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Terms of Use Agreement
Read This Terms of
Use Agreement Before Accessing Website.
Effective Date: This Terms
of Use Agreement was last updated on 07/22/2008
This Terms of Use Agreement sets forth the standards of use
of the The Locker Room Online Service.
By using the The Locker Room /www.buynorthwestergear.com website you (the
“Member”) agree to these terms and conditions. If you do not agree to the terms
and conditions of this agreement, you should immediately cease all usage of
this website. We reserve the right, at any time, to modify, alter, or update the
terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at The
Locker Room /www.buynorthwestergear.com website. Your continued use of the Service after
amendments are posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this paragraph, this Agreement
may not be amended.
1.
Description of Service
The Locker Room is providing
Member with college memorabilia. Member must provide (1) all equipment necessary for their own Internet
connection, including computer and modem and (2) provide for Member’s access to
the Internet, and (3) pay any fees relate with such connection.
2.
Disclaimer of
Warranties.
The site is provided by The
Locker Room on an “as is” and on an “as available”
basis. To the fullest extent permitted
by applicable law, The Locker Room makes no
representations or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. The
Locker Room shall have no liability for any interruptions
in the use of this Website. The
Locker Room disclaims all warranties with regard to
the information provided, including the implied warranties of merchantability
and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation
of Liability
The Locker Room SHALL NOT be liable for any damages whatsoever, and in
particular [Insert Name of Company] shall not be liable for any special,
indirect, consequential, or incidental damages, or damages for lost profits,
loss of revenue, or loss of use, arising out of or related to this web site or
the information contained in it, whether such damages arise in contract,
negligence, tort, under statute, in equity, at law, or otherwise, even if The
Locker Room has been advised
of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold The Locker Room, its
parents, subsidiaries, affiliates, officers and employees, harmless from any
claim or demand, including reasonable attorneys’ fees and costs, made by any
third party due to or arising out of Member’s use of the Service, the violation
of this Agreement, or infringement by Member, or other user of the Service
using Member’s computer, of any intellectual property or any other right of any
person or entity.
5. Modifications
and Interruption to Service
The Locker Room reserves the right to modify or discontinue
the Service with or without notice to the Member. The Locker Room shall not be
liable to Member or any third party should The Locker Room exercise its right
to modify or discontinue the Service. Member acknowledges and accepts that The
Locker Room does not guarantee continuous, uninterrupted or secure access to
our website and operation of our website may be interfered with or adversely
affected by numerous factors or circumstances outside of our control.
6. Third-Party
Sites [Optional Clause]
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible
for the availability of, or the content located on or through, any third-party
site. You should contact the site
administrator or webmaster for those third-party sites if you have any concerns
regarding such links or the content located on such sites. Your use of those third-party sites is
subject to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer
Regarding Accuracy of Vendor Information [Optional Clause]
Product specifications and other information have either
been provided by the Vendors or collected from publicly available sources. While The Locker Room makes every effort to
ensure that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website.
The Locker Room makes no warranties or representations
whatsoever with regard to any product provided or offered by any Vendor, and
you acknowledge that any reliance on representations and warranties provided by
any Vendor shall be at your own risk.
8. Governing
Jurisdiction of the Courts of Illinois
Our website is operated and provided in the State of Illinois. As such, we are subject to the laws of the
State Illinois, and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We
make no representation that our website or other services are appropriate,
legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so subject
to the internal laws of the State Illinois.
9. Compliance
with Laws.
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member
may not use the Service in any way that violates applicable state, federal, or
international laws, regulations or other government requirements. Member further
agrees not to transmit any material that encourages conduct that could constitute
a criminal offense, give rise to civil liability or otherwise violate any
applicable local, state, national, or international law or regulation.
10. Copyright
and Trademark Information [Optional clause]
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and arrangements
thereof is ©2005 www. Buynorthwesterngear.com, with all rights reserved, or is
the property of The Locker Room and/or third parties protected by intellectual
property rights. Any use of materials on
the website, including reproduction for purposes other than those noted above, modification,
distribution, or replication, any form of data extraction or data mining, or
other commercial exploitation of any kind, without prior written permission of
an authorized officer of The Locker Room is strictly prohibited. Members agree that they will not use any
robot, spider, or other automatic device, or manual process to monitor or copy
our web pages or the content contained therein without prior written permission
of an authorized officer of The Locker Room
The Locker Room ™ and www.buynorthwesterngear.com™ are
proprietary marks of The Locker Room. The
Locker Room’s trademarks may not be used in connection with any product or
service that is not provided by The Locker Room, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or
discredits The Locker Room.
[Optional Provision]All other trademarks displayed on The
Locker Room’s website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with The Locker Room.
11. Notification
of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as
enacted through the Digital Millennium Copyright Act, www.buynorthwesterngear.com
designates the following individual as its agent for receipt of notifications
of claimed copyright infringement.
By Mail
1416-A Central St Evanston, IL 60201
By Telephone: 847-328-2325
By Email: sales@buynorthwesterngear.com
12. Botnets
[Optional Provision]
The Locker Room retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related activities. If any
hostnames are used as command and control points for botnets, The Locker Room
reserves the right to direct the involved hostnames to a honeypot, loopback
address, logging facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions (and any
partially-enforceable provision) shall not be affected thereby and shall remain
valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by The Locker Room,
in our sole discretion, to a third party in the event of a merger or
acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other written
agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of
Use Agreement, Member is consenting to the use and disclosure of their
personally identifiable information and other practices described in our
Privacy Policy Statement[if applicable].
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