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www.mystateposters.com
Terms of Use
Last Updated: January 20, 2011
Please read these Terms of Use carefully. They contain important
information about your rights and obligations.
The website is brought to you by Everglades Direct, Inc. ("we"
or "us" or "our"). By visiting and/or using the Website, you fully
and unconditionally agree to these Terms of Use. If you do not
agree to these Terms of Use, please do not visit or use the
Website. Any offer provided by us is conditioned upon your
acceptance of this Terms of Use Agreement. By using this site, you
represent that you lawfully consent to U.S. jurisdiction for all
purposes on our site as if a resident of the U.S., and have the
right, authority and capacity to enter into these Terms of Use
Agreement.
Changes to Terms of Use
We may revise these Terms of Use at any time by updating this
page. Such changes will be effective immediately upon posting. It
is your responsibility to periodically visit this page to review
the most current version of the Terms of Use. Your continued use of
the website following such change will indicate your acceptance to
the Terms of Use. You may print a copy of these Terms of Use
Agreement for your reference.
Registration (if applicable)
When and if you set up an account and/or use the Services on the
Website, you agree to: (1) provide accurate, current, and complete
information; (2) maintain and keep your information accurate,
current, and complete; (3) not impersonate any person or entity,
and (4) you will not select a user name that in our sole discretion
deems offensive. We reserve the right to terminate your access to
and use of the Website and Services if any information provided by
you is untrue, inaccurate, not current, or incomplete. Our use and
disclosure of any information you provide us is governed by our privacy policy. All activity
conducted in connection with your account will be your
responsibility.
Your Conduct
Visiting this Site: By using this site
you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate
the rights of others, including without limitation others' privacy
rights or rights of publicity.
- Falsely state or otherwise misrepresent your affiliation with
any person or entity, or use any fraudulent, misleading, or
inaccurate email address or other contact information.
- Restrict or inhibit other users from using the Services.
- Violate any applicable laws, rules, or regulations.
- Express or imply that any statements you make are endorsed by
us.
- Engage in spamming or flooding.
- Access or use (or attempt to access or use) another user's
content without permission.
- Modify, adapt, sublicense, translate, sell, reverse engineer,
decompile, or disassemble any portion of the Services or the
Website.
- Remove any copyright, trademark, or other proprietary rights
notices contained in or displayed on any portion of the
Website.
- "Frame" or "mirror" any portion of the Website, or link to any
page from the Website without our prior written authorization.
- Order or purchase Services through the Website if you are not
18 years of age or older, or have the specific permission of a
parent or legal guardian.
Sharing Information: By using the
Website, you agree not to upload, post, email or otherwise send or
transmit any material that: (1) contains viruses, worms, Trojan
horses, defects, date bombs, time bombs or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment associated with the Website; (2) is
abusive, illegal, libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights or otherwise objectionable
or which may give rise to liability or violate any law; (3) is in
violation of a copyright, trademark or other intellectual property
or other right of any person; (4) requests personally identifiable
information; or (5) contains any advertisement, solicitations,
chain letters, pyramid schemes, investment opportunities or other
unsolicited commercial communication.
Your Submissions: If you choose to
upload or otherwise submit any material through the Website,
including without limitation, video photographs, images, text,
graphics, sounds, data, or files to the Website, by uploading such
video or photographs you represent and warrant that: (1) you own or
otherwise possess all necessary rights with respect to your
Submissions; (2) your Submissions do not and will not infringe,
misappropriate, use or disclose without authorization, or otherwise
violate any intellectual property or proprietary rights of any
third party; and (3) you hereby consent to the use of your
likeness, and you acknowledge you have obtained the written
consent, release, and/or permission of every identifiable
individual who appears in a Submission to use such individual's
likeness, or if any such identifiable individual is under the age
of eighteen (18), you have obtained such written consent, release
and/or permission from such individual's parent or guardian (and
you agree to provide to us with a copy of any such consents,
releases and/or permission upon our request).
We may request that you submit evidence of your ownership of or
right to use your Submissions. If, upon such request, we do not
receive information we deem sufficient to evidence such rights, we
reserve the right to: (i) suspend the shipping of an order or
service relating to such content, and/or (ii) share the content and
information regarding the member with governmental organizations,
law enforcement authorities or other third parties.
Age Limitations
You must be 18 to order or purchase Services from this site unless
you have the specific permission from a parent or legal guardian.
If you use any chat room or other community page on the Website,
you must be at least thirteen (13) years old. We recommend that
minors over age 13 (that is, between ages 13 and 18) obtain their
parent's or guardian's permission before sending information about
themselves to anyone online. Click
here for tips on staying safe online.
If you are a convicted sexual predator, you may not use any such
Website feature (chat rooms or community pages).
