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www.helmet-stickers.com Terms of Use Welcome to the www.helmet-stickers.com website (the "www.helmet-stickers.com website"), a site owned and operated by Verax Networks, Inc. dba www,helmet-stickers.com These Terms of Use, along with policies and guidelines located throughout the www.helmet-stickers.com website identify what users of the www.helmet-stickers.com websitte ("Users") can expect from www.helmet-stickers.com and what we expect from Users. By accessing any areas of the www.helmet-stickers.com website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the www.helmet-stickers.com website. I. ONLINE CONDUCT User agrees to use the www.helmet-stickers.com website only for lawful purposes. User is prohibited from posting on or transmitting through the www.helmet-stickers.com website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. www.helmet-stickers.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, www.helmet-stickers.com , the www.helmet-stickers.com website, the communities that make up the www.helmet-stickers.com website, or any rights of www.helmet-stickers.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, no www.helmet-stickers.com Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no www.helmet-stickers.com Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the www.helmet-stickers.com website. II. PRIVACY POLICY www.helmet-stickers.com respects the privacy of its Users. The terms and conditions of the www.helmet-stickers.com’s Privacy Policy, http://www.helmet-stickers.com/xcart/customer/help.php?section=business&XCARTSESSID=5ca82c3b322d2730b6833c3e14cc7587 , are incorporated herein by reference. III. TRADEMARKS www.helmet-stickers.com is trademarks or service marks of www.helmet-stickers.com or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of www.helmet-stickers.com and its licensors used on the www.helmet-stickers.com website may not be used without prior written consent of www.helmet-stickers.com or its licensor, as the case may be. Without limiting the foregoing, no www.helmet-stickers.com trademark or trade dress may be used in connection with any product or service that is not www.helmet-stickers.com 's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits www.helmet-stickers.com. IV. CONTENT a. Proprietary Rights User acknowledges that the www.helmet-stickers.com website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and www.helmet-stickers.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. b. Distribution/Uploading Of Third-Party Content Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the www.helmet-stickers.com website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No www.helmet-stickers.com Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to www.helmet-stickers.com at office@helmet-stickers.com. By submitting Content to any User-submit areas, including, without limitation, participation in any newsletter publication, or ezine publication, User automatically grants, or warrants that the owner of such Content has expressly granted www.helmet-stickers.com Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the www.helmet-stickers.com website retains any and all rights which may exist in such Content. c. Export The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the www.helmet-stickers.com website to either a foreign national or a foreign destination in violation of such laws. V. AGE OF USERS www.helmet-stickers.com does not intend the www.helmet-stickers.com website to be used by minors under the age of 13. Furthermore, www.helmet-stickers.com does not market the www.helmet-stickers.com website for use by minors under the age of 13. www.helmet-stickers.com relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the www.helmet-stickers.com website are appropriate for view or access by such Users. VI. TERMINATION OF USAGE www.helmet-stickers.com may suspend or terminate any User's access to all or any part of the www.helmet-stickers.com website including any account thereon, without notice, for any reason in www.helmet-stickers.com’s sole discretion, including without limitation www.helmet-stickers.com’s belief that such access would violate any applicable law or would be harmful to the interests of any www.helmet-stickers.com Provider or another User. VII. PASSWORD SECURITY Every User is responsible for (i) keeping such User's www.helmet-stickers.com account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's www.helmet-stickers.com account. VIII. WHOLESALE PARTNERS This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation as a Verax Networks, Inc. dba www.Helmet-Stickers.com Wholesale Partner (the "Program"). As used in this Agreement, "we" means Verax Networks, Inc. dba www.Helmet-Stickers.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Verax Networks, Inc site, located at the URL www.helmet-stickers.com & www.helmet-stickers.net , or to any site that you will link to our site (and which you will identify in your Program application). 1. Enrollment in the Program To begin the enrollment process, you will register a regular customer via our site http://helmet-stickers.com. Once registration is complete you will notify us at accounting@helmet-stickers.com to request your wholesale status. Conversion to a wholesale account takes between 24-48 hours. We may reject your application if we determine (in our sole discretion) that your business is unsuitable for the Program. Unsuitable businesses include those that: o promote sexually explicit materials o promote illegal activities o otherwise violate intellectual property rights By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. 1. WHOLESALE PRICING Once your wholesale account is active you will receive wholesale pricing when: o You order at least 12 pieces per design o You order the minimum dollar amount agreed upon when you joined as a wholesale partner o All shipping is billed additional. Wholesale partners can not receive the "retail" $1.00 shipping and handling o No additional discounts, promotions, web coupons, or coupons may be used in conjunction with wholesale pricing IX. DISCLAIMERS AND LIMITATION OF LIABILITY THE www.helmet-stickers.com WEBSITE IS PROVIDED BY www.helmet-stickers.com PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH www.helmet-stickers.com PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NO www.helmet-stickers.com PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE www.helmet-stickers.com WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE www.helmet-stickers.com WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE www.helmet-stickers.com WEBSITE; OR (IV) THAT THE BARNES & NOBLE.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF www.helmet-stickers.com ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO www.helmet-stickers.com PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE www.helmet-stickers.com WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE www.helmet-stickers.com WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY www.helmet-stickers.com PROVIDER. UNDER NO CIRCUMSTANCES SHALL ANY www.helmet-stickers.com PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE www.helmet-stickers.com , INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE www.helmet-stickers.com WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO www.helmet-stickers.com’s RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE www.helmet-stickers.com WEBSITE. NO www.helmet-stickers.com PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE www.helmet-stickers.com WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH www.helmet-stickers.com PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS. X. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. XI. APPLICABLE LAW; JURISDICTION This site is created and controlled by www.helmet-stickers.com in the State of Michigan. As such, the laws of the State of Michigan will govern these Terms of Use, without giving effect to any principles of conflicts of laws. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Michigan and of the United States of America located in the State of Michigan for any litigation arising out of or relating to use of or purchase made through the www.helmet-stickers.com Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Michigan Courts and agrees not to plead or claim in any Michigan Court that such litigation brought therein has been brought in an inconvenient forum. XII. BINDING ARBITRATION Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the www.helmet-stickers.com Website, any Content or any item purchased from the www.helmet-stickers.com Website shall be settled by confidential arbitration in Michigan, Michigan administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude www.helmet-stickers.com from seeking any injunctive relief in State or Federal courts located in the State of Michigan for protection of www.helmet-stickers.com's or www.helmet-stickers.com licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts. XIII. ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein, represents the entire understanding between User and www.helmet-stickers.com regarding User's relationship with www.helmet-stickers.com and supersedes any prior statements or representations. When using the www.helmet-stickers.com website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE. XIV. MODIFICATION www.helmet-stickers.com reserves the right to make changes to the www.helmet-stickers.com website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on April 29, 2003.