Graduation Cap Ideas Terms of Use and Conditions of Order

Revision 2.1

Origin Vape Terms of Use and Conditions of Order

DATE OF LAST MODIFICATION

July 7, 2015

Graduation Cap Ideas, together with its subsidiaries and affiliates (collectively, “L&E Enterprises LLC”), operates www.graduationcapideas.com. By accessing, visiting, browsing, using or interacting or attempting to interact with any part of the Site or any Software, program or Services on the Site you agree on your behalf personally, and on behalf of any entity for which you are an agent or you appear to represent, (collectively and individually “you,” “your,” or “user”) to each of the terms and conditions set forth herein (collectively the “Terms of Use”). For a disclosure regarding information collected and shared by Graduation Cap Ideas from your access and use of the Site, visit Graduation Cap Ideas’ Privacy Policy. By browsing through the Site or by mail, e-mail, phone, or any other method, you agree on your behalf personally and on behalf of any entity for which you are an agent or you appear to represent to the Terms of Use and the Conditions of Usage. For purposes of the Terms and Conditions, “Webmaster” shall mean L&E Enterprises LLC. and its affiliates and subsidiaries and “User” shall mean the person or entity that browses the Site and/or receives services from Webmaster.

I. Website Terms of Use

1. Access to the Site. Registration is not required to browse or share via social media the Site. Select portions of the Site offer expanded Services via the Web through a name/password protected system such as without limitation the Web Services Applications.

Your username and password are referred to as your “Identification.” Your Identification must be accurate, current, and complete, and you may not provide false information to Graduation Cap Ideas or impersonate another individual or entity. You are solely responsible for keeping your Identification confidential. You agree that you will be the only user of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Graduation Cap Ideas will be entitled to monitor your Identification and, at its discretion, require you to change it. Please contact Graduation Cap Ideas immediately at gradcapideas@gmail.com if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Graduation Cap Ideas strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.

2. Intellectual Property. The Services, the Site, and all information, data, the Graduation Cap Ideas database, printed and electronic documentation, content that you see, hear or otherwise experience on the Site, and all compilations thereof (the “Content“) are protected by U.S. and international copyright, trademark and other laws, and belong to Graduation Cap Ideas or its partners, affiliates, licensors, suppliers, contributors, or third parties.

Subject to these Terms of Use, Graduation Cap Ideas grants you a personal, revocable, non-exclusive, non-transferable license to use the Site, the Services and the Content and to download, print and store portions of the Content. No right, title or interest in any accessed or downloaded Content or materials is transferred to you as a result of this license. Graduation Cap Ideas reserves all of its intellectual property rights in any Content you access or download from the Site, subject to this limited license as set forth herein.

No other rights or licenses whether express or implied, including, without limitation, any implied patent licenses, are granted by Graduation Cap Ideas.

You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.

Graduation Cap Ideas may prohibit or limit your use of the Site including without limitation the Services at any time at its discretion.
You may not use any robot, scraper, spider, or other automated means to access or gather the Content from the Site, or mirror, co-brand, or frame the home page or any other pages of the Site on any other website or web page. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or its Content. Competitors and third party aggregators may not connect “deep links” to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without the written permission of Graduation Cap Ideas. This prohibition is not intended to restrict the non-commercial activities of individuals.

3. Disclaimer of Warranties. GRADUATION CAP IDEAS AND ITS RESPECTIVE SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SITE, THE SERVICES OR THE CONTENT, AND ORIGIN VAPE AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICES, AND THE CONTENT. THE SOFTWARE AND WEB SERVICES APPLICATIONS ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THEIR RESPECTIVE LICENSE AGREEMENTS, IF ANY, AND IS OTHERWISE SUBJECT TO THESE TERMS OF USE WARRANTY DISCLAIMER. ORIGIN VAPE AND ITS SUPPLIERS DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICES WILL BE CORRECTED. ORIGIN VAPE AND ITS SUPPLIERS DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICES AND THE CONTENT ARE PROVIDED “AS-IS” AND ON AN “AS-AVAILABLE” BASIS. GRADUATION CAP IDEAS AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. GRADUATION CAP IDEAS AND ITS SUPPLIERS ARE NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:

a. Customer Service. Graduation Cap Ideas offers its customer service solely as a convenience to Graduation Cap Ideas users. Graduation Cap Ideas customer service personnel strive to provide useful information regarding the Content. Graduation Cap Ideas does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Graduation Cap Ideas shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Graduation Cap Ideas customer service, and any reliance on such information or recommendation is at your sole risk and discretion. Without limiting the generality of the foregoing, any recommended substitutes or cross-references with respect to parts are simply recommendations, and Graduation Cap Ideas does not guarantee that such information or recommendations are accurate, complete or correct.

b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Graduation Cap Ideas therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Graduation Cap Ideas does not, however, guarantee that any errors, inaccuracies or omissions will be corrected and is not obligated to make such corrections.

c. Third Party Links and Promotions. Hypertext links to third party websites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Graduation Cap Ideas of the third party, the third-party website, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Graduation Cap Ideas is not responsible for the availability of any such websites and that Graduation Cap Ideas does not endorse or warrant, and is not responsible or liable for, any such website or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other website.

