THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF... AVAILABLE THROUGH THE NATIONALDOUCHEBAGREGISTRY.COM ALSO REFERRED TO AS (NDR). TO...

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THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF... AVAILABLE THROUGH THE NATIONALDOUCHEBAGREGISTRY.COM ALSO REFERRED TO AS (NDR). TO...
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SERVICES AND PRODUCTS
AVAILABLE THROUGH THE NATIONALDOUCHEBAGREGISTRY.COM ALSO REFERRED TO AS (NDR). TO AGREE
TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND
DO NOT USE OUR SERVICES.
TERMS SUMMARY:
1)
2)
3)
4)
All Sales are final and we do our best to make that CLEAR.
We are not responsible for typographical errors submitted to us.
We are not responsible for delivering products to an address provided to us incorrectly.
You will receive a tracking number via email for products shipped and an email receipt detailing purchases made on
our site.
5) If WE make an error we will correct it for you. ( Contact CUSTOMER SUPPORT )
6) We will update our terms. If/when we do we will note that there are updates.
7) We only do business with payment account holders or those that have told us that they have authorization to use the
payment account chosen.
8) We do not authorize any use or reproduction of our logo, products, or likeness unless specifically defined in the
authorized use section.
9) Most everything written below is to say we will provide what we’ve offered. PLEASE don’t say you changed your
mind. Once our product transaction is completed it’s too late.
10) We take your privacy and ours very serious, Please review our PRIVACY POLICY. and/or PayPal’s
11) No one will know who you are unless you choose otherwise. Seriously though; Please don’t sign up the CIA, FBI, or
IRS Directors etc. and not think there is a “potential” risk for all of us.
12) If we have to pay taxes we will pass on the honor to you as well.
Please read the following:
PAYMENTS, TAXES, AND REFUND POLICY
You agree that you will pay for all products you purchase through our service, and the NDR may charge your chosen payment
method for any products purchased and for additional amounts (including any taxes that may be applicable) that may be accrued
by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR
PROVIDING THE NDR WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product plus any applicable sales tax; such sales tax is based on the bill-to address
and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where goods are taxable.
All customized product sales are final.
Prices for products offered through the NDR may change at any time, you will always know your total cost at time of checkout.
If a product becomes unavailable following a transaction but prior to delivery if applicable, your sole remedy is a refund. If
technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement
or refund of the price paid, as determined by the NDR.
By ordering products, you are authorizing the NDR and our financial service provider to automatically charge your account and
upload content to our registry. Again, this transaction is automated from the time of purchase and considered final. Items such as
apparel and non-custom products may be returned within seven business days of receipt.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO
BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT
TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS
YOU ENTER INTO ON THIS SITE. In order to access and retain your electronic records, you may be required to have certain
hardware and software, which are your sole responsibility.
REQUIREMENTS FOR USE OF OUR SERVICE
NDR products are offered only to those 18 years and older utilizing an authorized form of payment personally owned or that you
have obtained authorization to use. By purchasing product from us our belief is that the payment account owner reviewed this
agreement and understands our terms as well.
USER ACCOUNT
As a registered user of our service, you may establish an account ("Account"). You are solely responsible for maintaining the
confidentiality and security of your account and for all activities that occur on or through your account. The NDR shall not be
responsible for any losses arising out of the unauthorized use of your account.
You agree to provide accurate and complete information when you register with, and as you use our services.
INTELLECTUAL PROPERTY
You agree that the NDR Service, including but not limited to NDR Products, graphics, user interface, audio clips, video clips,
editorial content, and the scripts and software used to implement the NDR Service, contains proprietary information and material
that is owned by the NDR and/or its licensors, and is protected by applicable intellectual property and other laws, including but
not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except
for use of the NDR Service in compliance with this agreement. No portion of our Services may be reproduced in any form or by
any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create
derivative works based on the NDR Service in any manner, and you shall not exploit the NDR Service in any unauthorized way
whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this agreement, the NDR and its licensors reserve the right to change, suspend, remove,
or disable access to any products, content, or other materials comprising a part of the NDR Service at any time without notice. In
no event will the NDR be liable for making these changes. The NDR may also impose limits on the use of or access to certain
features or portions of our service, in any case and without notice or liability.
