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Terms of Use: Effective September 2,2008 Welcome to the MaisyMonkey.com Web site (the "Site"). The Site is provided as a service to our customers and visitors. Please review the following terms and conditions of use, which govern your use of the Site (the "Agreement"). Your use of the Site constitutes your agreement to follow and be bound by the Agreement. We reserve the right to update or modify this Agreement at any time without prior notice. For this reason, we encourage you to review the Agreement whenever you use any of the Site. If you do not agree to these terms, please do not use the Site. 1. Site Transactions We 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. 1. Site Contents Unless otherwise noted, the Site, and all materials on the Site, 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 Sports Katz Media Inc. (“Sports Katz”) and other trademarks appearing on the Site are the trademarks of Sports Katz and/or third parties. The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unless otherwise specified, the Site and the Contents are intended to promote Sports Katz's products and services available in the United States. The Site are controlled and operated by Sports Katz from its offices in Dunedin, Florida . 1. User Comments, Feedback, and Other Submissions All comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Sports Katz, whether online, by email, by postal mail, or otherwise ("User Submissions") shall be and remain Sports Katz's property. Your disclosure, submission or offer of any User Submissions shall constitute an assignment to Sports Katz of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the User Submissions, and Sports Katz shall not be limited in any way in its use, commercial or otherwise, of any User Submissions. Sports Katz is and shall be under no obligation (1) to maintain any User Submissions in confidence; (2) to pay compensation for any User Submissions; or (3) to respond to any User Submissions. Sports Katz has the right but not the obligation to monitor and edit or remove any User Submissions. You agree that your User Submissions will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your User Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Sports Katz or third parties as to the origin of any User Submissions. You are solely responsible for any User Submissions you make. Sports Katz takes no responsibility and assumes no liability for any User Submissions posted by you or any third party. 1. Copyright Complaints / DMCA Policy Sports Katz respects the intellectual property of others. If you are notifying Sports Katz of alleged copyright infringement, please provide the following information in the form required by 17 U.S.C. § 512: 1. Information reasonably sufficient to permit us to contact you such as your name, address, telephone number, and e-mail address; 2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyright works are covered by single notification, a representative list of such works; 3. The exact URL or a description reasonably sufficient for Sports Katz to locate the alleged infringing material; 4. A statement by you that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent to act on the copyright owner’s behalf. By this notice, Sports Katz seeks to preserve any and all exemptions from liability that may be available under copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. § 512(c) or elsewhere in the laws of the United States of America or any state or territory within the United States of America. Please provide this notice to the following Designated Agent for Notification of Claimed Copyright Infringement: NAME: Controller Sports Katz Media, Inc. ADDRESS: PO Box 1588, Dunedin, FL 34697-1588 E-MAIL: service@sportskatz.com TELEPHONE: 1-888-KATZPAW (1-888-528-9729) FAX: 1. Product Information Many products displayed on the Site are available in Sports Katz catalogs distributed in the United States and, in some cases, select foreign markets. The prices displayed on the Site are quoted in U.S. Dollars. Certain products are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. 1. Errors, Inaccuracies, and Omissions Occasionally there may be information on our Site 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). 1. Colors We have made every effort to display as accurately as possible the colors of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate. 1. Links to Other Web Site and Services The Site may contain links to other Web Site that are not under the control of Sports Katz. Sports Katz has no responsibility for the linked Web Site nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site' users. 1. Disclaimer The materials on the Site 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. Sports Katz expressly disclaims any duty to update or revise the materials on the Site, although Sports Katz 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 Site. Sports Katz shall not be liable for any damages of any kind related to your use of the Site. 1. Indemnification You agree to defend, indemnify and hold Sports Katz 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. 1. Dispute Resolution Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Sports Katz 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 (1) to Sports Katz at: PO Box 1588, Dunedin, FL 34697-1588 , Attn: General Counsel, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Sports Katz agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party. 1. Choice of Law This Agreement shall be construed in accordance with the laws of the State of Florida , without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida, County of Pinellas. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Sports Katz's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site. 1. Termination These terms are effective unless and until terminated by either you or Sports Katz. You may terminate this Agreement at any time. Sports Katz 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.
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