Any dealings with third parties (including advertisers) included within or available via a link from the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Graduation Cap Ideas is not responsible or liable for any part of any such dealings or promotions.

d. Geographic Limitations on Use. Like most Internet websites, this Site is accessible worldwide. However, not all Services offered by Graduation Cap Ideas are available to all persons or in all geographic locations. Graduation Cap Ideas reserves the right to limit the provision of its Services to any person, geographic area, or jurisdiction and to limit the quantities of any Services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

f. Color Display. Graduation Cap Ideas attempts to display as accurately as possible the colors of cataloged content shown on the Site. However, because the colors you see will depend on many factors, including your monitor or printer, Graduation Cap Ideas cannot guarantee that the color you see matches the exact color.

5. Limitation of Liability. IN NO EVENT SHALL GRADUATION CAP IDEAS OR ITS SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO: (II) THE SITE, THE SERVICES, OR THE CONTENT, OR YOUR USE OF OR INABILITY TO USE THE SITE, THE SERVICES, OR THE CONTENT, (II) ANY TRANSACTION OR COMMUNICATIONS CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICES OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICES, OR (VI) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICES, OR THE CONTENT; EVEN IF GRADUATION CAP IDEAS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF GRADUATION CAP IDEAS AND ITS SUPPLIERS RELATING IN ANY WAY TO THE SITE, THE SERVICES, OR THE CONTENT EXCEED $100 OR THE MINIMUM AMOUNT ALLOWABLE UNDER APPLICABLE LAW, WHICHEVER IS GREATER, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE, THE SERVICES, AND THE CONTENT.

Any cause of action against Graduation Cap Ideas with respect to the Site, the Services, or the Content must be instituted within six (6) months from the date on which the claim arose.

Some States may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.
6. Indemnification. You understand and agree that you are personally responsible for your reliance upon any information or recommendation provided on this Site, its Content, by Graduation Cap Ideas customer service personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless Graduation Cap Ideas and Graduation Cap Ideas’ joint venturers, business partners, licensors, employees, agents, and any third-party information, Software, and Web Services Application providers to the Site and Services or of the Content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Services, or the Content, your reliance upon any information or recommendation provided by Graduation Cap Ideas customer service personnel, or any violation by you of these Terms of Use.

7. Additional Prohibited User Conduct. You are prohibited from compromising the security or tampering with system resources and/or accounts related to the Site. The use or distribution of tools designed for compromising security (e.g., password guessing manually or through programs, cracking tools, or network probing tools) is strictly prohibited. Graduation Cap Ideas may monitor your use of the Site including without limitation the Services, to ensure your compliance with these Terms of Use. If you become involved, or are suspected to have become involved, in any violation of these Terms of Use, Graduation Cap Ideas reserves the right to investigate your activities for its own purposes and release the details of your violations to others in Graduation Cap Ideas’ sole discretion, including without limitation to governmental authorities, private investigators, or other users of the Site in order to assist them in resolving security incidents.

You agree not to use the Site in any manner that violates any laws or infringes the intellectual property of, or interferes with the rights of, third parties. You may not take any action that imposes, or may impose in Graduation Cap Ideas’ sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, or bypass any robot exclusion headers or other measures Graduation Cap Ideas may use to prevent or restrict access to the Site.

Graduation Cap Ideas reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Graduation Cap Ideas to disclose the identity of anyone violating the security of the Site or these Terms of Use.

8. Use of Communication Services. The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services“). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others including without limitation engaging in activity that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, ethnicity, gender, sexual orientation, physical ability, age, religion or nationality or that insults the victims of crimes against humanity by contesting the existence of those crimes.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, material, or information.
  • Upload or otherwise make available files that contain images, photos, software or other material that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Use any material or information, including images or photographs, which is made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, privacy right, publicity right, confidentiality obligation or other proprietary right of any party.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  • Create a false identity for the purpose of misleading others.

