TERMS OF SERVICE
WEBSITE Terms of Service
This website (the “Site”) is owned and operated by VERBATIM.
By using this Site you represent that you are at least 18 years old. If you are not at least 18 years old, you may only use the Site if your parent or guardian consents and assumes full responsibility for your use of the Site. This Site is not intended for use by children under the age of 18.
Additions to Site Content
Any new products or features added to the Site will also be subject to these Terms of Service. The most current version of these Terms of Service will be available on this page. VERBATIM reserves the right to update, change or replace any part of these Terms of Service. It is your responsibility to check this page periodically for changes. Your continued use or access of the Site following the posting of any changes constitutes acceptance of those changes.
This Site contains intellectual property owned by VERBATIM, including copyrights, trademarks, and proprietary information. VERBATIM reserves all rights in its intellectual property. You may not publish, create derivative works from, or in any way exploit any of the Site Content, in whole or in part, without the prior, express written agreement of VERBATIM.
Lawful Purposes Only
You may use this Site for lawful purposes only. You will not use the Site for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with these Terms of Service.
Description of Site Offerings
VERBATIM endeavors to describe and display the content and products shown on the Site as accurately as possible. Please do not accept that the Site is entirely accurate, current, or error-free. From time to time VERBATIM may correct errors in pricing and descriptions. VERBATIM reserves the right to refuse or cancel any order, for any reason, including on the basis of an incorrect price listing.
VERBATIM invites comments to VERB's blog posts. While lively and vigorous commentary is welcomed, disrespectful, libelous, or false commentary is not. VERBATIM reserves the right to remove any commentary that does not meet the standard of respectful inquiry/debate. In addition, while you retain the copyright, if any, in commentary and other content you submit to the Site, by posting material on the Site, you grant VERBATIM a worldwide, perpetual, nonexclusive license to use the material in relation to published content on the Site and related publications.
The Site contains links to third party websites and resources. You acknowledge and agree that VERBATIM is not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
VERBATIM does not guarantee, represent or warrant that your use of the site, or the products offered therein, will be uninterrupted, timely, secure or error-free. VERBATIM does not warrant that the results that may be obtained from your use of the site, or the products offered therein, will be accurate or reliable.
You agree that from time to time VERBATIM may remove all or some of the products offered on the Site for indefinite periods of time.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products delivered to you through the Site are provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
No Consequential Damages
To the full extent permitted by law you agree that under no circumstances shall VERBATIM be liable (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the use, reliance on, or inability to use the Site or its products; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in the Site or its products. In no event shall VERBATIM’s cumulative liability to you exceed the total purchase price of the products you have purchased from VERBATIM.
You agree to defend and indemnify VERBATIM against any and all liability, claims and losses, including third-party claims, arising out of any breach by you of these Terms of Service or any use by you of the Site or it products. You shall not settle any third party claim or waive any defense without VERBATIM’s prior written consent.
Changes to Terms of Service
VERBATIM may at any time amend these Terms of Service. Such amendments are effective immediately upon notice to you by us posting the new Terms of Service on this site. Any use of the Site by you after being notified means you accept these amendments.
Digital Millenium Copyright Act (“DMCA”). VERBATIM respects the copyrights of others. If you see any content on the Site that you believe violates or infringes your copyright, you may submit via email a DMCA take down request. Please provide the following information: (1) The URL, and other description if necessary, to precisely locate the unauthorized material on the Site; (2) a detailed description of the copyright protected work you believe has been improperly used; (3) a URL link or other reference to the work you believe has been improperly used; (4) acknowledgements in the following forms, as required by the DMCA: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law” and “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed” and your signature “/s/ [fill in your name]”. Submit this in an email to firstname.lastname@example.org.
If any term, provision, or condition of these Terms of Service is held by a court or other judicial authority to be invalid, void, or unenforceable, the rest of the Terms of Service shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Effect of Headings
The subject headings of the paragraphs of these Terms of Service are included for convenience only and shall not affect the construction or interpretation of any of its provisions. Entire Agreement/Waiver