Terms of Use

EFFECTIVE DATE:  January 1, 2014

 

ANY ACCESS TO AND USE OF SELECTAHEAD.COM, INCLUDING ANY SERVICES, CONTENT, OR INFORMATION ON THE WEB SITE (COLLECTIVELY OR INDIVIDUALLY, AS THE CASE MAY BE, THE “SITE”) IS SUBJECT TO THE TERMS OF USE AS SET FORTH IN THIS DOCUMENT, AS MAY BE AMENDED FROM TIME TO TIME (THESE “TERMS”). BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS MAY CHANGE FROM TIME TO TIME IN THE SOLE DISCRETION OF SELECT A HEAD LLC (“SELECT A HEAD”), AND YOUR USE OF THE SITE AFTER SUCH CHANGES SHALL CONSTITUTE YOUR AGREEMENT TO ABIDE BY, AND BE BOUND BY, THE TERMS, AS REVISED. IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS OR USE THE SITE.

1. General Site Use

A. Copyright and Trademark
The Site design, text and graphics, and the selection and arrangement of such elements, are copyrighted and are protected by worldwide copyright laws and treaty provisions. Select A Head owns or has been granted rights to use all images, product and service marks, logos, and other content displayed on the Site.

B. Limited License
You are granted a limited, revocable license to access and use the Site for your personal use in accordance with these Terms. This license does not include, and you are expressly prohibited from: (i) creating derivative works using the Site or its contents; (ii) using data mining tools, bots, spiders, scrapers or similar data gathering techniques and tools; (iii) framing or using framing technology to enclose any Site content without our express written consent; and (iv) using any meta tags that uses our name or any of our trademarks or services marks. No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way. Except as expressly provided herein, Select A Head do not grant any express or implied right to you under any patents, copyrights, trademarks or other intellectual property or proprietary rights. Select A Head may terminate this license and your rights to use the Site for any reason at any time.

C. Links to Other Materials
Linked sites are not under our control, and Select A Head are not responsible for the content or practices of any linked site or any link contained in a linked site. Select A Head reserves the right to terminate any link or linking program at any time. Select A Head provides such links only as a convenience to you. Select A Head has not endorsed, tested or verified any information, programs, companies, or products on sites to which it links and make no warranties or representations regarding such sites or the information or content appearing on such sites. If you decide to access any third party sites linked to this Site, you do so entirely at your own risk.

D. Minors; Territory
The Site is not intended to be accessed by persons under the age of 18. Select A Head operates this Site from its offices within the United States. Select A Head makes no representation that content and materials on this Site are legal or appropriate for use from outside the United States. Please keep in mind that this Site may not conform with the laws of your country. If you access this Site from outside the United States, you do so at your own risk. You may not use this Site in violation of United States export laws and regulations.

E. Privacy
By using this Site, you agree to the terms of our Privacy Policy. A copy of the Privacy Policy may be found here.

2. Copyright Violations

A. Notification of Alleged Copyright Infringement
If you believe that your copyrighted work is being displayed or used on the Site in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. §512(c)(3) that contains substantially the following information:
• Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that Select A Head can locate the material.
• Identify the URL or other specific location on the Site that contains the material that you claim infringes your copyright described above. You must provide Select A Head with reasonably sufficient information to located the alleged infringing material.
• Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
• A statement that the information contained in your notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
• Your name, mailing address, telephone number, and e-mail address.

Submit your Notification of Alleged Copyright Infringement to our Designated Agent by mail or e-mail as set forth below:
Select A Head LLC Designated Copyright Agent

Osinski Law Offices P.L.L.C.
535 Dock St. Suite 108
Tacoma, WA 98402

Phone (253) 383-4433
Fax (253) 572-2223

Email: TTO@osinskilaw.com

Upon receipt of a proper Notification of Alleged Copyright Infringement as set forth above, Select A Head will remove the allegedly infringing Content and notify the alleged infringer. The alleged infringer will also be notified of the DMCA Counter Notification procedure set forth below.

B. Counter Notification
If you believe your copyrighted material has been removed from the Site as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. §512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
• Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
• A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is located outside the United States, for any judicial district in which the service provider may be found.
• A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
• Your name, mailing address, telephone number, and e-mail address.
• A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
• Your physical signature or electronic signature.

3. Trademark and Other Intellectual Property Violations

A. Notification of Alleged Infringement
If you believe that your trademark, trade name, logo, or other intellectual property or proprietary rights are being displayed or used on the Site in violation of your rights, please contact us via email to info@selectahead.com that includes (i) your name, email address, phone number, and physical address, (ii) sufficient information to identify the infringing content (such as a URL), and (iii) a description of your rights and why you believe they are being violated by the identified content.

Except in certain instances, we license the images and content for our products from third parties that represent to us that they have sufficient rights to allow us to display and sell the products on our site. Upon receipt of a claim of alleged infringement, we will promptly investigate the claim, remove actual or allegedly infringing content, cease sales of the products in question, or take other remedial action, as we deem necessary.

4. Disclaimer of Warranties

A. General
SELECT A HEAD MAKES NO REPRESENTATION OR WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. SELECT A HEAD UNDERTAKES NO OBLIGATION TO UPDATE, AMEND, OR CLARIFY THE SITE.

B. No Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE AND ANY SERVICE IS AT YOUR SOLE RISK. SELECT A HEAD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, AND LACK OF NEGLIGENCE.

5. Limitation of Liability and Remedies

A. Exclusion
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELECT A HEAD BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SELECT A HEAD KNOWS OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

B. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD SELECT A HEAD HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, PENALTIES, FORFEITURES, SUITS, JUDGMENTS AND THE ASSOCIATED COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES), WHICH SELECT A HEAD MAY HEREAFTER INCUR, BECOME RESPONSIBLE FOR OR PAY OUT ARISING OUT OF YOUR USE OF THE SITE, YOUR LINKING TO THE SITE, OR YOUR BREACH OF ANY TERM OR PROVISION OF THESE TERMS.

6. General Terms

A. Jurisdiction
These Terms shall be governed by and interpreted according to the laws of the State of Washington, without regard to conflict of laws principles. Select A Head and you agree that all disputes and litigation regarding these Terms, the Site and matters connected with the Site’s performance or relating to the use of the Site shall be subject to, and they each consent to jurisdiction and venue in, the state and federal courts in Seattle, Washington. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

B. Equitable Relief
You recognize and acknowledge that a breach by you of any of your obligations under these Terms will cause Select A Head irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of Select A Head’s goodwill, reputation, or rights in the Site, Select A Head shall be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss or dilution.

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