TERMS AND CONDITIONS
Welcome to www.fredblackstore.com (the “Website”), which is owned and operated by Fred Black, LLC aFlorida limited liability company ( “Fred Black”, the “Company”, “we”, “us” or “our”). All references to theWebsite include this URL, as well as micro-sites related to this URL, as well as other websites or pages owned bythe Company. All references to the Company include the affiliates of the Company.
THIS AGREEMENT GOVERNS NOT JUST USES OF THE WEBSITE, BUT ALL INTERACTIONS WITH THECOMPANY, WHETHER ON THE WEBSITE, OR IN STORE, OR OVER THE PHONE, OR IN ANY OTHERMETHOD. THIS AGREEMENT APPLIES TO ALL PURCHASES OF OUR PRODUCTS, WHETHERTHROUGH THE WEBSITE, IN- STORE, THROUGH CLIENT SERVICES, THROUGH A STYLIST, OROTHERWISE. PLEASE CAREFULLY REVIEW THIS AGREEMENT, SO THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE, AS WELL AS THE USE OF OUR SERVICES AND PURCHASES OF OUR PRODUCTS, INCLUDING IN STORE.YOUR INTERACTION WITH US MAY INCLUDE CORRESPONDENCE BY TEXT. PLEASE NOTE THAT STANDARD TEXT MASSAGE RATES MAY APPLY AND YOU ARE RESPONSIBLE FOR ANY COSTS OR FEES INCURRED IN CONNECTION WITH SENDING OR RECEIVING TEXTS TO OR FROM US.
This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for anypurpose, as well as any visitor, purchaser, or other who visits our stores, or utilizes our services, or otherwisepurchases our goods or services, or is a prospective consumer of our goods or services (“User” or “you” or“your”). The Company provides this Agreement to notify all such users of the Company’s terms and conditionswhich govern their use of this Website and/or any purchase or any other uses of any of the Company’s Products.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY OF OUR PRODUCTS IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THIS WEBSITE.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF ALL PRODUCTS. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
By visiting this Website, you agree to the following:
- Definitions. In addition to all other defined terms in this Agreement, the following terms have the following meaning:
- “Access Right” has the meaning set forth in Section 2
- “Fred Black Account” or “Fred Black Account of a Fred Black Purchaser” has the meaning set forth in Section 5
- “Products” has the meaning set forth in Section 5
- “Fred Black Purchaser” has the meaning set forth in Section 5
- “Company IP Assets” has the meaning set forth in Section 3
- “Content” has the meaning set forth in Section 2
- “Server” or “Company Server” means the computer software or hardware that serves and hosts the Website to users across the
- “Purchase” or “order” have the meaning set forth in Section 5
- “User” has the meaning set forth above in this Agreement; for clarity, the term ”User”shall include any Fred Black Purchaser who uses this Website to procure any Products as contemplated by Section 5 of this
- Access; Conditions to Use of this Website.
- Subject to all of the terms and conditions of this Agreement, Company hereby grants to a User a non-exclusive, revocable, and limited right to access and use this Website, including without limitation the use of this Website to procure any of the Products, in strict compliance with this Agreement (“Access Right”) or with anyother agreement that the User has entered into with the The Company reserves the right to suspend orrevoke this Access Right at the Company’s discretion without notice. Notwithstanding the foregoing Access Right,Company also has the right to change, suspend, or discontinue any (or all) aspects or features of this Website atany time, and from time to time, including the availability of any
content or features on this Website or of any of the Products made available through this Website. This AccessRight granted to a User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
- User shall be responsible for obtaining and maintaining any equipment or ancillary services neededto connect to or access this Website, including, without limitation, Internet connections, modems, hardware,software, and long distance or local telephone
- As a condition of each user’s use of this Website (including without limitation the use of thisWebsite to procure any of the Products), each user hereby covenants to Company that: (a) User shall not use theWebsite or any Products: (i) for any unlawful purpose or for any purpose that is prohibited by this Agreement; or (ii) in any manner that could damage, disable, overburden, or impair this Website or any Servers, or that would interfere with any other party's use and enjoyment of this Website; and (b) User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this
- Notwithstanding any assistance that Company may provide, the User assumes sole responsibility for the uploading and updating of any Content of that User (if any) as may be available through this
- Users further agree as follows:
- Without limiting the generality of the foregoing, each user agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through this Website any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information (collectively, "Content") that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junkmail and junk e-mail; (f) User will not use this Website for purposes not authorized by Company; and (g) User will not use this Website for any illegal purpose or any fraudulent scheme or
- Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of this Website or anyCompany Server (as defined herein), including, without limitation, (i) accessing data not intended for such Useror logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or testthe vulnerability of a system or network or to breach security or authentication measures without properauthorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or networksecurity (including, but not limited to, that of this Website or any Company Server) may result in civil or criminalliability; and (c) Company has the right to investigate occurrences that may involve such violations and mayinvolve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such Company also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any Userand anything a User does with respect to this Website. By User’s use of this Website, each User authorizesCompany to take such action.