Graduation Cap Ideas has no obligation to monitor the Communication Services. However, Graduation Cap Ideas reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Graduation Cap Ideas reserves the right to terminate your access to the Site, Services, Content, and any or all of the Communication Services at any time without notice for any reason whatsoever. Graduation Cap Ideas reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Graduation Cap Ideas’ sole discretion. Always use caution when giving out any personally identifying information about yourself in any Communication Service. Graduation Cap Ideas does not control or endorse the content, messages or information found in any Communication Service and Graduation Cap Ideas specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

9. User Supplied Information. Graduation Cap Ideas does not claim ownership of the materials you provide to Graduation Cap Ideas (including feedback and suggestions) or post, upload, input or submit to Site or its associated services (collectively “Submissions“). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Graduation Cap Ideas, its affiliated companies and sub-licensees a royalty-free, irrevocable, perpetual, worldwide license to your Submission including, without limitation, the rights to use, copy, distribute, transmit, publicly, publicly perform, reproduce, translate, reformat or otherwise edit or modify, display and create derivative works from this material, in any and all media whether known now or later developed, in any manner, in whole or in part, without any restriction or responsibilities to you, and to publish your name, likeness, pseudonym, or other identifier in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Graduation Cap Ideas is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Graduation Cap Ideas’ sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license you provide in accordance with these Terms of Use, and that the Submission will not violate any law or the rights, including without limitation the intellectual property rights, of any person or entity.

10. Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Written notification must be submitted to the following:

Service Provider(s): Graduation Cap Ideas

Full Address of Service Provider to Which Notification Should be Sent: 4768 Broadway, Suite #116, New York, NY, 10034, USA

Telephone Number of Service Provider: 212.882.1672

Email Address of Service Provider: graduationcapideas@gmail.com

To be effective, the Notification must include 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 (“Complaining Party”);
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 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.

Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:

  • Service Provider shall remove or disable access to the material that is alleged to be infringing;
  • Service Provider shall forward the written notification to such alleged infringer (“Subscriber“);
  • Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.

Counter Notification:

To be effective, a Counter Notification must be a written communication provided to the Service Provider’s Designated Agent that includes substantially the following:

  1. A physical or electronic signature of the Subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:

  1. Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
  3. Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.

11. Confidentiality. You shall not disclose Graduation Cap Ideas’ Confidential Information for so long as the information retains its confidential nature. As used in this Agreement, “Graduation Cap Ideas Confidential Information” means all nonpublic information disclosed by us through the Web Services Applications or Software that is designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. You shall not use, or allow the use of, Graduation Cap Ideas Confidential Information except as expressly permitted hereunder. Graduation Cap Ideas Confidential Information includes, without limitation, nonpublic information relating to our or our business partners’ sales, margin percentage, margin numbers, technology, customers, business plans, promotional and marketing activities, finances and other business affairs (including, but not limited to, any information about or involving one of our so-called beta tests or a beta test product that you obtain as a result of your participation in such beta test) and third-party information that we are obligated to keep confidential. Notwithstanding any other provision in this Section, you shall not have any confidentiality obligation to us under this Section above with respect to any information that is or becomes publicly available without breach of these Terms of Use, can be shown by documentation to have been known by you at the time of its receipt from Graduation Cap Ideas, is received from a third party who did not acquire or disclose the same by a wrongful or tortuous act, or can be shown by documentation to have been independently developed by you.

12. Applicable Law; Dispute Resolution. The laws of the State of New York shall apply to these Terms of Use, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Terms of Use. Any controversy or claim arising out of or relating to these Terms of Use or your use of the Site, the Service, or the Content (a “Dispute“) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in New York, NY. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use will be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of New York. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Graduation Cap Ideas, Graduation Cap Ideas may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Graduation Cap Ideas’ or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of New York with respect to any such injunctive or other relief. You further acknowledge that Graduation Cap Ideas’ rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

13. General Provisions. Additional terms and conditions that may be presented to you on the Site as a part of additional Services or in relation to additional Content and those additional terms and conditions shall apply as to the specific Services or Content to which they state they apply except when in conflict with these Terms of Use, then these Terms of Use shall supersede and control. These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Graduation Cap Ideas of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms of Use are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Graduation Cap Ideas. These Terms of Use and the subject matter that they cover including without limitation the Site, Services, and Content do not create any joint venture, partnership, employment, or agency relationship between you and Graduation Cap Ideas or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

