Terms and Conditions of Use
Introduction
Welcome to the National Capital Flag Co., Inc. (the “Company,” “we,” “our”) website (“Website”). Please read the following information carefully before using this Website. These are the terms, covenants, conditions, and provisions (the “Terms and Conditions”) governing your access to and use of the Company’s Website, including the products or services offered or provided through the Website. If you do not accept these Terms and Conditions or you do not meet or comply with the provisions, you may not use the Website. If you choose to continue to use or access this Website, you recognize that the Company has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to these Terms and Conditions. Note, however, these Terms and Conditions do not apply to your access or use of, or any data or information that may be collected by any third parties, including any third-party platform, server hosts, or vendors, so please refer to their respective terms and conditions, privacy policies, terms of use, and data practices for more information.
Acceptance and Conduct
By accessing or using the Website, you accept these Terms and Conditions, and any applicable third-party terms and conditions, privacy policies, terms of use, and/or data practices, and agree to be legally bound by them, and all applicable laws, rules, and regulations associated with your access or use of the Website. If you do not agree to be bound by these Terms and Conditions, the Privacy Policy, or any other published policy of the Company or applicable third parties, you are not authorized to access or use the Website or place any orders with the Company. We reserve the right, in our sole discretion, to modify or update these Terms and Conditions at any time. Please check the Terms and Conditions each time you visit the Website for the most current version and information. Third parties may also modify or update their respective terms and conditions, privacy policies, terms of use, and/or data practices from time to time, so please periodically refer to their policies as well for the most current version.
These Terms and Conditions apply to the Website and to all products, services, and content contained herein, whether you access such content directly on this Website, you download such content from this Website, or you use any other service offered by the Company. You are authorized by the Company to access and use the information on the Website, solely for personal, non-commercial use, provided that you are at least 18 years of age. The information, materials, and products displayed on the Website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with the Website, and any reproduction or circumvention of the navigational structure or presentation of the Website or its content, is strictly prohibited. You agree not to use the Website for any unlawful purpose.
In order to access certain features of the Website, including the placement of orders with the Company, you may be required to create an account with the Company and provide certain Personal Information (as defined in the Privacy Policy of the Company). You are responsible for maintaining the confidentiality of your username(s) and password(s) and are fully responsible for all activities that occur under such username, password, or user account, including all purchases that occur under your username and/or user account. You agree to immediately notify the Company in writing of any unauthorized use of the password or account or any other breach of security. You must log out from the account at the end of each session. The Company reserves the right to block your account if it suspects that you have violated these Terms and Conditions.
If you supply a telephone number in connection with use of the Website, you consent to receive calls or texts at that number, whether manually or automatically dialed or sent, from the Company and/or from participating vendors. If you supply an email address in connection with the use of the Website, you consent to receive electronic communication from the Company, participating vendors or other third-party vendors. You may opt out of these communications by writing to the Company at [email protected].
You agree not to modify the Website or use modified versions of the Website (except if modified by the Company) including for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by the Company for use in accessing the Website.
Privacy
Please review the Company’s Privacy Policy, which can be found here, to understand our practices. Information regarding the Company’s processing of Personal Information is set forth in its Privacy Policy and is incorporated into these Terms and Conditions. By using our Website or placing an order with us, you agree that we may use and share your Personal Information, as defined and set forth in the Privacy Policy.
Specifically, you acknowledge that the Company may collect certain Personal information, share certain Personal Information with third parties, and may contact you periodically, all in accordance with the terms of the Privacy Policy. The Company also reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain Personal Information.
Ownership of Materials; Intellectual Property Rights
The Website and the products, services, and content contained herein, including without limitation, Company names, product names, images, graphics, text, articles, software, codes, scripts, blogs, information about Company products or services, photos, sounds, videos, website design, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”) are the sole property of the Company or its licensors, and are protected by United States and international copyright, trademark and other laws (Content and Marks are collectively referred to as “Company IP”). Except for the limited licenses expressly granted to you in these Terms and Conditions, if any, the Company retains all proprietary rights to the Company IP. Without limiting the foregoing, you may not reproduce, copy, modify, display, sell, or distribute the Company IP, or use it in any other way for public or commercial purpose. This includes any code that the Company creates to generate or display the Content or the pages making up the Website. The use of the Company IP on any other website or in a networked computer environment for any purpose is strictly prohibited.