- In the event this Website, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Website, User hereby represents and warrants to Company that User has the lawful right to distribute and reproduce such Also, User is solely responsible for its conduct (and the conduct of its users) while using the Website, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Website. Company takes no responsibility for any such online distribution or publication by User or by any other party. Company cannot and will not review every message or other Content that User or any other party may generate or post, and Company is not responsible for the Content thereof.
- In addition to any other right to terminate this Agreement, Company hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this
- Copyrights, Trademarks, and other Intellectual Property Rights; Reservation of Rights.
- The Company’s policy is to respect the copyright, trademarks, and intellectual property rights of others. Company has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any User who (in Company’s determination) appear to infringe upon the copyright, trademarks, or intellectual property rights of others, and/or (ii) remove any such Content from a User from the Website, in Company’s determination, may infringe the copyright, trademarks, or other intellectual property rights of any third
- Each User agrees to the following:
- Company or its licensors own all rights, title and interest, in the U.S. and elsewhere, in and to alltrademarks, service marks (whether registered or common law marks), logos, and any other trade names displayedon or in the Website and/or displayed or embodied in any and all of the Products (hereinafter collectivelyreferred to as “Trademarks/Trade Dress”). Users shall not use any Trademarks/Trade Dress in connection with anyproduct or service that is not owned by the Company in any manner that is likely to cause confusion among customers, orin any manner that disparages or discredits the All other trademarks
not owned by the Company that appear in the Website or in any Fred Black Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
- All content included on or made available through the Website or in any other material associated with any Products, including without limitation any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of the Company or its licensors and are protected by UnitedStates and international copyright laws (collectively, “Works”).
- Without limiting the provisions of Section 2.1 or 3.2.2 above, User hereby acknowledges and agrees that the Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined in Section 3.1.1 above), all Works (as defined in Section 3.1.2 above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, all the Websites or otherwise used by Company in association with or in the furtherance of any Products or any other aspect of Fred Black’s business (collectively “Company IPAssets”).
- The Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectualproperty laws of both the United States and other This Agreement shall not be interpreted to: (i) grant anyrights to any User in or to any of the Company IP Assets except for the limited Access Right set forth and subjectto the terms and conditions of Section
2.1 of this Agreement; or (ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from Company to any Users.
- Company IP Assets may not be used by User without the prior written permission from the Company,and then only with proper Any rights not expressly granted herein to User are reserved toCompany. In addition to any other conditions on User’s Access Right as set forth in this Agreement, User’s AccessRight is subject to the following additional conditions: (i) User shall not modify, disassemble, decompile or reversetranslate or create derivative works from any of the Company IP Assets or otherwise attempt to derive any sourcecode of the same or let any third party do the same; (ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast orotherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of Company (which Company may or may not grant in its sole discretion); (iii) User shall not remove,alter, cover or obscure any copyright notices or other proprietary rights notices of Company or any other partyplaced on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies ofthe same; and (iv) use of any of the Company IP Assets is prohibited unless User is an authorized User in goodstanding. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
- User agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
- User agrees that: (i) if the User has any User Content or any User login or password that it uses in association with this Website (including without limitation in association with any Fred Black Account of an FredBlack Purchaser), then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this Website (including without limitation in association with any FredBlack Account of an Fred Black Purchaser), then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User, and (b) User will immediately notify Company of any unauthorized use of the User’s login and
- Without limiting any other provisions of this Agreement, all of the terms and conditions of the following are hereby incorporated into this Agreement by this reference:
- Purchase of Products; Fred Black Accounts
- Your Fred Black Account
- Registration of a Fred Black Account. You may access most areas of the Website and purchasegoods or services offered for sale by Fred Black to you, including but not limited to through the Website or in store(the “Products”), without registering an account with us, but certain areas and features of the Website will only beavailable to you if you register for an account (a “Fred Black Account”). If you choose to register for a Fred BlackAccount, you agree to complete the initial account registration process according to the requirements stated on theWebsite, and to provide accurate and complete information including, but not limited to, your legal name, and email
- Closing a Fred Black Account. You may voluntarily close your Fred Black Account at any timeby canceling it on the Website or by sending us an email to email@example.com in which you request that weterminate your Fred Black
- General Purchasing Conditions.