14. Changes to the Terms of Use. Graduation Cap Ideas reserves the right to change the terms of these Terms of Use without notice. Such changes may include, but are not limited to, the charges, if any, associated with the access and use of the Site or any portion of www.graduationcapideas.com. You are responsible for reviewing these Terms of Use prior to accessing, visiting, browsing, using, or interacting or attempting to interact with any part of the Site or any software, program or Services on the Site, and your continued use of the Site, its Services, or its Content after any modification to these Terms of Use acknowledges your agreement to the then current Terms of Use. In the event that a change or update is made to these Terms of Use, the “Date of Last Modification” will be updated accordingly. Notwithstanding any provision of these Terms of Use to the contrary, Graduation Cap Ideas may make changes to these Terms of Use in its sole discretion and such changes shall be binding on you and Graduation Cap Ideas.

 

 

 

c. Disclaimer of all other Warranties. EXCEPT AS OTHERWISE SET FORTH IN THIS SECTION 16, (i) GRADUATION CAP IDEAS MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO ANY PRODUCT, AND (ii) GRADUATION CAP IDEAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH REGARD TO THE PRODUCTS. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Graduation Cap Ideas shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by Graduation Cap Ideas to you subject to any and all applicable intellectual property rights and user licenses. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement. Without in any way limiting the generality of the foregoing:

ii. No Other Warranties. Except for a duly-authorized officer of Graduation Cap Ideas making an additional warranty in writing, no employee or agent of Graduation Cap Ideas or any other party is authorized to make any warranty in addition to those made in this Section 15.

d. Limitation of Liability. IN NO EVENT SHALL GRADUATION CAP IDEAS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO ANY PRODUCT, EVEN IF GRADUATION CAP IDEAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF GRADUATION CAP IDEAS RELATING IN ANY WAY TO ANY PRODUCT EXCEED THE PURCHASE PRICE FOR THE PRODUCT, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE. YOU ACKNOWLEDGE THAT THE AMOUNTS PAYABLE FOR THE PRODUCTS ARE BASED IN PART ON THESE LIMITATIONS, AND YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Some States may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you, but in any event shall apply to the maximum extent allowed by law.

17. Applicable Law; Dispute Resolution; Limitation on Actions. The laws of the State of New York shall apply to these Conditions of Order, without regard to any conflict of laws provisions. The 1980 United Nations Convention on Contracts for the International Sale of Goods, the United Nations Convention on the Limitation Period in the International Sale of Goods, and the Uniform Computer Information Transactions Act, and any implementations thereof in various jurisdictions and any subsequent revisions thereto, shall not apply to these Conditions of Order. Any controversy or claim arising out of or relating to the Conditions of Order or your purchase or use of Products (a “Dispute“) shall be settled by arbitration under the rules provided by the American Arbitration Association (AAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in New York, NY. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Order will be joined to an arbitration involving any other party subject to these Conditions of Order, whether through class arbitration proceedings or otherwise. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the State of New York. Notwithstanding the foregoing, in lieu of or addition to any other remedies available to Graduation Cap Ideas, Graduation Cap Ideas may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of Graduation Cap Ideas’ or any third party’s intellectual property or proprietary rights. You hereby irrevocably consent to non-exclusive jurisdiction and venue of the State and Federal courts of the State of New York with respect to any such injunctive or other relief. You further acknowledge that Graduation Cap Ideas’ rights in its intellectual property are of a special, unique, extraordinary character, giving those rights peculiar value, the unauthorized use, disclosure, or loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages. Any Dispute must be instituted within one (1) year from the cause of action arose or be forever waived and barred.

18. Unlawful Activity. Graduation Cap Ideas reserves the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

19. General Provisions. These Conditions of Order constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Graduation Cap Ideas of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Conditions of Order are determined by a court of competent jurisdiction or arbitrator with jurisdiction over a Dispute to be invalid or unenforceable, it will not impact any other provision of the Conditions of Order, all of which will remain in full force and effect, and such court or arbitrator shall have the authority, if possible, to revise any invalid or unenforceable provision to most accurately reflect the intent of the parties as shown by the original wording of that provision while rendering it valid and enforceable. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Graduation Cap Ideas. These Conditions of Order and the subject matter that they cover including without limitation the purchase of Products do not create any joint venture, partnership, employment, or agency relationship between you and Graduation Cap Ideas or its suppliers. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.

20. Contra Preferentum. The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.

© 2017, Graduation Cap Ideas. All rights reserved.

QUESTIONS OR ADDITIONAL INFORMATION. If you have questions regarding this Terms of Use or wish to obtain additional information, please send an e-mail to gradcapideas@gmail.com.

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