Legal

Legal

 

 

TERMS OF USE, DISCLAIMER AND PROPRIETARY NOTICE

E2 Merchandising, Inc. ("E2 MERCHANDISING") is the owner of all content included in E2 MERCHANDISING'S Internet Website, Web pages, including all text graphics, trade dress, logos arrangement, presentations, button icons, images, audio clips, digital downloads, data compilations and software (each, and collectively, the " E2 MERCHANDISING Materials"), as well as all names, logos, slogans, trade dress, indicia, trademarks, servicemarks, tradenames (each, and collectively, the " E2 MERCHANDISING Marks"), and product designs, methods of operation, business processes, ideas, concepts and other intellectual property included or appearing on this Website, except as otherwise noted (each, and collectively, the " E2 MERCHANDISING Intellectual Property").

Nothing contained herein shall be construed as a recommendation to use or granting a license to use any Information, products or methods that conflict with any patent, trademark, copyright or other proprietary right of E2 MERCHANDISING or of any other party. E2 MERCHANDISING makes no representation or warranty, express or implied, that any use of this Information will not infringe any patent, trademark, copyright or any other proprietary right. This Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

This Website, including its content incorporating E2 MERCHANDISING Materials and E2 MERCHANDISING Marks and Intellectual Property, are offered to you for the limited use set forth herein and conditioned on your acceptance without modification of the following terms, conditions, and notices. Your use of the E2 MERCHANDISING Website constitutes your agreement to such terms, conditions and notices.

OWNERSHIP
All right, title and interest to the E2 MERCHANDISING Materials and E2 MERCHANDISING Marks and Intellectual Property shall remain with E2 MERCHANDISING. Nothing herein shall give rights to use the E2 MERCHANDISING Materials or E2 MERCHANDISING Marks or Intellectual Property. We reserve the right to change any portion of this Website, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.

COPYRIGHTS
Unauthorized use, in whole or in part and in any media or format, of the E2 MERCHANDISING Materials, E2 MERCHANDISING Marks or E2 MERCHANDISING Intellectual Property, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance and public display is prohibited by the Copyright Act of 1976, 17 U.S.C. §101 et. seq and other law. Unauthorized use may result in severe civil and criminal penalties, and will be prosecuted under the maximum extent possible under the law.

Notwithstanding the foregoing, you as the viewer or user of this Website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and share materials retrieved from the site provided that (a) such materials are used for personal, informational and non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hardcopy versions the applicable copyright and other notices.

E2 MERCHANDISING may revoke the right to use or access the E2 MERCHANDISING Materials at any time and for any reason.

TRADEMARKS
E2 MERCHANDISING trademarks and servicemarks may not be used in any way without the express written permission of E2 MERCHANDISING. Each E2 MERCHANDISING Mark shall at all times be clearly labeled with the appropriate trademark (TM) or (SM) symbol and reference E2 MERCHANDISING as the owner. You shall not alter the E2 MERCHANDISING Marks in any way. Any other trademarks and servicemarks not owned by E2 MERCHANDISING that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by E2 MERCHANDISING.

The E2 MERCHANDISING Marks may not be used in connection with any product or service that is not manufactured by or approved in advance in writing by E2 MERCHANDISING, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits E2 MERCHANDISING; and the E2 MERCHANDISING Marks shall not be used in any manner that could be perceived as an approval, endorsement or sponsorship of products or services by E2 MERCHANDISING without prior written approval from E2 MERCHANDISING. If E2 MERCHANDISING decides that any approved use of the E2 MERCHANDISING Marks jeopardizes the integrity of the E2 MERCHANDISING trademarks, such use must immediately cease.

E2 MERCHANDISING may revoke the right to use the E2 MERCHANDISING Marks at any time and for any reason if the E2 MERCHANDISING Marks are subject of a claim of infringement or the E2 MERCHANDISING Marks are used in a manner not in accordance with the permission authorized by E2 MERCHANDISING.

PATENTS
Many of E2 MERCHANDISING’S proprietary products and other business solutions are subject to patent protection and/or may be patent pending and/or in the process for patenting. Inclusion of information, illustrations, references and/or products on this Website do not provide, directly or indirectly, any right of the viewer to utilize in whole or part, any aspect of such proprietary designs. Contact E2 MERCHANDISING for information on potential for availability of licenses or for applicability of similar applications for your own needs. UNAUTHORIZED DOWNLOADING OR DISTRIBUTION Any unauthorized downloading and distribution of any material from this Website or the sites to which we link, without E2 MERCHANDISING’S permission, is strictly prohibited.

COMMUNICATIONS
Visitors may send communications to us; and submit suggestions, ideas, comments, questions or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing the intellectual property rights or otherwise injurious to third parties, or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person on entity, or otherwise mislead as to the origin of content. E2 MERCHANDISING reserves the right, but not the obligation, to remove or edit this content.

If you do post any communication to the Website, and unless we indicate otherwise, you grant to E2 MERCHANDISING a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication in whole or in part, alone, or as part of other works in any way, forum, media or technology, whether known now or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

Use of this Website or communications to or through the same for harassment in any manner or form, including via e-mail by obscene or abusive language is strictly forbidden. You may not upload to, distribute, or otherwise publish to this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law.

DISCLAIMER
THE WEBSITE, E2 MERCHANDISING MATERIALS AND E2 MERCHANDISING MARKS ARE PROVIDED HEREIN BY E2 MERCHANDISING, INC. ON AN "AS IS" BASIS. E2 MERCHANDISING, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE E2 MERCHANDISING MATERIALS AND THE E2 MERCHANDISING MARKS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM TYPOGRAPHICAL ERRORS, AND WARRANTIES ARISING FROM THE COURSE OF DEALING OR COURSE OF PERFORMANCE. E2 MERCHANDISING DOES NOT WARRANT THAT THE WEBSITE, THIRD-PARTY LINKS, AND/OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO A COMPUTER WHEN DOWNLOADED.

LIMITATION OF LIABILITY
E2 MERCHANDISING WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE, ITS CONTENT OR MULTIMEDIA DOCUMENTS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, EVEN IF E2 MERCHANDISING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.

INDEMNIFICATION
You agree to indemnify, defend and hold harmless E2 MERCHANDISING, its officers, directors, employees and members, from and against all losses, expenses, damages and costs, including reasonable attorney fees, resulting from any violation of these terms and conditions. The Terms and Conditions shall be governed by and construed according with the laws of the United States and the State of Ohio without regard to conflicts of law principles. You agree to submit to the jurisdiction of, and waive any venue objections to, the United States District Court for the Southern District of Ohio in any proceeding arising out of these Terms of Use.

CONDITIONS OF USE, NOTICES AND REVISIONS
By using this Website, you agree to the terms and conditions of the Website terms of use, and signify that you have read them fully. If you do not wish to abide by the terms and conditions of the Website, please discontinue using this Website immediately. If you have any concerns about privacy at our Website, please send us a thorough description of your concern tand we will try to address it at our discretion. As our Website changes, the notices and conditions of use may also change. You should check our Website frequently to see recent changes.