Terms of Service
Terms & Conditions
IMPORTANT - READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE (THE “WEBSITE”) OF PREMIUMFANSTORE, SUBSCRIBING TO PREMIUMFANSTORE SERVICES, PURCHASING PREMIUMFANSTORE PRODUCTS, DOWNLOADING PREMIUMFANSTORE SOFTWARE, TECHNOLOGY, CONTENT OR DATA AND/OR OTHERWISE USING THE PREMIUMFANSTORE SERVICES AND PRODUCTS, AND THE RELATED PREMIUMFANSTORE SOFTWARE, DATA AND/OR TECHNOLOGY USED, STORED, LICENSED OR ACCESSED IN CONNECTION THEREWITH AND THE RELATED INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN (COLLECTIVELY, THE "PREMIUMFANSTORE TECHNOLOGY").
PREMIUMFANSTORE IS WILLING TO PROVIDE YOU WITH LIMITED ACCESS TO THE PREMIUMFANSTORE TECHNOLOGY (INCLUDING THE PREMIUMFANSTORE SERVICES AND PRODUCTS) THROUGH THE WEBSITE ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN, ON ANY REGISTRATION OR ORDER FORM RECEIVED BY YOU FROM PREMIUMFANSTORE OR ITS AFFILIATES IN CONNECTION WITH THE PREMIUMFANSTORE TECHNOLOGY AND ON ANY DOCUMENTS REFERENCED HEREIN OR ANY ADDITIONAL TERMS AND CONDITIONS THAT CAN BE VIEWED EITHER ON THE PAGES CONTAINING ANY SERVICES OR OFFERINGS, OR VIA A LINK ON THOSE PAGES OR OTHER DIRECTIONS TO THE ADDITIONAL TERMS AND CONDITIONS (COLLECTIVELY, THE "AGREEMENT").
IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, PROMPTLY CEASE ACCESSING OR OTHERWISE USING THE PREMIUMFANSTORE TECHNOLOGY, AND/OR EXIT THIS PAGE BEFORE DOWNLOADING, ACCESSING, USING, SUBSCRIBING OR INSTALLING THE PREMIUMFANSTORE TECHNOLOGY OR PURCHASING PRODUCTS AND SERVICES FROM PREMIUMFANSTORE.
By accessing, subscribing, downloading and/or otherwise using the PremiumFanStore Technology, you certify that you (a) are at least eighteen (18) years of age and that all registration information you submit is accurate and truthful, (b) if you are not at least eighteen (18) years of age, you may only use the PremiumFanStore Technology in conjunction with and under the supervision of a parent or legal guardian who is at least eighteen (18) years of age, (c)if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party, (c) have read this Agreement and have agreed to be legally bound by this Agreement, and (d) agree to all operating rules and policies of PremiumFanStore that may be published within the PremiumFanStore Technology or the Website. If the person accessing, subscribing and/or otherwise using the PremiumFanStore Technology is under eighteen (18) years of age, then such person must review and discuss this Agreement with a parent or legal guardian who is at least eighteen (18) years of age, and by such underage person's accessing, subscribing, downloading and/or otherwise using the PremiumFanStore Technology, such parent or legal guardian is deemed to have consented to such person's entering into this Agreement and hereby agrees to be bound by the terms hereof, and to only permit such underage person to use the PremiumFanStore Technology in conjunction with and under their supervision.
The PremiumFanStore Technology is owned and operated by PremiumFanStore and/or its licensors and is protected by copyright and other intellectual property laws under United States and international laws and treaties - Copyright 2006 PremiumFanStore. All rights reserved. The compilation and arrangement of all content, data and other information found within the PremiumFanStore Technology are also the sole and exclusive property of PremiumFanStore and its licensors and is protected by U.S. and international intellectual property laws. The "look and feel" of the PremiumFanStore Technology, meaning, the structure, sequence and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to PremiumFanStore and its licensors and fully protected under U.S. and international intellectual property laws.
