Your (the “User”) access to and continued use of the web pages at www.50below.com (the “Site”) constitutes your acceptance of and compliance with the following provisions (the “Agreement”). If you have not already done so, please take some time to familiarize yourself with these provisions. If you do not agree to these terms and conditions, you should immediately discontinue any use of the Site. Also note that these terms and conditions may change from time to time.
You agree to indemnify, defend and hold 50 Below, and its affiliates, officers, agents, co-branders, partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Web site, including any use by your employees, your connection to the Web site, your violation of the Terms of Use, or your violation of any rights of another.
The permission above to use documents and publications does not include permission to copy the design elements, look and feel, or layout of this Web site. Those elements of the Website are protected by law, such as trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from the Web site may be copied or retransmitted unless expressly permitted by 50 Below.
Reserved Rights
© 1997-2011 50 Below Sales & Marketing, Inc. (“50 Below”). All rights reserved. All materials contained in the Web site are the copyrighted property of 50 Below Sales and Marketing, Inc. and/or its customers. 50 Below asserts copyright to the information available on this Web site, unless otherwise stated. All trademarks, service marks, and trade names are proprietary to 50 Below and/or its customers. None of the information may be reproduced, republished, or re-disseminated in any manner or form without the prior written consent of 50 Below.
Trademarks
Certain words, phrases, names, designs, or logos used on the Site may constitute trademarks, service marks, or trade names of 50 Below or its customers. The display of any such marks or names on the Site does not imply that a license has been granted by 50 Below or its customers. 50 Below will take all appropriate legal action necessary to fully and effectively enforce its trademark, service mark, copyright, or any other intellectual property rights.
DISCLAIMER
THIS SITE AND ANY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. 50 BELOW AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL 50 BELOW OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS OR THE SITE, EVEN IF 50 BELOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR RELATING TO THIS AGREEMENT REGARDLESS OF THE FORM OF CLAIM OR ACTION, IN AN AMOUNT THAT EXCEEDS THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO COMPANY (IF ANY) OR (B) ONE HUNDRED DOLLARS ($100.00). Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. Without limiting the foregoing, you should be aware that the materials may contain errors, omissions, inaccuracies, or outdated information. 50 Below makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any materials and shall not be liable for any lack of the foregoing. 50 Below makes no commitment to update the materials.
