Terms of Use

Agreement.  By using this Site, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement (the "Agreement" or “Terms of Use”) without limitation or qualification and any and all rules, guidelines and directions found throughout the Site.  Please read this Agreement carefully. This Agreement applies to all users of the Site, including users who are viewers of material on the Site and users who register for the Site as set forth hereinbelow.  Persons may also agree to these terms outside the Site in separate writings which incorporate them by reference.

Site Rating G.  We work to keep this Site rated G.   General audience.  Good.  Great.

Introduction.  Welcome to http://www.LiveLaughLove.com (the "Site"). The Site is owned and operated by NBI, Inc., and its subsidiaries and affiliates (sometimes  “we,” “us,” “our,” “NBI,” or “LLL” herein).  “Site” includes LiveLaughLove.com and all of our various social media locations including without limitation Twitter®, Pinterest®, Facebook®, YouTube®, MySpace® and the like.

Are you Under 13 Years Old?   IF YOU ARE UNDER 13 ASK YOUR MOM OR DAD TO HELP YOU ON THIS SITE.  IF YOU ARE UNDER THE AGE OF 13 YOU CAN’T USE THIS SITE OR REGISTER FOR IT.   Parents of persons under the age of 13 must use or register on their behalf.  By using the Site you also represent that you are at least 13 years old. NBI does not knowingly collect personally identifiable information from users under the age of 13 except as permitted by law.  Such users are expressly prohibited from submitting their personally identifiable information to us and any information submitted by such users will not knowingly be used, posted, or retained by us.  If we find we have received any information from a child under the age of 13 in violation of this policy, we delete that information.  If you think we have received personally identifiable information from or about anyone under the age of 13, please use the Contact Us form.

Modification. Each time you use the Site you will be subject to the Terms of Use posted at that time.  Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the Site following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.

Consideration.  You acknowledge that this Agreement is supported by reasonable and valuable consideration, receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your use of the Site and receipt of data, materials and information available at or through the Site, viewing the contents thereof, which you can voluntary elect not to do.

Avoidance of Site Entry.  If you do not wish to enter this Site and subject yourself to these Terms of Use, but require some other form of assistance regarding this Site, you may contact us at:

Live Laugh Love®
PO Box 30
Daytona Beach, FL 32115

Privacy.  See posted Privacy Policy.

Accuracy. While we use reasonable efforts to include accurate and current information on the Site, we make no warranties or representations as to its accuracy.  We assume no liability or responsibility for any errors or omissions in the content on the Site.

Registration. You do not have to register to view the Site.  You may visit the Site, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you may have to register for an account in order to access the full features of the Site, including but not limited to the ability to purchase products through the Site. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and it of course is your responsibility to keep your account password secure. You must notify NBI immediately of any breach of security or unauthorized use of your account. NBI will not be liable for any losses caused by any unauthorized use of your account. NBI reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time, with information and our rights maintained.

Disclaimer of Site Warranty. THIS SITE IS PROVIDED BY NBI ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR LINKS HEREIN OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OF LINKED SITES.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL NBI, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO NBI THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Nature of Communication. Any communication or material you transmit to the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, and the like, will be treated as non-confidential and non-proprietary. Anything you transmit may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting without liability or compensation. Furthermore, we are free to use any ideas, information, terms of art, slogans, concepts, sayings, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing goods and services using such information without liability or compensation, unless a written agreement reserving rights to you is signed between you and us prior to the disclosure.

Trademark Acknowledgment.  You acknowledge and agree as a matter of contract and of law that "Live Laugh Love" is a trademark of D-Generation, Inc., the third party owner of such trademarks, in all classes of goods and services, in the United States and other countries with only class 3 being excepted in America.  All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.  

Goodwill. You acknowledge the value of goodwill associated with the marks listed herein and appearing on the Site, and agree that we or D-Generation, respectively as appropriate, are the sole owner(s) of such goodwill.  Any goodwill generated as a result of use of the marks by you will inure to the benefit of our and D-Generation’s benefit, respectively.