Use of the PremiumFanStore Technology
Subject to the terms and conditions set forth herein and any third party restrictions, PremiumFanStore grants you a revocable, non-transferable, non-exclusive and non-sublicenseable limited right and license to view, use and access the PremiumFanStore Technology to (a) incidentally view, print and download the images, text, graphics, photographs, audio, video and other content to the extent made available by PremiumFanStore for such purposes on the Website solely for your informational purposes and for your revocable, immediate, private, personal and non-commercial use, and (b) make purchases of goods and services through links found on this Website or through the PremiumFanStore Technology; provided you retain all PremiumFanStore copyright and proprietary notices contained in the original materials or any copies thereof.
All rights to ownership or use not expressly stated herein are reserved by PremiumFanStore and PremiumFanStore disclaims any and all implied licenses. Without limiting the foregoing, you agree not to: (i) reverse engineer, decompile, reverse compile, translate, adapt, or disassemble or otherwise access or adapt the PremiumFanStore Technology, or any part thereof; (ii) copy, distribute, display, transmit or reproduce the PremiumFanStore Technology, or any part thereof, in any form, including, but not limited to, fonts, icons, link buttons, wallpaper, and unlicensed merchandise; (iii) publish, display, disclose, sell, rent, lease, modify, store, loan, distribute, publicly display or perform, co-brand, frame, permit third parties to link to, or create compilations or derivative works of the PremiumFanStore Technology, or any part thereof, including, but not limited to, using any part of the PremiumFanStore Technology to create fonts, icons, links, buttons, wallpaper and unlicensed merchandise; (iv) assign, sublicense, convey, transfer, pledge as security or otherwise encumber the rights and licenses granted hereunder; (v) use the PremiumFanStore Technology in any fashion that may infringe any patent, copyright, trademark, trade secret or any other intellectual property or proprietary right of PremiumFanStore, its affiliates, its third party suppliers or any other third party; (vi) upload, post, email, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (vii) use PremiumFanStore Technology to harm minors in any way; (viii) fraudulently impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity using PremiumFanStore Technology; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the PremiumFanStore Technology; (x) upload, post, email, transmit or otherwise make available any materials that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (xii) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, trojans, spyware, adware or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiii) interfere with or disrupt the PremiumFanStore Technology or servers or networks connected to the PremiumFanStore Technology, or disobey any requirements, procedures, policies or regulations of networks connected to the PremiumFanStore Technology (including, but not limited, to the Website); and (xiv) "stalk" or otherwise harass another; or collect or store personal data about other users. PremiumFanStore reserves the right to refuse service to anyone, for any reason, at any time. You agree not to access the PremiumFanStore Technology by any means other than through the means that is provided by PremiumFanStore for use in accessing the PremiumFanStore Technology.
By posting information or other materials on the Website or within the PremiumFanStore Technology or by making such information available for downloading by you, PremiumFanStore does not waive any proprietary right in and to the PremiumFanStore Technology (including, but not limited to, copyright, service mark, trademark, patent, trade secret or other intellectual property or proprietary right) and does not transfer any rights to you in the PremiumFanStore Technology except for the limited license expressly granted herein.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to PremiumFanStore through the PremiumFanStore Technology (each, a "Submission") shall remain your sole and exclusive property (except to the extent that any aspect of your Submission is in the public domain or otherwise not protectable under intellectual property law) , and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to PremiumFanStore, you hereby grant PremiumFanStore and its successors and assigns a worldwide, perpetual, non-exclusive license to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the PremiumFanStore Technology and the Website a non-exclusive license to access your Submission through the Website and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the PremiumFanStore on the Website and/or in this Agreement.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize PremiumFanStore to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
Any and all trademarks displayed within the PremiumFanStore Technology are owned by PremiumFanStore, its licensors or its affiliates, or are the property of third parties (in which case PremiumFanStore makes no claim of ownership rights therein).
At all times during the term hereof and at all times thereafter, you shall keep confidential and not disclose, directly or indirectly, and shall not use for the benefit of yourself, or any other individual or entity, any Confidential Information of PremiumFanStore. "Confidential Information" means any trade secrets, or confidential or proprietary information whether in written, digital, oral or other form that is unique, confidential or proprietary to PremiumFanStore or its licensors, including, but not limited to, all parts of the PremiumFanStore Technology and any other materials or information related to the business or activities of PremiumFanStore that are not generally known to others engaged in similar businesses or activities.
