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IndividualiTeesTM Terms and Conditions
Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND
CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site
agree that access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this
site.
Copyright
The entire content included in
this site, including but not limited to text, graphics or code is copyrighted as
a collective work under the United States and other copyright laws, and is the
property of IndividualiTees, LLC. The collective work includes works that are
licensed to IndividualiTees, LLC. Copyright 2007, IndividualiTees, LLC ALL
RIGHTS RESERVED. Permission is granted to electronically copy and print hard
copy portions of this site for the sole purpose of placing an order with
IndividualiTees, LLC or purchasing IndividualiTees, LLC products. You may
display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from
the different areas of the site solely for your own non-commercial use, or to
place an order with IndividualiTees, LLC or to purchase IndividualiTees, LLC
products. Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by IndividualiTees, LLC. You further agree not to
change or delete any proprietary notices from materials downloaded from the
site.
Trademarks
All trademarks, service marks
and trade names of IndividualiTees, LLC used in the site are trademarks or
registered trademarks of IndividualiTees, LLC
Warranty
Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law, IndividualiTees,
LLC disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. IndividualiTees, LLC does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes the site
available are free of viruses or other harmful components. IndividualiTees, LLC
does not make any warranties or representations regarding the use of the
materials in this site in terms of their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
IndividualiTees,
LLC shall not be liable for any special or consequential damages that result
from the use of, or the inability to use, the materials on this site or the
performance of the products, even if IndividualiTees, LLC has been advised of
the possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical
Errors
In the event that a IndividualiTees, LLC product is
mistakenly listed at an incorrect price, IndividualiTees, LLC reserves the right
to refuse or cancel any orders placed for product listed at the incorrect price.
IndividualiTees, LLC reserves 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, IndividualiTees, LLC shall issue a credit to your credit card account
in the amount of the incorrect price.
Term;
Termination
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 part of them, may be terminated by
IndividualiTees, LLC without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any
termination.
Notice
IndividualiTees, LLC may
deliver notice to you by means of e-mail, a general notice on the site, or by
other reliable method to the address you have provided to IndividualiTees,
LLC.
Miscellaneous
Your use of this site shall be
governed in all respects by the laws of the state of Georgia, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. 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
IndividualiTees, LLC products) shall be in the state or federal courts located
in Greene County, Georgia. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase of
IndividualiTees, LLC products) must be commenced within one (1) year after the
claim or cause of action arises. IndividualiTees, LLC'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. IndividualiTees, LLC may assign its rights and
duties under this Agreement to any party at any time without notice to
you.
Use of Site
Harassment in any manner or form
on the site, including via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others, including a
IndividualiTees, LLC or other licensed employee, host, or representative, as
well as 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
libelous, defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may constitute or
encourage a criminal offense, violate the rights of any party or which may
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.
Participation
Disclaimer
IndividualiTees, LLC 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, IndividualiTees, LLC 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, IndividualiTees, LLC 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)
offensive or otherwise unacceptable to IndividualiTees, LLC in its sole
discretion.
Indemnification
You agree to
indemnify, defend, and hold harmless IndividualiTees, LLC, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") 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 account (including negligent or
wrongful conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links
In an attempt
to provide increased value to our visitors, IndividualiTees, LLC may link to
sites operated by third parties. However, even if the third party is affiliated
with IndividualiTees, LLC, IndividualiTees, LLC has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of IndividualiTees, LLC. These linked sites are only for your
convenience and therefore you access them at your own risk. Nonetheless,
IndividualiTees, LLC seeks to protect the integrity of its web 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).
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