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This Terms of Use Agreement (the "Agreement") is entered into by and between Ties Black ("Company") and the user ("User") of the Company's website and any related services (collectively, the "Website"). This Agreement constitutes a legally binding agreement between the User and the Company. By accessing or using the Website, the User agrees to be bound by the terms and conditions of this Agreement. If the User does not agree to these terms and conditions, they must not access or use the Website.
By accessing or using the Website, the User acknowledges that they have read, understood, and agree to be bound by the terms and conditions of this Agreement, as well as any other applicable rules, policies, or guidelines that may be updated from time to time by the Company. If the User does not agree to these terms and conditions, they must not access or use the Website.
The Website and its original content, features, and functionality are and will remain the exclusive property of the Company and its licensors. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Any unauthorized use of the Website may violate copyright, trademark, and other applicable laws.
The User may have the opportunity to create, post, or store content on the Website. The User retains ownership of any intellectual property rights that they hold in such content. By creating, posting, or storing content on the Website, the User grants the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute such content on and through the Website for the purpose of operating and providing the services of the Website. The User represents and warrants that they have all necessary rights to grant the licenses granted in this section, and that the content they create, post, or store on the Website does not violate any applicable laws or regulations or infringe upon the rights of any third party.
The Company, its affiliates, agents, directors, officers, employees, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from or in connection with the User's access to or use of, or inability to access or use, the Website or any content on the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, regardless of whether or not the Company has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed its essential purpose.
a. The Company does not guarantee the accuracy, completeness, reliability, or timeliness of any information on the Website. The User acknowledges that any reliance on such information is at their own risk.
b. The Website may contain links to third-party websites that are not owned or controlled by the Company. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. The User acknowledges and agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
c. The Company reserves the right to modify, suspend, or discontinue the Website or any part thereof without prior notice or liability.
This Agreement shall be governed by and construed in accordance with the laws of [INSERT JURISDICTION], without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement shall be exclusively brought in the federal or state courts located in [INSERT JURISDICTION] and the parties hereby consent to the personal jurisdiction and venue therein.
a. This Agreement constitutes the entire agreement between the User and the Company regarding the use of the Website.
b. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by law.
c. The failure of the Company to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision.
d. The User may not assign or transfer this Agreement, by operation of law or otherwise, without the Company's prior written consent. Any attempt by the User to assign or transfer this Agreement, without such consent, will be null and of no effect.
e. The Company may assign or transfer this Agreement, at its sole discretion, without restriction.