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GEN-D WEBSITE LEGAL STATEMENT
| Any person who accesses areas of the GEN-D website www.thedigitalgeneration.com other than this legal statement agrees to and is bound by the terms and conditions of this Gen-D Website Legal Statement. |
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Generation Digital, Inc. ("GEN-D") maintains this site ("Site") for your information, education and use. You may download material displayed on the Site for non-commercial, personal use, and for approved or licensed commercial use, provided you also retain any and all copyright and other propriety notices contained in the materials. You may not distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, without GEN-D’s prior written permission. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content from our website without the prior written permission of GEN-D. Authorized users with passwords may download for agreed uses and purposes certain graphics and software packages.
You should assume that everything you see or read on the Site is subject to trademark protection, copyrighted, protected by common law intellectual property rights, or and may not be used except as provided in this Website Legal Statement or in the text on the Site without the prior written permission of GEN-D. GEN-D will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
If you do not wish to enter this Site. If you do not
wish to enter this Site and subject yourself to
the conditions of this Website Legal Statement,
but require some other form of assistance
regarding this Site, you may forward any questions
that you have about this Site or this Website
Legal Statement to:
Consumer Affairs
Generation Digital, Inc.
P. O. Box 30
Daytona Beach, FL 32174 USA
1-386-677-6864
Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions"). By accessing and browsing the Site, you accept, without limitation or qualification, the terms and conditions of this Website Legal Statement, and acknowledge that any other agreements between you and GEN-D are superseded and have no force or effect.
Privacy. We will not re-sell, or distribute your credit
information to anyone for any reason. We do
assemble for our use a list of site visitors and
users.
Accuracy. While GEN-D
uses reasonable efforts to include accurate and
up-to-date information on the Site, GEN-D makes no
warranties or representations as to its accuracy.
GEN-D assumes no liability or responsibility for
any errors or omissions in the content on the
Site.
At Your Risk. Your browsing of the Site is at your
risk. Neither GEN-D nor any other party involved
in creating, producing, or delivering the Site is
liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of your
access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do
not allow the disclaimer of implied warranties, so
the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and
you may also have other legal rights which vary
from state to state. GEN-D also assumes no
responsibility, and shall not be liable for any
damages to, or viruses that may infect, your
computer equipment or other property on account of
your access to, use of, or browsing in this Site
or links herein or your downloading of any
materials, including, but not limited to, data,
text, images, video, or audio from the Site of
linked sites.
Nature of Communication. Any communication or material
you transmit to the Site by electronic mail or
otherwise, including but not limited to any data,
questions, comments, suggestions, and the like,
will be treated as non-confidential and
non-proprietary. Anything you transmit may be used
by GEN-D or its affiliates for any purpose,
including but not limited to reproduction,
disclosure, transmission, publication, broadcast,
and posting without liability or compensation.
Furthermore, GEN-D is free to use any ideas,
information, terms of at, slogans, concepts,
sayings, 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 Goods and
Service using such information without liability
or compensation, unless a written agreement
reserving rights to you is signed between you and
us prior to the disclosure
Intellectual Property Rights. The trademarks, logos, and
service marks (collectively the "Trademarks")
displayed on the Site, are registered and
unregistered Trademarks of D-Generation, Inc. and
others. The Goods and Services depicted,
discussed, and offered on the Site are all
registered, pending registration, or protected by
state and federal common law covering intellectual
property rights. Nothing contained on the Site
should be construed as granting by implication,
estoppel, or otherwise, any license or right to
use any Trademark displayed on the Site without
the prior written permission of D-Generation,
Inc., the third party owner of such Trademarks.
Your misuse of the Trademarks, or any content on
the Site, except as provided in these Terms and
Conditions, is strictly prohibited. GEN-D and
D-Generation, Inc. will aggressively enforce their
intellectual property rights to the fullest extent
of the law, including the seeking of criminal
prosecution.