You must retain all copyright, trademark, service mark and other proprietary notices contained on the Company IP or other Company materials on any authorized copy you make of the Company IP. All other product, trademark, and service marks contained on the Website are the trademarks of their respective owners. Company IP on the Website is provided to you AS IS for your information and personal use only. The Company reserves all rights not expressly granted in and to the Website and the Company IP. You agree to not engage in the use, copying, or distribution of any of the Company IP other than expressly permitted herein. If you download or print a copy of the Company IP for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any the Company IP or enforce limitations on use of the Website or the content therein. If you believe any trademarks, service marks, or logos used on the Website to be the property of someone else, please notify the Company in writing at [email protected].
Licenses
The Company hereby grants you a limited, terminable, non-assignable, non-exclusive, revocable right to access and use the Company IP as contemplated herein. All such uses are for your personal, non-commercial use only and shall not be used for any commercial purpose, without the Company’s prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. You acknowledge that no Company IP may be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without the Company’s express prior written consent, which may be withheld or conditioned in the Company’s sole and absolute discretion. The Company reserves the right to suspend or terminate your access and use of the Website at any time if Company, in its sole discretion, determines that you are in breach of these Terms and Conditions.
Any information, including Personal Information (as defined in the Company’s Privacy Policy) provided to the Company, including through the Website, or to a third-party through the Website, will be collected and used by Company in its sole and absolute discretion to help improve the content and functionality of the Website, to better tailor the Website to your needs, to respond to any inquiry or requests submitted by you, and to suggest products or services that may be relevant to you during your use of the Website. The Company may also use such information to customize the Website to provide a better user experience and to enhance or maintain the Website, including any products, services, or content. By placing an order with the Company, including an order containing any your trademarks, logos, or other intellectual property on the products, you agree and hereby grant the Company a license and right to use, display, promote, market, and advertise any Company products and images of Company products (including those that may contain your trademarks, logos, or other intellectual property) on any platform desired by the Company, including its Website, social media, magazines, flyers, and any other marketing material. Further, you represent and warrant to the Company that you have the authority, right, and/or consent to use the trademarks, logos, or other intellectual property you want placed on the Company products.
User Content
The Website may contain features that allow you and any other user to submit or post comments or testimonials or review products that are publicly available to other users (“Common Spaces”). Any content that you or any user submits, provides, contributes, posts, uploads, or sends on or through the Common Spaces of the Website (“User Content”) shall be deemed not to be confidential and may be used by Company or any other user in any manner consistent with these Terms and Conditions, including the Privacy Policy. Note that User Content only includes content that is submitted by you on the Common Spaces. It does not include any content that is shared with the Company through other means. The Company reserves the right to use any User Content as it deems appropriate including, without limitation, by changing, deidentifying, redacting, modifying, editing, rejecting, or refusing to use, upload, publish or post it.
You acknowledge and agree that you are solely responsible for all User Content you make available through the Website. By submitting, providing, contributing, posting, uploading, or sending User Content on or through the Website, you represent and warrant that: (i) the User Content is original to you; (ii) no other party has any rights thereto; (iii) you either own the User Content or have the rights necessary to grant Company and other users rights in the User Content, as provided for below; (iv) the submitting, contributing, providing, posting, uploading, or sending of the User Content through the Website, or Company’s exercise of the rights granted to it in the User Content, will not violate the rights of any third parties (for example, patents, copyrights, trademarks, trade secrets, or other intellectual property rights, or rights of publicity or privacy) or any applicable statutes, laws, rules, regulations, guidelines, or ordinances; and (v) no payments of any kind shall be due to any third party. Company is not responsible for maintaining any User Content that you provide on the Website, and Company may delete or destroy any such User Content at any time and for any reason and without notice to you.
Third Party Materials
Through the Website you may come across, access, review, display, use or purchase third-party products, services, resources, software, technology, materials, information, Content, or your or other Website user’s User Content (“Third-Party Materials”). You acknowledge and agree that you are solely responsible for and assume all risks arising from your access to, use of, or reliance on any Third-Party Materials, and Company disclaims any liability that you may incur arising from your access to, use of, or reliance on Third-Party Materials or other users’ User Content. You also acknowledge and agree that Company: (i) has no responsibility for the availability or accuracy of Third-Party Materials, including third-party products or services, or other users’ User Content; (ii) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your purchase of, access to, use of, or reliance on such Third-Party Materials or other users’ User Content; and (iii) does not make any promises to remove Third-Party Materials or other users’ User Content from the Website or from being accessed through the Website. Nothing in these Terms of Use authorizes you to, and you may not, reproduce, transmit, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of, or otherwise use or exploit any Third-Party Materials or other users’ User Content except as expressly permitted by the Website, these Terms and Conditions or any other published policy of the Company.