All copyrights in and to the NDR Service (including the compilation of content, postings, links to other Internet resources, and
descriptions of those resources) and related software are owned by the NDR and/or its licensors, who reserve all their rights in
law and equity. THE USE OF THE SOFTWARE OR ANY PART OF OUR PRODUCTS, SERVICE, AND LIKENESS
EXCEPT FOR USE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE
INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL
PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
National Douchebag Registry, the NDR logo, website, apparel, products and other NDR trademarks, service marks, graphics, and
logos used in connection with our service are trademarks or registered trademarks. Other trademarks, service marks, graphics,
and logos used in connection with the NDR Service may be the trademarks of their respective owners. You are granted no right
or license with respect to any of the aforesaid trademarks and any use of such trademarks.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
THE NDR DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME THE NDR MAY REMOVE THE
SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO
YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH OUR SITE (EXCEPT AS
EXPRESSLY STATED BY US) PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION
OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL THE NDR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR
CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OUR SERVICE OR FOR ANY OTHER CLAIM
RELATED IN ANY WAY TO YOUR USE OF THE NDR SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS
OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE
USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
NDR SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE NDR'S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
THE NDR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN
CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT
YOUR SOLE RISK, AND THE NDR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR
LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
THE NDR CAN NOT REPRESENT OR GUARANTEE THAT OUR SERVICE WILL BE FREE FROM LOSS,
CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND THE
NDR DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE NDR SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD
THE NDR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS
HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR
USE OF OUR SERVICE, OR ANY ACTION TAKEN BY THE NDR AS PART OF ITS INVESTIGATION OF A
SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A
VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY
DAMAGES FROM THE NDR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR
CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE OUR SERVICE, OR TO TAKE
ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE
NDR’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND
INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS
AGREEMENT.
CHANGES
The NDR reserves the right at any time to modify this agreement and to impose new or additional terms or conditions on use of
our service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this
agreement. Your continued use of services will be deemed acceptance thereof and links to this agreement shall appear at each
opportunity of purchase.
MISCELLANEOUS
This agreement constitutes the entire agreement between you and the NDR and governs your use of our service, superseding any
prior agreements between you and the NDR. You also may be subject to additional terms and conditions that may apply when
you use affiliate services, third-party content, or third-party software. If any part of this agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the
original intentions of the parties, and the remaining portions shall remain in full force and effect. NDR's failure to enforce any
right or provisions in this agreement will not constitute a waiver of such or any other provision. The NDR will not be responsible
for failures to fulfill any obligations due to causes beyond its control.
The NDR Service is operated from its offices in the United States. You agree to comply with all local, state, federal, and national
laws, statutes, ordinances, and regulations that apply to your use of the NDR service. You expressly agree that exclusive
jurisdiction for any claim or dispute with the NDR or relating in any way to your use of the NDR’s Service resides in the courts
in the State of Illinois.
The NDR reserves the rights to take steps we believe are reasonably necessary or appropriate to enforce and/or verify compliance
with any part of this agreement. You agree that the NDR has the right, without liability to you, to disclose any Registration Data
and/or Account information to law enforcement authorities, government officials as the NDR believes is reasonably necessary or
appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the NDR's right to
cooperate with any legal process relating to your use of the service and/or NDR Products that your use of the NDR Service and/or
NDR Products is unlawful and/or infringing such third party's rights).
Advertising and/or links moving you away from the NDR environment
You understand that by using any of the links or external services that may be posted on the NDR website you will need to
adhere to their policies. You may encounter content that may be deemed offensive, indecent, or objectionable, which content may
or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may
automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the
External Services at your sole risk and that neither the Licensor nor its agents shall have any liability to you for content that may
be found to be offensive, indecent, or objectionable.
Certain External Services may display, include or make available content, data, information, applications or materials from third
parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you
acknowledge and agree that neither the Licensor nor its agents is responsible for examining or evaluating the content, accuracy,
completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party
Materials or web sites. Neither the Licensor nor its agents warrant or endorse and does not assume and will not have any liability
or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other
materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a
convenience to you.