Proprietary Product; Non-Competition. As a matter of
contract, in fundamental consideration for the
opportunity to view and evaluate the information
presented in the Site, you agree that you will not
use in competition with GEN-D, or for direct or
indirect gain for yourself or another, in any way,
manner, shape or form whatsoever: product
concepts; alternative designs of the goods,
services, logos, tradenames, slogans, and monikers
depicted on this Site; business concepts; logos;
product themes; product genres; product
information; tradenames; designs or ideas that are
derived from the product or logo, or tradename
concept; tradenames and slogans similar to those
depicted on this Site; or anything derived or
adapted the goods, services, slogans, logos, and
services depicted in this Site. All goods,
services, slogans, logos, and monikers displayed
on this Site are US Trademark and protected by
common law. GEN-D will aggressively enforce its
trademark, copyright, and intellectual property
rights to the fullest extent of the law, including
the seeking of criminal prosecution.
Off-Site Links. GEN-D has not reviewed any websites
which may from time to time linked to the Site and
is not responsible for the contents of any
off-site pages or any other websites linked to the
Site. Your linking to any such other off-site
pages or other websites is at your own risk, and
subject to the "At Your Risk" paragraph of this
Website Legal Statement.
Revisions. GEN-D may at
any time revise these Terms and Conditions by
updating this posting. You are bound by any such
revisions and should therefore periodically
re-visit this page to review the then current
Terms and Conditions to which you are bound. They
may be different on subsequent visits to this
Site.
Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms and Conditions. No change or modification of these Terms and Conditions shall be valid unless the same is herein posted on this website, or is set forth in a separate written paper document signed by an officer of GEN-D then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org/).
No other person has the actual authority to modify
Terms and Conditions, and all apparent authority
to do so is hereby disavowed.
Your Responsibility. You assume all responsibility
for use of the Site. You waive all claims against
GEN-D, its officers, directors, employees,
suppliers and software programmers that may arise
from the utilization of the Site.
Accuracy of Information. While all reasonable attempts are
made to ensure the accuracy of the information
found in the Site, neither GEN-D, nor its
information contributors can be held responsible
by you for the accuracy of the information. GEN-D
makes no express or implied warranty as to the
accuracy or merchantability of content or
programming.
Software Interference. You agree that you will not
undertake any action that imposes an unreasonable
or disproportionately large load on our Site
infrastructure, or harms our website in any way,
and indemnify us (including attorney’s fees)
against same.
Indemnity. You agree to indemnify and hold us, our
licensors, subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from
any claim or demand at law or in equity, including
without limitation, any and all actual and
consequential damages, lost profits, bodily
injury, death, property damage, including
reasonable attorneys' fees, made by any third
party due to or arising out of your use of this
Site or breach of these Terms and
Conditions.
Legal Notices. Any legal notices shall be given by pre-paid certified mail, return receipt requested to "Legal Affairs" at our address stated above. A courtesy copy of that notice may also be sent to our email address with a subject line marked "Legal," but shall not be deemed received until you receive back from us a separate reply acknowledging that the email was in fact properly received. The fact that your email properties may indicate to you that any such email was received or properly sent does not bind us to actual receipt. We may give you notice by pre-paid certified mail, return receipt requested, to your address, or to your email address with the same conditions.
Governing Law and Venue This Site is established in the
State of Florida in the United States of America.
All claims, causes or action at law or equity
arising out of this Site or the goods and services
and information contained herein, and all
questions concerning the meaning, intention,
interpretation, performance or enforcement or
validity of the terms of this Site or these Terms
and Conditions, shall be judged and resolved in
accordance with the laws of the State of Florida
in the United States of America and venue for all
such matters shall be in the State of Florida.
Language of Construction. This Site is written in American
English, and American English shall be the
language employed to construe this Site and these
Terms and Conditions and resolve any conflict or
unclarity herein.
Headings. The headings
above the various provisions herein are to make it
easier to locate the subject matter covered by
various provisions, and are not to be used in
ascertaining or construing the intent of the Terms
and Conditions or the substantive content of a
paragraph.