Intellectual Property Rights. The trademarks, logos, and service marks, including without limitation the word mark Live Laugh Love®, Live Love Laugh®, LLL®, L3™, and Live Well Laugh Often Love Much® belong (collectively the "trademarks") displayed on the Site, are registered and unregistered trademarks of D-Generation, Inc. and others. The goods and services depicted, discussed, and offered on the Site are all registered, pending registration, or protected by state and federal common law covering intellectual property rights. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of D-Generation, Inc., the third party owner of such trademarks. Your misuse of the trademarks, or any content on the Site, except as provided in these Terms of Use, is strictly prohibited. We and D-Generation, Inc. will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Proprietary Product; Non-Competition. As a matter of contract, in fundamental consideration for the opportunity to view and evaluate the information presented in the Site, you agree that you will not use in competition with us, or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: product concepts; alternative designs of the goods, services, logos, tradenames, artwork, slogans, and monikers depicted on this Site; logos; trade dress;  product themes; product genres; product information; tradenames; designs or ideas that are derived from the product or logo, or tradename concept; tradenames and slogans similar or confusingly similar to those depicted on this Site; or anything derived or adapted the goods, services, slogans, logos, and services depicted in this Site. All goods, services, slogans, logos, and monikers displayed on this Site are US Trademark and protected by common law.  We will aggressively enforce its trademark, copyright, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Additional Marks.  Included in the foregoing are:  LLL®; LoveLaughLive.Com® Love Laugh Live™; LoveLiveLaugh.Com™; Love Live Laugh™; Live Love Laugh™; Live Well, Laugh Often, Love Much® Live Laugh Love [name, location, place, activity, or subject insert]™; Live Love Laugh [name, location, place, activity, or subject insert]™; Love Laugh Live [name, location, place, activity, or subject insert]™; Love Live Laugh [name, location, place, activity, or subject insert]™

Copyright. You should assume that everything you see or read on the Site is subject to trademark protection, copyrighted, protected by common law intellectual property rights, or and may not be used except as provided in these Terms of Use without our prior written permission.  We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.  All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Site are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright from us or any third party.  The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without our express written consent or our lawful successors and assigns.

Off-Site Links.  We have not reviewed any websites which may from time to time linked to the Site and is not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any such other off-site pages or other websites is at your own risk, and subject to the "At Your Risk" paragraph of this Site Terms of Use. We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site.  We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site.  We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.

You hereby irrevocably waive any claim against us with respect to information, content and materials contained on any third-party or co-branded Site, and any information, content and materials you provide to such third-party or co-branded Site (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Site to which you might link from our Site. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site.  We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site.  We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.

WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.

Revisions. We may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically re-visit this page to review the then current Terms of Use to which you are bound. They may be different on subsequent visits to this Site.

Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms of Use. No change or modification of these Terms of Use shall be valid unless the same is herein posted on this website, or is set forth in a separate written paper document signed by an officer of NBI then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org). No other person has the actual authority to modify these Terms of Use, and all apparent authority to do so is hereby disavowed.

Your Responsibility. You assume all responsibility for your use of the Site. You waive all claims against NBI, its officers, directors, employees, suppliers and software programmers that may arise from the utilization of the Site.  

Accuracy of Information. While all reasonable attempts are made to ensure the accuracy of the information found in the Site, neither NBI, nor its information contributors can be held responsible by you for the accuracy of the information. NBI makes no express or implied warranty as to the accuracy or merchantability of content or programming.

Software Interference. You agree that you will not undertake any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our Site in any way, and indemnify us (including attorney’s fees) against same.  

Legal Use.  You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from NBI. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with any interaction with the Site or any co-branded Site must be accurate, complete, and current. By using the Site, you agree not to violate or attempt to violate the security of the Site, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

License and Site Access.  NBI grants you a limited, revocable and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NBI. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NBI. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NBI and its affiliates, licensors or licensees without express written consent of NBI.  You may not use meta-tags or any other hidden text using NBI's name or trademarks without the express written consent of NBI. Any unauthorized use will immediately terminate the permission or license granted by NBI.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NBI so long as the link does not portray NBI or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by NBI in its sole discretion. You may not use any NBI logo or other proprietary graphic or trademark as part of the link without express written permission of NBI. You may not make any other part of the Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from NBI.

