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Terms

This Website Terms of Use Contract (the "Agreement") constitutes a binding legal contract between you and Aaron Brothers, Inc. ("Aaron Brothers"), the owner and operator of the website which can be found at both AaronBros.com and AaronBrothers.com (the "Site"). Your use of the Site signifies and constitutes your acceptance of this Agreement, as it may be amended or supplemented from time to time.

Aaron Brothers takes the issue of privacy on the Internet very seriously. To view Your Privacy Rights, click here.

General Conditions of Use

Aaron Brothers hopes you enjoy the Site and use it safely and constructively. Your use of the Site is at the sole discretion of Aaron Brothers, which may deny you further use of the Site at any time, for any reason, with or without cause. Your use of the Site does not entitle you to continue to use the Site.

Your use of the Site must always comply with applicable law. In particular, but without limitation, you agree and represent not to use the Site to:

Systematically collecting information on the Site, by electronic or other means, is prohibited.

Product Descriptions

We attempt to describe the products offered on the Site as accurately as possible. However, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current or error-free. If a product offered by us and purchased by you is not as described, your sole remedy is to return it in unused condition for a refund or credit.

Intellectual Property Rights

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

No part of this website may be reproduced, used or appropriated in any manner for any purpose without the express written consent of the owner.

Third Party Copyrights

Aaron Brothers respects the intellectual property of authors and creators of visual images and we ask our customers to do the same.

A copyright exists in nearly all images and artwork, even ordinary family photos. In general, the copyright is owned by the person who took the photograph. Separate copyrights may reside in the photograph and its subject, if it is itself a work of art. A copyright in an image need not be registered as it exists as an ownership right as soon as the image is created. Copyright vests in its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. It is generally illegal to copy, print or digitally reproduce photographs taken by others without their permission. Federal law provides both civil and criminal penalties for violation of a copyright. Aaron Brothers and its customers are each subject to the copyright laws.

Images downloaded from the internet or scanned or copied from print publications should be presumed to be protected by copyright. Additionally, images photographed by professional photographers are also presumed to be protected by a copyright retained by the photographer. If we cannot make the copies or provide the digital services for you, go to your photographer or the source and request them. A professional photographer will do their best to see that your needs are met. If they cannot make the copies, they may authorize us to make them.

You represent and warrant that you possess all necessary rights to use the content that you submit to Aaron Brothers and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that we deem appropriate, in our sole and exclusive discretion.

If you have any questions as to what is legal that Aaron Brothers cannot resolve, you should consult a lawyer who specializes in copyrights.

Links to Other Sites; Framing this Site

The Site may contain links to third party websites. Such third party websites are not under the control of Aaron Brothers. Please note that Aaron Brothers is not responsible for the accuracy or content of websites of other providers, which may have links from this Site. Accordingly, Aaron Brothers can neither make a representation concerning the content of these sites to you nor can the fact that Aaron Brothers has provided this link serve as an endorsement by Aaron Brothers of this or any other site. In creating hypertext links to any other website, Aaron Brothers is not recommending that website or giving any assurances as to its standing. Aaron Brothers is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. Aaron Brothers makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third party websites, you do so at your own risk.

You may not frame or utilize framing techniques to enclose any portion of the Site (including the images found at the Sites, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on a page) of Aaron Brothers or its affiliates without prior express written consent.

Access and Interference

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host's infrastructure. You may not use meta tags or any other "hidden text" utilizing Aaron Brothers' name or trademarks without the express written consent of Aaron Brothers.

Comments and Submissions

Aaron Brothers appreciates your comments, remarks, feedback, suggestions, ideas and other submissions you disclose or transmit directly to us (collectively, "Your Comments"). Aaron Brothers is not obligated to keep Your Comments confidential or pay you or anyone else any money for Your Comments. Your Comments shall become the property of Aaron Brothers upon receipt, which means that Aaron Brothers shall own all right, title and interest in and to Your Comments.

Users of the Site are able to make certain comments, reviews, submissions and messages that are publicly-accessible on the Site (collectively, "Public Postings"). When you submit Public Postings, you grant Aaron Brothers, and all others who access the Public Postings, the worldwide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed.

Aaron Brothers has no obligation to monitor postings, however, you acknowledge that Aaron Brothers has the right (but not the obligation) in their sole discretion to refuse, delete or move any Public Posting that is available on the Site. In particular, but without limitation, Aaron Brothers shall have the right to remove any Public Posting that violates this Agreement, applicable law, or is otherwise objectionable.

You understand that if you include your email address in any Public Posting to the site, that you may receive unsolicited emails for which Aaron Brothers bears no responsibility.

Indemnification

You agree to defend, indemnify, and hold completely harmless Aaron Brothers and its officers, directors, members, agents, and employees from and against any and all claims, damages, costs, and expenses, including without limitation claims based upon the negligence of Aaron Brothers, arising from or related to your use of the site, the materials it contains, and any sites linked to this site. You further agree to indemnify and hold us, our subsidiaries or affiliates, and our officers, directors, members, agents, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your negligence, breach of this Agreement, or violation of any law or the rights of a third party or due to or arising out of your use of the Site.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: * YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AARON BROTHERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, OUR EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. * AARON BROTHERS ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR * * * DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. * AARON BROTHERS IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.

AARON BROTHERS MAKES NO WARRANTY THAT:

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AARON BROTHERS OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. THE WARRANTIES SET FORTH HEREIN GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Limitations and Exclusions of Liability

AARON BROTHERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY INDIVIDUALS WHO ARE REGISTERED ON THIS SITE. IN NO EVENT SHALL AARON BROTHERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT AARON BROTHERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AARON BROTHERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, AARON BROTHERS' LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO AN AMOUNT NOT TO EXCEED $100. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST AARON BROTHERS ARISING OUT OF THE USE OF THE SITE.

AARON BROTHERS SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE. YOU AGREE THAT THE TERMS OF THIS SECTION SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE INCLUDING, BUT NOT LIMITED TO, ANY FILES THAT ARE DOWNLOADED FROM THE SITE OR MERCHANDISE ORDERED AS A RESULT OF INTERACTIONS WITH THE SITE.

Modification

Because of the dynamic nature of the Internet environment, Aaron Brothers may update, revise, supplement, modify or amend this Agreement at any time. Any update, revision, supplementation, modification or amendment shall be effective immediately upon its posting on the Site. You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplementations, modifications or amendments.

Entire Agreement; Interpretation

This Agreement constitutes the entire agreement between you and Aaron Brothers with respect to your use of the Site. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.

The terms herein as they relate to any services or merchandise made available on the Site are supplemented by our Privacy Statement. To view Your Privacy Rights, click here.

Severability

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.

Governing Law and Venue

This Agreement, the entire relationship between you and Aaron Brothers, and any litigation or other legal proceeding between you and Aaron Brothers (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its choice of law rules. Reasonable attorneys' fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.

This contract is fully performable in Dallas, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

Term; Termination

This Agreement will remain in full force and effect while you use the Site.

Aaron Brothers may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use. In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

Waiver

The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e mail satisfy any legal requirement that such communications be in writing. If you have other questions about how we might use your e-mail address please click here and review Your Privacy Rights.

Contact Information

If you have a comment, question or request, or if you need to contact Aaron Brothers for any other reason, please click here.


This website and/or certain activities provided via the website may be covered by U.S. Patent 6,091,956.