In the case that financial information is displayed by any External Services it should be viewed as general informational purposes
only and should not be relied upon as investment advice. Before executing any securities transaction based upon information
obtained through the External Services, you should consult with a financial or securities professional who is legally qualified to
give financial or securities advice in your country or region. Location data provided by any External Services is for basic
navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or
where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or
environmental damage. Neither the Licensor, nor its agents, nor any of its content providers guarantees the availability, accuracy,
completeness, reliability, or timeliness of stock information, location data or any other data displayed by any External Services.
You agree that the External Services contain proprietary content, information and material that is owned by Licensor and/or its
agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and
that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the
External Services or in any manner that is inconsistent with the terms of this Standard EULA or that infringes any intellectual
property rights of a third party or the NDR. No portion of the External Services may be reproduced in any form or by any means.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any
manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using
the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening
network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or
otherwise infringe or violate the rights of any other party, and that neither Licensor nor its agents is in any way responsible for
any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions
that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the NDR site
are not available in all languages or in all countries or regions. Licensor makes no representation that such External Services and
Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External
Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including
but not limited to applicable local laws. Licensor reserves the right to change, suspend, remove, or disable access to any External
Services at any time without notice. In no event will Licensor be liable for the removal of or disabling of access to any such
External Services. Licensor may also impose limits on the use of or access to certain External Services, in any case and without
notice or liability.
Rights and Permissions
If you have any questions concerning the usage or licensing of the NDR’s copyrighted materials, for example, photographs, video
footage, NDR advertisements or other NDR materials, please submit your detailed request in writing. Please be sure to include
any surrounding copy or text to the material.
Marketing or advertising requests (which may include promotions/giveaways, sponsorship, product placement and partnership
requests) may be emailed to Advertising.
For use of NDR copyrighted material in third party works e.g., books, blogs, our forum or publications, please submit your
detailed request to Copyright Information and include the following:
•
•
•
•
•
•
•
Specific image(s) or material for which you are seeking permission
Surrounding copy or text to the NDR material you wish to use in your project
Publisher, if applicable
Publishing date, if applicable
Title, if applicable
How the NDR and its products fit into your project
Your deadline
( Guidelines for Third Parties Using NDR Trademarks and Copyrights)
These guidelines are for NDR licensees, authorized resellers, developers, customers, and other parties wishing to use NDR’s
trademarks, service marks or images in promotional, advertising, instructional, or reference materials, or on their web sites,
products, labels, or packaging. Use of the NDR Logo or other products for commercial purposes without the prior written consent
of the NDR may constitute trademark infringement and unfair competition in violation of federal and state laws. Use of NDR
trademarks may be prohibited, unless expressly authorized.
If you are a licensee of an NDR trademark or logo and have been provided with special trademark usage guidelines with your
license agreement, please follow those guidelines. If your license agreement does not provide usage guidelines, then follow these
guidelines. If you are an NDR Authorized Reseller or member of an NDR program, you may be subject to additional restrictions.
NDR’s trademarks, service marks, trade names, and trade dress are valuable assets. In following these guidelines, you help us
protect our valuable trademark rights and strengthen our corporate and brand identities. By using an NDR trademark, in whole or
in part, you are acknowledging that the NDR is the sole owner of the trademark and promising that you will not interfere with
NDR’s rights in the trademark, including challenging NDR’s use, registration of, or application to register such trademark, alone
or in combination with other words, anywhere in the world, and that you will not harm, misuse, or bring into disrepute any NDR
trademark. The goodwill derived from using any part of an NDR trademark exclusively inures to the benefit of and belongs to the
NDR. Except for the limited right to use as expressly permitted under these Guidelines, no other rights of any kind are granted
hereunder, by implication or otherwise. If you have any questions regarding these guidelines, please talk to your NDR
representative or submit your query to NDR’s Communications Department.
Unauthorized Use of NDR Trademarks
1. Company, Product, or Service Name: You may not use or register, in whole or in part, The National Douchebag Registry, or
any other NDR trademark, including NDR-owned graphic symbols, logos, icons, or an alteration thereof, as or as part of a
company name, trade name, product name, or service name except as specifically noted in these guidelines.
2. NDR Logo and NDR-owned Graphic Symbols: You may not use the NDR Logo or any other NDR-owned graphic symbol,
logo, or icon on or in connection with web sites, products, packaging, manuals, promotional/advertising materials, or for any
other purpose except pursuant to an express written trademark license from the NDR, such as a reseller agreement.
