ACCEPTANCE OF TERMS

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Art Rules My Youth (ARMY) offers the following terms of use for its website, products, and services. By accessing and using the website, products, or services, you agree to be bound by these terms of use. If you do not agree to these terms, you are not authorized to use the website, products, or services.

 

These terms of use apply to all users of the ARMY website, products, and services, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.

 

To use the ARMY website, products, or services, you must be 18 years of age or older and have the legal capacity to form a binding contract. By using the website, products, or services, you represent and warrant that you meet these requirements. If you do not meet these requirements, you must not access or use the website, products, or services.

 

Please review our privacy policy, which is incorporated into these terms of use by reference, to understand our practices regarding the collection, use, and disclosure of your personal information.

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CHANGES TO TERMS OF SERVICE

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Art Rules My Youth (ARMY) reserves the right to revise and update these terms of use at any time and at our sole discretion. Any changes to the terms of use will be effective immediately upon posting and will apply to all access and use of the website thereafter. It is your responsibility to review the terms of use regularly to be aware of any updates or changes. By continuing to use the website after any changes have been made, you accept and agree to the revised terms of use.

Please note that any changes to the dispute resolution provisions outlined in these terms of use will not apply to any disputes for which the parties have already received notice on or prior to the date the change is posted on the website.

 

ACCESSING WEBSITE AND ACCOUNT

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ARMY reserves the right to withdraw or amend the website, products, and services at any time and at our sole discretion without notice. We will not be liable if the website or any part of it is unavailable at any time or for any period. We may restrict access to some parts of the website or the entire website to users, including registered users, at any time.

You are responsible for ensuring that you have the necessary arrangements and internet connection to access the website. You must also ensure that all persons who access the website through your internet connection are aware of and comply with these terms of use.

To access the website or some of its resources, you may be required to provide specific registration details or other information. It is a condition of your use of the website that all the information you provide is accurate, current, and complete. By providing this information, you agree that it is governed by our privacy policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.

If you are provided with a username, password, or any other security information, you must treat this information as confidential and not disclose it to any other person or entity. Your account is personal to you and you are not allowed to provide anyone else with access to the website or any part of it using your username, password, or other security information.

We reserve the right to disable any user name, password, or other identifiers at any time and at our sole discretion for any or no reason, including if we believe you have violated any provision of these terms of use.

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TRADEMARKS

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The trademarks, logos, service marks, and trade names (collectively, "Trademarks") displayed on the website are registered and unregistered trademarks of Art Rules My Youth (ARMY) and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All trademarks not owned by ARMY that appear on the website, if any, are the property of their respective owners. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the website without the written permission of ARMY or the third party that may own the applicable trademark. Your misuse of the trademarks displayed on the website is strictly prohibited.

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INTELECTUAL PROPERTY RIGHTS

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The website and all of its content, features, and functionality, including, but not limited to, information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof, are owned by Art Rules My Youth (ARMY), its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

 

These terms of use permit you to use the website for your personal, non-commercial use only. You are not allowed to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the website. If you wish to make any use of material on the website other than what is outlined in these terms of use, please contact us at support@artrulesmyyouth.com.

 

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the website in violation of these terms of use, your right to use the website will cease immediately, and you must, at our discretion, return or destroy any copies of the materials you have made. No right, title, or interest in or to the website or any content on the website is transferred to you, and all rights not expressly granted are reserved by ARMY. Any use of the website that is not expressly permitted by these terms of use is a violation of these terms of use and may infringe upon copyright, trademark, and other laws.

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CHANGES TO THE WEBSITE

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We may periodically update the content on the website, but the information may not always be complete or current. Some of the material on the website may be outdated, and we do not have an obligation to update it.

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LINKING TO WEBSITE AND SOCIAL MEDIA FEATURES

You may link to the homepage of our website, as long as you do so in a fair and legal manner that does not harm our reputation or take advantage of it. However, you must not create a link that suggests any form of association, approval, or endorsement by us without our express written consent.

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This website may offer certain social media features that allow you to:

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• Link from your own or certain third-party websites to specific content on this website.

• Send emails or other communications with certain content or links to specific content on this website.

• Display limited portions of content from this website on your own or certain third-party websites.

 

You may use these features only as they are provided by us and only in connection with the content they are displayed with. You must also follow any additional terms and conditions we provide for such features. In addition, you must not:

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• Create a link from any website that is not owned by you.