YOU ACCESS AND USE THE PREMIUMFANSTORE TECHNOLOGY AT YOUR SOLE RISK. THE PREMIUMFANSTORE TECHNOLOGY IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PREMIUMFANSTORE AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS, STATUTORY OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, PREMIUMFANSTORE AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS DO NOT REPRESENT OR WARRANT THAT (A) THE PREMIUMFANSTORE TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THE DEFECTS IN THE PREMIUMFANSTORE TECHNOLOGY WILL BE CORRECTED, (C) THE PREMIUMFANSTORE TECHNOLOGY OR THE SERVERS THAT OPERATE THE PREMIUMFANSTORE TECHNOLOGY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THE DATA, RESULTS AND INFORMATION WITHIN THE PREMIUMFANSTORE TECHNOLOGY WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, RELIABLE OR OTHERWISE; AND (E) THE PREMIUMFANSTORE TECHNOLOGY WILL MEET YOUR NEEDS, REQUIREMENTS OR EXPECTATIONS.
PremiumFanStore may make changes to the content within the PremiumFanStore Technology or to the products or services described in it, at any time without notice to you. Further, PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no liability or responsibility for any errors or omissions in the content within the PremiumFanStore Technology. The materials in the PremiumFanStore Technology may be out of date or inaccurate, and PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders specifically disclaim any duty to update such content. Any material downloaded or otherwise obtained by you through the use of the PremiumFanStore Technology is done at your sole discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data that results from the downloading of any such material including, but not limited to, damage caused by viruses and other forms of malware or badware.
You acknowledge and agree that PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for (i) any unauthorized access to or alteration of your Submission; (ii) any Submission sent or received or not sent or received and (iii) any Submission stored on storage devices owned, operated or controlled by PremiumFanStore. You acknowledge and agree that PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be responsible or liable for any Submission or conduct of any third party, including, but not limited to, content sent using and/or included within the PremiumFanStore Technology provided by any other user of the Website or any third party licensors or suppliers of PremiumFanStore.
Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. If any of the exclusions set forth in this Section is determined by a court of competent jurisdiction to be unenforceable, then all such express, implied and statutory warranties shall be limited in duration for the minimum duration required under applicable state law (if any) after the date on which you first access the PremiumFanStore Technology, and no warranties shall apply after such period.
Limitation of Liability
NEITHER PREMIUMFANSTORE, ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUPPLIERS, OTHER THIRD PARTIES MENTIONED WITHIN THE PREMIUMFANSTORE TECHNOLOGY, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE PREMIUMFANSTORE TECHNOLOGY AND SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY, FROM YOUR USE OF, ACCESS TO, OR INABILITY TO USE AND ACCESS THE PREMIUMFANSTORE TECHNOLOGY OR FROM YOUR PURCHASE OF PRODUCTS AND/OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR INJURY FROM OR RELATING TO: THE DOWNLOADING OF ANY MATERIAL CONTAINED WITHIN OR ACCESSED VIA THE PREMIUMFANSTORE TECHNOLOGY; THE LINKING TO OTHER WEBSITES FROM THE PREMIUMFANSTORE TECHNOLOGY; THE SERVICES, PRODUCTS OR INFORMATION OFFERED ON, MADE AVAILABLE THROUGH THE WEBSITE; COMPUTER VIRUS OR SYSTEM FAILURE; UNAUTHORIZED ACCESS TO OR USE OF SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED ON THE SERVERS; AND/OR THE UNAVAILABILITY OF ANY SERVICES OR PRODUCTS MENTIONED WITHIN THE PREMIUMFANSTORE TECHNOLOGY WHETHER OR NOT PREMIUMFANSTORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL PREMIUMFANSTORE' AND ITS RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS' AGGREGATE LIABILITY TO YOU FOR ANY AND ALL DAMAGES, LOSSES, AND CAUSES OF ACTIONS (WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, TORT OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE FEES PAID, IF ANY, BY YOU TO PREMIUMFANSTORE FOR ACCESS AND USE OF THE PREMIUMFANSTORE TECHNOLOGY OR THE PURCHASE PRICE OF ANY GOODS OR SERVICES PURCHASED THROUGH THE PREMIUMFANSTORE TECHNOLOGY, OR, IN ALL OTHER CASES, FIVE DOLLARS ($5.00). YOU SPECIFICALLY ACKNOWLEDGE THAT PREMIUMFANSTORE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Access to the PremiumFanStore Technology
You shall be responsible for obtaining access to the PremiumFanStore Technology and for all equipment necessary to access the PremiumFanStore Technology and you acknowledge that obtaining the foregoing may involve third-party fees (such as internet service provider or airtime charges). You are responsible for all fees and charges associated with connecting you to the PremiumFanStore Technology, including, without limitation, all telephone, equipment, airtime and internet service provider charges, and associated taxes.