3. Variations, Takeoffs or Abbreviations: You may not use an image of a NDR seal, a real douchebag or other variation of the
NDR logo for any purpose. Third parties cannot use a variation, phonetic equivalent, foreign language equivalent, takeoff, or
abbreviation of an NDR trademark for any purpose. For example:
Not acceptable: Douche wear
Douchebag Products in relation to our business
4. Disparaging Manner: You may not use an NDR trademark or any other NDR-owned graphic symbol, logo, or icon in a
disparaging manner.
5. Endorsement or Sponsorship: You may not use the NDR or any other NDR trademark, including NDR-owned graphic
symbols/logos, or icons, in a manner that would imply the NDR’s affiliation with or endorsement, sponsorship, or support of a
third party product or service.
6. Merchandise Items: You may not manufacture, sell or give-away merchandise items, such as T-shirts and mugs, or other
materials bearing Douchebag, or any other NDR trademark, including symbols, logos, or icons, except pursuant to an express
written trademark license from the NDR or proof or prior ownership and wrights to November, 21. 2013 .
7. NDR’s Trade Dress: You may not imitate the distinctive NDR packaging, web site design, logos, or typefaces.
8. Slogans and Taglines: You may not use or imitate an NDR slogan or tagline.
9. Domain Names: You may not use an identical or virtually identical NDR trademark as a second level domain name.
xxxxx.(anything) com,net,info,mobi,co,info,biz,us, etc. obtained after November 21, 2013.
Example: Non acceptable: “douche.com” “globaldouchebagregistry.com”
“Youradouchebag.com” “Douchebagproducts.com”
“Whosadouchebag.com”
NDR User Conduct
In use of this site, including the use and posting on our Forum you agree to not:
1.Submit or otherwise transmit any materials including but not limited to text, data,
photos, graphics, or any of these elements
in combination as a design for products
available on this site or otherwise ("Content") that are unlawful, harmful,
threatening,
abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent,
inflammatory. libelous,
tortuous, hateful, racially, ethnically, socially, politically, legally,
morally, religiously objectionable or otherwise objectionable,
or invasion of another's rights including but not limited to rights of celebrity, privacy and intellectual property. Use of the NDR
website, our products, and services are intended for entertainment only.
2. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
3. Submit or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright or other
intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created
yourself from
original elements. This means you can't use images of celebrities or corporate products, nor images, text, or
design that you've copied from a website without written permission
from the owner.
4. Submit or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any
party, or that would otherwise create liability or
violate any local, state, national, or international law.
5. Submit or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, or any other form of solicitation on our site.
6. Submit or otherwise transmit any material that contains software viruses or any other
computer code, files or programs
designed to interrupt, destroy, gather information, spy or limit the functionality of any computer software or hardware or
telecommunications equipment.
7. Submit or otherwise transmit false or misleading information
8. Disrupt or interfere with the security of, or otherwise abuse, the website, or any services,
system resources, accounts,
servers, or networks connected to or accessible through the
Site or affiliated or linked websites.
9. Access, tamper with or use non-public areas of the website. Unauthorized individuals attempting to access these areas of the
Site may be subject to prosecution.
10. Disrupt or interfere with any other user's enjoyment of the NDR website or affiliated or linked
websites.
11. Frame or link to the NDR website except as permitted in writing by the NDR.
You acknowledge that the NDR does not pre-screen submitted content, but that the NDR and its designers shall have the right
(but not the obligation) in their sole discretion to reject or remove any content that is stored on or otherwise available via the
site. Upon placing your order, you acknowledge that the NDR may review your order and the content it contains for adherence
to our guidelines and compliance with the terms and conditions set forth in this agreement.
You acknowledge and agree that the NDR may preserve content and may also disclose content if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce
this agreement; (iii) respond to claims that any content violates the rights of third-parties; or (iv) protect the rights, property, or
personal safety of the NDR, its users and the public.
You understand that the technical processing and operation of the Site, including your content, may involve (i) transmissions
over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices. You
agree that you are responsible for actions and communications undertaken under your account. The NDR takes no
responsibility and assumes no liability for any content uploaded or otherwise transmitted by or to you or by or to any thirdparty, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity
you or a third party may encounter. You agree to waive any claims against the NDR and its affiliates, contractors, agents and
employees for losses, damages and injuries which are based on or relate to communications, content or materials on the site.