Obligations & Responsibilities
You acknowledge that, by providing you with the ability to view
and distribute user-generated content on the Website, we are acting
only as a passive conduit for such distribution, and we are not
undertaking any obligation or liability relating to any such
content. We do not and cannot review all communications and
materials posted to the Website, and we are not responsible for the
content of such communications and materials. All such content is
offered AS IS, and you view and use it at your own risk. You
acknowledge and agree that we may (but are not obligated to) do any
of the following, at our discretion: (1) monitor and/or filter any
Submissions; (2) remove or refuse to send, transmit, or otherwise
use any Submission (including without limitation, by suspending the
processing and shipping of any order related to any Submission);
and/or (3) disclose any Submission, and the circumstances
surrounding the transmission or use thereof to any third party.
If you become aware of misuse of the Website by any person,
please contact us at customerservice@mystateposters.com.
Our Use of Information Submitted
You agree that we are free to use any comments, information,
reviews, feedback, postings, materials, photographs, artwork,
ideas, or any other content contained in any communication you may
send to us, without notice, compensation or acknowledgement to you,
for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products and services and
creating, modifying or improving the Website or other products or
services.
Idea Submission
Any ideas and/or suggestions that you submit will be owned by us,
and you hereby irrevocably assign any intellectual property rights
in such ideas and suggestions to us.
Order Acceptance & Payment
We reserve the right at any time after receipt of your order to
either accept or decline your order for any reason. We reserve the
right at any time after the receipt of the order, to supply less
than the quantity you ordered of any item. Some circumstances under
which we may cancel the order may include but are not limited to 1)
defects or damages found at the time of shipping, 2) errors in the
product description, quantity and pricing on our website or catalog
(if applicable), 3) due to any typographical error, (4) if an item
is out of stock or no longer available, (5) we become aware of a
product safety concern, or (6) if a product is in violation of
copyright or infringement laws or any other legal issue. By placing
an order, you accept and agree that the total liability of us under
any legal claims whatsoever, shall be limited to the amount of
money you have actually paid solely and only for placing the order.
If your order is rejected or limited by us, your exclusive and sole
remedy is either (a) we will issue a credit to your credit card
account in the amount charged for the cancelled portion or the
quantity not provided (if your credit card had been charged for the
order), (b) we will issue a check for the amount paid by you if
payment was received check (if applicable/accepted) or (c) we will
not charge your credit card for the cancelled portion of the order
of the quantity not provided. It will be in our sole discretion how
to refund, refinance, or replace an item with a similar or
identical product.
For each product or service you order from the website, you
agree to pay the price applicable for the product or service
(including any sales tax, surcharges and any delivery fees for the
delivery service you select) as of the time you submitted the
order. Unless agreed upon an alternative billing arrangement in
writing, we will automatically bill your credit card submitted as
part of the order process. By using a credit or debit card you
signify that you are the rightful owner of the card. We shall not
be responsible for inappropriate credit card use nor shall we bear
the responsibility to verify credit card owner. Without limiting
remedies, we reserve the right to charge a late fee on all past due
payments equivalent to the lesser of one and a half percent (1.5%)
per month on the unpaid balance or the highest rate allowed by law.
By ordering from us, you agree to pay for all collection costs,
attorneys fees, and court costs incurred in the collection of past
due amounts.
Compliance
You agree to comply with all applicable laws, statutes and
regulations regarding your use of this Site and your purchase of
products or services (if applicable) through our Site. We may, in
our sole discretion report actual or perceived violations of law to
law enforcement or appropriate authorities. If we become aware of
any potential violation of the Terms of Use or our Privacy Policy,
we may (but are not obligated to) conduct an investigation to
determine the appropriate enforcement action, during which we may
suspend services or terminate the account of any customer being
investigated.
Termination
We reserve the right in our sole discretion to terminate or
restrict your use of the Website or the Services, without notice,
for any or no reason, and without liability to you or any third
party. You agree that we shall not be liable to you or any third
party for any termination of your access to the Website or the
Services. At our sole discretion, we may modify or remove any User
Content that violates or is inconsistent with these Terms of Use or
their intent, that your conduct is disruptive, or you have violated
the law, these Terms of Use, or the rights of us or another user.
We will have no liability to you for any deletion of your User
Content.
We may also change, suspend, or discontinue any aspect of the
Website or the Services at any time, including the availability of
any feature or content without prior notice. Any updates to the
Site will be subject to these Terms of Use.
Trademarks
All trademarks, service marks and trade names of ours used on the
Website are trademarks or registered trademarks of us in the U.S.
and/or other countries. They may not be used without our prior
express written permission. All other trademarks that appear on the
Website are the property of their respective owners, who may or may
not be affiliated with, connected to or endorsed by us.
Copyright
The entire content of the Website, including but not limited to
text, graphics and code, is our property. We grant you permission
to electronically copy and print hard copy portions of the Website
solely for your own personal, non-commercial use, provided that you
do not change or delete any proprietary notices from downloaded or
printed materials. Any other use, including but not limited to the
reproduction, distribution, display or transmission of the Website
content is strictly prohibited, unless authorized by us in
writing.
