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Terms of Use
FroggerGolf.com, AmphibianTowel.com, FroggerBrushPro.com, (hereinafter "websites") are the property of Frogger.
Copyrights
Websites is the property of Frogger. All
content available through the website is protected by copyright and
other applicable intellectual property and personal property laws. All
rights reserved. You may not reproduce, retransmit, disseminate, sell,
publish, broadcast, or circulate any content from websites without
the express written consent of Frogger Trademarks
Certain trademarks, trade names, service marks and logos
used or displayed on this website, including Frogger, Amphibian Towel,
BrushPro, and Take Your Best Shot!, are registered and unregistered
trademarks, trade names and service marks of Frogger. Nothing
contained on this Website grants or should be construed as granting
any license or right to use any trademarks, trade names, service marks
or logos displayed on this Website without the written permission of
Frogger. Products and Specifications
Although we try to ensure that the
information on the Website is accurate, sometimes information on the
Website may contain typographical errors or other inaccuracies, or may
be incomplete or out-of-date. All features, content, specifications,
products and prices of products described or listed on our Website,
are subject to correction or change at any time without notice. Of
course, if you are not completely satisfied, you may return most of
our products for any reason within 30 days of the purchase date.
Videocassettes and DVDs are offered only for your private,
non-commercial home use and may not be duplicated. Shipping Limitations
All purchases from this Website are made
pursuant to a shipment contract and risk of loss and title for items
purchased from this Website pass to you when we deliver the products
to the carrier. You are responsible for filing any claims with
carriers for damaged and/or lost shipments. Orders
While it is our practice to confirm orders by email, our email
order confirmation does not constitute our acceptance of an order. We
reserve the right to limit the order quantity on any product or
service and/or to refuse service to any customer without prior notice.
We may require verification of information prior to the acceptance
and/or shipment of any order. Third Party Links
This Website may contain links to websites that we
do not own, control or operate. We provide these links solely as a
convenience to you. If you follow these links, you will leave this
Website. We are not responsible for any content, materials or other
information located on or accessible from any other website. We do not
endorse, guarantee, or make any representations or warranties
regarding any other websites, or any content, materials or other
information located or accessible from any other websites. If you
decide to access any other websites linked to or from this website,
you do so entirely at your own risk.
No Warranty Frogger does not guarantee the accuracy, completeness, or timeliness of any of the content on websites, including, but not limited to content originated by Frogger, licensed by Frogger, or gathered by Frogger from publicly available sources. FROGGER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, OR SERVICES CONTAINED IN "WEBSITES". ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Limitations of Liability
You agree to indemnify and hold Frogger, and our
affiliates, licensors, subsidiaries, officers, directors, members,
agents, employees, successors and assigns, harmless from any claim,
loss or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your use of our Website, your
connection to our Website, your violation of these Terms and
Conditions, or your violation of any rights of another party. This
indemnity survives termination of these Terms and Conditions. Domestic Use
Export Restriction. We control the Website from our
offices within the United States of America. We make no representation
that the Website or its content (including, without limitation, any
products or services available on or through the Website) are
appropriate or available for use in other locations. Users who access
the Website from outside the United States of America do so on their
own initiative and must bear all responsibility for compliance with
local laws, if applicable. Further, the United States export control
laws prohibit the export of certain technical data and software to
certain territories. No content from the Website may be downloaded in
violation of United States law. Unsolicited Ideas
Neither Frogger nor its employees accepts or
considers unsolicited ideas, including ideas for new or improved
products, product enhancements, processes, materials or other ideas.
This policy is intended to avoid misunderstandings or disputes that
could arise if Frogger's products or marketing efforts appear similar
to unsolicited ideas submitted to us. If you submit your ideas to us
anyway, then you agree that your ideas will automatically become the
property of Frogger, without compensation to you and Frogger can use
the ideas for any purpose and in any way and may even give or sell the
idea to someone else. These terms apply even if you include other
terms or conditions along with your ideas
Changes and Updates
We reserve the right, at our sole discretion, to
change, modify, add or remove portions of these Terms of Use, at any
time. It is your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Website following
the posting of changes means that you accept and agree to the changes.
DISCLAIMERSGoverning Law; Dispute Resolution
You agree that all matters
relating to your access to or use of the Website, including all
disputes, will be governed by the laws of the United States and by the
laws of the State of California without regard to its conflicts of
laws provisions. You agree to the personal jurisdiction by and venue
in the state and federal courts in San Francisco, California, and
waive any objection to such jurisdiction or venue. Any claim under
these Terms of Use must be brought within one (1) year after the cause
of action arises, or such claim or cause of action is barred. No
recovery may be sought or received for damages other than
out-of-pocket expenses, except that the prevailing party will be
entitled to costs and attorneys' fees. In the event of any controversy
or dispute between Frogger and you arising out of or in connection
with your use of the Website, the parties shall attempt, promptly and
in good faith, to resolve any such dispute. If we are unable to
resolve any such dispute within a reasonable time (not to exceed
thirty (30) days), then either party may submit such controversy or
dispute to mediation. If the dispute cannot be resolved through
mediation, then the parties shall be free to pursue any right or
remedy available to them under applicable law.
Information Collected for All Visitors Websites collects statistical information regarding visitors to the site. This information is used to help us enhance websites by ensuring that it meets the needs of our visitors. This information may contain data that could be used to identify the computer from which you are accessing websites depending on your network configuration. Websites uses this information only for statistical purposes and does not track individual users use other than as needed to ensure the security of the site.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION,
MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE
ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. FROGGER DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES
PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, MATERIALS AND
SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND
FROGGER MAKES NO COMMITMENT NOR ASSUMES ANY DUTY TO UPDATE SUCH
INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF FROGGER OR THEIR RESPECTIVE
MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.
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