Company neither endorses nor guarantees in any way the vendors, suppliers, organizations, sponsors, authors, advertisers, partners, data, information, materials, views, recommendations, plans, or products or services offered, published, posted, uploaded, expressed, and/or promoted on the Website.
The Website may include hypertext links or links to other websites or web pages, or to information and/or articles created and maintained by other organizations or users/individuals. These links are provided solely for Company users’ information and convenience. When users select a link to an external platform, website or webpage, they are leaving the Company Website and are subject to the privacy and security policies of the owners/sponsors of the external link. The Company is not responsible for any Personal Information provided or collected by third parties on other sites.
Representations
You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Website for any purpose in any manner that is prohibited by these Terms and Conditions, the Privacy Policy, any other published policy of the Company, or by applicable law. In addition to all other representations contained herein, you further represent that you own and control the ownership rights to, or you otherwise have the lawful right or permission to use, the User Content that you provide to the Company or otherwise distribute on or through this Website.
Website Content
The Company created the Website to be used by the Company’s prospective and current customers to place orders with the Company and to receive information about products and services, and other content and data for informational purposes only. Company makes no representation that any or all of the information, materials, Content, products or services on the Website are accurate, appropriate, or available for sale or use by its customers in any or all locations. The information provided on the Website is provided by the Company as a convenience to you. The Content or User Content contained on this Website does not obligate the Company to provide any specific material, product or service. Company will use reasonable efforts to include accurate and up-to-date information. However, due to the nature of the Internet, the Company does not warrant and cannot guarantee the accuracy, availability, completeness or authenticity of the information contained on the Website, or its suitability for any purpose.
The Website may include technical inaccuracies or typographical errors. The Company will from time to time revise the information, products and services described on the Website, and reserves the right to make such changes to the Terms and Conditions, the Privacy Policy, and/or any other published policy of the Company from time to time without notice to you. Any changes to the Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions on the Website. Your continued use of the Website after any such posting of the revised Terms and Conditions shall constitute your acceptance of any changes, additions, or deletions to the Terms and Conditions.
Terms of Sale
By placing an order for products and/or services from the Company, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, (iv) representing that you are an authorized user of the payment method provided, (v) representing that you accept and agree to these Terms and Conditions, the Privacy Policy, and any other published policy of the Company. When you submit your order, the Company must receive payment prior to fulfilling your order, and your order may not be fulfilled until we verify certain items, including without limitation your Personal Information, your payment information, and your creditworthiness.
We reserve the right to: (i) refuse any order you place with us; (ii) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (iii) change or update information in connection with any products or services offered; (iv) contact you by phone or email to confirm the purchase order; and/or (v) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. We reserve the right to limit, reject, modify, or cancel orders that, in our sole judgment, appear to be placed by unauthorized parties.
All prices and products advertised, including availability of products, are subject to change. Although the Website is composed with care, it may happen that the information regarding product description or technical specification, pricing or availability on the Website contains errors. We are not bound by our offer or any prices on the Website and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, or other errors on the Website. If a product is out of stock, we may still be able to accept your order, but will not charge you for the product until it is back in stock and available to ship. If the price is inaccurate, we will inform you of such pricing discrepancy and await your approval of the amended price prior to continuing with the order process. The images of the products on our Website are for illustrative purposes only. Such illustrations do not guarantee that the product will have the exact appearance, size, color, function, or origin as shown in the illustrations. Your product(s) and the packaging of your product(s) may vary from that shown on images on our Website.
All prices displayed on the Website are quoted in US Dollars ($). Applicable taxes, fees or charges of any nature, including shipping and handling costs, sales tax, customs or duty charges, shall be added to the total amount of your purchase and will be displayed prior to checkout. The Company may offer a variety of acceptable payment methods, which may be changed from time to time in Company’s sole discretion.
After placing the order, the Company will confirm the order and send an order confirmation to your email. We encourage you to save the order confirmation for any future contacts with the Company’s customer service regarding the order. You are entitled to cancel your order up until it has been confirmed by the Company. If the order is canceled, the Company will refund any payments you have made with regard to the order.
