The following sets forth the agreement (the “Agreement”) between the website user (you) and By Marshall Columbia LLC along with its partners, affiliates, sponsors, endorsers, owners, employees, or any other party working with or on behalf of By Marshall Columbia LLC (collectively “Marshall Columbia”, “We,” or “Us”). The Agreement states the rules to which the user is bound that govern all actions associated with, but not limited to the use of www.marshallcolumbia.com (the “Website”).
We are not responsible if information made available on the Website is not accurate, complete or current. The material on the Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk. The content on the Website including, but not limited to the text, software, scripts, graphics, images, sounds, videos, interactive features, and logos are owned by By Marshall Columbia LLC and are therefore subject to copyright, trademark and other intellectual property rights under United States and foreign laws. Unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. We reserve the right to modify the contents of the Website at any time, but we have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.
When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.
When you make a purchase on the Website, we gain access to the information you give us such as your name, address and email address to fulfill your order. In placing that order, you consent to our obtaining this information for the explicit and sole purpose of fulfilling your order and the associated communication that may accompany that order.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to opt out.
The Website may be used only for lawful purposes and is available only for Your personal, noncommercial use, which shall be limited to viewing the Website, purchasing products, providing information to the Website, and downloading product information for Your personal review. By Marshall Columbia LLC specifically prohibits any use of the Website, and requires all users to agree not to use the Website, for any of the following:
Disclaimer Of Warranties And Limitation Of Liability
The Website including its content is provided by By Marshall Columbia LLC on an as-is basis without warranties of any kind (expressed or implied), and all warranties are disclaimed. By Marshall Columbia LLC makes no representations or warranties that this Site or its content is free of errors, makes no warranties that the Website or its server(s) are free of harmful components or viruses even if By Marshall Columbia LLC has been advised of possible damages arising, and is not responsible for errors or omissions relating to pricing, text, or any other content on this Site. Use of this Site is at your own risk.
By accessing, browsing or using the Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and By Marshall Columbia LLC or its affiliates. Regardless of where you access the Website you agree that any action at law or in equity arising out of or relating to these Site Terms or any product or service offered or displayed on this Site shall be filed and adjudicated only in the federal or state courts located in the City of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and By Marshall Columbia LLC or any of its affiliates.
Material You Submit
You are responsible for any material you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload, distribute or otherwise publish through the Website any content that (i) is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of spam. You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. If you do submit material, and unless we indicate otherwise, you grant By Marshall Columbia LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. And you grant By Marshall Columbia LLC and its affiliates the right to use the name you submit in connection with such material, if they so choose. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify By Marshall Columbia LLC for all claims resulting from content you supply.
These Terms and all other policies or operating rules posted on The Website constitute the entire agreement between the user and By Marshall Columbia LLC with respect to the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written with respect to the Website. Any rights not expressly granted herein are reserved. If you have any questions or suggestions regarding the Website Terms, please contact us at: email@example.com
Severability and Integration.
This Agreement and any supplemental terms, policies, rules and guidelines posted on the Website constitute the entire agreement between You and Us and supersede all previous written or oral agreements. If any part of Agreement 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.
This Agreement remains effective unless and until terminated by either You or By Marshall Columbia LLC. You may terminate this Agreement at any time. By Marshall Columbia LLC also may terminate this Agreement at any time without notice, and accordingly may deny You access to the Website, if in Our sole judgment You fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.