User’s Acknowledgment and Acceptance of Terms

 

The Allen Company, Inc. (“Allen,” “we” or “us”) provides the www.byallen.com site and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (“Terms of Use”). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Use. All such guidelines or rules are hereby incorporated by reference into these Terms of Use.

 

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

 

These Terms of Use are effective as of March 31, 2016. We reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

 

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, licensors, licensees, officers, directors, suppliers, partners and advertisers, and includes, without limitation, all parties involved in creating, producing, and/or delivering this site and its contents.

 

Registration Data and Privacy

 

In order to purchase products and access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information to keep it current, complete and accurate.

 

You also grant us the right to disclose to third parties (including our online e-commerce platform, Woo Commerce) certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use. As noted in our Privacy Policy, Woo Commerce’s Privacy Policy can be accessed at https://www.woothemes.com/privacy-policy/.

 

Terms of Sale

 

All purchases through this site or other transactions for the sale of products or goods through the site (“Goods”) are governed by our terms of sale addressed below (“Terms of Sale”). These Terms of Sale may only be amended or modified in a writing signed by both parties.

 

Allen shall not be liable for any delays, loss or damage in transit. Unless otherwise agreed to in writing by the parties, Allen shall use Allen’s standard methods for packaging and shipping Goods and shipment shall be in accordance with Allen’s then current shipment methods. Title and risk of loss shall pass to you upon receipt of full payment by Allen. Allen may, in its sole discretion, without liability or penalty, make partial shipments of any Goods purchased through this site. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order.

 

You agree to purchase the Goods from Allen at the price(s) set forth in Allen’s then current price list in force as of the date of purchase. All prices are exclusive of all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any governmental authority on any amounts payable by you. You shall be responsible for all such charges, costs and taxes. You agree to pay all amounts due to Allen prior to shipment of any Goods in accordance with Allen’s payment instructions and in U.S. dollars. In addition to all other remedies available under these Terms of Use or at law (which Allen does not waive by the exercise of any rights hereunder), Allen shall be entitled to suspend the delivery of any Goods if you fail to pay any amounts when due hereunder. You shall not withhold payment of any amounts due or payable by reason of any set-off of any claim or dispute with Allen, whether relating to Allen’s breach or otherwise.

 

WARRANTY AND RETURNS: Allen warrants Goods purchased from this site in accordance with its Warranty and Return/Exchange Policy, which is incorporated by reference into these Terms of Use.

 

You shall comply with all applicable laws, regulations and ordinances. You shall comply with all export and import laws of all countries involved in the sale of the Goods under these Terms of Sale and shall not export, re-export, divert, or transship any Goods. You assume all responsibility for shipments of Goods requiring any government import clearance.

 

In addition to any excuse provided by applicable law, Allen shall be excused from liability for nondelivery or delay in delivery of Goods available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, without limitation, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

 

Conduct on Site

 

Your use of the site is subject to all applicable laws and regulations and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any chat room, message board or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content – including text, communications, software, images, sounds, data, or other information – that:

 

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

 

  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

 

  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

 

  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

 

  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or

 

  • Impersonates any person or entity, including any of our employees or representatives.

 

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of chat rooms, message boards or other interactive services that may be available on or through this site. However, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use and any other rules of user conduct for our site, or is otherwise harmful, objectionable or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “Copyright Policy” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

 

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

 

User’s Contributions

 

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by e-mail or other means, for any reason, will be treated as nonconfidential and nonproprietary. When you submit communication or material to this site, you grant us and our Affiliates and each of their and our respective licensees, a nonexclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

 

You represent and warrant that you own or control all rights in and to the user contributions and have the right to grant the license granted above to us and our Affiliates and each of their and our respective licensees, and that all of your user contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any user contributions you submit and contribute, and you, not Allen, are fully responsible for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any user contributions submitted or posted be you or any other user of the site.

 

We do not accept or consider unsolicited ideas or materials, so please do not submit them to us in any circumstance. The following terms apply to all such submissions: (1) your submissions and their contents will automatically become the property of Allen, without any compensation to you; (2) Allen may use or redistribute the submissions and their content for any purpose and in any way; (3) Allen has no obligation to review the submission; and (4) there is no obligation to keep any submission confidential.

 

Intellectual Property Information

 

Copyright © 2016 The Allen Company, Inc. All Rights Reserved.

 

For purposes of these Terms of Use, “content” is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, without limitation, message boards, chat, and other original content.

 

By accepting these Terms of Use, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Allen and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

 

Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Copyright Policy” below for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

 

All custom graphics, icons, slogans, logos and names are registered trademarks of Allen or its Affiliates. All other trademarks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, slogan, logo, and/or the name of Allen or its Affiliates.

 

Copyright Policy

 

We respect the intellectual property of others, and we ask you to do the same. If you or any user of this site believes its copyright, trademark or other property rights have been infringed by a posting on this site, you or the user should send notification to our designated Copyright Agent. To be effective, the notification must include:

 

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

 

  • Identification of the copyrighted work claimed to have been infringed;

 

  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

 

  • Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;

 

  • 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, agent, or the law; and

 

  • 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 infringing.

