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This Terms of Use Agreement sets forth the standards of use of the Twelvesouth.com website. By using the Twelvesouth.com website the user agrees to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Twelvesouth.com website. Your continued use of the website after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended. This website is intended for users that are at least 18 years of age.
Twelvesouth.com is owned and operated by Twelve South, a South Carolina LLC. Twelvesouth.com is provided on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Twelvesouth.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Twelve South, LLC and Twelvesouth.com shall have no liability for any interruptions in the use of this Website. Twelve South, LLC and Twelvesouth.com disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
Twelve South, LLC AND Twelvesouth.com SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Twelve South, LLC AND Twelvesouth.com SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR ANY OTHER LOSS ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Twelve South, LLC AND Twelvesouth.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
Indemnification:
User of this website agrees to indemnify and hold Twelvesouth.com, its parent, Twelve South, LLC and subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of a user’s use of this website, the violation of this Agreement, or infringement by a user, or other user of the site using another user’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption of Service:
Twelvesouth.com reserves the right to modify or discontinue this website with or without notice to the user. Twelvesouth.com shall not be liable to user or any third party should Twelvesouth.com exercise its right to modify or discontinue the website. User acknowledges and accepts that Twelvesouth.com does not guarantee continuous, uninterrupted or secure access to our website and that the operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.
Jurisdiction:
The business of this website is operated and provided from the State of South Carolina. As such, we are subject to the laws of the State of South Carolina and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of South Carolina.
User assumes all knowledge of applicable law and is responsible for compliance with any such laws. User may not use this website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Intellectual Property:
All content included or available on this site, including site design, trade dress, text, graphics, interfaces, and the selection and arrangements thereof to be property of Twelve South, LLC and Twelvesouth.com and is protected by the Copyright Laws of the United States of America, with all rights reserved. Any use of materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Twelve South, LLC and Twelvesouth.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Twelve South, LLC and Twelvesouth.com.
“BookArc,” “SurfacePad,” and “BackPack,” are proprietary marks of Twelve South, LLC. Trademarks may not be used in connection with any product or service that is not provided by Twelve South, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Twelve South, LLC and any and all of its holdings.
All other trademarks displayed on the Twelvesouth.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Twelve South, LLC and/or Twelvesouth.com.
Other Terms:
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Twelve South, LLC and Twelvesouth.com in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. Customer/User agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
ALL INFORMATION CONTAINED THROUGH THE Twelvesouth.com™ WEBSITE IS SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. We are not responsible for typographical errors and although every effort is made to warrant that the information included on this website, Twelvesouth.com, is accurate, from time to time a typographical error oversight may appear as it applies to, but not limited to price, model/style number, description, weights and measures. Please accept our apologies for such errors and corrections will be made as such errors are found. When a customer has encountered an item with an incorrect price, the customer will be notified and then can elect to either proceed with the order or not. The decision of honoring incorrect pricing, for whatever reason it has occurred, of merchandise is at the sole discretion of Twelvesouth.com and is reviewed on a case-by-case basis.
If you have any questions, comments or concerns regarding this legal notice, please feel free to contact us.
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