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TERMS OF USE
Before you use the Throwbackmax.com Web Site (the "Site"), please read the following basic terms that govern your use of the Site. By using the Site, you agree to follow and be bound by these terms (the "Agreement").
General
We may from time to time change the rules that govern your use of the Site. Your use of the Site following any such change constitutes your agreement to follow and be bound by the rules as changed. We may change, move or delete portions of, or may add to, the Site from time to time including, but not limited to, content and equipment and/or software needed for access or use.
Modification
We shall have the right at any time to change or modify the terms and conditions applicable to your use of the Site, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. We will notify you of the change either via e-mail or through a notice published on the Site. Any use of the Site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.
Right to use Copyrights and Trademarks
All materials contained on this site are protected by United States copyright law. You may not alter or remove any trademark, service mark, copyright or other notice from copies of the content.
By using this site, you acknowledge that Throwbackmax.com contains information, data, software, photographs, graphs, typefaces, graphics, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under the U.S. copyright laws, and Throwbackmax.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
Throwbackmax.com is the service mark of maxgraphix, Inc. All rights reserved..
User Comments, Feedback and other Submissions
All comments, feedback, suggestions, ideas and other submissions disclosed, submitted or offered to Throwbackmax.com or otherwise disclosed, submitted or offered in connection with your use of the Site shall be and remain Throwbackmax.com's property. Such disclosure, submission or offer shall constitute an assignment to Throwbackmax.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in such comments, feedback, suggestions, ideas and other submissions.
Accuracy of Colors
While we have made every effort to display as accurately as possible the colors and/or graphics of our products that appear on the Site, we cannot guarantee that your monitor's display of any color and/or graphic will be accurate. The colors you see will depend on your monitor and may be different from the actual colors of our product. We will have no liability (whether for damages, return of merchandise for credit, or otherwise) as a result of any variances between the appearance of colors and/or graphics displayed on your monitor and on any finished product purchased by you.
Ancillary Computer Equipment and Services
You are responsible for and must provide all computer, telephone and other equipment and services necessary to access the Site. In addition, you are responsible for any access charges incurred through on-line services, telephone companies, or Internet service providers used in obtaining access to the Site.
Privacy Statement
As a user of the Throwbackmax.com, you acknowledge that you may provide to Throwbackmax.com information regarding yourself, including your tastes and preferences. You hereby authorize Throwbackmax.com to use such information in connection with any online or offline offering or any electronic mail offering directed to you. We are committed to protecting your privacy. Any information that we collect about you will be used to provide a more personalized shopping experience. By using the Site, you consent to the collection and use of this information by us.
Legal Compliance
You shall use Throwbackmax.com for lawful purposes only. You shall not transmit through Throwbackmax.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. We reserve the right, in our sole discretion, to refuse to produce goods and/or to terminate your access to Throwbackmax.com for any breach of this provision or any other provision of this Agreement.
Warranty/Disclaimer of Liability
YOU ACKNOWLEDGE THAT USE OF OUR SITE IS AT YOUR SOLE RISK. THE SITE IS NOT WARRANTED TO BE ERROR FREE OR UNINTERRUPTED, AND THERE IS NO WARRANTY AS TO THE RESULTS OBTAINED THROUGH USE OF THE SITE. THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT THROWBACKMAX.COM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SITE.
Our liability to you, if any, shall not exceed the total of the invoice for services and products provided on the transaction in dispute. We shall not be liable for indirect, incidental, consequential, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not we have been advised of the possibility of such damages. We shall not be liable for any damage that you may suffer arising out of use, or inability to use, the services or products provided hereunder unless such damage is a caused intentional act of Throwbackmax.com. We shall not be liable for unauthorized access by third parties to your transmission facilities, premises or equipment or for unauthorized access to or alteration, theft, loss or destruction of users network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, warranty, strict liability or tort, and shall survive failure of an exclusive remedy. The provisions of this paragraph will survive any sale completed with you and any change or elimination of this Agreement and/or the Site.
Indemnification
You agree to indemnify, defend and hold harmless Throwbackmax.com against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing Throwbackmax.com under your account.
Governing Law
The Site is created and controlled by Throwbackmax.com. The laws of the State of Washington will govern all terms, conditions and disclaimers on the Site, including this Agreement, without giving effect to any principles of conflicts of laws.
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