- Purchases. When making a purchase of any Products (a “purchase” or “order”), including without limitation when you make any payments for an order using any third party payment solutions provided through the Website, you must provide accurate and complete information (including your full and proper name) as required when making that order and when otherwise using a credit card or other payment card (such as the payment cardholder name, payment card number, expiration date, and if requested, payment card security code) at the time of submitting your order You represent and warrant to Fred Black that your use of a payment card in connection with any purchase you make on or through the Website (including without limitation any credit card payments you make for an order using any third party payment solutions) is authorized and legal.
- Accounts. As part of, and in order to complete, the purchase of Products, you must either: (i)use your Fred Black Account in order to complete your purchase of the Products: or (ii) provide any and allinformation that is required by this Website in order to complete your purchase of the Products as a guest purchaserwho does not have a Fred Black Account. For your protection, you must keep your user name and password You must immediately notify us at firstname.lastname@example.org if you learn or suspect that the security of your user nameor password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
- Pricing And Product Errors/Corrections. We endeavor to present current, accurate, and reliableinformation regarding our However, on occasion, this site may contain errors, inaccuracies, or omissionsthat may be with regard to product descriptions, pricing, promotions, offers, and availability. We reserve the rightto correct errors or to update product information at any time without prior notice. If a product is listed at anincorrect price due to an error on this site, to the fullest extent allowed by law, we reserve the right to refuse orcancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law,we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed andyour method of payment charged. If your method of payment has already been cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.
- Markdowns. From time to time, Company may, in its discretion, take seasonal markdowns or grant other discounts or Prices are as marked, and reflect the granted discount.
- Shipping Fees And Taxes. Prices displayed through the site do not include taxes or shipping For orders shipping within the US, sales tax will be charged at checkout on orders shipping to stateswhere sales tax is required to be collected by law for online purchases. Orders shipped to AZ, CA, CO, CT, DE,DC, FL, GA, HI, IL, MA, MI, MN,
MS, NE, NV, NJ, NY, OH, PA, TN, TX, UT, VA, WA, or WY will have all applicable local and state sales taxes added to your total order, and to your shipping.
- Not For Resale. You are expressly prohibited from using this Site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranties for claims for damages or otherwise, including all direct of consequential damages resulting from your intent to, attempt to, or actual resale of any product purchased from the Site.
- Back In Stock Notifications. If you use the ‘notify me’ feature for any specific items, we willsend you updates to let you know when it will be This notice will be sent to the email you give us whenyou are getting ready to check out. Our products sell out quickly, so product availability is not guaranteed.
- Promotion Codes. Only one promotion code may be used on any given order – promotioncodes cannot be Promotion codes cannot be applied to previous purchase and may not be used for thepurchase of physical gift cards or e-gift cards. Promotion codes are non-transferable and there is no cashalternative. Promotions codes must be redeemed by the date published, if provided. Some promotion codes may only be used online and may not be valid at certain or all Fred Black store locations.
- Personal Discount Codes. If you are given a personal, individualized discount code byCompany, in Company’s sole discretion the discount code is not The discount cannot be applied toprevious purchases or the purchase of physical gift cards or e-gift cards and may not be redeemed for cash.Additionally, the discount code cannot be combined with any other promotion or discount. The discount cannot beapplied to previous purchases or the purchase of gift cards and cannot be redeemed for cash or combined with any other offer. To redeem, create an Account on www.fredblackstore.com using the email address we use to shareyour personal discount code with you, and once logged in to www.fredblackstore.com with this email address, complete checkout. Terms of your personal discount may differ between www.fredblackstore.com and other FredBlack locations. Additional terms and conditions related to discount codes may apply.
- Gift Cards. Company provides two types of gift cards: a physical gift card, purchase in store, as wellelectronic, or “e-gift cards”. The terms and conditions for the gift cards may vary, so please review the below carefully before your
- Physical Store Gift Cards. Gift cards do not expire and may not be returned and may not beredeemed for cash except as required by There are no associated fees with gift cards. If lost, stolen or damaged, gift cards may be replaced for the remaining value with proof of purchase. Company willnot be responsible if your gift card is used without your permission. Please contact us at email@example.com. Title to and risk of loss for gift cards pass to the purchaser upon sale. Please treat your gift card like cash and safeguard it accordingly.
Company and its affiliates reserve the right to refuse to accept a gift card that is
believed to have been fraudulently obtained.
