PLEASE READ THIS AGREEMENT CAREFULLY.
WHEN YOU USE THIS WEB SITE YOU AGREE TO ABIDE BY THESE TERMS AND CONDITIONS OF USE.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEB SITE.
- AGREEMENT BETWEEN USER AND PHOENIX BRANDS LLC
- USE OF SITE. LIMITATIONS. CODE OF CONDUCT.
- COPYRIGHTS AND TRADEMARKS
- NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
- USER PARTICIPATION
- THIRD-PARTY LINKS
- APPLICABLE LAWS
AGREEMENT BETWEEN USER AND PHOENIX BRANDS LLC
USE OF SITE. LIMITATIONS. CODE OF CONDUCT.
Unless otherwise specified, the Nakoma Products Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Nakoma Products Web Sites.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Nakoma Products or to purchase Nakoma Products products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Nakoma Products is strictly prohibited. The use of materials on this Site on any other web site or computer network without Nakoma Products's written consent is expressly prohibited. Your use of the trademarks, service marks and trade names on this Site in any manner other than as authorized in these terms and conditions, as authorized by Nakoma Products, is strictly prohibited.
Harassment in any manner or form on the Site or any of the Nakoma Products Web Sites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Nakoma Products employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is illegal, libelous, obscene, defamatory, threatening, invasive of privacy or publicity rights, abusive, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
CODE OF CONDUCT
Although we are not responsible for the conduct of our users or any of the submissions they may make, we want the Site to be a place on the Internet where the content does not violate the rights of any person, offend or hurt people. Therefore, in using the Site, please DO NOT do any of the following:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including trademark, patents, privacy and publicity rights (e.g., using someone's name or likeness, other that person is a family member or friend who has specifically consented to your making the submission to this Site). Only submit materials that you own exclusively;
- publish falsehoods or make statements that could damage us or anyone else;
- submit material that is unlawful, obscene, false, misleading, defamatory, libelous, threatening, disparaging, pornographic, harassing, hateful, racially or ethnically offensive, give rise to civil liability, violate any law or is otherwise inappropriate;
- submit materials that promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
- post advertisements or solicitations of business;
- violate any local, state, national or international law or post any submission that would encourage or provide instructions for a criminal offense;
- misrepresent yourself, your age or your affiliation with any person or entity;
- use the Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- post or share any personally identifiable or private information of any third party;
- solicit passwords or personal information from anyone;
- post any material that contains software viruses, worms, Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Site; or
- engage in any predatory or stalking conduct, or intimidate or harass anyone.
The following are the basic do's and don'ts for interacting on our Site
- Be respectful of others, especially when disagreeing with them.
- Debate is great, but it should be done in a constructive way.
- Take responsibility for your own words.
COPYRIGHTS AND TRADEMARKS.
The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is the property of Nakoma Products. Nakoma Products also has a valid right from a third party to use material on the Site. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Nakoma Products, or other respective owners that have granted Nakoma Products the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written 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 (vi) 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. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Nakoma Products, 1 Landmark Square, 18th Floor, Stamford, CT 06901
TEL: 203 975 0351
FAX: 203 975 0352
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should note that there may be penalties for false claims under the DMCA.
We may, in appropriate circumstances and in our sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the Site.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING PHOENIX BRANDS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Nakoma Products does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Nakoma Products is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Nakoma Products reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Nakoma Products at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Nakoma Products in accordance with Nakoma Products's Privacy Statement.
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Statement, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Nakoma Products will have no obligations with respect to the Communications. Nakoma Products and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.
USER CHAT ROOMS.
Nakoma Products may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Nakoma Products, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of libel, privacy, obscenity, copyright, trademark, or otherwise.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Nakoma Products, Nakoma Products has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Nakoma Products. Nakoma Products has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Nakoma Products sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Nakoma Products seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Nakoma Products makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites. Nakoma Products does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, SOFTWARE, RECOMMENDATIONS, LINKS, AND OTHER MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PHOENIX BRANDS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. PHOENIX BRANDS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF DEFECTS OR ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. PHOENIX BRANDS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU (AND NOT PHOENIX BRANDS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR, OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL PHOENIX BRANDS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PHOENIX BRANDS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. HOWEVER, BY ACCESSING THE WEB SITE YOU AGREE THAT IN NO EVENT SHALL PHOENIX BRAND'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION [WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE0 OR ANY OTHER THEORY] EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.
You agree to indemnify, defend, and hold harmless Nakoma Products, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of Connecticut, U.S.A., without regard to choice of law provisions. Your use of this Site shall not be governed by the 1980 U.N. Convention on contracts for the international sale of goods. By accessing this Site, you agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Nakoma Products) shall be in the state or federal courts located in Fairfield County, Connecticut. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Nakoma Products) must be commenced within one (1) year after the claim or cause of action arises. Nakoma Products's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Nakoma Products may assign its rights and duties under this Agreement to any party at any time without notice to you.
Nakoma Products controls and operates this web site from the company's headquarters in Stamford, Connecticut, in the United States of America. We in no way imply or represent that the materials on this web site are appropriate or available for use outside of the United States or in territories where their content is illegal and is prohibited. If you choose to use this web site from locations outside of the United States, you do so on your own initiative and are responsible for compliance with any applicable local laws. Nakoma Products makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Connecticut.
By using this Site, you agree that Nakoma Products, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Each claim or statement about the effectiveness of Nakoma Products and/or each claim or statement comparing the effectiveness of Nakoma Products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
In the event a Nakoma Products or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Nakoma Products shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Nakoma Products shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Nakoma Products shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Nakoma Products without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination. In addition, Nakoma Products is entitled to suspend, restrict, or terminate all or part of this Site, or your access or use of it, at any time, without notice to you.
Nakoma Products may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Nakoma Products LLC
One Landmark Square, 18th Floor
Stamford, CT 06901