 

Our designated Copyright Agent to receive notice of alleged copyright infringement is:

Attn: Copyright Agent

Allen Company

525 Burbank Street

Broomfield, CO 80020

United States of America

consumerservice@allencompany.net

 

We will terminate the accounts of all repeat copyright infringers or users about whom we receive repeat claims of copyright infringement.

 

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. Please be aware that if you knowingly materially misrepresent that material or activity on this site is infringing on your copyright, you may be held liable for damages, including costs and attorneys’ fees, under the Digital Millennium Copyright Act.

 

Third Party Sites and Information

 

This site may link you to other sites on the Internet or otherwise include references to information, products, materials and/or services provided by other parties that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products, materials and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

 

From time to time, this site may include advertisements of or promotions offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion

 

Disclaimer of Warranties

 

YOUR USE OF THIS SITE, ITS CONTENTS AND ANY GOODS IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ALL ALLEN GOODS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED , INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, OTHER THAN THAT PROVIDED BY ALLEN’S LIMITED WARRANTY.

 

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE GOODS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH GOODS OR SERVICES.

 

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Release and Limitation of Liability

 

BY USING THIS SITE OR ANY GOODS OBTAINED THROUGH THIS SITE (OR FROM AN AUTHORIZED DEALER), YOU ACKNOWLEDGE THE INHERENT DANGERS AND RISKS ASSOCIATED WITH THE SITE AND GOODS, AND YOU VOLUNTARILY ASSUME SUCH DANGERS AND RISKS. YOU ALSO AGREE TO SUPERVISE THE USE OF THIS SITE AND ALL GOODS BY ANY MINORS IN YOUR CUSTODY, CONTROL OR SUPERVISION, AND YOU VOLUNTARILY ASSUME THE DANGERS AND RISKS ASSOCIATED WITH THEIR USE.

 

BY USING THIS SITE OR ANY GOODS OBTAINED THROUGH THIS WEBSITE (OR FROM AN AUTHORIZED DEALER), YOU (FOR YOURSELF AND/OR ON BEHALF OF YOUR MINOR CHILDREN) AGREE TO RELEASE ALLEN AND ITS AFFILIATES FROM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND AND NATURE, UNDER ANY LEGAL THEORY (INCLUDING TORT AND BREACH OF CONTRACT), ARISING OUT OF OR IN CONNECTION WITH YOUR (OR YOUR MINOR CHILDREN’S) USE OF THIS SITE, ITS CONTENT AND ANY GOODS, INCLUDING ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, AS WELL AS DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, EVEN IF FORSEEABLE.

 

In no event shall Allen’s liability, if any, for any claims arising out of these Terms of Use or your use (or inability to use) this site or any Goods obtained through this site exceed the amount you paid Allen for Goods through this site during the 12-month period before the alleged act giving rise to liability.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN CLAIMS OR DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, IN PART OR IN FULL.

 

Indemnification

 

Upon a request by us, you agree to defend, indemnify and hold harmless Allen and its Affiliates and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising out of or relating to your use or misuse of this site, its content or any Goods obtained through the site (or from an authorized dealer). We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

 

Security and Password

 

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any communications sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

 

International Use

 

Although this site may be accessible worldwide, we make no representation that products or materials on this site are appropriate or available for purchase and/or use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, material, service and/or information made in connection with this site is void where prohibited.

 

Termination of Use

 

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

 

Governing Law

 

This site is controlled by us from our offices within the State of Colorado, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Colorado, by accessing this site both of us agree that the statutes and laws of the State of Colorado, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of Goods available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the appropriate state court in the City and County of Broomfield, Colorado, with respect to such matters.

 

Notices

 

All notices to us must be sent in writing to the attention of Consumer Service at consumerservice@allencompany.net, if by e-mail, or at 525 Burbank Street, Broomfield, Colorado, 80020, if by conventional mail. All notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you.

 

Any notices or communication under these Terms of Use will be deemed delivered to the party receiving such communication (1) on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile; (5) on the delivery date if transmitted by confirmed e-mail; or (6) on the date of publication if transmitted by broadcast notice.

 

Entire Agreement

 

These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for materials, products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

 

Miscellaneous

 

In any action to enforce these Terms of Use, or regarding the use of this site or any goods obtained through this site (or from an authorized dealer), the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.

 

You may not assign your rights and obligations under these Terms of Use to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Use.

 

You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.

 

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

Any failure by us to enforce or exercise any provision of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

 

Contact Information

 

All feedback, comments, requests for technical support and other communications relating to this site should be directed to consumerservice@allencompany.net, if by e-mail, or Allen Company, Attn: Consumer Service, 525 Burbank Street, Broomfield, Colorado, 80020, if by conventional mail.