TERMS OF USE
Copyrights
This Site and the materials within it are © 2007 New Edge Interactive, LLC.
Viewing this Site creates a copy of New Edge Interactive materials in your
computer's
random access memory and/or in your hard drive and/or in your proxy server.
Use License
The New Edge Interactive, LLC. ("New Edge Interactive" or "New Edge") grants
you
permission to view this Site and to print individual pages from this Site for
your
own personal, noncommercial use, provided that you agree to and accept without
modification the notices, terms and conditions set forth in this agreement.
You may not modify, copy (except as set forth in the preceding sentence),
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer or sell any information, material,
software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without
modification of the notices, terms and conditions set forth herein.
In addition, as a condition of your use of this Site, you represent
and warrant to New Edge Interactive that you will not use this Site
for any purpose that is unlawful, immoral or prohibited by these terms,
conditions and notices. If you do not agree and accept without modification
the notices, terms and conditions set forth herein, do not use this Site.
Other than this agreement and agreements between you and New Edge Interactive
relating to the sale of products or services to you through this Site,
New Edge Interactive will not enter into any agreement with you or obligation
to you through this Site and no attempt to create such an agreement or
obligation
will be effective.
Trademarks
The trademarks, service marks and logos (the "Trademarks") used and displayed
on this Site are registered and unregistered Trademarks of New Edge Interactive
and others. Nothing on this Site should be construed as granting, by
implication,
estoppel or otherwise, any license or right to use any Trademark displayed on
the
Site, without the prior written permission of the Trademark owner. New Edge
Interactive
aggressively enforces its intellectual property rights to the fullest extent of
the law.
The name of New Edge Interactive, New Edge Interactive logo or the other
New Edge Interactive formatives may not be used in any way, including in
advertising
or publicity pertaining to distribution of materials on this Site, without
prior,
written permission from New Edge Interactive. New Edge Interactive prohibits
use of
New Edge Interactive logo as part of a link to or from any site unless
establishment
of such a link is approved in advance by New Edge Interactive in writing. Fair
use of
New Edge Interactive's Trademarks requires proper acknowledgment. Other product
and
company names mentioned in this Site may be the Trademarks of their respective
owners.
Product Orders
While we will use our best efforts to fulfill all orders, New Edge Interactive
cannot
guarantee the availability of any particular product displayed on this Site.
New Edge Interactive reserves the right discontinue the sale of any product
listed on
this Site at any time without notice.
Product prices offered on this Site may vary from other advertised prices due
to varying
conditions in different geographic markets.
The prices displayed on this Site are quoted in U.S. dollars and are valid and
effective only within the United States, and such prices do not include
shipping
and handling or sales taxes, if applicable, which will be added to your total
invoice price. You are responsible for the payment of any shipping and handling
charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Site, we do not guarantee that any content
is accurate or complete, including price information and product
specifications.
If we discover price errors, they will be corrected on our systems, and the
corrected
price will apply to your order. New Edge Interactive reserves the right to
revoke
any stated offer and to correct any errors, inaccuracies or omissions
(including
after an order has been submitted and accepted).
For further information about purchasing products from New Edge Interactive,
please read our FAQ: General Information About Products and our Product Return
Policy carefully.
Links to Third Party Sites
This Site may contain links to Sites owned or operated by parties other than
New Edge Interactive or New Edge Interactive. Such links are provided for your
reference only. New Edge Interactive does not control outside Sites and is not
responsible for their content. New Edge Interactive's inclusion of links to an
outside Site does not imply any endorsement of the material on the Site or,
unless expressly disclosed otherwise, any sponsorship, affiliation or
association with its owner, operator or sponsor, nor does New Edge
Interactive's inclusion of the links imply that New Edge Interactive is
authorized to use any trade name, trademark, logo, legal or official seal or
copyrighted symbol that may be reflected in the linked Site.
Cautionary Statement Pursuant to the Private Securities Litigation
Reform Act of 1995
Statements of New Edge Interactive's expectations for new stores, capital
spending, sales growth, earnings performance and similar financial and
operating measures found in the press releases, SEC reports, and other
materials
found on this site constitute "forward-looking statements" as defined in the
Private Securities Litigation Reform Act of 1995. Words or phrases such as
“should result,” “are expected to,” “we anticipate,” “we estimate” or
“we project,” as well as other similar expressions are intended to assist
readers in identifying these “forward-looking statements.” Such statements
are based on the currently available operating, financial and competitive
information as of the date of such statements and are subject to various
risks and uncertainties that could cause actual results to differ
materially from the company's historical experience and its stated
expectations. These risks and uncertainties include, but are not limited to,
fluctuations in and the overall condition of the U.S. economy, stability
of costs and availability of sourcing channels, conditions affecting new
store development, the company's ability to attract, train and retain
highly-qualified associates, unanticipated weather conditions, the
impact of competition and regulatory and litigation matters. Undue
reliance should not be placed on such forward-looking statements,
as such statements speak only as of the date on which they are made.
Additional information regarding these and other risks is contained
in the company's periodic filings with the Securities and Exchange
Commission.
