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Terms and Conditions
Acceptance of Terms and Conditions
PLEASE READ THE FOLLOWING TERMS OF USE AND
DISCLAIMER CAREFULLY BEFORE USING THIS WEBSITE.
By using this Website, you agree to all of these terms of use. Placing an order indicates your acceptance of all terms and policies stated herein. If you do not agree to these terms, you should not use our service. BrandName USA, LLC ("BrandName USA") reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such modifications, alterations, or updates. These Terms of Service will govern your use of BrandNameUSA.com. BY USING ANY OF THE SERVICES AVAILABLE ON THE SITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
Disclaimer
The products, services, information, and materials contained in this website, including, without limitation, text, graphics, and links, are provided on an "as is" basis with no warranty. To the maximum extent permitted by law, BrandName USA disclaims all representations and warranties, expressed or implied, with respect to such information, products, services, and materials, including, but not limited to warranties of merchantability, fitness for a particular purpose, title, noninfringement, freedom from computer virus, and implied warranties arising from course of dealings or course of performance. In addition, BrandName USA does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice.
Order Information/Privacy Policy
Any information provided by you or gathered by BrandName USA or third parties during any visit to BrandName USA shall be subject to the terms of the BrandName USA Privacy Policy, which is incorporated herein by reference. BrandName USA reserves the right to offer you third party services and products.
BrandName USA reserves the right to terminate services if BrandName USA learns that you have provided false or misleading order information.
Termination
BrandName USA reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your subscription(s) with or ability to access BrandName USA service(s) provided to you by BrandName USA upon any breach by you of the Terms of Service.
Modifications of these Terms of Service
BrandName USA may modify these Terms of Service from time to time at its sole discretion. Each time you enter the BrandNameUSA.com website, you will be deemed to have accepted any such changes.
Modifications to BrandNameUSA.com
BrandName USA may modify BrandNameUSA.com with or without notice to you and without liability to you or any third party.
Copyright and Trademark Information
Brand Name USA, BrandName USA, brandnameusa, USA NameBrand, and NameBrand USA logos, trademarks, and servicemarks are properties of BrandName USA, LLC. No part of this website's design, to include the look and feel thereof, no text, graphics and/or images may be duplicated, reproduced or transmitted. Unauthorized use of any and all materials, electronic or printed, constitutes copyright infringement and is punishable to the fullest extent of the law.
Advertising and Third Party Links
This site may contain advertisement links to other sites on the Internet that are owned and operated by third party vendors and other third parties ("External Hyperlinks"). BrandName USA has no control over its advertisers' privacy policies, and encourages users to review such policies prior to submitting any personal information to them. You acknowledge that BrandName USA is not responsible for the availability of, or the content located on or through, any External Hyperlink. BrandName USA has no control of either the content or privacy policies of such sites, nor should such links be considered an endorsement of these sites except where otherwise noted. You should contact the site administrator or Webmaster for that External Hyperlink if you have any concerns regarding such links or the content located on such External Hyperlinks.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF BrandName USA IS AT YOUR SOLE RISK. BrandName USA IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BrandName USA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
BrandName USA MAKES NO WARRANTY THAT BrandName USA SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT BrandName USA WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BrandName USA MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOOLS ON BrandName USA. BrandName USA WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF BrandName USA.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF BrandName USA IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT BrandName USA DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. BrandName USA IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
BrandName USA SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN BrandName USA. YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BrandName USA, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
BrandName USA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH BrandName USA OR ANY TRANSACTIONS ENTERED INTO THROUGH BrandName USA.
BrandName USA IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE BrandName USA SITE. As a convenience to our members, we may provide links to resources which are beyond our control. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against BrandName USA with respect to such sites.
Limitation of Liability
BrandName USA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE BrandName USA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH BrandName USA OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF BrandName USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold each of BrandName USA, their affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of BrandName USA, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflicts of laws provisions. By registering for or entering BrandName USA, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in California or Nevada.
Remedies for Breach of these Terms by You
In the event that BrandName USA determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the community of BrandName USA, BrandName USA reserves the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to BrandName USA; (iii) delete all content provided by you to BrandName USA; (iv) discontinue your subscriptions(s) with BrandName USA; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which BrandName USA deems to be appropriate.
If your subscription(s) with or ability to access BrandName USA and/or any other service provided to you by BrandName USA is discontinued by BrandName USA due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of BrandName USA, then you agree that you shall not attempt to re-register with or access BrandName USA, and/or any other service provided by BrandName USA, through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, BrandName USA reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (ii), (iii), (iv), (v) and (vi) above without any notice or warning to you.
Miscellaneous
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
BrandName USA may assign its rights and obligations under these Terms of Service and upon such assignment BrandName USA may be relieved of any further obligation hereunder.
You represent to BrandName USA that you have the authority to order from or visit BrandName USA according to these Terms of Service. BrandName USA does not encourage, solicit, or permit visitors who are known to be under the age of 13 to subscribe to BrandName USA services.
These Terms of Service and any Additional Terms (as such terms shall be identified when posted on BrandName USA) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of BrandName USA, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
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