Invalid, Unenforceable, or Illegal Provisions. Should
any provision of these Terms and Conditions be,
become, or be declared invalid, unenforceable, or
illegal, the remaining provisions shall be and
continue in full force and effect, and the
invalid, unenforceable or illegal provision shall
be construed to the maximum extent possible to
effectuate its intent and the intent of the rest
of the Terms and Conditions. In the event a
provision is invalid, illegal, or unenforceable,
under law at any given time, it shall not be
permanently stricken but rather shall be
suspended, and in the event that a later change in
the law makes that provision valid, legal or
enforceable, then that provision automatically
come back into full force and effect
contemporaneously with said change in the law.
Attorneys Fees and Costs. In connection with any dispute
arising out of this Site or these Terms and
Conditions, GEN-D is entitled to recover its
attorney's fees, expert witness fees, discovery
costs, investigative fees and costs, travel
expenses, and court costs in trial court, in
appellate courts, in bankruptcy courts, and in any
arbitration to which GEN-D might agree. GEN-D is
entitled to actual attorney's fees and costs for
the perfection, establishment, enforcement and
collection of any judgment, decree, or order
rendered in favor of GEN-D both throughout
Florida, the United States of America, and in any
foreign state, nation, or any political
subdivision thereof or therein. You waive all
rights to claim attorney's fees against GEN-D,
including those arising out of statute, Rule of
Court, common law or rule of civil procedure in
any state or nation.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and GEN-D, and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. You and GEN-D may enter into subsequent agreements which may supplement these Terms and Conditions regarding specific matters, provided such are set forth in a separate written paper document signed by an officer of GEN-D then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org/).
Corporate Entity; Release. You acknowledge and agree that you are dealing
with a corporate entity, GEN-D in this Site, and
that the persons who represent that corporation
act on behalf of the corporation in their
corporate capacities and not in their personal
capacity. This provision is fundamental to your
use of this Site and GEN-D’s goods and services,
and to the Terms and Conditions. Therefore, in
consideration for entering this Site, or utilizing
the products and services presented in the Site,
you release and discharge the corporation’s
officer, directors, shareholders, employees,
suppliers, and software programmers of and from
any and all rights, claims, damages, demands,
actions, causes of action, or suits in equity, of
whatever kind or nature, and whether accruing now
or in the future, and whether known or unknown to
the parties, arising out of or relating to your
use of this Site, or the products and services
presented in or obtained through this Site or
offered by GEN-D. Without limitation, this release
as to individual liability extends to the
following grounds: failure to clearly indicate a
corporate capacity; failure to observe corporate
formalities; transfer of corporate assets for
personal use; corporate capitalization; non-filing
of an Annual Return or Uniform Business Report
with the Florida Secretary of the State; depletion
of corporate assets for personal benefit; treating
the corporation and an officer of director
interchangeably or as an alter ego; tort;
indemnification.
Limited Goods and Services Warranty. GEN-D warrants that the Goods and Services are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. GEN-D will provide replacement Goods or Services, or may opt to reimburse the purchase price if that is infeasible. GEN-D’s sole liability with respect to any defect shall be for the replacement of the defective Goods or Services. No one is authorized to make any other warranties on behalf of GEN-D, or modify this warranty, except in a separate written paper document under signature of a corporate officer of GEN-D then-listed with the Florida Department of State (see www.sunbiz.org/). GEN-D will not be liable for repairing damages or failures caused by acts of God, abuse, abnormal usage, use or application for which the Goods and Services are not intended. The foregoing shall constitute GEN-D’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. GEN-D WILL
NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
USE OR PERFORMANCE OF THE GOODS OR SERVICES OR
OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF
PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY,
AND CLAIMANT’S REMEDIES SHALL BE LIMITED TO REPAIR
OR REPLACEMENT OF NONCONFORMING GOODS OR
SERVICES.
END OF WEBSITE LEGAL STATEMENT |
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