Copyright Violations
We respect the intellectual property rights of others and will
take appropriate steps to protect the intellectual property rights
of third parties if it receives notice in accordance with the
Digital Millennium Copyright Act. If you believe your copyright or
the copyright of another has been infringed on, please provide our
Copyright Agent with a written notice containing the following
information:
- a physical or electronic signature of the person authorized to
act on behalf of the owner of the copyright interest that you
believe has been infringed;
- an identification of the copyrighted work that you claim has
been infringed;
- a description of where the material that you claim is infringed
is located on the site;
- information on how to contact you including your address,
telephone number, and email address, if available;
- a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent,
or the law; and
- a statement by you, made under penalty of perjury, that the
above information in your notice is accurate and that you are the
copyright owner or authorized to act on the copyright owner's
behalf.
Claims of infringement should be mailed via certified mail,
return receipt requested, to the following address:
General Counsel
1725 Roe Crest Drive
North Mankato, MN 56003
Warranty Disclaimer & Liability Limit
To the fullest extent permissible under applicable law, we present
the Website and the Services "AS IS" and without any warranty of
any kind, whether express, implied, or statutory. We specifically
disclaim any implied warranties of title, merchantability, fitness
for a particular purpose, and non-infringement. We do not warrant
that the functions contained in the Website will be uninterrupted
or error-free, that defects will be corrected or that this Website
or the server that makes this website available are free of viruses
or other harmful components. In the event of any breach of any
warranty, your exclusive remedy shall be that we shall, at our
option, repair, replace, or refund the price you paid for any
defective goods. We assume no liability or responsibility for any
errors or omissions on the Website; any failures, delays or
interruptions in the Website's accessibility; any losses or damages
arising from the use of the Website; or any conduct by other users
of the Website. We reserve the right to deliver the Website in our
sole and absolute discretion. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing may not apply to
you. IN NO EVENT SHALL WE, OUR AFFILIATES, SUBSIDIARIES,
SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE
(JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
WEBSITE OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR
NOT ADVISED OF THE POSSIBILITY OF DAMAGE ARISING OUT OF OR RELATING
IN ANY WAY TO THE SERVICES (INCLUDING, BUT NOT LIMITED TO, ALL
MATERIALS INCORPORATED THEREIN AND ALL FEATURES AND FUNCTIONALITY
OF THE SERVICE) AND TOTAL LIABILITY FOR DAMAGES UNDER THIS
AGREEMENT SHALL BE LIMITED TO THE TOTAL AMOUNT PAID FOR THE
PRODUCT. Some states do not allow the exclusion of certain damages,
so the above may not apply to you. If any authority holds any
portion of this section to be unenforceable, then liability will be
limited to the fullest possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold us, our shareholders,
officers, directors, employees and agents harmless from and against
any third-party claim or cause of action, including reasonable
attorneys' fees and court costs, arising, directly or indirectly,
in whole or in part, out of your use of the Website or your
violation of these Terms of Use, any law or the rights of any third
party.
Electronic Notices
By using the Website, you agree to receive electronic
communications from us. You agree that any notice, agreement,
disclosure or other communication that we send you electronically
will satisfy any legal communication requirements, including that
such communications be in writing.
Third-Party Links
The Website may link to sites operated by third parties. However,
we have no control over these linked sites, all of which have their
own terms of use and data collection practices. These linked sites
are only for your convenience, and you access them at your own
risk.
Disputes
Your use of the Website shall be governed by the laws of
Minnesota, without regard to choice of law provisions. Except where
prohibited, you agree that any and all disputes, claims and causes
of action directly or indirectly arising out of or relating to the
Website shall be resolved individually, without resort to any form
of class action, and exclusively in the state or federal courts
located in Nicollet County, Minnesota. Any cause of action or claim
you may have with respect to the Website must be commenced within
one (1) year after the claim or cause of action arises, or it shall
be forever barred.
General
The Services are controlled and operated within the United States,
and are not intended to be subject to the laws or jurisdiction of
any country or territory other than that of the United States. We
do not represent or warrant that the Services or any part thereof
are appropriate or available for use in any particular
jurisdiction. Those who choose to access the Services do so on
their own initiative and at their own risk, and are responsible for
complying with all local laws, rules, and regulations. We may limit
the Services availability, in whole or in part, to any person,
geographic area or jurisdiction we choose, at any time and in our
sole discretion.
If any provision of these Terms of Use is held to be invalid or
unenforceable, such provision shall be struck, and the remaining
provisions shall be enforced. Headings are for reference purposes
only and in no way define, limit, construe or describe the extent
or scope of such provision. Our failure to enforce any provision of
these Terms of Use shall not constitute a waiver of that or any
other provision. These Terms of Use set forth the entire
understanding and agreement between you and us with respect to the
subject matter hereof.
Contact Us
If you have any questions about these Terms of Use, please contact
us at: customerservice@mystateposters.com.
mystateposters.com
611 Pennsylvania Avenue S.E., #4000
Washington, D.C. 20003-4303
800-256-7083
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