DISCLAIMER OF WARRANTIES
THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND ANY MATERIALS DOWNLOADED, INFORMATION PROVIDED OR OBTAINED THROUGH THE USE OF THE WEBSITE (INCLUDING CONTENT AND USER CONTENT), AND THE PRODUCTS OR SERVICES PURCHASED OR RECEIVED FROM THE COMPANY AND/OR ITS CONTRACTORS ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS WITH RESPECT TO ANY DAMAGE TO YOUR PERSON, BUSINESS, COMPUTER SYSTEM, EQUIPMENT, INTERNET ACCESS, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIALS, INFORMATION, PRODUCTS OR SERVICES. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION AS TO THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THE COMPANY OR THROUGH THE WEBSITE, The materials, products, SERVICES, CONTENT and information on thE WEBSITE are presented SOLELY FOR GENERAL INFORMATIONAL PURPOSES, without express or implied warranties of any kind and are provided on an ‘as is’ as-available basis WITHOUT ANY WARRANTY OF ANY KIND. It is YOUR responsibility to evaluate the accuracy, completeness, and usefulness of THE information, CONTENT, USER CONTENT, PRODUCTS, OR SERVICES provided.
THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO (I) THE WEBSITE, (II) THE INFORMATION CONTAINED THEREIN, INCLUDING THE CONTENT AND USER CONTENT, AND (III) ANY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE BY THE COMPANY, ITS CONTRACTORS, OR ANY OTHER THIRD-PARTY. SUCH WARRANTIES DISCLAIMED BY THE COMPANY INCLUDE, BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUALITY, EFFECTIVENESS, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ADDITIONALLY, THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME, UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, CONNECTIVITY, DISPLAYABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. FURTHER, COMPANY DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE, INCLUDING PERSONAL INFORMATION, USER CONTENT, OR OTHER INFORMATION PROVIDED BY YOU, WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE, OR THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS ON THE WEBSITE WILL BE CORRECTED. NO PRODUCTS (INCLUDING THIRD-PARTY PRODUCTS), SERVICES (INCLUDING SERVICES FROM THIRD PARTIES SUCH AS COMPANY’S CONTRACTORS), OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED TO OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, IN CERTAIN CIRCUMSTANCES THE LIMITATION OF LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO ANY PRODUCTS, SERVICES, OR CONTENT, INCLUDING THIRD-PARTY PRODUCTS, SERVICES, CONTENT OR USER CONTENT, THAT YOU MAY PURCHASE, RECEIVE, ACCESS, OR USE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH PRODUCTS OR SERVICES. SUCH PRODUCTS OR SERVICES MUST BE USED FOR ITS INTENDED PURPOSES.
THE COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE CONTENT OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, BROKEN LINKS, INACCURACIES OR TYPOGRAPHICAL ERRORS.
LIMITATION OF LIABILITY
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES, THE INTERNET GENERALLY, AND THE INFORMATION, MATERIALS, CONTENT, AND USER CONTENT, YOU ACCESS AND FOR YOUR CONDUCT ON AND OFF THE WEBSITE. SPECIFICALLY, YOU AGREE TO RELEASE THE COMPANY AND ITS SHAREHOLDERS, OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, INSURERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS AS FOLLOWS:
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT SHALL THE COMPANY AND ITS SHAREHOLDERS, OWNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, INSURERS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND/OR AGENTS, BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, PROPERTY DAMAGE, BODILY HARM, INJURY, OR DEATH, GOODWILL OR DAMAGES RESULTING FROM LOSS OF DATA, OR BUSINESS INTERRUPTION RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE PRODUCTS, SERVICES, CONTENT, AND USER CONTENT OFFERED OR PROVIDED BY THE COMPANY OR ANY THIRD-PARTY THROUGH THE WEBSITE, OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY WILL NOT BE RESPONSIBLE FOR ANY DETRIMENTAL RELIANCE THAT YOU MAY PLACE UPON THE WEBSITE OR ITS CONTENTS, OR THE PRODUCTS, SERVICES, CONTENT, OR USER CONTENT OFFERED ON THE WEBSITE OR PROVIDED BY THE COMPANY AND/OR ANY THIRD-PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE, PRODUCT, THE WEBSITE, CONTENT AND/OR USER CONTENT IS TO STOP USING THE WEBSITE, SERVICE, PRODUCT, CONTENT AND/OR USER CONTENT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES GREATER THAN THE AMOUNT OF MONEY, IF ANY, THAT YOU PAID TO COMPANY FOR A PARTICULAR PRODUCT OR SERVICE.
DUE TO THE NATURE OF THIS AGREEMENT, IN ADDITION TO MONEY DAMAGES, YOU AGREE THAT THE COMPANY WILL BE ENTITLED TO EQUITABLE RELIEF UPON A BREACH OF THIS AGREEMENT BY YOU.
California Residents
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
SMS Service
You may now or in the future register to receive communications via short message service (“SMS Service”). Participation in the SMS Service is not necessary to use the Website. By registering to participate in the SMS Service, you certify that you are authorized: (i) to enroll the designated mobile phone number in the SMS Service, and (ii) to incur any mobile message or data charges that may be incurred by participating in the SMS Service.