You agree to indemnify the NDR and its affiliates from all claims and expenses, including reasonable attorney's fees, which
claims are based on or arise from your violation of any of the provisions of this agreement.
You agree that you will use this site and any products ordered on this Site in accordance with all applicable United States
federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights
of any person or entity.
Proprietary Rights
You acknowledge and agree that any content, including but not limited to text, data, photos, graphics, etc. or other material
contained or distributed on or through the Site, by the NDR, its advertisers or other third parties, is protected by trademarks,
service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any content received or
produced through the Site without the authorization of the content owner. You agree not to publish, reproduce, copy, in whole
or in part, nor upload, download, post, email, sell, or otherwise distribute content available through the site, in violation of
applicable copyright and other intellectual property laws. You retain all ownership rights to your content submitted to the site.
By submitting content to the NDR, you grant us a nonexclusive, worldwide, transferable license to use, copy, reproduce,
modify, publicly display, and distribute your content if we see fit.
The intellectual property rights in or relating to the content of any notes, messages, emails, postings, letters, ideas, suggestions,
concepts or other written materials which you submit or communicate to the NDR (excluding your content you submit) will
automatically be deemed to be assigned, granted and transferred by you to the NDR upon their submission or communication
to the NDR, and you do assign all rights therein to the NDR and agree that the same will automatically become the property of
the NDR and that the NDR may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials
and all of the intellectual property rights therein in any way and for any purpose the NDR may elect, forever.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this agreement by reference. All prices are in US dollars.
Prices and products may change at the NDR’s discretion. Title and risk of loss for all products ordered by you shall pass to you
on NDR shipment to the shipping carrier. All Purchases are final and subject to NDR’s processing procedures. If we made an
error we will fix it. If you made an error please understand we cannot un-list, reprint, etc our property once purchased. One day
it may be different but for now we do not accept returns. Please do not purchase products if you do not agree. We will
understand.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or
current. We therefore 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).Please note that such errors, inaccuracies or
omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of
products (including after you have submitted your order)for any reason, including, without limitation, if the product violates
any terms of this agreement. Assignment
This agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without the prior
written consent of the NDR notwithstanding the foregoing, this agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.
Relationship
Without limiting any other provision of this agreement, this agreement creates no agency, partnership, joint venture or
employee-employer relationship between You and the NDR.
Third-Party Websites
The NDR website may contain links to websites operated by third parties ("Third-Party Websites"). The NDR does not have
control over these Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. NDR
has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party
Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability
for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or
use of any content, software or other materials available there from.
Integration Clause
This agreement (and any documents referred to in it) with the nonexclusive license agreement contains the whole agreement
between the parties relating to the transactions contemplated by this agreement and supersedes all previous understandings
and agreements between the parties relating to these transactions. Each party acknowledges that, in agreeing to enter into this
agreement, it has not relied on any representation, warranty, collateral contract or other assurance (except those set out in this
agreement and any documents referred to in it) made by or on behalf of any other party or any other person whatsoever
before the execution of this agreement. Each party waives all rights and remedies which, but for this clause, might otherwise be
available to it in respect of any such representation, warranty, collateral contract or other assurance, provided that nothing in
this clause shall limit or exclude any liability for willful misconduct or fraud."
USE COMMON SENSE IN ALL YOUR ONLINE ACTIVITIES
Even the best policy can't protect your online privacy and security in all circumstances. Unscrupulous advertisers, hackers, and
scam artists are constantly searching the Internet looking for new targets. Your best protection is to understand the limits to
privacy on the Internet and use common sense in all of your on-line activities.
Be aware that e-mail is an inherently insecure form of communication. Remember that third parties are sometimes able to
illegally intercept your unencrypted messages, including online greetings. Anytime you visit a chat room or post a message to an
on-line bulletin board, your e-mail address can be accessed by advertisers looking to compile lists for unsolicited commercial email (also known as spam). Be sure that you only disclose your e-mail address in circumstances in which it is safe to do so.
Beware of scams in which persons unknown to you request your screen name, password, or credit card information. Make sure
you verify the identity of anyone asking for personal information. Always monitor your children's on-line activities and educate
them as to the rules for safe Internet use. For more information, click here for the Internet Education Foundation's Online Safety
Guide for Kids.