remedies on any third parties.
Linking to this Site from another website (“Linking Site”) is only allowed by the prior written approval of the Company.
All Content included on this Site, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally. The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents. The content, images and software on this site may be used as a shopping resource or information for use of the Company products. Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.
The trademarks of the Company (the “Trademarks”) are registered in the United States. None of the Trademarks may be used without the prior written consent of the Company and/or the owners thereof.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
The Company asks the users of this Site to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, the Company has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that a work of yours has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent of the Company the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- 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 this Site;
- Your address, telephone number, and e-mail 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Agent for the Company of claims of copyright infringement on its Site can be reached as follows: firstname.lastname@example.org
Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.
If you have any questions with respect to the Company’s Terms, this Site or any of the Company’s products, you may contact the Company by telephone or email.
The Company’s address and contact information is:
3959 Nova Rd.
Port Orange, FL 32127
Tel: (386) 238-9448
I HAVE READ THESE TERMS AND ANY USE BY ME OF THIS SITE SHALL CREATE A CONCLUSIVE PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS