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Welcome to the American Jackass Inc. Web site. The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the Sites (the "Agreement"). Site TransactionsWe reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Right to Change SitesWe reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue this Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of this Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site. Site ContentsUnless otherwise noted, the Sites, and all materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by the American Jackass. User Comments, Feedback, and Other SubmissionsThe American Jackass is pleased to hear from users and welcomes your comments regarding our products and services. The American Jackass's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misundertandings when projects developed by The American Jackass's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that The American Jackass may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to The American Jackass. The American Jackass is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. The American Jackass has the right but not the obligation to monitor and edit or remove any Comments. Personal Information Submitted Through the SitesYour submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy. Errors, Inaccuracies, and OmissionsOccasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). ColorsWe have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate. Links to Other Web Sites and ServicesThe Site may contain links to other Web sites that are not under the control of The American Jackass. The American Jackass has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users. DisclaimerThe materials on the Sites are provided "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The American Jackass expressly disclaims any duty to update or revise the materials on the Sites, although The American Jackass may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Sites. The American Jackass shall not be liable for any damages of any kind related to your use of the Site. IndemnificationYou agree to defend, indemnify and hold The American Jackass harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement. Dispute ResolutionMindful of the high cost of litigation, not only in dollars but also in time and energy, both you and The American Jackass agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent TerminationThese terms are effective unless and until terminated by either you or The American Jackass. You may terminate this Agreement at any time. The American Jackass also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes. |