1847”) provides you with access to, and use of, the Site subject to all
applicable laws and regulations and this Legal Policy. By accessing and
using the Site you accept each of the Terms and Conditions of this Legal
Policy without limitation. If you do not accept each of the Terms and
Conditions contained in this Legal Policy without limitation, please exit
the Site. This Legal Policy supersedes any other agreements you may have
with center regarding this subject matter.
2. Content Ownership. The content or other materials on the Site
including, but not limited to, all text, audio, images and other materials
or elements (collectively the “Content”) are owned and copyrighted by AGB
1847, its licensors or others with all rights reserved. You should assume
that the Content is copyrighted and owned by AGB 1847 unless otherwise noted
and you may not use the Content, except as provided in this Legal Policy,
without the prior written permission of AGB 1847.
All trademarks, trade names and logos and all related product names, design
marks and slogans which appear on the Site are either the trademarks or
service marks (registered or unregistered) of AGB 1847 or its licensors
unless otherwise stated herein. AGB 1847 and its licensors expressly reserve
all intellectual property rights in all Content on the Site. No license is
granted to you in connection with such Content contained on the Site.
In its sole discretion, AGB 1847 or its licensors may seek to enforce their
intellectual property rights to the fullest extent of the law, including the
possibility of seeking criminal prosecution.
3. User Conduct. AGB 1847 maintains the Site for your personal
entertainment, information, education, and communication only and grants you
permission to use the Site and to download Content, but only for
noncommercial, personal use; provided, however, that you retain all
copyright and other proprietary notices contained on the Content, that you
do not distribute, modify, copy (except as set forth above), transmit,
display, reuse, reproduce, publish, license, create derivative works from,
transfer, sell or otherwise use Content without the prior written permission
of AGB 1847, and that you do not download or use any images of people or
places (“Images”) displayed on the Site for any purpose. The download or use
of any such Images by you, or anyone else authorized by you, is prohibited
unless specifically permitted by the prior written authorization of AGB
1847. Any unauthorized use of such Images may violate copyright laws,
trademark laws, the laws of privacy and publicity, and related
communications regulations and statutes.
Additionally, you agree to not to engage in any of the following activities
on the Site:
Upload, post or transmit any informational content that
is unlawful, threatening to another person or entity, infringing,
defamatory, false, misleading, abusive, harassing, libelous, vulgar,
obscene, pornographic, profane, invades the privacy of another, or is
Upload, post or transmit any informational content that
is the copyrighted, patented or trademarked intellectual property of
another, or the trade secret of or confidential information of another; and
4. Privacy. Your use of the Site is also subject to the AGB 1847
Policy into this Legal Policy.
5. Links to Third Party Sites. The Site may contain links to other
Internet sites not under the ownership or editorial control of AGB 1847.
Such links are provided for your convenience only and are not express or
implied warranties, endorsements or approvals by AGB 1847 of any products,
services, advice or information available from such sites. AGB 1847 does not
warrant and specifically disclaims any and all responsibility or liability
for your use of such sites and you hereby release AGB 1847 and its
subsidiaries, affiliates, officers, directors and agents from any and all
such responsibility or liability for the same. If you establish a link to
such sites, you do so at your own risk and without the permission of AGB
1847. Check the Uniform Resources Locator (“URL”) address provided in your
Worldwide Web browser to see if you are still in a AGB 1847 Site or have
moved to another third-party site.
6. EXCLUSION OF LIABILITY. NEITHER AGB 1847 NOR ANY OF ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE
AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT
FROM YOUR USE OF ANY AGB 1847 SITE AND YOUR USE OF ANY AGB 1847 SITE IS AT
YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY
CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE
OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE;
FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN
OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING
OR VIOLATION OF ANY AGB 1847 SITE BY ANY THIRD PARTY; OR ANY ILLEGAL
ACTIVITIES OF ANY THIRD PARTIES. AGB 1847 DOES NOT WARRANT THE SECURITY OF
ANY INFORMATION YOU TRANSMIT TO IT AT ANY AGB 1847 SITE.
AGB 1847 IS NOT LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE
FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF
OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER
BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, AGB 1847 IS NOT LIABLE EVEN IF
IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT THAT
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. AGB 1847’ TOTAL LIABILITY TO YOU FOR
ALL LOSSES, DAMAGES, CAUSES OF ACTION OR OTHERWISE WILL NOT BE GREATER THAN
THE AMOUNT THAT YOU PAID TO ACCESS THE SITE.