• Display or cause the website or any part of it to be displayed by using techniques such as framing, deep linking, or in-line linking on any other website.

• Link to any part of the website other than the homepage.

• Take any action regarding the materials on the website that is inconsistent with any other provision of these terms of use.

 

We reserve the right to withdraw linking permission at any time without notice. We may also disable all or any social media features and any links at any time without notice.

 

LINKS FROM WEBSITE

If the website includes links to other sites and resources provided by third parties, these links are only for your convenience. This includes links in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources and are not responsible for them or for any loss or damage that may result from your use of them. If you choose to access any of the third-party websites linked to this website, you do so entirely at your own risk and subject to the terms and conditions of use for those websites.

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DISCLAIMER OF WARRANTIES

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The Website and any services or items obtained through it are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We cannot guarantee that files available for download from the internet or the Website will be free of viruses or other destructive code. It is your responsibility to implement sufficient procedures and checkpoints to ensure the security of your computer and the accuracy of your data input and output, and to maintain a means external to the Website to reconstruct any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through it, or to your downloading of any material posted on it, or on any website linked to it.

 

You use the Website, its content, and any services or items obtained through it at your own risk. We do not guarantee the completeness, security, reliability, quality, accuracy, or availability of the Website, its content, or any services or items obtained through it. We do not represent or warrant that the Website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any services or items obtained through it will otherwise meet your needs or expectations.

 

We hereby disclaim all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. This does not affect any warranties that cannot be excluded or limited under applicable law.

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LIMITATION OF LIABILITY

 

IN NO CASE SHALL ART RULES MY YOUTH (ARMY) OR ANY OF ITS PROTECTED ENTITIES BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES RESULTING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS, AND FUNCTIONS RELATED TO IT, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO CASE SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO CASE SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO ARMY FOR YOUR USE OF THE SITE.

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PROTECTING OUR WEBSITE AND RIGHTS

You agree to defend, indemnify, and hold us and our affiliates and subsidiaries, and our and their respective officers, directors, employees, contractors, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

We also reserve the right to report any wrongdoing of which we become aware to the appropriate authorities.

 

DISPUTES

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ARMY and you agree to arbitrate all disputes between ARMY and you or its affiliates, except for disputes relating to the enforcement of ARMY's or its affiliates' intellectual property. The terms of this agreement are governed and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law that would require the application of the laws of another jurisdiction. Any disputes between ARMY and you relating to the websites must be resolved exclusively through binding non-appearance-based arbitration administered by JAMS, or in small claims court in New York, New York, U.S.A. or in your county of residence if your claims qualify.

 

In the event of a dispute, you or ARMY must send to the other party a notice of dispute, in writing, setting forth the name, address, and contact information of the party giving notice, the facts of the dispute, and relief requested. You may initiate proceedings by sending ARMY a Notice of Legal Dispute to the address listed in the "Notices and Contact Information" section. ARMY will send any notice of dispute to you at the contact information we have for you.

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You and ARMY agree to try to resolve a dispute through informal negotiation upon notice of a dispute for a period of 60 days. If you and ARMY do not resolve the dispute in this 60-day time period, then you or ARMY may commence arbitration. You and ARM agree that a dispute will be heard before a single neutral arbitrator, whose decision will be final, except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN A COURT OF LAW BEFORE A JUDGE OR JURY. The arbitration proceedings will be governed by the JAMS Comprehensive Arbitration Rules and Procedures and Expedited Procedures, or JAMS' Streamlined Arbitration Rules and Procedures, at the election of the party initiating the arbitration. Information regarding these rules can be found on the JAMS website at www.jamsadr.org. In addition, you and ARMY agree that the following rules will apply to the arbitration proceedings: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.

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To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE WEBSITES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED, ONLY ON AN INDIVIDUAL BASIS. In no event shall any claim, action, or proceeding by you related in any way to the websites be instituted more than one (1) year after the cause of action arose.

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If a court of competent jurisdiction finds these arbitration provisions invalid or inapplicable, you agree to the exclusive jurisdiction of the Federal and State courts located in New York County, New York, and you agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable claim or action.

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YOU MUST BRING ANY LEGAL ACTION OR CLAIM RELATED TO THESE TERMS OF USE OR THE WEBSITE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES. IF YOU DO NOT BRING LEGAL ACTION OR MAKE A CLAIM WITHIN THIS TIME FRAME, IT WILL BE PERMANENTLY BARRED.

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Last modified: 12/22/2022