All Star Warbirds Custom Embroidery's Website Terms and Conditions of Use
You must adhere to the terms and conditions for any use of the All Star Warbirds
Custom Embroidery Site ("Site" as defined below). These terms and conditions
are a legal agreement between you and the company or business you work for,
and All Star Warbirds Custom Embroidery stating the terms that govern all orders
from All Star Warbirds Custom Embroidery and your use of this Site (the
"Agreement"). Please read the entire Agreement carefully.
Use of the Site. Sections 1 through 12 apply specifically to any use of the Site.
You agree that your use of the Site or any services available on or through the
Site constitutes acceptance of the terms and conditions herein. If you work for or
represent a business, you represent and agree that you are authorized by that
business to enter into this Agreement on behalf of that business. All Star
Warbirds Custom Embroidery is relying on the fact that you are authorized to
enter into this Agreement on behalf of that business. If at any time you do not
agree to be bound by this Agreement, you must immediately stop using the Site.
All Star Warbirds Custom Embroidery may from time to time amend, supplement
or modify the terms of this Agreement. You must check this Agreement (available
here) periodically for changes. Your continued use of the Site following the
posting of any amendment, supplement or modification means that you accept
and agree to it/them.
Your Use of the Site
Use by Children
Disclaimers and Limitations
Applicable Law and Dispute Resolution
Ordering Terms & Conditions
General Terms & Conditions of Sale
1. The Site. The Site includes everything posted on or provided through pages
posted at http://www.allstarwarbirds.com or any other websites owned or
controlled by All Star Warbirds Custom Embroidery including, but not limited to
the following general categories:
Content: Content encompasses everything you see, hear, or otherwise
receive from, on or through the Site, including but not limited to all software,
marketing tools, images, graphics, photographs, works, copyright-protectible
subject matter, trademarks, service marks, trade dress logos, trade names, text,
documents and sounds, and all services provided through the Site.
2. Use of the Site. You may access, use or download Content for your business
only as specifically permitted on the Site, or for your personal, noncommercial
purposes. All Star Warbirds Custom Embroidery grants you a limited, revocable,
nonexclusive right to use the Marketing Tools as specifically permitted on the
Site, for the purposes expressed on the Site. No other use of Content or
Marketing Tools is allowed. These limited rights are granted to you as long as
Agree that, once you receive a All Star Warbirds Custom Embroidery "Log in”
you and/or authorized person will use your log in to access the Site for your
internal purposes, and you will not allow anyone other than your authorized
person your Log in to access the Site for these purposes.
Make only lawful use of the Site and the content.
Violate no rights or licenses of any third party.
Keep unchanged all copyright and other notices.
Protect the Content from unauthorized use, modification, reproduction,
distribution or publication.
Do not portray All Star Warbirds Custom Embroidery, its affiliates or licensors,
or their products or services, in a false, misleading, derogatory, or offensive way.
Abide by all applicable local, state, federal, national and international laws,
rules and regulations.
You may not upload post, transmit, distribute or otherwise publish on or to the
Site any of the following:
Software virus or other harmful component.
Advertising or commercial material of any kind, except as expressly authorized
in advance by All Star Warbirds Custom Embroidery.
False, threatening, libelous, defamatory, pornographic, obscene or otherwise
You may not interfere with the Site or any other user's use of the Site by, for
example, overloading, flooding, mail-bombing or crashing the Site, sending spam
of any kind through the site, or inserting any code or product or manipulating the
Content in any way that affects any third party's experience of the Site.
All Star Warbirds Custom Embroidery may, at its sole discretion, terminate your
access to the Site if it believes that you have directly or indirectly violated all or
portions of your obligations under this Section 2.
All Star Warbirds Custom Embroidery does not warrant or represent that you or
other customers are permitted to use any third party marks. Any use of third party
marks must comply with any restrictions imposed by the mark owner, and is done
at the customer's own risk. All Star Warbirds Custom Embroidery is not
responsible for the conduct of any person using the Site.
