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Terms of Use

By using or accessing this Website you signify your acknowledgment of and assent to the Terms of Use set forth below. We reserve the right to revise these terms at any time by posting revised terms to this Website, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes.

 Except as otherwise specifically provided elsewhere on this Website, redistribution, re transmission, republication or commercial exploitation of the contents of this Website are expressly prohibited without our written consent and that of any copyright owner from whom we have obtained a license. Requests for such permission should be made to sales@atheistgear.com.  All rights not expressly granted herein are reserved.
Contents and Hyperlinks
This Website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. We have no control over the content or policies of such third party websites, and thus we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any Websites hyperlinked to this website. Those who choose to access information from this Website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

Interactive Areas and Code of Acceptable Conduct
We do not ordinarily monitor, filter, censor, edit or regulate information and content provided by third parties on this Website, including any such information provided in chat rooms, listservs, bulletin boards or other interactive areas, but reserves the right to do so in its sole discretion.

By participating in interactive portions of this Website, you represent that you have proper right and authorization to use any information or content you upload or post, and you automatically grant (or warrant that the owner of such materials has expressly granted) to the us an unlimited, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, publicly perform and display, create derivative works from and distribute such materials or incorporate such content into any form, medium, or technology now known or later developed. In addition, you warrant that all so-called “moral rights” in those materials have been waived. Finally, you agree to abide by the following code of conduct:

  • You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.
  • You will not upload viruses or harmful components.
  • You will not use the Website to further any unlawful purpose or to violate the rights of any party.
  • You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
  • You will not utilize this Website to engage in communications leading or related to an agreement in restraint of trade, to exchange specific information relating to your prices, profits, or costs, or in any other manner to limit competition or restrain trade in violation of state and federal antitrust laws.

We will assist law-enforcement officials in investigating illegal activity or violations of these Terms of Use. Any Website user who believes a violation of this code of conduct has occurred is encouraged to report it to us.

Products, Services and Software
Downloading software from this Website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Accordingly, you acknowledge that you shall use any such software only in accordance with the license agreement that is included with the software or presented upon download of or access to such software. Such software may not be copied, redistributed or placed on any server for further distribution and you agree not to sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this Website (including any description or reference via hyperlink) does not imply endorsement by us of that product, service or publication.

Your purchase of books or other products from this Website is also subject to any terms of sale presented in connection with such purchase. Products and software offered through this Website shall be warranted, if at all, only through the written license or warranty provided in connection with such product or software. All implied warranties, including the warranty of merchantability, fitness for a publication purpose and title are hereby disclaimed.  In the event that a product is listed at an incorrect price due to mistake, typographical error, or error in pricing information received from suppliers, we will have the right to refuse or cancel any orders placed for the products listed at the incorrect price, whether or not the order has been confirmed or accepted.

No Representations or Warranties
THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, OR ANY WARRANTY THAT THIS WEB SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEB SITE. YOU AGREE TO HOLD THE US HARMLESS FROM AND YOU COVENANT NOT TO SUE US FOR ANY CLAIMS BASED ON USE OF THIS WEB SITE OR USE OR RELIANCE ON THE INFORMATION CONTAINED THEREIN. DEPENDING UPON APPLICABLE LAW, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

Indemnification for Account
Members are responsible for maintaining the confidentiality of their passwords and accounts, and for all activities that occur under their accounts. You agree to indemnify, defend and hold us harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of this Agreement or from use of your account, including the content of messages posted using your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right, at our expense, to assume the defense and control of any matter subject to indemnification by you.
Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL THE AMERICAN ACADEMY OF PEDIATRICS BE LIABLE FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY USE OF, OR THE INABILITY TO USE THIS WEBSITE, ANY CONTENT ON THIS WEB SITE, OR ANY PRODUCT OR SERVICES OBTAINED THROUGH THE WEBSITE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DEPENDING UPON APPLICABLE LAW, THIS EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THIS WEB SITE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE.

Jurisdiction and Choice of Law
Information published on this Website may contain references to products, programs and services that are not applicable to or available in your country or region. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be performed in that state. You irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these Terms of Use or their subject matter and waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

Nothing on this Website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Severability
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.
Privacy
Please see our Privacy Statement for information regarding the collection and use of personal information from this Website. Specific areas or pages of this Website may include additional or different terms relating to the use of personal information collected from such areas or pages and, in the context presented, in the event of any conflict between those specific terms and these Terms of Use or our Privacy Statement, those specific terms shall control.
General
These Terms of Use, the Privacy Statement and any additional terms found in specific areas of the Web Site, represent the entire understanding relating to the use of this Website and prevail over any prior or contemporaneous, conflicting or additional communications. Specific areas or pages of this Website may include additional or different terms relating to the use of this Website or the rights or obligations. In the event of a conflict between such additional or different terms and these Terms of Use, such additional or different terms shall control in the context presented.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this Website is strictly prohibited. We reserve all legal rights and remedies available to us and this disclaimer shall in no way be deemed a limitation or waiver of any other rights.

Contact Information
sales@atheistgear.com

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