Comments and Unsolicited Submissions.   We welcome your comments and feedback about the Site and our products. In addition, in some places the Site enables users to post comments and product reviews which may be viewed by other users. Any comments, reviews, testimonials, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") posted to the Site or sent to us, whether through the Site, e-mail, facsimile, U.S. mail or by other means, shall be and remain the exclusive property of NBI. Your submission of any such Comments shall constitute an irrevocable assignment to NBI of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, NBI (and its licensees, distributors, agents, representatives and other authorized users) will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential materials such as product ideas, concepts, data, technical information, suggestions, photographs, artwork, stories, videos, audiovisual works, sound recordings, program formats, characterizations and/or other similar materials ("Unsolicited Submissions").

If, despite our request, you intentionally or unintentionally send us Unsolicited Submissions, we (and our licensees, distributors, agents, representatives and other authorized users) shall be entitled to unrestricted use of such Unsolicited Submissions for any purpose whatsoever, commercial or otherwise, without the requirement of any permission from or payment to you or to any other person or entity. If there exists any doubt or ambiguity about whether any material constitutes an Unsolicited Submission, such material shall be conclusively deemed to be an Unsolicited Submission. No Unsolicited Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Unsolicited Submission. Without limiting the foregoing, you hereby grant NBI (and its licensees, distributors, agents, representatives and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform such Unsolicited Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License"). You agree to the foregoing grant of rights, consents, agreements and assignments whether or not your Unsolicited Submissions are used by us.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in this Agreement.

You agree that any Unsolicited Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Unsolicited Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

The terms of the Submissions License shall govern our right to use all Unsolicited Submissions. Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Unsolicited Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Unsolicited Submissions submitted by you to us.

Copying or Downloading Web Pages.  You agreed that you will not save, copy or download the web pages of this Site, or the programming or formatting thereof.

Indemnity. You agree to indemnify and hold us, our licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or breach of these Terms of Use.  You shall use all reasonable efforts to cooperate with NBI in the defense of any claim. NBI reserves the right, at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Product Information.  NBI attempts in good faith to be accurate when describing its products and services on the Site.  We do not warrant that product and service descriptions or other content of this or any other Site are complete, reliable, current, or error-free.  We have made every effort to display as accurately as possible the colors of our products that appear on the Site. However, as the actual colors you see depend on your computer monitor and other factors beyond NBI's control, we cannot guarantee that your computer's display of any color on the Site will be accurate.   Various NBI products displayed on the Site are available in select retail stores in the United States and select foreign markets while supplies last.  In some cases, merchandise displayed for sale at the Site may not be available in retail stores. Unless otherwise stated, the prices displayed at the Site are quoted in U.S. Dollars.

Termination or Restriction.   NBI may terminate or restrict your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. You may also terminate your use of the Site at any time, provided that all of the provisions of this Agreement, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.

DMCA Notice.  You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the Site.  You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a copyright.  Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), NBI. will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Please contact us at the address listed herein regarding any copyright infringement notices. It is our policy to terminate our contractual relationships regarding content with third parties who repeatedly infringe the copyrights of others.

Risk of Loss.  All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, NBI. Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when NBI delivers these items to the carrier.

Legal Notices. Any legal notices other than service of process shall be given by pre-paid certified mail, signature required, to "Legal Affairs" at our address stated above.

Governing Law and Venue. This Site is established in the State of Idaho in the United States of America.  Through this Site you are interacting with us in Florida.   Our Site and the servers that make the Site available worldwide are located in the United States.  The Internet laws in the United States govern all matters relating to the Website.  Any information you provide in subscribing to our Site or registering or ordering at our Site will be transferred to the United States.  By visiting our Site and submitting information, you authorize this transfer, processing and use.  You agree that all claims, causes or action at law or equity arising out of this Site or the goods and services and information contained herein, your interaction with us, your claims arising out of goods and services depicted or sold on this Site, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these Terms of Use, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Florida, shall be judged and resolved in accordance with the laws of the State of Florida in the United States of America and venue for all such matters shall be in the state court in Orange County, Florida or Hillsborough County, Florida.  No action or proceeding may be brought in any other jurisdiction.

