TERMS OF USE
Please read the following Terms of Use ("Terms") carefully. They govern your use of the website www.freakinbillboard.com (the "Site") of Freakin'Billboard LLC ("Freakin'Billboard"). By accessing this Site, you acknowledge and agree to be bound by the following Terms. They may be modified from time to time without notice by Freakin'Billboard, but they will be posted on this Site. If you do not agree to the following Terms, do not use this Site.
License and User Conduct
Freakin'Billboard grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Freakin'Billboard. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Freakin'Billboard. Any unauthorized use of the Site shall automatically terminate the license granted to you by Freakin'Billboard for such use.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that Freakin'Billboard may terminate your use of the Site in Freakin'Billboard's sole discretion for any reason.
Your are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Freakin'Billboard of any unauthorized use of your password or account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. Freakin'Billboard reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Freakin'Billboard. Freakin'Billboard has no obligation to monitor the Site; however, you acknowledge and agree that Freakin'Billboard has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity.
Copyrights and Trademarks
Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Freakin'Billboard, its affiliates, its licensors, and/or its affiliates' licensors. The graphics, icons, and overall appearance of this Site are the property of Freakin'Billboard. The posting of information, documentation, and other content does not constitute a waiver of any of Freakin'Billboard's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Freakin'Billboard. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Freakin'Billboard and its affiliates reserve the right to revoke this authorization at any time.
The FREAKIN'BILLBOARD mark, the FREAKIN'BILLBOARD logo, and other names of products and services referenced herein are trademarks of Freakin'Billboard. All other products, services, and company names mentioned herein are the trademarks of their respective owners.
This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. Freakin'Billboard does not endorse, and Freakin'Billboard is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Freakin'Billboard is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Freakin'Billboard shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Freakin'Billboard shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
Correction of Errors and Inaccuracies; Limitations on Quantity; Risk of Loss [See Return Policy]
The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. Freakin'Billboard therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Freakin'Billboard also reserves the right to limit quantities (including after you have submitted your order). Freakin'Billboard apologizes for any inconvenience this may cause you. The risk of loss and title to items purchased from Freakin'Billboard pass to you upon Freakin'Billboard's delivery to the carrier. [See RETURN POLICY].
While Freakin'Billboard strives to provide accurate product and pricing information, pricing or typographical errors may occur. Freakin'Billboard cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Freakin'Billboard shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Freakin'Billboard may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. FREAKIN'BILLBOARD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. ANY INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND FREAKIN'BILLBOARD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.
FREAKIN'BILLBOARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF FREAKIN'BILLBOARD'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER FREAKIN'BILLBOARD, NOR ANY OF FREAKIN'BILLBOARD'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "FREAKIN'BILLBOARD ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF FREAKIN'BILLBOARD OR A FREAKIN'BILLBOARD ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH FREAKIN'BILLBOARD OR ANY FREAKIN'BILLBOARD ASSOCIATE IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT FREAKIN'BILLBOARD'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO FREAKIN'BILLBOARD OR A FREAKIN'BILLBOARD AFFILIATE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM.
THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY FREAKIN'BILLBOARD FROM ITS OFFICES WITHIN THE UNITED STATES. FREAKIN'BILLBOARD MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND FREAKIN'BILLBOARD ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS FREAKIN'BILLBOARD AND THE FREAKIN'BILLBOARD ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN FREAKIN'BILLBOARD AND YOU.
Freakin'Billboard respects and is committed to your privacy. Please review our Privacy Policy [INSERT LINK TO PRIVACY POLICY], which also governs your visit to Site, to understand Freakin'Billboard's practices.
Notices
Where required, Freakin'Billboard may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Freakin'Billboard by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Freakin'Billboard, please e-mail or write to:
325 N. Campbell Ave.
Indianapolis, Indiana 46219
Freakin'Billboard welcomes your questions and comments.
Except to the extent that federal law may govern, these Terms and your access to and use of this Site are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue.
The failure of Freakin'Billboard 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 found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Freakin'Billboard.
You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. Freakin'Billboard shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.
These Terms, including any documents referenced herein, represents the entire understanding between you and Freakin'Billboard regarding your relationship with Freakin'Billboard and your use of the Site. These Terms shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and Freakin'Billboard with respect to such subject matter. Notwithstanding any provisions of these Terms, Freakin'Billboard has available all remedies at law or equity to enforce these Terms.
