TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. YOU HAVE ACKNOWLEDGED YOUR ACCEPTANCE BY USING THIS SITE.

Rights

The content of this web site includes copyrighted materials, trademarks and other proprietary information, which may include, without limitation, text, software, photos, video, audio visual recordings, graphics, music, and sound. The selection, coordination, arrangement, and enhancement of such content, as well as in the content original to WARNERS are protected by copyright. All rights are reserved. Use of any of our trademarks, service marks, or names as metatags on other web sites is prohibited.

You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit, any of the content on this web site, nor will you attempt to do so. You agree not to copy, redistribute, publish or otherwise exploit material which you download from this web site without the express prior written permission of WARNERS. You further agree and acknowledge that you shall not acquire any ownership rights by downloading material from this web site.

Content

Content on this site is WARNERS’ proprietary information or the proprietary information of the party that provided the information to us. WARNERS or such other parties retain all rights, title, and interest in that material and content. You may not copy, distribute, republish, upload, post, or transmit this content without getting our approval in writing first. If you modify or use the site in ways that WARNERS has not approved in writing, you violate our intellectual property rights.

Submissions

It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.

Forums

WARNERS may offer features through the WARNERS site that enable you to post information and materials publicly, for example, bulletin boards, chat areas, and similar forums (collectively referred to herein as "Forums"). All of the rules of conduct described in the Submission Section above apply to the Forums. Additionally, without WARNERS' express prior written consent, you may not use the Forums for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Forums to solicit other WARNERS site visitors or users to visit or become members of, subscribe to or register with any commercial online service or other organization

When you submit or make available any information or materials through the Forums or otherwise through any WARNERS site ("Submissions"), you acknowledge and agree that those Submissions will be non-proprietary and non-confidential, may be made available to the general public, and may be used by WARNERS without restriction. You grant to WARNERS the worldwide, perpetual, royalty-free, irrevocable, nonexclusive right and license, sublicensable through multiple tiers, without compensation to you, to use, reproduce, distribute (through multiple tiers), adapt (including without limitation edit, modify, translate and reformat), create derivative works of, transmit, publicly display, publicly perform, digitally perform, make, have made, sell, offer for sale and import all Submissions, in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section with respect to each Submission, and that your provision of Submissions through the Forums or otherwise through the WARNERS site complies with all applicable laws, rules and regulations. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Agreement for any reason.

We reserve the right, at our sole discretion, to edit any Submission and to choose to include or not include such Submission in the Forums or otherwise in the WARNERS site. The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the WARNERS site are those of such third parties and not of WARNERS, and WARNERS does not endorse any such opinions, statements or materials. We may remove objectionable statements or other content from the WARNERS site at any time if we deem removal to be warranted. Please understand that removal or editing of any Submission or other materials may not occur immediately.

You acknowledge and agree that WARNERS has no control over, and shall have no liability for any damages resulting from, the use (including without limitation re-publication) or misuse by any third party of information voluntarily made public through the Forums or any other part of the WARNERS site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE FORUMS OR OTHERWISE THROUGH THE WARNERS site, YOU DO SO AT YOUR OWN RISK.

Sweepstakes, and Contests, and Similar Promotions

Any sweepstakes, contest, or similar promotion made available through the WARNERS site may be governed by specific rules that are separate from this Agreement. By participating in any such sweepstakes, contest, or promotion, you agree to become subject to those rules, which may vary from the terms of use set forth herein. WARNERS urges you to read the applicable rules, if any, which will be linked from the particular activity, and to review the Security and Privacy Statement, which, in addition to this Agreement, will govern any information you submit in connection with such activities.

Disclaimer

You understand that WARNERS cannot and does not promise, guarantee or warrant that files you download through the Internet will be free from viruses, worms, Trojan horses or other code that may be destructive. You are responsible for implementing sufficient safeguards for yourself. WARNERS does not assume any responsibility for your use of the Internet.

USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. SPEEDOUSA DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WARNERS DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. WARNERS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING ANY USE OF THE CONTENT OR ACCURACY. WARNERS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. SPEEDOUSA MAKES NO WARRANTY THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS. WARNERS ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

All of the information on this site is current only as of the date it is posted.

Hyperlinks

WARNERS may have hyper-links on this site to other sites that we think you might find interesting. Such other sites are not under our control and therefore we have not reviewed them and we are not responsible for their content. You click through at your own risk, and WARNERS makes no representation or warranties about the content, completeness or accuracy of the sites hyper-linked to this site. A link to the site does not imply our endorsement or approval of its content or source.

Intellectual Property

All trademarks, service marks, and logos, text, copyrightable subject matter, images, graphics, designs and products appearing on this site belong to WARNERS or in some cases to the party that authorized such use by WARNERS.

Governing Law

These Terms of Use will be governed and interpreted pursuant to the laws of the State of New York, notwithstanding any conflicts of law. You specifically consent to personal jurisdiction in New York in connection with any dispute between you and us. The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of or relating to these Terms of Use will be in the state and federal courts in New York City (Manhattan), New York. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of any remaining provisions. These Terms of Use constitute the entire agreement relating to this subject matter. Notwithstanding the foregoing, any additional terms of use on this site will govern the items to which they apply. WARNERS may revise these Terms of Use at any time.

SECURITY

WARNERS protects your online order and registration information by using Secure Sockets Layer (SSL) technology. When you register, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password to access account information. In order to protect your personal information further, you should be careful about providing your password to others.

Colors

WARNERS displays colors of our products on our site as accurately as we can, but the actual color you see depends on the accuracy of your own monitor, which we cannot guarantee.

EACH OF THESE LIMITED WARRANTIES IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES MADE TO YOU, EXPRESS OR IMPLIED, AND SPEEDOUSA HEREBY EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPEEDOUSA WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF A PRODUCT.

To obtain information about or to make a claim concerning performance of a warranty obligation you must contact WARNERS by phone at 212-287-8208 or by mail at the following addresses:WARNERS c/o Marketing Team 501 7th Ave 11th Fl NY, NY 10018 or info@warners.com, or customerservice@warners.com.

Miscellaneous

WARNERS shall not be in default if this site is rendered unusable by forces of nature, war, acts of terrorism, civil commotion, governmental action, fire, storm, flood, explosion, strikes, walkouts, Internet or telecommunications failures, other industrial disturbances, or any other cause beyond our reasonable control. WARNERS may revise or modify products, product information or pricing without notice. WARNERS is not responsible for typographical errors or inaccuracies and information that may not be complete or current. WARNERS.com is an independent contractor.

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