- E-Gift Cards. E-gift cards and physical gift cards do not expire. They may not be returned or redeemedfor cash except as required by If you order an e-gift Card you are obligated to provide a correctemail address for delivery. Title to and risk of loss for gift cards pass to the purchaser upon sale.Please treat your gift card like cash and safeguard it accordingly. We reserve the right to refuse to accepta gift card that is believed to have been fraudulently obtained. If you return items purchased all orin part with an fredblackstore.com e-gift card, Company will issue the user a new e-gift card for the amount tendered on the original gift card.
- The gift cards can be used until the balance of the card is If the balance of the card is zero forthree months, the Gift Card is invalid and cannot be activated or used again. With regard to all gift cards, Company reserves the right to limit transfers of the gift card, and may only honor the gift card through the original purchaser or designated gift recipient. If Company suspects that there is fraud associated with the use of a gift card, Company may decline to accept the gift card.
- Shipping & Delivery Terms; Risk of Loss.
- We insure each purchase during the time it is in transit until carrier’s delivery notification to your specified delivery address, at which point responsibility for your purchased goods passes to The goods areyour responsibility from the time we deliver them to the address specified on the order. We require a signature forcertain orders and merchandise. In this event your acknowledgment will be required before proceeding topurchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirmCompany’s carriers can leave your package(s) outside the premises at the shipping address provided by you withoutobtaining a signature for proof of delivery. You authorize Company’s carriers to leave the package(s) at the shipping address without obtaining a signature and release and indemnify Company from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
- We may at our sole discretion change, add, or delete portions of our Shipping and Delivery Terms at any time (“Changes to Shipping & Delivery Terms”). It is your responsibility to check our Shipping andDelivery Terms for any Changes to Shipping & Delivery Terms prior to making a purchase of Products, and in anyevent your placement of an order following the effective date of any such Changes to Shipping & DeliveryTerms constitutes your acceptance of any such Changes to Shipping & Delivery
- Return Policy. We accept returns but certain terms and conditions All terms and conditionsfor the return of Products can be found in our Returns & Exchanges Policy (our “Returns & Exchanges Policy”), and such Returns Policy is hereby incorporated by this reference in this Agreement and hereby governs all orders for all Products. We may at our sole discretion change, add, or delete portions of our Returns Policy at any time (“Changesto the Returns Policy”). It is your responsibility to check our Returns Policy for any Changes to the Returns Policyprior to making a purchase of Products, and in any event your placement of an order following the effective date of any such Changes to the Returns Policy constitutes your acceptance of any such Changes to the Returns Policy. Wemonitor the number of returns made
by customers. We may, at our discretion, close your Fred Black account or refuse future orders if we deem your return patterns to be excessive.
- Disclaimer of Warranties. THE WEBSITE, ANY OTHER FRED BLACK IP ASSETS, THE PRODUCTS, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ASSOCIATION WITH THE PRODUCTS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY ORITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY OF THE COMPANY IP ASSETS OR THEIR CONTENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, OTHER FRED BLACK IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OFTHE WEBSITE OR THE COMPANY SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OTHER FRED BLACK IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- Limitation of Liability. REGARDLESS OF THE FORM OF ACTION , WHETHER INCONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY,ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FORDAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER FRED BLACK IP ASSETS, THE PRODUCTS , OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF USE OFTHE WEBSITE, OTHER FRED BLACK IP ASSETS, THE PRODUCTS, AND THEIR CONTENT IS AT YOURSOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM A USER UNDER THIS AGREEMENT.
- Indemnification. Each user hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Agreement or your use of the Website, any other Fred Black IP Assets, the Products or any content provided
- Links to Third Party Websites. This Website may contain links to third-party These links areprovided for your convenience only. Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Website, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
- Governing Law; Jurisdiction.
- Jurisdiction. You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site or any Services resides in the courts of the County of Miami - Dade, State of Florida, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Miami - Dade, State of Florida, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR OUR SERVICES, ANY PURCHASE, OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACTOR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
- Miscellaneous Provisions.
- Entire Agreement; Waiver; Severability. This Agreement constitute the entire agreement between Company and each User with respect to the subject matter hereof,
and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of thoserights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
- Remedies. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Site or any of the Services and therefore User agrees that Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having top lead and prove lack of an adequate remedy at
- Attorney Fees. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate
- Binding Effect; No Assignment by Client; Permissible Assignment by the Company. ThisAgreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part, without the prior written consent ofCompany (which it may or may not grant in its discretion). Any purported assignment in violation of this Sectionshall be void. Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and
- Company’s Digital Millennium Copyright Act Policy. Each User hereby acknowledges andagrees that in addition to any of the other terms and condition set forth in this Agreement, all of the terms andconditions of the Company’s Digital Millennium Copyright Act Policy (a copy of which is available by this linkare hereby incorporated in their entirety into this Agreement by this )