New Edge Interactive also may make employment information available
through this Site. New Edge Interactive is an equal opportunity employer.
New Edge Interactive provides equal employment opportunity to qualified
persons without regard to race, color, religion, sex, national origin, age,
veteran status or disability. New Edge Interactive's policy relates to
all phases of employment including recruitment, placement, promotion, training,
demotion, transfer, layoff, recall and termination, rates of pay, employee
benefits and participation in all company-sponsored employee activities.
THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN
ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE
MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF New Edge Interactive
OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR
REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY
ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT
MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS
SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND
MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS
IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME
WITHOUT NOTICE.
NO WARRANTIES; EXCLUSION OF LIABILITY
New Edge Interactive AND NEW EDGE INTERACTIVE MAKE NO REPRESENTATION
ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED.
NEW EDGE INTERACTIVE AND NEW EDGE INTERACTIVE SPECIFICALLY DISCLAIM ALL
WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. NEITHER New Edge Interactive NOR NEW EDGE
INTERACTIVE SHALL HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS
OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION
IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA
OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE
OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER THE NEW EDGE
INTERACTIVE, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR
IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE,
THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION
WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU.
Contacting Us
If you have any questions about this agreement, please call us at
1-866-813-8780, visit the Contact Us Page, or
write us at:
New Edge Interactive
717 SE 34th Ave
Ocala, FL 34471
info@newedgeinteractive.com
Although New Edge Interactive will in most circumstances be able to receive
your e-mail or other information provided through this Site (including, without
limitation, service requests and other submissions), New Edge Interactive does
not guarantee that it will receive all such e-mail or other information timely
and
accurately and shall not be legally obligated to read, act on or respond to any
such e-mail or other information. Be aware that Internet e-mail typically is
not secure.
General
This Site resides on a server in the USA. You agree that this
agreement
and your use of this Site are governed by the laws of the State of Florida,
USA.
You hereby consent to the exclusive jurisdiction and venue of the courts,
tribunals,
agencies and other dispute resolution organizations in Tampa, Florida, USA in
all
disputes (a) arising out of, relating to, or concerning this Site and/or this
agreement,
(b) in which this Site and/or this agreement is an issue or a material fact, or
(c) in
which this Site and/or this agreement is referenced in a paper filed in a
court, tribunal,
agency or other dispute resolution organization. Use of this Site is
unauthorized in any
jurisdiction that does not give full effect to all provisions of this
agreement, including
without limitation this paragraph and the warranty disclaimers and liability
exclusions
above. New Edge Interactive has endeavored to comply with all legal
requirements
known to it in creating and maintaining this Site, but makes no representation
that
materials on this Site are appropriate or available for use in any particular
jurisdiction.
Use of this Site is unauthorized in any jurisdiction where all or any portion
of this Site
may violate any legal requirements and you agree not to access this Site in any
such
jurisdiction. You are responsible for compliance with applicable laws. Any use
in contravention
of this provision or any provision of this agreement is at your own risk and,
if any part
of this agreement is invalid or unenforceable under applicable law, the invalid
or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that
most closely matches the intent of the original provision and the remainder of
the
agreement shall govern such use.
With the prior agreement of New Edge Interactive, any claim, dispute or
controversy
arising out of, relating to or concerning this Site and/or this agreement shall
be
decided by binding arbitration in accordance with the Rules of the American
Arbitration
Association and any such arbitration proceedings shall be brought and held in
Tampa,
Florida, USA. The decisions of the arbitrators shall be binding and conclusive
upon all
parties involved and judgment upon any award of the arbitrators may be entered
by any
court having competent jurisdiction. This provision shall be specifically
enforceable
in any court of competent jurisdiction.
You agree that New Edge Interactive may at any time and without notice change
the terms,
conditions and notices under which this Site is offered.
You agree that no joint venture, partnership, employment or agency relationship
exists between you and New Edge Interactive as a result of this agreement or
your use of this Site.
New Edge Interactive's performance of this agreement is subject to existing
laws and legal process and nothing contained in this agreement is in derogation
of New Edge Interactive's right to comply with law enforcement requests or
requirements relating to your use of this Site or information provided to or
gathered by New Edge Interactive with respect to such use.
This agreement, the privacy and security statement, and terms of sale
constitute the entire agreement between you and New Edge Interactive with
respect to this site. This agreement supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and New Edge Interactive with respect to this Site. No modification of this
agreement shall be effective unless it is authored by New Edge Interactive
or its affiliates, or unless it is physically signed in blue ink by a New
Edge Interactive officer. Any alleged waiver of any breach of this agreement
shall not be deemed to be a waiver of any future breach. A printed version of
this agreement and/or of any notice given by New Edge Interactive in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement or your use
of this Site to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained by New Edge
Interactive or New Edge Interactive, LLC. in printed form.
Copyright © 2007 New Edge Interactive, LLC.
All Rights Reserved. October 17, 2007.
New Edge Interactive is a trademark of New Edge Interactive, LLC.
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