Don Moen Productions, LLC d/b/a DonMoen.com owns and operates this website (hereafter, the “Site,” which shall also include any other websites owned or operated by DonMoen.com, services related to such operation, or any communications related to DonMoen.com). All references hereafter to DonMoen.com shall include Don Moen Productions, LLC, and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Don Moen Productions, LLC.
By using the Site, you, the user of the Site (“you” or “user”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all modifications hereto. DonMoen.com reserves the right, at its discretion, at any time, to change or modify the terms and conditions of this Agreement applicable to you, or any part thereof and to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately. Each time you use the Site the terms and conditions set forth in this Agreement shall apply to such use.
Users of the Site should periodically check for changes to this Agreement. Your continued use of the Site following the posting of changes to this Agreement on the Site, or by other means by which you obtain notice thereof means you accept those changes.
IF YOU ARE UNDER THE AGE OF 18, YOU MAY NOT USE THE PRODUCTS OR SERVICES PROVIDED BY THE SITE.
IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS SITE.
DONMOEN.COM RESERVES THE RIGHT TO REFUSE OR REVOKE SERVICE TO YOU OR ANY USER AT ANY TIME.
DONMOEN.COM SHALL HAVE THE RIGHT BUT NOT THE OBLIGATION TO MONITOR THE CONTENT OF THE SITE AND USE THEREOF TO DETERMINE COMPLIANCE WITH THIS AGREEMENT.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by DonMoen.com or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of DonMoen.com and protected by U.S. and international copyright laws. All software used on the Site is the property of DonMoen.com or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site (“Site Materials”) subject to the following conditions:
- The Site Materials may only be used for your personal, non-commercial use;
- The Site Materials may not be modified
- The Site Materials may not be copied and posted on any other web site
- All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted and the following notice must appear on each copy of Site Materials: “Copyright © [insert year] DonMoen.com. All rights reserved. Protected by the copyright laws of the United States and international treaties” must appear on each copy of Site Materials.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site’s design, or the Don Moen logo or other “Trademarks” as defined below, without the express written permission of DonMoen.com, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Site by Users (“Submitted Materials”) or voicemails left by callers through our telephone line (+1-629-777-5997) are submitted with the express understanding that the Submitted Materials may be used without limitation by DonMoen.com or any of its affiliates, in whole or in part, for any purpose in perpetuity, including modification, reproduction, transmission, publication, advertising, press, publicity, broadcast, and posting in any media, including but not limited to in connection with television and/or radio broadcasts affiliated with Don Moen. You additionally agree that DonMoen.com is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By submitting such Submitted Materials, you are conferring to DonMoen.com a perpetual non-exclusive license to use the Submitted Materials for any and all purposes.
DO NOT POST YOUR PERSONALLY IDENTIFIABLE CONTACT INFORMATION IN ANY MESSAGE BOARDS OR OTHER PART OF THE SITE ACCESSIBLE TO USERS, INCLUDING YOUR TELEPHONE NUMBER, HOME, BUSINESS OR EMAIL ADDRESS. ANY POSTING OF SUCH PERSONAL INFORMATION IS EXPRESSLY AT YOUR OWN RISK.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to Don Moen and DonMoen.com (collectively, the “Trademarks”), displayed on the Site are the trademarks of DonMoen.com and other parties. All rights reserved. Nothing contained in the Site should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of DonMoen.com or the third party that owns the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in this Agreement, is strictly prohibited. Any other trademarks appearing on DonMoen.com which are not the property of the Site are the property of the respective owners.
4. User Responsibilities. You agree that you will conduct yourself in a mature manner that lends itself to civil discourse, and that you shall use DonMoen.com for lawful purposes only. Further, you agree not to use any facilities or resources available on or through DonMoen.com to perpetrate prohibited conduct, whether against DonMoen.com, Don Moen individually, or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, unauthorized copying of Submitted Materials, Site Materials or Intellectual Property, pornography, unsolicited advertising, postings which are deemed excessive in number or deemed to be initiated to harm the business of DonMoen.com, or other communication that creates a nuisance or is otherwise offensive to the recipient or the DonMoen.com audience. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights. You agree not to transmit any unlawful, threatening, harassing, libelous, defamatory, obscene, pornographic, or profane material, any material submitted without permission under another person’s name, or other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. You shall not, without the express written approval of DonMoen.com submit any materials which contains advertising or any solicitation with respect to products or services, including any on-line information services competitive with DonMoen.com. Site shall have the right, in its sole discretion to edit or remove any material portion of Submitted Materials, which in its sole discretion, it finds to be in violation of the provisions of this agreement or otherwise objectionable.