3. Submissions. You will provide accurate, current, and complete information as
may be required in the course of using the Site. You further agree to maintain and
update your information to ensure it is at all times accurate, current, and
complete. All Star Warbirds Custom Embroidery may terminate your use of
portions or the entire Site if any information you provide is false, misleading,
inaccurate or incomplete, as determined by All Star Warbirds Custom Embroidery
in its sole discretion. You agree that All Star Warbirds Custom Embroidery may
store and use any information you provide on an unrestricted basis for purposes
of lawfully conducting its business, including but not limited to, keeping you up to
date on product offerings. All Star Warbirds Custom Embroidery's use of your
4. Use by Children. The Site is intended only for those ages 18 and older. If you
are under 18, you may not register or submit personally identifiable information
on, to or through the Site. All Star Warbirds Custom Embroidery does not collect
personally identifiable information from any person All Star Warbirds Custom
Embroidery knows to be under 18.
5. Links. Links from the Site to third party sites are provided only as a
convenience. You use outside links at your own risk. These links do not
constitute All Star Warbirds Custom Embroidery's endorsement of any third party,
its site, or its goods or services. All Star Warbirds Custom Embroidery shall not
be responsible for and hereby disclaims liability for any injury or damages you
may experience by using third party materials. You may not create links to the
Site that portray All Star Warbirds Custom Embroidery in a false or misleading
light. You may not use "framing" or similar techniques to enclose any portion of
6. Image Library.. All images, photographs, pictures, designs and illustrations
appearing in the All Star Warbirds Custom Embroidery Image Library ("Designs")
are protected by copyright law and other applicable laws and regulations. Images
in the All Star Warbirds Custom Embroidery Design Library are intended for use
by All Star Warbirds Custom Embroidery customers only. By accessing the All
Star Warbirds Custom Embroidery Image Library, you represent and warrant that
you are a customer of All Star Warbirds Custom Embroidery and will at all times
comply with all applicable laws, regulations, this Agreement and any other terms
and conditions of use. You may not use Images in the Design Library for any
purpose unrelated to your business with All Star Warbirds Custom Embroidery.
Images are updated from time to time. You may only use Designs currently
appearing in the Designs Library and it is your responsibility to ensure that, at all
times, you use current Designs. Use of model or other images that would be
potentially unflattering, defamatory, libelous, or otherwise unlawful is strictly
7. Intellectual Property. Unless otherwise noted, All Star Warbirds Custom
Embroidery owns or has licensed all Content, and any copyright, trademark, trade
dress or other intellectual property which is protected under U.S. and international
laws and treaties. The Site contains various protected trademarks, service marks,
trade names and trade dress owned by All Star Warbirds Custom Embroidery.
Other trademarks used on the Site are the property of their respective owners.
You may not use any All Star Warbirds Custom Embroidery or other trademarks
as part of your company name, corporate name, trade name or domain name.
8. Disclaimers and Liability Limitations. YOU USE THE SITE (COLLECTIVELY,
THE "ALL STAR WARBIRDS CUSTOM EMBROIDERY PROPERTIES")
SOLELY AT YOUR OWN RISK. ALL STAR WARBIRDS CUSTOM
EMBROIDERY PROVIDES THE ALL STAR WARBIRDS CUSTOM
EMBROIDERY PROPERTIES ON AN "AS-IS, WHERE-IS" BASIS, AND
DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AND
REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ACCURACY,
COMPLETENESS, IMPLIED WARRANTIES OF MERCHANTABILITY, QUIET
ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE TITLE, AND
NONINFRINGEMENT AND ANY IMPLIED INDEMNITIES. IN NO EVENT WILL
ALL STAR WARBIRDS CUSTOM EMBROIDERY OR ITS LICENSORS BE
LIABLE UNDER ANY THEORY FOR ANY DAMAGES RELATED TO YOUR
USE OF OR INABILITY TO USE THE ALL STAR WARBIRDS CUSTOM
EMBROIDERY PROPERTIES, INCLUDING WITHOUT LIMITATION DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE,
COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR
LOSS OF OR DAMAGE TO PROPERTY, EVEN IF ALL STAR WARBIRDS
CUSTOM EMBROIDERY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. If you are dissatisfied with the Site or any of the terms in this
Agreement, your sole and exclusive remedy is to stop using the Site. Some
states do not allow certain limitations on implied warranties or certain damages,
so some of the above exclusions may not apply to you. You understand and
agree that All Star Warbirds Custom Embroidery would not make the Site
available "but for" your agreement to these disclaimers and liability limitations,
and that All Star Warbirds Custom Embroidery is at all times relying on your
agreement to these disclaimers and liability limitations when it provides you with
access to and use of the Site.
