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Acceptance of Terms Through Use
WELCOME! to the A-Ha! Web Site ("Site"). Please review the following basic terms and conditions (the "Terms of Use"), which govern your use of our Site. Please note that your use of this Site constitutes your unconditional agreement to follow and be bound by the Terms of Use (the "Agreement"). If you do not agree to these Terms of Use, please do not use this Site.
A-Ha! reserves the right, in its discretion, to change the Terms of Use at any time without prior notice. We therefore ask that you check the Terms of Use periodically for changes. Your continued use of our Site following any such changes constitutes your acceptance of those changes.
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Proprietary Rights
Unless otherwise noted, all materials, including text, images, illustrations, designs, icons, photographs, video clips, and other materials that are part of this Site (collectively, the "Contents"), and the Site as a whole, including the collection, arrangement and assembly of all Contents on the Site, are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The A-Ha! Corporation or one of its subsidiaries or affiliates (collectively, "A-Ha!") or by third parties who have licensed their materials to A-Ha!, and are protected by U.S. and international copyright laws. All software used on this Site (the "Software") is the property of A-Ha! or its suppliers or licensors and is also protected by U.S. and international copyright laws. A-Ha! and its licensors expressly reserve all worldwide intellectual property rights in all Contents, in the Site as a whole, and in the Software. By granting access to this Site, A-Ha! does not intend to confer, and shall not be deemed to have conferred, any license under any of A-Ha!'s or its licensors' intellectual property rights, except to the extent expressly set forth in these Terms of Use.
The A-Ha! names and logos and related product and service names, design marks and slogans (including, without limitation, A-HA!, AHALearning.COM, etc) are registered trademarks, domain names or service marks of A-Ha!. All other marks that may appear on this Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. By granting access to this Site, A-Ha! does not intend to authorize, and shall not be deemed to have authorized, anyone to use any name, logo or mark in any manner.
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Use of This Site
The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial (other than the purchase of A-Ha! merchandise or services from our site) use by the users of our Site. A-Ha! authorizes you to download or print one copy of the Contents and other downloadable materials displayed on the Site solely for your own personal noncommercial use, provided you keep intact all copyright and other proprietary notices. No right, title or interest in any Contents or other downloaded material or software is transferred to you as a result of any such downloading or printing. You may not sell, license, rent, modify, distribute, copy, reproduce (except as noted above), transmit, publicly display or perform, publish, adapt, edit or create derivative works from, or otherwise exploit in any way, in whole or in part, any of the Contents or the Site as a whole. Any unauthorized use of the Contents and/or the Site as a whole is strictly prohibited.
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User Submissions
We welcome your communications to or about this Site. All comments, feedback, postcards, suggestions, ideas, stories, artwork, computer code and other submissions disclosed, submitted or offered to A-Ha! on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be considered non-confidential. By posting Comments on this Site, you automatically grant A-Ha! a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display or promote in any form, anywhere and for any purpose, the Comments alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. If you do not wish to grant such a license to A-Ha!, we ask that you not send us any Comments.
By posting or submitting Comments to this site, you represent and warrant to A-Ha! that you own or otherwise control all of the rights to the Comments and that public posting and use of the Comments by A-Ha! will not infringe or violate any right of any third party, including copyright, trademark, trade secrets, privacy or publicity rights, or other personal or proprietary right(s). You further represent that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, harassing, threatening, hateful, obscene or sexually explicit material. In addition, you represent that no Comments submitted by you to the Site will include advertisements or solicitations of business, chain letters or pyramid schemes or impersonations of another person. You are and shall remain solely responsible for the content of any Comments you make.
A-Ha! does not represent or guarantee the truthfulness, accuracy, or reliability of any of the Comments posted by users of this Site, nor does it endorse any opinions expressed by Site users. You acknowledge that your reliance on material posted by other users will be at your own risk.
A-Ha! does not screen Comments in advance and is not responsible for screening or monitoring material posted by other users of this Site. If notified by a user of Comments that allegedly do not conform to this Agreement, A-Ha! may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the Comment. A-Ha! has no obligation, responsibility or liability to users for the performance or nonperformance of such discretionary activities. A-Ha! reserves the right to expel users and prevent their further access to this Site for violating this Agreement or the law and the right to remove Comments that violate this Agreement.
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Product Availability & Pricing
Most A-Ha! products displayed at the Site are available for purchase through both the A-Ha! Online Store and in select A-Ha! 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 all sizes and colors. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States, unless otherwise indicated.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, A-Ha! shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. A-Ha! shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, A-Ha! shall immediately issue a credit to your credit card account in the amount of the incorrect price.
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Product Display
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, the actual colors you see will depend on your computer monitor. We cannot guarantee that your monitor's display of any color or texture or detail of actual merchandise will be accurate.
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Links to Other Web Sites
This Site contains links to third-party Web sites that A-Ha! does not host or control. Such links are provided solely as a convenience to you and not as an endorsement by A-Ha! of the contents on such third-party Web sites. A-Ha! is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk. Any concerns you may have about the services or resources offered or provided on a linked third-party site, or any sites linked thereto, should be directed to the host of the linked site.
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Limitation of Liability
YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL A-HA!, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, FRANCHISEES, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE AND THE CONTENTS HEREOF, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT A-HA! IS ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, A-HA!'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
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Disclaimer of Warranties
A-HA! DOES NOT WARRANT THAT THIS SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS SITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, A-HA! IS NOT RESPONSIBLE FOR THOSE COSTS AND YOU ASSUME FULL RESPONSIBILITY FOR THEM.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED BY A-HA! ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A-HA! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CHANGES ARE PERIODICALLY MADE TO THIS SITE AND MAY BE MADE FROM TIME TO TIME. A-HA! MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY OF THE CONTENTS OF THIS SITE. YOUR USE OF THIS SITE AND THE CONTENTS ON IT ARE AT YOUR OWN RISK.
THE FOREGOING DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
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Indemnification
You agree to defend, indemnify and hold harmless A-Ha!, its shareholders, officers, directors, employees, agents and Franchisees from and against any and all claims, actions, demands or liability, including, without limitation, reasonable attorneys' fees and costs, arising from or related to your use or misuse of this Site.
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Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the internal substantive laws of the State of California, without regard to its conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of San Mateo and/or the United States District Court, Northern District of California, and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such dispute.
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International Use
This Site is controlled and operated by A-Ha! from its offices in Burlingame, California. Unless otherwise specified and except to the extent A-Ha! products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting A-Ha!'s products and services available in the United States and select foreign markets. A-Ha! makes no claims that the Contents of the Site are appropriate or may be downloaded outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. Therefore, if you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
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Severability and Integration
If any provision of this Agreement is found to be invalid or unenforceable by any court having competent jurisdiction, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions and other provisions of this Agreement shall remain in full force and effect. Unless otherwise specified, this Agreement constitutes the entire agreement between you and A-Ha! with respect to the use of this Site and supersedes all prior or contemporaneous communications and proposals between you and A-Ha!.
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Termination
A-Ha! may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if A-Ha!'s determines, in its sole discretion, that you have failed to comply with any term or provision of this Agreement. Upon termination of this Agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise.
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