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This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of Authentic Brands Group and may also contain Intellectual Property of Authentic Brands Group's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms and Conditions shall be interpreted as granting any license of Intellectual Property rights to you.
Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. Liberated Brands USA, LLC reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. Liberated Brands USA, LLC, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action Liberated Brands USA, LLC determines appropriate under the circumstances.
All orders placed through the Website are subject to Liberated Brands USA, LLC's acceptance. This means that Liberated Brands USA, LLC may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Liberated Brands USA, LLC will issue you a refund. This Website may contain typographical errors or technical inaccuracies.
Liberated Brands USA, LLC is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LIBERATED BRANDS USA, LLC DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Liberated Brands USA, LLC cannot guarantee and does not promise any specific results from use of the Website. Liberated Brands USA, LLC does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, Liberated Brands USA, LLC does not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. Liberated Brands USA, LLC reserves the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You hereby agrees to indemnify, defend, and hold harmless, Liberated Brands USA, LLC, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Website in violation of these Terms and Conditions. Liberated Brands USA, LLC has the right to control any defense pertaining to this section.
Notwithstanding any other provision set forth in these Terms and Conditions, Liberated Brands USA, LLC shall not be liable for any failure or delay in its performance due to any cause beyond Liberated Brands USA, LLC;s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that Liberated Brands USA, LLC shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.
Nothing in these Terms and Conditions is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between Liberated Brands USA, LLC and you.
GOVERNING LAW & JURISDICTION
WAIVER, SEVERABILITY & ENTIRE AGREEMENT
Liberated Brands USA, LLC's failure to insist upon or enforce strict performance of any of these Terms and Conditions shall not be considered a waiver of any provision or right. Neither the course of conduct between Liberated Brands USA, LLC and you, nor trade practice, shall modify any of these Terms and Conditions. Liberated Brands USA, LLC may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. If any provision in these Terms and Conditions is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms and Conditions and the remaining provisions shall continue to be valid and enforceable. These Terms and Conditions constitute the full and entire understanding and agreement between Liberated Brands USA, LLC and you pertaining to use of the Website. These Terms and Conditions remain in effect even after your account is terminated.