Language of Construction. This Site is written in American English, and American English shall be the language employed to construe this Site and these Terms of Use and resolve any conflict or unclarity herein.

Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms of Use or the substantive content of a paragraph.

Discontinuance; Modification.  We may discontinue this Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Site at any time for any reason, without notice.

Third party.  D-Generation, Inc., the owner of the trademarks listed herein, is a third party beneficiary of this Agreement and not a party hereto.

Lack of Partnership.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver.  Our failure to enforce any provision of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

Illegality.  If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Reservation of Rights.  All rights not expressly granted herein are hereby reserved to us.

Invalid, Unenforceable, or Illegal Provisions. Should any provision of these Terms of Use be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms of Use.

Entire Agreement. These Terms of Use constitute the entire agreement between you and us, and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein.  You and us may enter into subsequent agreements which may supplement these Terms of Use regarding specific matters, provided such are set forth in a separate written paper document signed by an officer of NBI then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org).

Corporate Entity; Release. You acknowledge and agree that you are dealing with a corporate entity in this Site, and that the persons who represent that corporation act on behalf of the corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your use of this Site and our goods and services, and to the Terms of Use. Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the corporation’s officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by us. Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; transfer of corporate assets for personal use; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; depletion of corporate assets for personal benefit; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.

No Jury Trial. YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

Limited Goods and Services Warranty.  NBI warrants that the Goods and Services are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. NBI will provide replacement Goods or Services, or may opt to reimburse the purchase price if that is infeasible. NBI’s sole liability with respect to any defect shall be for the replacement of the defective Goods or Services. No one is authorized to make any other warranties on behalf of NBI, or modify this warranty, except in a separate written paper document under signature of a corporate officer of NBI then-listed with the Florida Department of State (see www.sunbiz.org/). NBI will not be liable for repairing damages or failures caused by acts of God, abuse, abnormal usage, use or application for which the Goods and Services are not intended. The foregoing shall constitute NBI’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. NBI WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.

Arbitration of Disputes. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING A CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.

Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Orange or Hillsborough County, Florida, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Orange or Hillsborough County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Any controversy not settled between us including without limitation those arising out of or relating to this Site, these Terms of Use, goods and services presented herein, subsequent agreements into which we may enter via this site or by other means, shall be determined by binding arbitration conducted in Idaho in accordance with the Idaho Uniform Arbitration Act as amended. These matters shall without limitation include: formation of our agreement under these Terms of Use; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising during or after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms of Use, or the goods and services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms of Use.

This binding arbitration provision applies to any and all claims as aforesaid that you have against us, our subsidiaries, affiliates, licensees, licensors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.

The arbitrator shall have at least five (5) years experience.  The arbitrator may determine the question(s) presented and render a final award. Any action taken, determination made, and award granted by the arbitrator will be binding on the parties and confirmable and enforceable by a court of law. The loser of the Arbitration as decided by the arbitrator shall pay all costs, but not attorney's fees, and the arbitrator may require these costs to be posted in advance to assure payment. Each party shall bear their own attorney's fees and costs. The decision and any award will be made in writing within fifteen (15) days from the date of the arbitration hearing. An assignee, successor in interest, or economic beneficiary of these Terms of Use shall also be bound by this arbitration provision, and in the event of lack of a signature confirming assent, the act of acceptance of the benefit of the contract or other act of performance of the contract shall constitute such assent. The arbitration shall be limited. No discovery shall be allowed or depositions taken. All arbitrations shall be limited to a single brief no longer then ten (10) pages in length with half-inch margins and using 12 point Arial font. All assumptions must be taken in favor of NBI, or D-Generation,  respectively. The decision and award must be based on the contract.  Issues about the scope of the arbitration agreement or about waivers of the arbitration agreement shall be resolved in favor of arbitration. Any ambiguous provisions dealing with arbitration shall be construed in favor of arbitrating disputes arising out of this contract or its performance. These Terms, the Site, and any ambiguity herein or therein shall be interpreted in favor of NBI or D-Generation, Inc. respectively.  A hearing shall only be allowed if required by the arbitrator.

This arbitration agreement will survive: (i) termination or changes in these Terms, and the relationship between you and us concerning these Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.
 
END OF TERMS OF USE