6. Limits on Liability. You agree that at no time during or after the term of this Agreement shall DonMoen.com be liable for:
- The contents of any communication, message, or other information sent by you or third parties to DonMoen.com, or posted by you or other third parties on any part of the Site;
- The contents of any website not controlled, owned, or operated by DonMoen.com that is accessed from or linked to any part of the Site;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- The results of any interpersonal interactions to which you are exposed or in which you become involved through the Site or other DonMoen.com services, and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site or related services, or download any of the software through any of the Site, even if DonMoen.com has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, any services or products, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using the Site.
DonMoen.com may include links to other Internet sites, both related and unrelated to the Site. Additionally, other sites may link to the Site with or without the permission of DonMoen.com. Descriptions of or references to individuals, companies, products, services or publications not owned by DonMoen.com on the Site or any linked website do not imply any endorsement of such individuals, companies, products, or publications by DonMoen.com. DonMoen.com shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, products, services, or publications accessed through the Site. Further it is acknowledged and agreed that, any actions taken by DonMoen.com to improve the user experience of the Site, including by removal of any Submitted Materials or occasional review of postings by individuals on the Site, shall not be deemed to constitute or create a duty by DonMoen.com to monitor the content thereof, nor shall it be deemed a basis for any liability by DonMoen.com in connection with Submitted Materials or otherwise without limitation.
7. Termination. In addition and without prejudice to any other legal or equitable remedies available to DonMoen.com, DonMoen.com may terminate your right to use the Site at any time and for any reason whatsoever. Subject to the “Survivability” provisions of Section 11 below, you may terminate this Agreement by closing your account with DonMoen.com.
8. Indemnification. You agree to indemnify and hold DonMoen.com, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Don Moen Productions, LLC harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the Site, Site Materials or related services or any information posted by you on the Site; (b) your use of any Submitted Materials, products or services offered by third-parties through the Site, including without limitation any damage to any software or hardware as a result of any viruses; (c) your download and/or use of any of the software available for download through any part of the Site; or (d) your alleged breach of this Agreement.
9. Disclaimer of Warranties. The information, material, services, and products (including the products and services offered through the Site and provided by third parties) included on any part of the Site may include inaccuracies, typographical errors, and other problems.
ALL OF THE SITE MATERIALS, CONTENT, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DONMOEN.COM DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DONMOEN.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DONMOEN.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, OR FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT DONMOEN.COM IS NOT LIABLE FOR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USERS OF DONMOEN.COM OR ANY CLAIM FOR VIOLATION OF PUBLICITY OR PRIVACY RIGHTS.
USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OF ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
10. Disputes with DonMoen.com. These Terms and Conditions shall be governed by the laws of the State of Tennessee applicable to contracts entered into and performed exclusively in that State, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live.
You and DonMoen.com agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the AAA) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and and DonMoen.com are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. For any disputes or actions not subject to arbitration, you and DonMoen.com agree to submit to the personal jurisdiction to any court of competent jurisdiction sitting within Davidson County, Tennessee, which will be the exclusive jurisdiction and venue for any applicable disputes or actions.
DonMoen.com makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. DonMoen.com does not market all of its products or services in all countries. Software from any part of the Site may be subject to U.S. and Canadian export controls.
11. Miscellaneous. This Agreement constitutes the entire agreement between you and DonMoen.com and its affiliates, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of DonMoen.com. Sections 1, 2, 3, 5, 6, 7, 8, 9 10, and 11 of this Agreement shall survive any use of the Site. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by DonMoen.com at any time.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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