LEGAL | Damon Robi

DamonRobi.com Legal Disclosure 03/2023

Welcome to DamonRobi.com a website operated by Damon Robi, Inc., with additional goods and services offered by DamonRobi.com. The following is a legal agreement between DamonRobi.com, Damon Robi, Inc., and their parents, subsidiaries and affiliates (collectively “DamonRobi.com”) and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.

PRIVACY

Any information you provide to us is subject to our Privacy Policy. For more information, review our full Privacy Policy.

PERMISSION TO USE CONTENT

DamonRobi.com grants you a limited license to access and make personal, noncommercial use of this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of DamonRobi.com or where expressly permitted. You agree not to use or resell DamonRobi.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages. You agree not to use the e-card or messaging services provided by DamonRobi.com to send SPAM or to send messages to mailing lists for which you do not have the legal right to send or initiate the sending of such message to each recipient. In order to purchase products or services through DamonRobi.com, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.

USE OF CONTENT

DAMONROBI.COM IS NOT RESPONISBLE FOR ANY LIABILITY OF ANY CONTENT ON THE WEBSITE OR ON PRODUCTS THAT ARE BEING SOLD OR PUBLISHED TO SUCH INCEDENTS THAT ARE LISTED AND ARE NOT LIMITED TO INSTANCES THAT CAUSE OR CAUSE FEELINGS OF ANY PERSONAL INJURY, MENTAL HARM, SUICIDE, DEPRESSION, OFFENSEVINESS, DEATH, DIVORCE, LOSS OF JOB(S), LOSS OF BUSINESS(S), LOSS OF RELATIONSHIP(S), LOSS OF A FAMILY MEMBER(S) OR PET(S), PERSONAL INFLICTED INJURY, MURDER, ANY TYPE OF HARM TO OTHERS, ANY HURTFULL FEELINGS, OR ANY CRIMINAL ACTS THAT ARE BOUND BY THE RESIDING STATE OF THE PURCHASER, RECIPIANT AND VIEWER AND/OR THE LAWS OF THE UNITED STATES OF AMERICA. THE VIEWER OF DAMONROBI.COM IS TO VIEW AT THEIR OWN RISK AND IS RESPONSIBLE OF ANY INCIDENT LISTED ABOVE. THE PURCHASER IS RESPONSIBLE FOR ANY INCIDENT LISTED ABOVE TO THEMSELVES AS WELL AS TO THE RECIPIENT WHERE THE PRODUCT OF DAMONROBI.COM IS BEING SOLD, DELIVERED, GIVEN, OR REDEEMED.

SITE SERVICES

DamonRobi.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. DamonRobi.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.

All content included on this site, such as books, poems, publications, writings, text, graphics, logos, icons, graphics, videos, photos, products, audio clips, digital downloads, data compilations, and software, is the property of DamonRobi.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of DamonRobi.com and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the specific permission of DamonRobi.com. This prohibition includes, but is not limited to, the use of any proprietary DamonRobi.com characters on any website, in e-mails, or in other media without express written permission from DamonRobi.com.

PURCHASE OF PRODUCTS OR SERVICES

You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. DamonRobi.com, Inc. does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (individual downloads, shipped products, photo cards) or promotional offerings are non-refundable. Refunds can be issued within 14 days of the original purchase date for an exchange of item(s) equal or lesser value or for the amount of the order excluding shipping charges. Consumers will be responsible for shipping charges on all returned items. All items must be in original condition from when order was received to qualify for any return.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL DAMONROBI.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF DAMONROBI.COM OR A DAMONROBI.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DAMONROBI.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

DISCLAIMER OF WARRANTIES

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS '' AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DAMONROBI.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DAMONROBI.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAMONROBI.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT DAMONROBI.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

PRODUCT INFORMATION DISCLAIMER

It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on DamonRobi.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. DamonRobi.com reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.

UNSOLICITED SUBMISSIONS

DamonRobi.com.com welcomes comments regarding its products and services. However, DamonRobi.com's policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that the intent of this policy is to avoid misunderstandings when projects developed by DamonRobi.com's very productive staff are similar to someone else's creative work. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you do not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of DamonRobi.com. None of the Information shall be subject to any obligation of confidentiality on the part of DamonRobi.com and DamonRobi.com shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.

NOTICE

DamonRobi.com has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.

TERMINATION

This agreement will terminate immediately without notice from DamonRobi.com if in DamonRobi.com's sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from DamonRobi.com and all copies thereof, whether made under the terms of this agreement or otherwise.

DISPUTES AND JURISDICTION

In the event you violate these terms of use, in DamonRobi.com’s sole discretion, DamonRobi.com may at any time, terminate your account, suspend the delivery of or access to, services, refuse membership and/or terminate your membership or subscription, in addition to all other legal rights and remedies available to it.

This agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to DamonRobi.com or to products you purchase through DamonRobi.com shall be submitted to confidential arbitration in Florida, except that, to the extent you have in any manner violated or threatened to violate DamonRobi.com's intellectual property rights, DamonRobi.com may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against DamonRobi.com.com.

MISCELLANEOUS

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

DamonRobi.com makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.

DamonRobi.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact DamonRobi.com's Copyright Agent and provide the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

• a description of the copyrighted work or other intellectual property that you claim has been infringed;

• a description of where the material that you claim is infringing is located on the site;

• your address, telephone number, and email address;

• 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;

• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

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