Passwords and Your Obligations
You may be asked to register as a member on certain pages or services within the PremiumFanStore Technology and to select a unique username and password in order to be able to access your account and use any of the PremiumFanStore Technology. As a registered member, you are responsible for maintaining the confidentiality and security of your username and password and shall be responsible for all uses of your username and password, including, but not limited to, any purchases facilitated through the use thereof, whether or not in fact authorized by you. You agree to immediately notify PremiumFanStore in writing of any breach of security, including, without limitation, unauthorized use of your username or password. You also understand that exiting immediately from your account (i.e., "logging off") at the end of each session will enhance your account security and that failure to do so may permit other persons having access to your computer to use, or modify, your account. If you permit any person to use your username and password, you shall be liable for all activity and transactions made by that person including transactions for which you may not have authorized.
Please notify us immediately of any unauthorized use of your user name and password via email to support@PremiumFanStore.com.
The PremiumFanStore Technology resides on the public internet. PremiumFanStore uses commercially reasonable measures to protect the confidentiality and security of communications transmitted to PremiumFanStore and information stored on servers controlled by PremiumFanStore. Notwithstanding these efforts, PremiumFanStore cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the PremiumFanStore Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the PremiumFanStore Technology, overloading, "flooding," "mailbombing" or "crashing" the PremiumFanStore Technology. Violations of system or network security may result in civil or criminal liability. PremiumFanStore reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
You agree to indemnify, defend, and hold harmless PremiumFanStore, its parent company, successors, assigns, affiliates, agents, vendors, distributors, licensors, end users and suppliers and their officers, directors and employees from and against all losses, expenses, obligations, claims, damages and costs, including reasonable attorneys' fees, resulting from (a) any violation of the terms and conditions of this Agreement, (b) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your account, (c) your use of (or inability to use) the PremiumFanStore Technology; and (d) any use of your Submission by PremiumFanStore or any other party, including, but not limited to, any third party claim of infringement of an intellectual property or proprietary right or invasion of privacy or publicity. This indemnification and defense obligation will survive this Agreement and your use of the PremiumFanStore Technology.
You agree that PremiumFanStore, at its sole discretion, may terminate or suspend your access to and use of the PremiumFanStore Technology (or any part thereof) at any time and for no or any reason whatsoever, including, without limitation, for lack of use by you or if PremiumFanStore believes that you have violated or acted inconsistently with the terms and conditions of this Agreement. PremiumFanStore reserves the right at any time to modify or discontinue, temporarily or permanently your access to and use of the PremiumFanStore Technology (or any part thereof) without notice. You agree that PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any modification, suspension or discontinuance of your use of or access to the PremiumFanStore Technology. Your obligations under this Agreement shall continue even after PremiumFanStore has terminated and/or cancelled this Agreement or your access to the PremiumFanStore Technology. Any provision that by its nature survives shall survive termination, expiration or cancellation of this Agreement including, but not limited to, the license granted by you to PremiumFanStore for use of your Submission.
Products sold from the Website may not be resold by you as new or distributed to or through dealers. Notwithstanding anything to the contrary herein, PremiumFanStore reserves the right to adjust your order to ensure compliance with the terms and conditions of this Agreement, and/or refuse to complete your order for goods and services.
