The following rules (“Terms and Conditions”) govern the use of Exempls LLC. and its subsidiaries’ websites and the products and services offered on those sites, such as the ability to order products, receive newsletters and promotional emails, send us feedback and link to other sites (collectively, our “Site”). As used in these Terms and Conditions, “Exemplis” refers to Exemplis LLC. and its subsidiary and affiliated entities, individually or together and is referred to in these Terms and Conditions as “Exemplis”, “we”, “us”, and “our”. These Terms and Conditions apply to our other websites which display a direct link to these Terms and Conditions, but do not apply to websites that do not link to our Terms and Conditions or to websites which have their own Terms and Conditions. Please read the following Terms and Conditions carefully.
By using our Site, you understand and agree to accept and to be legally bound by these Terms and Conditions, and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. If you do not agree to these Terms and Conditions, you may not use this Site. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Special terms may be posted along with certain services or promotions and are in addition to these Terms and Conditions. In the event of conflict, the special terms will prevail over these Terms and Conditions.
You acknowledge that these Terms and Conditions are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Such consideration includes but is not limited to your use of this Site, as well as the receipt of data, materials, and information available at or through this Site.
These Terms and Conditions are subject to all applicable laws.
1. Use and Ownership (© 2012-2017 Exemplis LLC. (and/or its subsidiaries). All rights reserved.)
Our Site is owned and operated by us and unless otherwise specified, we own all rights, including copyrights, patents, and other intellectual property rights, in our Site and all materials appearing on our Site, including the text, site design, graphics, logos, trademarks, icons and images, as well as the selection, assembly and arrangement thereof. We reserve all rights in and to the Site and its content. All audio and video clips are the sole property of Exemplis or our respective content providers. The content and software on our Site is the property of Exemplis and/or its partners, distributors or suppliers and is protected by U.S. and international intellectual property laws, including copyright laws. Except as set forth herein, you may only view, download, print and retain a copy of pages of our Site provided that (i) use of such information from our Site is for informational, personal and non-commercial use only, (ii) such information will not be copied, transferred or transmitted to another person or entity, posted on any network computer or broadcast in any media, (iii) any copy of this information which you make shall retain all legal notices, copyright and other proprietary notices contained therein, and (iv) no modifications to, or derivatives of, such information shall be made. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. You may contact us at [email protected] if you wish to obtain permission to reprint or reproduce any materials appearing on our Site. Individual documents on our Site may be subject to additional terms or restrictions as indicated in those documents. All rights not expressly granted herein are reserved and except as expressly provided herein, nothing contained herein shall be construed as conferring any license or right under any Exemplis intellectual property rights, including copyrights, or the intellectual property rights, including copyrights, of any third party. Further, nothing contained in our Site shall be construed as conferring by implication, estoppel or otherwise, any license or right under any patent or trademark of Exemplis or any third party. Note that any product, process or technology in documents on our Site may be the subject matter of other intellectual property rights reserved by Exemplis or others.
The absence of a product or service name, slogan or logo from the Site does not constitute a waiver of our trademark or other intellectual property rights concerning that name, slogan or logo. All custom graphics, icons, logos and service names are trademarks, or service marks of Exemplis. All other trademarks or service marks are property of their respective owners. The use of any Exemplis trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact our Legal Department fill in legal email.
We welcome all comments, information, or materials (“Feedback”), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Exemplis. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
3. Third Party Content
Certain content from third party sources may be made available as part of our Site. This content is believed to be reliable, but we do not endorse or guarantee the accuracy or completeness of this content. We may change or delete any content at any time in our sole discretion.
4. Links and Search Results
Our Site may automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will let you leave our Site. The linked third party sites are not controlled or endorsed by Exemplis and Exemplis is not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. Exemplis cannot guarantee, represent or warrant that you will be happy with any purchases of products or services from any such third party site, or that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. Exemplis is not responsible for Webcasting or any other form of transmission received from any third party linked site. These links are provided to you only as a convenience and the inclusion of any third party link does not imply endorsement by Exemplis of the third party site. By using our Site to link to another site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to link to another site. However, if you have a problem with a link from our Site, please notify us at [email protected] We will investigate the link and take any appropriate action.
5. Violation of these Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and may remove any content you have provided if we believe that (i) the content violates or is inconsistent with these Terms and Conditions or their intent, (ii) that your conduct is disruptive, or (iii) you have violated the law or the rights of Exemplis, another user or a third party.
