Legal Disclaimer The information contained in the Dr. T's Supergoop!™ web site is provided for informational purposes only, and should not be construed as medical advice. LEGAL NOTICE This Terms of Use Agreement ("Agreement") constitutes a valid, binding contract between you and Taylor James Ltd., a Texas limited partnership ("Company"), the owner and operator of the site accessible through www.supergoop.com with respect to the use of the website (the "Site"). The merchandise and services on the Site are provided by the Company, subject to your compliance with the terms of this Agreement. PERSONAL USE OF CONTENTS The content of the Site is for your personal, noncommercial use. Content copied, downloaded or printed must retain all copyright, trademark and other proprietary notices. For commercial use of any portion of the contents, you must secure the written consent from the appropriate content provider (including but not limited to reproduction on other web sites, distribution by electronic mail, or republication in a printed publication). USE OF SITE Your use of the Site is at the sole discretion of the Company, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site and any orders for merchandise placed through the Site do not entitle you to continued use of the Site.
USER SUBMISSIONS By voluntarily submitting information, communications or content (including pictures and anecdotes) to the Site, you agree that such submissions are non-confidential for all purposes. You further agree that such submissions become the property of the Company and that all title and interest therein, including all rights of copyright, shall rest with the Company at the time they are submitted and/or posted. You will be deemed to have granted to the Company a non-revocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display in any media or medium, or any form, format or forum now known or hereafter developed, for any purpose, in perpetuity without further notice, and you waive all rights of attribution and integrity. The submission of such materials in no way creates any obligation or duty on the part of the Company to post or use such materials or, if we do so, to give you credit. LINKS TO OTHER WEBSITES The Site may contain links to third party websites. Such third party websites are not under the control of The Company. Please note that The Company is not responsible for the accuracy or content of websites of other providers that may have links from this Site. Accordingly, The Company can make no representation concerning the terms of use, privacy policies or content of these websites to you, nor can the fact that The Company has provided this link serve as an endorsement by The Company of this or any other website. In creating hypertext links to any other website, The Company is not recommending that website or giving any assurances as to its standing. The Company is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside websites, or the organizations sponsoring the websites. The Company makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside websites or the contents of the outside websites. If you decide to access linked third party websites, you do so at your own risk. INDEMNIFICATION YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS THE COMPANY FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION, CLAIMS BASED UPON THE NEGLIGENCE OF THE COMPANY, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY WEBSITES LINKED TO THIS SITE. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
LIMITATIONS AND EXCLUSIONS OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF MATERIALS AND INFORMATION AVAILABLE FROM THIS WEB SITE. INTELLECTUAL PROPERTY RIGHTS The Site is owned and operated by the Company and is protected by copyright, trademark, trade dress and other intellectual property rights.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS, OR THE INFORMATION OR DATA CONTAINED IN SUCH MATERIALS, CONTAINED IN THIS SITE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. FURTHER, ANY USE OF THE SITE MATERIAL FOR ANY OTHER PURPOSE THAN AS PERMITTED HEREIN IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN CIVIL AND CRIMINAL PENALTIES. MODIFICATION The Company may update, revise, supplement, modify or amend this Agreement at any time. Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE The Company owns, protects and enforces copyright in its own creative materials and respects the copyright properties of others. The Site may contain materials of third parties and links to third party websites, portals and directories. As a result, materials of third parties, not owned or controlled by the Company, may be included in or linked to the Site or may be stored or transmitted over the Site. To the best of the Company's knowledge, these materials do not infringe the copyrights of others. Upon receipt of proper notice of claimed infringement, the Company will respond expeditiously to follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the materials in issue, including, where applicable, removing or disabling access to materials claimed to be infringing or by removing or disabling access to links to such material. It is the policy of the Company to terminate its relationships with third parties who repeatedly infringe the copyrights of others where such parties are known to the Company to be repeat infringers in connection with their use of the Company's sites, links, or storage and communication systems and networks. The designated agent (i.e. the proper party) to whom you should address such notice is Ms. Holly Thaggard, Taylor James Ltd., 2843 Thomas Ave Dallas, Texas 75204 Tel: 214.552.5631; Fax 214.722.2159, info@supergoop.com. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between you and the Company with respect to your use of the Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the Site are supplemented by our Ordering Policies. SEVERABILITY If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions. GOVERNING LAW AND VENUE This Agreement, the entire relationship between you and the Company, and any litigation or other legal proceeding between you and the Company (whether grounded in tort, contract, law or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto. TERMINATION The Company may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive. CONTACT INFORMATION If you have a comment, question or request, or if you need to contact the Company (click here) for any other reason, there are two (2) easy ways to do so.
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