7. DISCLAIMER. THE CONTENT OF ANY AGB 1847 SITE IS PROVIDED “AS IS”
AND AGB 1847 DISCLAIMS ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE FOLLOWING WARRANTIES:
THE CONTENT IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A PARTICULAR
IN ADDITION TO THE ABOVE YOU (AND NOT AGB 1847) ASSUME THE ENTIRE COST OF
ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE,
SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR
EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
8. Export Control. Software and other materials from the Site may be
subject to United States Export Control. The United State Export Control
laws prohibit the export of certain technical data and software to certain
territories. No software from the Site may be downloaded or exported in
violation of any such laws. AGB 1847 does not authorize the exportation of
any software or technical data from the Site to any jurisdiction prohibited
by the United States Export laws.
9. Cautionary Language Regarding Forward Looking Information. The
Site may contain statements, estimates or projections that constitute,
“forward-looking statements” as defined under U.S. federal securities laws.
Generally, the words “believe,” “expect,” “intend,” “estimate,”
“anticipate,” “project,” “will” and similar expressions identify
forward-looking statements, which generally are not historical in nature.
Forward-looking statements are subject to certain risks and uncertainties
that could cause actual results to differ materially from AGB 1847’
historical experience and its present expectations or projections. These
risks include, but are not limited to, AGB 1847’ ability to finance
expansion or acquisition plans, share repurchase programs and general
operating activities; changes in the applicable business environment,
including actions of competitors and changes in consumer preferences;
regulatory and legal changes; fluctuations in the cost and availability of
raw materials; interest rate and currency fluctuations; changes in economic
and political conditions; our ability to penetrate developing and emerging
markets; the effectiveness of our advertising and marketing programs;
litigation uncertainties; adverse weather conditions; and other risks. You
should not place undue reliance on forward-looking statements, which speak
only as of the date they are made. AGB 1847 undertakes no obligations to
publicly update or revise any forward-looking statements.
10. Revisions to the Terms. AGB 1847 may at any time, in its sole
discretion and without notice, revise or modify this Legal Policy or the
11. Content Submitted by Users. Any communication or material you
transmit to AGB 1847 at the Site by electronic mail or otherwise, including
any data, questions, comments, suggestions, or the like is, and will be
treated as, non-confidential and non-proprietary. Anything you transmit or
post may be used by AGB 1847 or its subsidiaries and affiliates for any
purpose, including, but not limited to, reproduction, disclosure,
transmission, publication, broadcast and posting. Furthermore, AGB 1847 is
free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to the Site for any purpose whatsoever including, but
not limited to, developing, manufacturing and marketing products using such
information. AGB 1847 will not compensate you in any way for any such
information, nor will the information be returned to you.
12. Site Security. Users are prohibited from violating or attempting
to violate the security of the Site, including without limitation, (a)
accessing data not intended for such user or logging onto a server or an
account which the user is not authorized to access; (b) attempting to probe,
scan or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization; (c) attempting to
interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to the Site, overloading,
flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail,
including promotions and/or advertising of products or services; (e) forging
any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting; (f) by using any device, software or routine to
interfere or attempt to interfere with the proper working of the Site or any
activity being conducted on the Site; or (g) by using or attempting to use
any engine, software, tool, agent or other device or mechanism (including,
without limitation browsers, spiders, robots, avatars or intelligent agents)
to navigate or search the Site other than the search engine and search
agents available from AGB 1847 on this Site and other than generally
available third party web browsers (e.g., Mozilla Firefox, Netscape
Navigator, Microsoft Internet Explorer). Violations of system or network
security may result in civil or criminal liability. AGB 1847 may investigate
occurrences that potentially involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations.
13. Choice of Law. This Legal Policy and your use of this Site is
governed by the laws of the State of Delaware in the United States of
America, without regard to its choice of law provisions.
14. General Terms. This Legal Policy constitutes the entire agreement
between you and AGB 1847 and governs your use of any AGB 1847 Site. The
failure of AGB 1847 to exercise or enforce any right or provision of this
Legal Policy shall not constitute a wavier of any such right or provision.
If any provision of this Legal Policy is found by a court of competent
jurisdiction to be invalid then such provision shall be eliminated from the
Legal Policy and the surviving terms shall remain in full force and effect.
Any claims arising under this Legal Policy must be brought within one (1)
year after such claim or action or action arose or be forever barred.