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Terms of Use

Welcome to www.brianatwood.com.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. YOUR USE OF THE WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS OF USE AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS OF USE OR THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THE WEBSITE.

By accessing or using the BA Brand Holdings LLC ("Brian Atwood ") website located at www.brianatwood.com (the "Website"), you indicate that you have read and understand this Terms of Use Agreement (the "Terms of Use"), which incorporates by reference our Privacy Policy, located at https://brianatwood.com/pages/privacy-policy, and agree to be bound by it in its entirety. You must accept the Terms of Use in order to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact info@brianatwood.com. If you do not accept the Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of the Terms of Use. If at any time you do not agree to the Terms of Use, you must cease your use of the Website.

The Terms of Use apply only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. It is your obligation to review the Terms of Use before accessing the Website or making a purchase. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated. We reserve the right to change the contents of the Website at any time in our sole discretion, with or without notice. Your continued use of the Website following the posting of changes to the Terms of Use means that you accept and agree to the changes.

I. Termination Of Access

Use of the Website is a privilege. Users who violate the Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion. The Website and its contents are not intended for the use of children. Individuals under the age of 18 may not use, or submit any information to, the Website and may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, action taken on the Website.

II. Definitions

For the purposes of the Terms of Use, the following definitions apply:

"Affiliates" refers to companies and divisions under the ownership of BA Brand Holdings LLC or that own BA Brand Holdings LLC.

"Content" includes all Text, Graphics, Design and Programming used on the Website.

"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

"Programming" includes, but is not limited to, both client-side code (including, but not limited to, HTML, JavaScript, etc.) and server-side code (including, but not limited to, Active Server Pages, VBScript, databases, etc.) used on the Website.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

."you" or "your" refers to the person accessing the Website and agreeing to the Terms of Use.

III. Use Of This Website

To read more about us, please view our About Brian page located at https://brianatwood.com/pages/about-brian. The Website has e-commerce functions and is intended to facilitate the offering for sale of our products by Brian Atwood, as well as to provide access to other informational and promotional materials. Subject to the terms and conditions contained in the Terms of Use, Brian Atwood grants to you a single, non-exclusive, non-transferable, non-sublicenseable, limited personal license to view, access and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. The Website may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent. Any breach of the Terms of Use shall result in the immediate revocation of the license without notice to you. All rights not expressly granted to you in the Terms of Use are reserved and retained by Brian Atwood.

Account Registration

Certain functions of the Website may require registration, including purchasing products and posting reviews. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at My Account.

Product Information and Specifications

All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain colors, measures and similar descriptions may be approximate and are provided for convenience purposes only. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.

Product Orders; Quantity Limits; Resale

We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available. You may not purchase any item from the Website for resale by you or any other person, and you may not resell any item purchased from the Website.

Refunds and Exchanges

We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unworn merchandise within 30 days of delivery. Please see our returns and exchange policies.

Sweepstakes, Contests and Promotions

Any sweepstakes, contests, or other promotions made available through the Website or otherwise by Brian Atwood may be governed by specific rules that are separate from these Terms of Use. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the Terms of Use set forth herein. To the extent that the terms and conditions of any such specific rules conflict with these Terms of Use, the terms and conditions of such rules shall control. Our Privacy Policy will govern any information you submit in connection with such activities.

IV. Restrictions on Use of the Website

You may not collect or use any portion of the content of the Website in any derivative way, or download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by the Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by the Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use of the Website will terminate the permission or license granted by Brian Atwood, which termination is in addition to all of Brian Atwood's other rights at law or in equity. In addition, you specifically agree not to use the Website to do any of the following:

  • Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
  • Harm or exploit children;
  • Advocate illegal activity or an intention to commit an illegal act;
  • Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
  • Email or transmit content that constitutes a "pyramid" or similar scheme;
  • Email or transmit content that infringes on the intellectual property or the right of any entity or person;
  • Advertise or otherwise engage in any commercial endeavor without Brian Atwood's explicit, written permission;
  • Intentionally or unintentionally violate any applicable local, state, national or international law;
  • Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
  • Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website.

V.  Information You Provide to Brian Atwood via the Website

If you choose to provide any personal information via the Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy. In order to facilitate communications between you and Brian Atwood, the Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. To the fullest extent permitted by applicable law, Brian Atwood shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.

Limitations on Information Submitted

Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us (collectively, "Submissions") will be deemed non-confidential, and by submitting it, you are granting us an irrevocable, royalty-free, perpetual and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no payment or other compensation to you, subject to the Privacy Policy. You also acknowledge that we may use your Submissions and any ideas, concepts or know how contained therein for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. However, we will not use your name unless it is required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.

Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:

  • It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at info@brianatwood.com);
  • It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);
  • It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
  • It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
  • It may not contain trade secrets (unless you own them or have the owner's permission to transmit them);
  • It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
  • It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
  • It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
  • It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
  • You may not solicit money, investments or make any offering of securities or investments;
  • You may not submit chain letters or pyramid schemes; and
  • You may not submit opinions or notices, commercial or otherwise.

