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Terms of Use |
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Welcome to the NPBHS.com Web Site ("Site"). Please review
the following basic terms that govern your use
of and purchase of products from our Site
(“Terms of Use”). Please note that your use
of our Site constitutes your agreement to follow
and be bound by those terms (the
"Agreement").
1. GENERAL
We may from time to time change the terms that
govern your use of our Site. Your use of our
Site following any such change constitutes your
agreement to follow and be bound by the terms as
changed.
We may change, move or delete portions of, or
may add to, our Site from time to time. We
therefore encourage you to refer to these Terms
of Use on an ongoing basis.
2. SITE CONTENTS
Unless otherwise noted, all materials, including
images, illustrations, designs, icons,
photographs, video clips, and written and other
materials that appear as part of this Site
(collectively, the "Contents") are
copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or
licensed by NPBHS.com, LLC, and its subsidiaries
and/or affiliates (“NPBHS”). The Site as a
whole is protected by copyright and trade dress,
all worldwide rights, titles and interests in
and to which are owned by NPBHS.
The Contents of our Site, and the Site as a
whole, are intended solely for personal,
noncommercial (other than for the purchase of
merchandise from our site) use by the users of
our Site. You may download or copy the Contents
and other downloadable materials displayed on
the Site for your personal use only. No right,
title or interest in any downloaded materials or
software is transferred to you as a result of
any such downloading or copying. You may not
reproduce (except as noted above), publish,
transmit, distribute, display, modify, create
derivative works from, sell or participate in
any sale of, or exploit in any way, in whole or
in part, any of the Contents, the Site, or any
related software.
3. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER
SUBMISSIONS
All comments, feedback, postcards, suggestions,
ideas, and other submissions disclosed,
submitted or offered to NPBHS on or by this Site
or otherwise disclosed, submitted or offered in
connection with your use of this Site
(collectively, "Comments") shall be
and remain NPBHS property. Such disclosure,
submission or offer of any Comments shall
constitute an assignment to NPBHS of all
worldwide rights, titles and interests in all
copyrights and other intellectual properties in
the Comments. Thus, NPBHS will own exclusively
all such rights, titles and interests and shall
not be limited in any way in its use, commercial
or otherwise, of any Comments. NPBHS is and
shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any
compensation for any Comments; or (3) to respond
to any user Comments.
You agree that no Comments submitted by you to
the Site will violate any right of any third
party, including copyright, trademark, privacy
or other personal or proprietary right(s). You
further agree that no Comments submitted by you
to the Site will be or contain libelous or
otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for
the content of any Comments you make.
You agree that NPBHS may use and/or disclose
information about your demographics and use of
the Site in any manner that does not reveal your
identity. By participating in Site sweepstakes,
contests, promotions, and/or requesting
promotional information or product updates, you
agree that NPBHS may use your information for
marketing and promotional purposes.
4. NPBHS’S COMMUNICATIONS TO YOU
You agree that NPBHS may send electronic mail to
you for the purpose of advising you of changes
or additions to this Site, about any of NPBHS’s
products or services, or for such other
purpose(s) as NPBHS deems appropriate.
5. COLORS
We have made every effort to display as
accurately as possible the colors of our
products that appear at the Site. However, as
the actual colors you see will depend on your
monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
6. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to
outside services and resources, the availability
and content of which NPBHS does not control, any
concerns regarding any such service or resource,
or any link thereto, should be directed to the
particular outside service or resource.
7. MONITORING
NPBHS shall have the right, but not the
obligation, to monitor the content of the Site,
to determine compliance with this Agreement and
to satisfy any law, regulation or authorized
government request. Without limiting the
foregoing, NPBHS shall have the right to remove
any material that NPBHS, in its sole discretion,
finds to be in violation of the provisions
hereof or otherwise objectionable.
8. DISCLAIMER, LIMITATION OF LIABILITY, AND
INDEMNITY
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. NPBHS DOES NOT WARRANT THAT YOUR USE OF
THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE,
OR THAT THIS SITE OR ITS SERVER ARE FREE OF
VIRUSES OR OTHER HARMFUL ELEMENTS. YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK. YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT
THAT YOU USE IN CONNECTION WITH YOUR USE OF OUR
SITE. NPBHS SHALL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
ALTHOUGH NPBHS ENDEAVORS TO PROVIDE ACCURATE
INFORMATION, IT DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE ACCURACY OR
RELIABILITY OF INFORMATION ON THIS SITE. NEITHER
NPBHS NOR ITS RELATED ENTITIES OR ITS VENDORS OR
CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON
OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS,
DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE,
SPECIAL OR OTHERWISE), INJURY, CLAIM, OR
LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER
BASED UPON OR RESULTING FROM YOUR USE OR
INABILITY TO USE THIS SITE, OR ANY INFORMATION
OR MATERIALS PROVIDED ON THE SITE. NPBHS IS NOT
LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL
CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH THE SITE OR WITH ANY OF NPBHS’S TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SITE. YOU AGREE TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS NPBHS, ITS
SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, DISTRIBUTORS, VENDORS AND RELATED
ENTITIES FROM AND AGAINST ANY AND ALL THIRD
PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR
EXPENSES, INCLUDING REASONABLE ATTORNEY’S
FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF
ANY OF THESE TERMS OF USE OR USE OF THIS SITE.
9. TERMINATION
These Terms of Use constitute an Agreement which
is effective unless and until terminated by
either you or NPBHS. You may terminate this
agreement at any time by sending an e-mail to Webmaster@NPBHS.com. NPBHS may also terminate
this agreement at any time and may do so
immediately without notice, and accordingly deny
you access to this site, if in NPBHS's sole
discretion, you fail to comply with any term or
provision in this Agreement. Upon any
termination of this agreement, you must promptly
destroy all materials downloaded or otherwise
obtained from this Site, as well as copies of
such materials. These Terms of Use constitute
the entire Agreement between you and NPBHS
relating to the subject matter addressed herein.
10. SEVERABILITY
You agree that the terms of this Agreement are
severable. If any term or provision is declared
invalid or unenforceable, that term or provision
will be construed consistent with applicable law
as nearly as possible to reflect the original
intentions of the parties, and the remaining
terms of the Agreement will remain in full force
and effect.
11. APPLICABLE LAW
This Agreement shall be construed in accordance
with the laws of the State of Missouri, without
regard to any conflict of law provisions. Any
dispute arising under this Agreement shall be
resolved exclusively by the state and federal
courts located in St. Louis, Missouri.
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All rights reserved by NPBHS.com. The information contained
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