9. Indemnification. You agree to defend, indemnify and hold harmless All Star
Warbirds Custom Embroidery and its affiliates, officers, directors, owners, agents,
employees, contractors, licensees and licensors from and against any and all
actual or threatened claims, damages, costs and expenses, including all costs,
expenses and reasonable attorneys' fees (including without limitation, fees and
costs incurred in a bankruptcy proceeding, whether or not a lawsuit is filed),
arising from or related to your use of the Site, and for your violation of any of the
terms or conditions contained in this Agreement.
10. Termination. Your failure to comply with any of the covenants, terms or
conditions in this Agreement automatically revokes your authorization, right and
license to use the Site, Marketing Tools and Software, and terminates any and all
rights granted to you hereunder. Various parts of this Agreement will continue in
full force and effect upon termination of your rights, according to their nature,
including restrictions, disclaimers, liability limitations and indemnification
obligations. Upon termination, you must promptly destroy all Content and
Software downloaded or obtained from this Site, as well as all copies of any
Content or Software. All Star Warbirds Custom Embroidery may change, suspend
or discontinue or restrict any Site feature at any time without prior notice.
11. Applicable Law and Dispute Resolution. This Agreement shall be governed
by, construed and enforced in accordance with the internal laws of the State of
Minnesota without giving effect to principles and provisions thereof relating to
conflict or choice of laws irrespective of the fact that any one of the parties is now
or may become a resident of a different state. Venue for any action under this
Agreement shall lie only in Sherburne County, Minnesota. The parties hereby
consent to personal jurisdiction over them by the courts within Sherburne County,
Minnesota. The parties waive all objection and challenge to such venue and
personal jurisdiction. In the event of a dispute hereunder, the prevailing party
shall be entitled to recover its costs and expenses incurred, including reasonable
12 Miscellaneous. This Agreement constitutes the entire agreement between you
and All Star Warbirds Custom Embroidery regarding access to and use of the
Site and governs your use of any Software, Content or Marketing Tools,
superseding and entirely replacing prior agreements (if any) between you and All
Star Warbirds Custom Embroidery therefor. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party
content, or third-party software. If any part of this Agreement is held invalid or
unenforceable, that portion shall be construed in a manner consistent with
applicable law to reflect, as nearly as possible, the original intentions of the
parties, and the remaining portions shall remain in full force and effect. All Star
Warbirds Custom Embroidery failure to enforce any right or provisions in this
Agreement will not constitute a waiver of such provision, or any other provision of
this Agreement. All Star Warbirds Custom Embroidery will not be responsible for
failures to fulfill any obligations due to causes beyond its control. All Star
Warbirds Custom Embroidery obtains permission from other manufacturers and
content owners to make their brands, logos, products and other content available
to you through the Site. You agree that these owners that license their rights and
content to All Star Warbirds Custom Embroidery for the Site are intended
third-party beneficiaries under this Agreement with the right to enforce the
provisions of this Agreement that directly concern their content. In the event it
should be determined that any provision of this Agreement is uncertain or
ambiguous, the language in all parts of this Agreement shall be in all cases
construed as a whole according to its fair meaning and not strictly construed for
nor against either party.
YOU HAVE READ, UNDERSTOOD AND APPROVED OF THIS AGREEMENT;
YOU HAVE HAD AN OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL
AND WITH SUCH OTHER EXPERTS OR ADVISORS AS YOU HAVE DEEMED
NECESSARY IN CONNECTION WITH THIS AGREEMENT. THE FACT THAT
ALL STAR WARBIRDS CUSTOM EMBROIDERY MAY HAVE DRAFTED ALL
OR PORTIONS OF THIS AGREEMENT SHALL HAVE NO BEARING UPON ITS
INTERPRETATION OR CONSTRUCTION.
YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED
HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS
REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE
DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY.
ALL STAR WARBIRDS CUSTOM EMBROIDERY COULD NOT PROVIDE THE
ALL STAR WARBIRDS CUSTOM EMBROIDERY PROPERTIES, OR ITS
PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING "BUT FOR"
YOUR AGREEMENT TO THESE TERMS AND CONDITIONS.