6. Compliance With Laws
8. Policy For Individuals Under Age Thirteen (13)
Individuals under thirteen (13) years of age should only use our Site under parental or guardian supervision. If parents have any questions about their children’s use of our Site or our collection, storage and deletion of information, please contact us at [email protected]
9. Export Controls
United States, European Union, and other national laws and regulations, including, but not limited to, export control laws, regulate the export and re-export of technology. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations. In particular, Information and software from our Site is subject to United States export controls. No information or software from our Site may be downloaded or otherwise exported (i) to any country such as Cuba, Iran, North Korea, Rwanda, or Syria, to which the U.S. has embargoed goods, or to a national or resident of any such country, or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or (iii) the U.S. Commerce Department’s Denied Persons List, Unverified List, or Entity List. By downloading or using the information or software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list and shall comply with all U.S. export laws.
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION CONTAINED IN OUR SITE MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY BE CHANGED OR UPDATED WITHOUT NOTICE. WE CANNOT GUARANTEE THAT THE CONTENT OR OTHER INFORMATION PROVIDED THROUGH OUR SITE WILL BE ACCURATE OR UP-TO-DATE, OR THAT OUR SERVICES WILL OPERATE CORRECTLY. IN THE EVENT ANY SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING PROPERLY OR A PRODUCT IS NOT ACTUALLY AVAILABLE PER THE TERMS STATED ON OUR SITE DUE TO TYPOGRAPHICAL ERROR, OR OTHERWISE, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE SUCH SERVICES OR PRODUCTS. INFORMATION ON SERVICE OR PRODUCT AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE. WE RESERVE THE RIGHT TO REVISE OR WITHDRAW ACCESS TO ANY INFORMATION, DOCUMENTS, PRODUCTS AND/OR PROGRAMS ON OUR SITE AT ANY TIME WITHOUT NOTICE AND WE MAKE NO COMMITMENT TO UPDATE ANY INFORMATION, DOCUMENTS, PRODUCTS AND/OR PROGRAMS ON OUR SITE.
OUR SITE AND THE CONTENT ON OUR SITE, INCLUDING THE PRODUCTS AND SERVICES ON OUR SITE, IS PROVIDED BY US ON AN “AS-IS” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS AS TO THE OPERATION OF OUR SITE, AND THE INFORMATION, CONTENT, SERVICES OR PRODUCTS INCLUDED OR OFFERED ON OUR SITE.
IN ADDITION, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY OF THE SERVICES OR PRODUCTS OFFERED THROUGH OUR SITE OR USED IN CONJUNCTION WITH OUR SITE AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES.
WE ASSUME NO RESPONSIBILITY FOR MATERIAL CREATED OR PUBLISHED BY THIRD PARTIES AND MAKE NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH OUR SITE. EACH USER MUST TAKE THEIR OWN PRECAUTIONS TO ENSURE THAT WHAT THEY SELECT FOR THEIR PERSONAL USE IS FREE OF ANY ITEMS OF A DESTRUCTIVE NATURE.
Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitation or exclusions may not apply to you. Please contact us at [email protected] if you have any questions or need further information.
11. Limitation of Liability
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL THEORY FOR ANY DAMAGES OF ANY KIND RELATING TO THE USE OF OUR SITE OR THE SERVICES OR PRODUCTS OFFERED AS PART OF OUR SITE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, EXEMPLIS SHALL NOT BE HELD LIABLE FOR ANY PERFORMANCE DELAY OR FAILURE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR ANY OTHER CAUSE BEYOND REASONABLE CONTROL.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. Please contact us at [email protected] if you have any questions or need further information.
12. Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Santa Clara County, California. You also agree that any legal action you may have arising out of or related to these Terms and Conditions must commence within one (1) year after the cause of action accrues, otherwise it shall be permanently barred. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so at their own initiative and are responsible for compliance with local laws. If any provision within these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
By using our Site, you agree to indemnify and hold Exemplis, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site. You shall cooperate with us in the defense of any claim related to your use of our Site. At our own expense, we reserve the right to assume the exclusive defense and control of any such legal action related to your use of our Site.
14. How to Contact Us
If you have any comments or questions please write to us at:
Attn: Marketing Department
6415 Katella Avenue
Cypress, CA 90630