You may subscribe to the SMS Service by entering and submitting your mobile phone number and full name in the provided submission form available on our Website. By entering this information and completing the submission form, you consent to the Company and other third parties contacting you on your mobile phone for marketing purposes.
By subscribing to the SMS Service, you expressly consent and agree to accept and receive communications via text message to your mobile device and to the cellular/mobile telephone number(s) that you provided to the Company. The information in any message may be subject to certain time lags and/or delays.
You can text STOP to stop receiving text messages from us and HELP to receive help. You consent that following such a request to unsubscribe, you may receive one final message confirming that you have unsubscribed.
By participating in the SMS Service, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).
The Company is not responsible for incomplete, lost, late, or misdirected messages, including (but not limited to) undelivered messages resulting from any form of filtering by your mobile carrier or service provider or otherwise.
You acknowledge and agree that the SMS Service may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing the Company with your phone number, you expressly consent to receive the SMS Service through automatic dialing technology, artificial and pre-recorded voice. You agree to receive notifications from the Company, its representatives, employees, and agents, through any means authorized under these Terms and Conditions, the Privacy Policy, and any other published policy of the Company, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.
The Company reserves the right, in its sole discretion, to cancel or suspend any or all of the SMS Service, in whole or in part, for any reason, with or without notice to you.
Entire Agreement/Reservation of Rights
These Terms and Conditions, the Privacy Policy and any other published policy of the Company, which are incorporated herein by reference, represent the entire Terms and Conditions between you and the Company with respect to the use of the Website, and supersede all prior communications and proposals, whether electronic, oral, or written between you and the Company with respect to the Website, products or services, or use and/or disclosure of Personal Information. Any rights not expressly granted herein are reserved. Any attempt to alter, supplement or amend these Terms and Conditions is null and void, unless otherwise agreed to in writing by you and the Company.
Downtime; Service Suspensions; Termination
Your access to and use of the Website may be suspended for the duration of any anticipated, unanticipated, scheduled or unscheduled downtime, maintenance, system updates, malfunction, or other unavailability of any portion or all of the Website for any reason, including as a result of power outages, system failures, or other interruptions.
The Company shall be entitled, without any liability to you, to suspend access to any portion or all of the Website at any time, on a system-wide basis: (a) for scheduled downtime to permit the Company to conduct maintenance or make modifications to the Website; (b) in the event of a denial of service attack or other attack on the Website or other event that the Company determines, in the Company’s sole discretion, may create a risk to the Website if the Website is not suspended; or (c) in the event that the Company determines that the Website is prohibited by law, or the Company otherwise determines that it is necessary or prudent to do so for legal or regulatory reasons.
You further agree that the Company reserves the right to terminate your access to any part of the Website for any reason at the Company’s sole discretion, at any time, without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website with or without notice. You acknowledge and agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website.
Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, stockholders, parents, subsidiaries, affiliates, representatives, insurers, sponsors, partners, successors, assigns, employees and agents from and against any third party claims, liability, contributions, compensation, damages, judgments, losses, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Website, Company IP, Content, User Content, or other material, your purchase of products or services, or your breach of the Terms and Conditions, the Privacy Policy, or any other published policy of the Company.
Governing Law; Waiver; Severability; Costs of Enforcement
This Agreement is governed by the internal substantive laws of the Commonwealth of Virginia, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively within the Courts of Fairfax County, Virginia, USA, and you consent to the exclusive jurisdiction and venue of these Courts to enforce the terms of this Agreement. You expressly waive the right to transfer any action filed therein. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of the Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Website, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by the Company, these Terms and Conditions, the Company’s Privacy Policy, and other published policy by the Company constitute the entire agreement between you and the Company. In the event of any legal action arising hereunder or between you and the Company, and the Company is the prevailing party, the Company shall be entitled to recover all costs and expenses including but not limited to reasonable attorneys’ fees incurred in enforcing, attempting to enforce, or defending any of the Terms and Conditions, including costs incurred prior to commencement of legal action and in any appeal.
Rights You Agree To Give Up
If either you or we choose to litigate any claim, then you and we agree to waive the following rights: RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR A CLASS MEMBER IN ANY CLASS CLAIM YOU MAY HAVE AGAINST THE COMPANY WHETHER IN COURT OR IN ARBITRATION.
Contact Us
If you have any questions about these Terms and Conditions, please write to us at:
100 South Quaker Lane
Alexandria, VA 22314
– or –
[email protected]
