PRODUCT RECOMMENDATIONS DISCLAIMER / TERMS AND CONDITIONS
Product Recommendation Disclaimer / Terms and Conditions
Last Updated: September 29, 2021
1. Product Recommendations
2. Disclaimer of Warranties
3. Future Availability of Recommended Products
4. Limitation of Liability
5. Indemnification
6. Intellectual Property Rights
7. Dispute Resolution
8. Miscellaneous Terms
These Terms and Conditions describe Not Your Mother’s (owned by DeMert Brands, LLC) (“NYM”) terms that govern your participation in receiving recommendations (“Recommendations”) for the use of NYM products (“Products”).
These Terms and Conditions (the “Terms”) are a binding contract between you (“User”) and DeMert Brands, LLC. (“NYM”). As used in these Terms, “we”, “us”, or “our” also refers to NYM.
You must agree to and accept all of the Terms, or you do not have the right to receive Recommendations for NYM Products. These Terms include the provisions in this document, as well as those in our Privacy Policy, and any other terms and conditions that NYM may reference or incorporate into these Terms from time to time.
You acknowledge and agree that these Terms are the complete and exclusive statement of the mutual understanding between you and NYM, and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of NYM, and you do not have any authority of any kind to bind NYM in any respect whatsoever.
1. Product Recommendations
NYM will provide Users Product Recommendations upon request.
NYM may use third party applications to facilitate these Recommendations. It is your responsibility to review the terms to these third party applications, links to which can be found in NYM’s Terms of Use.
Any third party goods, services, or websites (“Third Party Content”), or the information or content publicly posted or privately transmitted or made available through Third Party Content is the sole responsibility of the individual or organization from whom such goods, services, or content originated, and you access information and content from these goods, services, or websites at your own risk.
NYM is not liable for any errors or omissions or for any damages or loss you might suffer in connection with these goods, services, or websites.
When you access third party websites or use third party services, you accept that there are risks in doing so, and that we are not responsible for such risks. The fact that NYM may use with other third party services should not be taken as an endorsement of those services. NYM encourages you to be aware when you leave the Site or Services of NYM and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize, as your use of those services is subject to those terms and policies.
NYM has no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party. addition, NYM will not and cannot monitor, verify, censor, or edit the content of any third party site or service. You release and hold NYM harmless from any and all liability arising from your use of any third party website or service.
If there is a dispute between Users and any third party, you agree that NYM is under no obligation to become involved. You release NYM, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes.
If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
2. Disclaimer of Warranties
USER ACKNOWLEDGES THAT THE PRODUCT RECOMMENDATIONS ARE PROVIDED BY NYM ON AN “AS IS” BASIS AND WITHOUT WARRANTY. THE PRODUCT RECOMMENDATIONS MAY NOT RESULT IN THE PRODUCTS RECOMMENDED PERFORMING ALL FUNCTIONS FOR WHICH THEY ARE INTENDED OR REPRESENTED, AND THE USE OF SUCH PRODUCT RECOMMENDATIONS IS ENTIRELY AT THE USER’S RISK. THIS DISCLAIMER IS IN LIEU OF ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE, INCLUDING IMPLIED WARRANTIES, WARRANTIES OF MERCHANTABILITY, QUALITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE.
3. Future Availability of Recommended Products
NYM reserves the right at any time not to release the Products or, if the Products are released, to alter features, specifications, capabilities, functions, release dates, general availability, or other characteristics of the Products.
4. Limitation of Liability
NEITHER NYM NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE TO USER OR ANY THIRD PARTIES CAUSED BY THE PRODUCT RECOMMENDATIONS OR PRODUCTS, CONFIDENTIAL INFORMATION OF NYM, OR BY NYM’S PERFORMANCE OF THESE TERMS. NEITHER NYM NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF ANY USE OF THE PRODUCTS OR ANY PERFORMANCE OF THESE TERMS WHETHER NYM OR ITS SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE.
5. Indemnification
User shall fully defend, indemnify, and hold harmless NYM from all claims, losses, costs, damages, expenses (including attorney’s fees), and other liabilities arising out of User’s use, operation, or possession of the Product Recommendations or Products, to the fullest extent permitted by law.
6. Intellectual Property Rights
All right, title, and interest to all intellectual property with respect to the Product Recommendations or Products, including that which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with NYM. No license or other right of any kind is granted by NYM’s furnishing the Product Recommendations or Products to User. User shall not use NYM’s copyrights, trademarks, trade names, or other intellectual property in any way.
7. Miscellaneous Terms
Entire Agreement. These Product Recommendation Disclaimer / Terms and Conditions, NYM’s general Terms of Use, including NYM’s Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and NYM and governs your use of the site, superseding any contemporaneous or prior agreements between you and NYM.
Governing Laws. These Terms will be governed by and construed in accordance with the laws of the State of Florida, County of Hillsborough, without regard to its conflict of law provisions.
Assignment. You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without our prior written consent. NYM may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Waiver and Severability. The failure of NYM to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the Terms, and without further action by the parties to these Terms, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
Notices. NYM may provide you with notices, including, without limitation, those regarding changes to these Terms via email or by updating these Terms on its Site.
Limitation on Claims. Any action concerning the site must be brought within one (1) year after the reason for the action arises, or the claim is barred.
NYM May be Legally Compelled to Disclose Certain Information. You agree that in the event NYM receives a subpoena issued by a court or from a law enforcement or government agency, NYM may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your personal information in response thereto.
Contact Information. Please send any questions or comments regarding these Terms to hello@nymbrands.com.