NOTNEUTRAL LEGAL NOTICE
This web site (the "Site") is operated by notNeutral, Inc ("notNeutral," "we" or "us"). By using the Site, you agree to be bound to the terms and conditions set forth in this legal notice, and that you undertake any such use at your own risk. Please take a few minutes to review this legal notice. We reserve the right at any time to change: (1) the terms and conditions of this Legal Notice and other Site policies; (2) the Site, including eliminating or discontinuing any content, product, service or feature; and (3) all prices and fees shown on the Site for products and services (including shipping and handling charges). Any changes we make will be effective upon notice, which we may provide by any means including, without limitation, posting an appropriate notice on the Site. Your continued use of the Site after changes have been posted on the Site will be deemed acceptance of such changes. If you do not agree with the terms and conditions of this legal notice, please do not use the Site.
1. OWNERSHIP OF MATERIALS AND TRADEMARKS; RESTRICTIONS ON USE.
1.1 Web Site Materials.
All content, code, graphics, illustrations, images, designs, text, and products and services used or shown on or incorporated into the Site, and the arrangement or integration of all such content, code, graphics, images, designs, text and products and services ("Web Site Materials") are subject to copyright and other applicable intellectual property and proprietary rights held by or licensed to notNeutral and all rights thereto are specifically reserved. Permission is granted to view, download, and print the Web Site Materials solely for your own personal, noncommercial use related to the purchase and use of notNeutral products and services. Modification of the Web Site Materials or use of the Site or the Web Site Materials for any other purpose is strictly prohibited. Except as permitted in this Legal Notice, you may not copy, print, reproduce, republish, download, upload, post, transmit, distribute or create derivative works from the Web Site Materials or other content or information available on or through the Site in any way, without our prior written permission.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of notNeutral, notNeutral's licensors and suppliers, and others. No Trademark may be used in any manner that is likely to cause public confusion, in connection with fraudulent activities or in any manner that disparages notNeutral. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any ownership interest or other right in or to any Web Site Material or Trademark. Misuse of Web Site Materials and Trademarks is prohibited, and we will aggressively enforce our rights in all Web Site Materials and Trademarks, including via civil and criminal proceedings.
You may choose to become a registered user of the Site. If and when you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your status as a registered user and your access to and use of the Site. As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username, password and password clue and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting http://www.notneutral.com and logging in to your account and immediately notify us of the problem by emailing us at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME, PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Modification of the Site or any Web Site Materials or use of the Site or any Web Site Materials for any purpose other than as set forth in this Legal Notice is a violation of our copyright and other proprietary rights, and is strictly prohibited. You agree that you will not remove any copyright, trademark, or other proprietary rights' notices posted on the Site. You agree to comply with all applicable laws, rules and regulations in your use of the Site. Without limiting any of the foregoing you specifically agree not to: Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents (including, without limitation, "framing," "mirroring" or "jacking" any part of the Site without our prior written authorization);
3. CODE OF CONDUCT.
Harvest or collect information about users or visitors of the Site without their express consent for the purpose of spamming, making solicitations or transmitting undesired or objectionable communications;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Interfere with or disrupt the Site or servers or networks connected to the Site (including, without limitation, by means of "hacking" or defacing any portion of the Site), or fail to follow any requirements, procedures, policies or regulations of networks connected to the Site;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
4. MAKING PURCHASES.
The Site is solely directed to individuals residing in the United States. We make no representation that Web Site Materials, products or services available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any product, service, price, discount, promotion or program described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such product or service that we provide on the Site.
6. JURISDICTIONAL ISSUES.
We reserve the right to immediately terminate your access to and/or use of the Site or any portion thereof, at any time and for any reason, with or without cause or notice to you.