Product Display/Colors & Specifications
The PremiumFanStore Technology (including, but not limited to, the Website) attempts to display product images shown through it as accurately as possible. However, PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders are not responsible for and cannot guarantee the performance or price of any goods, products or services advertised through the PremiumFanStore Technology, and cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing and specifications of products and/or services described or depicted through the PremiumFanStore Technology (including, but not limited to, the Website) are subject to change at any time without notice. Weights and measures are approximate.
Applicability of Content
The Website is intended for residents of the United States and is operated in the State of New York, United States of America. PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders make no representation that the content provided through the PremiumFanStore Technology is applicable or appropriate for use in jurisdictions other than the United States of America. If you access the PremiumFanStore Technology (including, but not limited to, the Website) from outside of the United States, please be aware you are responsible for compliance with any applicable laws. To the extent any applicable local laws prohibit your viewing and use of the PremiumFanStore Technology, you may not view or use the PremiumFanStore Technology.
This Agreement shall be governed and construed in all respects by the laws of the State of New York, without regard to principles of conflict of laws and without application of the Uniform Computer Information Transaction Act and the United Nations Convention of Controls for International Sale of Goods. You agree that the PremiumFanStore Technology (including, but not limited to the Website) is deemed a passive website that does not give rise to personal jurisdiction over PremiumFanStore or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree to submit to the exclusive jurisdiction of the courts of the State of New York located in the County of New York or the United States District Court for the Southern District of New York for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Website. You hereby irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
This Agreement governs your use and access to the PremiumFanStore Technology. This Agreement does not modify, alter or amend any other specific agreement you have entered or will enter into with PremiumFanStore. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional services on the Website or within the PremiumFanStore Technology, conflicts with any provision of your other agreements with PremiumFanStore, the terms and conditions of such other agreement shall, take precedence over the conflicting term(s) and conditions of this Agreement (unless otherwise expressly provided in such other agreement).
Links to Other Web Sites
Revisions and Consents
PremiumFanStore reserves the right to revise the terms and conditions of this Agreement at any time and for no or any reason whatsoever. PremiumFanStore also reserves the right to make changes at any time, without notice or obligation, to any of the information, products or services contained on or offered through the PremiumFanStore Technology (including, but not limited to, on the Website). Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions shall be effective immediately and incorporated in this Agreement upon notice thereof, which may be given by any reasonable means, including, but not limited to, posting such changes on the Website. By continuing to enter the Website and/or using the PremiumFanStore Technology, you acknowledge and agree that you shall be bound by any such revisions. Accordingly, you should periodically review the terms and conditions of this Agreement.
This Agreement constitutes the entire agreement between you and PremiumFanStore with respect to the subject matter addressed herein, and governs your access to and use of the PremiumFanStore Technology, superseding any prior agreements between you and PremiumFanStore relating to such subject matter, but this Agreement may be supplemented by any other legally enforceable agreement you enter into with PremiumFanStore pursuant to your enrollment and/or participation in other features of the PremiumFanStore Technology.
Electronic Delivery Policy and Your Consent
By using the PremiumFanStore Technology, you consent to receive from PremiumFanStore all communications including notices, agreements, legally required disclosures or other information in connection with the PremiumFanStore Technology (collectively, "Contract Notices") electronically. PremiumFanStore may provide such electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website and the PremiumFanStore Technology.
Notwithstanding anything in this Agreement to the contrary, if any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions of this Agreement. You agree that if any part of the terms and conditions of this Agreement are found to be unenforceable, then the remainder of the terms and conditions of this Agreement will remain in full force and effect.
PremiumFanStore' or its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders' failure to insist upon or enforce strict performance of any provision of the terms and conditions of this Agreement shall not be construed as a waiver of any other provision, term or right set forth herein. Neither the course of conduct between the parties nor trade practice shall act to modify any of the terms and conditions of this Agreement. PremiumFanStore and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement or the rights granted herein to any party without the prior written consent of PremiumFanStore. The section headings used in this Agreement are for convenience only and have no legal or contractual effect.