To the fullest extent permitted by applicable law, you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. To the fullest extent permitted by applicable law, you further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

Forums

Brian Atwood may offer features through the Website that enable you to post information and materials publicly, for example, in product reviews, chat areas, and other similar forums (collectively, "Forums"). All of the rules of conduct described in the Limitations on Information Submitted section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website. By submitting content to a Forum, you grant Brian Atwood a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world on the Website or any other media, now known or hereafter devised; and (b) use the name that you submit in connection with such content.

The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content's accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Brian Atwood, and Brian Atwood does not endorse any such opinions, statements or materials. From time to time, we may offer customers incentives to leave product reviews (for example, to earn points as a member of a loyalty program). Since it is important to us that product reviews are impartial and honest, these incentives will be available to customers regardless of whether a review is positive or negative.

VI. Monitoring Of Information

Brian Atwood does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.

Brian Atwood reserves the right to cooperate with any law enforcement authorities or court order requesting or directing Brian Atwood to disclose the identity of anyone posting any content or email messages, or publishing or otherwise making available any materials or information that are believed to violate the Terms of Use or law.

VII. Intellectual Property Rights

Brian Atwood owns any and all intellectual property rights relating to the Brian Atwood brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the Brian Atwood brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Website does not grant you any rights or licenses relating to the Brian Atwood Intellectual Property, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in the Terms of Use. None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

VIII. Procedure for Making and Responding To Claims of Copyright Infringement

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the Website's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of claims of copyright infringement can be reached at:

Brian Atwood

7365 Main Street, #204

Stratford, CT 06614-1300

Attn: Director of Customer Service

 

or by e-mail at info@brianatwood.com.

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that we have removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

IX. Disclaimer of Warranties & Limitations of Liability

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, are PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

BRIAN ATWOOD DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. BRIAN ATWOOD DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND BRIAN ATWOOD MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Brian Atwood NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BRIAN ATWOOD AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRIAN ATWOOD IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE OR A MAXIMUM OF $100.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BRIAN ATWOOD IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BRIAN ATWOOD IS NOT RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ANY CONSEQUENCE THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold Brian Atwood and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party.

Third-Party Websites

The Website may contain links to other websites for your convenience and information. Such links may be to advertisers, content providers or other companies who may use our logo and/or style as a result of a co-branding agreement (for example, a department or specialty store). These websites may be operated by companies that are not affiliated with Brian Atwood, and may have different privacy policies and terms of use. Brian Atwood does not control the content that appears on these websites or their privacy practices. Notwithstanding the presentation of, or links to, any third-party information or website on the Website, no such presentation shall be considered an endorsement, guarantee, representation or warranty, either express or implied, by us on behalf of any third-party. We shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third-party websites accessed from or via the Website. Access to third-party websites from the Website is done at your own risk. We do not warranty any opportunities found through the Website or through third-parties that advertise on the Website or are purchased in reliance on information obtained from the Website.

X. NOTICE TO NEW JERSEY RESIDENTS

If you are a consumer residing in New Jersey, the following provisions of this Terms of Use do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under New Jersey law: (a) in Section V above, the disclaimer of liability for any loss or damage, and in Section IX above, the disclaimer of liability for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind and the limitation of liability for lost profits, damage, loss or injury (for example, to the extent unenforceable under the New Jersey Punitive Damages Act, New Jersey Products Liability Act, New Jersey Uniform Commercial Code or New Jersey Consumer Fraud Act; (b) in Section IX above, application of the limitations of liability to the recovery of damages that arise under contract, tort or any other theory (for example, to the extent such damages are recoverable by a consumer under New Jersey law, including the New Jersey Products Liability Act); (c) in Sections V and IX above, the requirement that you indemnify Brian Atwood (for example, to the extent the scope of such indemnity is prohibited under New Jersey law); and (d) in Section XI below, the New York governing law provision (for example, to the extent that your rights as a consumer residing in New Jersey are required to be governed by New Jersey law).

XI. General Information

Entire Agreement. The Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and Brian Atwood governing your use of the Website, superseding any prior agreements between you and Brian Atwood with respect to the Website.

Waiver and Severability. The provisions of the Terms of Use are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of Brian Atwood to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of the Terms of Use is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

Choice of Law; Jurisdiction; Venue. Your use of the Website and any dispute arising out of or in connection with the Website or the Terms of Use or Privacy Policy shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing the Website, you agree that any action or proceeding arising out of or in connection with the Website shall be brought solely in a court of competent jurisdiction sitting in the State of New York, located in the county of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York County. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.

Viruses and Transmission of Sensitive Information

Brian Atwood cannot and does not guarantee or warrant that the materials contained on the Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Brian Atwood does not assume any responsibility or risk for your use of the Internet, nor does Brian Atwood assume any responsibility for any products or services of, or hyperlinks to, third-parties.

Miscellaneous

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

XII. Notice of Accessibility

If you are having trouble accessing www.brianatwood.com, please call our Customer Service Team at (866) 469-8789 for assistance.

Last Updated: March 21, 2018

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