7. TERMINATION OF ACCESS.
THE SITE, THE WEB SITE MATERIALS, AND ALL PRODUCTS AND SERVICES AVAILABLE ON, OR OBTAINED OR PURCHASED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOTNEUTRAL AND ITS AFFILIATES, LICENSORS, UPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NOTNEUTRAL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF NOTNEUTRAL OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, EMPLOYEES, AGENTS, USERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE, WEB SITE MATERIALS, AND ALL PRODUCTS OR SERVICES PURCHASED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. The Site and the Web Site Materials may contain typographical errors or inaccuracies and may not be complete or current. notNeutral therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability. We apologize for any inconvenience caused. We have done our best to display as accurately as possible the colors and images of the products shown on the Site. However, because the colors and images you see will depend on your monitor, Internet connection and other computer and telecommunications equipment, we cannot guarantee that your view of our products' colors and images will be accurate. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. Additionally, a possibility exists that third parties could make unauthorized alterations to the Site or Web Site Materials. In the event that a situation arises in which the Site's completeness or correctness is in question, please contact us at email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable.
NEITHER WE NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR THE WEB SITE MATERIALS, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, THE WEB SITE MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE, THE WEB SITE MATERIALS OR LINKED SITE, AS APPLICABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE IS TO RETURN THE PRODUCT OR STOP USING THE SERVICE IN ACCORDANCE WITH THE INFORMATION AT PRODUCT POLICIES. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO US FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OR FOR ANY PRODUCT OR SERVICE.
9. LIMITATION OF LIABILITY.
You agree to indemnify, defend and hold notNeutral, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from your activities in connection with the Site, any Web Site Materials, or any product or service you purchase through the Site.
The Site is provided by notNeutral, Inc. If you have any questions or comments regarding the Site, feel free to contact us at notNeutral, Inc., 3101 W. Exposition Place, Los Angeles CA 90018, (800) 270-6511, or at firstname.lastname@example.org.
Under California Civil Code Section 1789.3, California Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
12. NOTICE FOR CALIFORNIA USERS.
This Legal Notice is governed by and construed in accordance with the laws of the State of California, without regard to its principles of conflicts of law.
When you visit our web site, we automatically collect and aggregate certain non-personally-identifiable information indicating, among other things, which pages of our web site you visited, the order in which they were visited, the products and services you viewed or searched for, and which hyperlinks were "clicked." Collecting such information involves the logging of your Internet Protocol (IP) address, the operating system used by the computer from which you connect to our web site and the type of browser software you are using. Although such information does not identify you personally, we can determine your Internet Service Provider and the geographic location of your point of connectivity from your IP address. (2) Cookies:
If you choose to become a registered user, we collect a login name, your full name, mailing address, email address, phone number, and a password ("Registration Information"). You do not have to be a registered user to place an order for our products, but registered users can complete their product orders more quickly than non-registered users.
We collect and compile a database of the name, personal email address, and/or mailing address of those users who choose to provide us with such information when registering for our Opt-In email list ("Contact Information").
HOW WE USE (OR DO NOT USE) THE INFORMATION WE COLLECTPlease take a moment to familiarize yourself with how we use and do not use the information we collect from you. To serve you better, we may combine information you provide us from various sources, whether online or in person.
(1) NON-PERSONALLY-IDENTIFIABLE INFORMATION:notNeutral uses non-personally-identifiable information in aggregate form to build a higher quality and more enjoyable online experience at notNeutral.com. We statistically analyze the collective characteristics and behavior of our users and visitors, and measure demographics and interests regarding specific areas of our web site.
(2) PERSONALLY-IDENTIFIABLE INFORMATION:notNeutral uses order information and registration information solely for internal business purposes, such as processing product orders, and to enhance your shopping experience with us. We use contact information solely to provide occasional e-mail notices regarding our web site, our physical store and/or product updates that may be of interest to individuals on our contact information database. We will also use the contact information to provide catalogs and other mailers if a user provides a mailing address. we will not send you any e-mail notices or otherwise contact you regarding our company, products and services unless you affirmatively request such information from us. If you do not want us to use any order information, registration information and/or contact information we collect from you in the manner described above, please do not provide it to us. Please note that if you do not provide us with certain personally-identifiable information, you may not be able to order products from us.