The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of RECESS TIME. The collective work includes works that are licensed to RECESS TIME. Copyright 2006, RECESS TIME. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with RECESS TIME or to purchase RECESS TIME products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by RECESS TIME in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.
All trademarks, service marks and trade names of RECESS TIME used in the website (including but not limited to the RECESS TIME name, the Cup Design and the Star/Cup Design) are trademarks or registered trademarks of RECESS TIME, Inc. They may not be used without Recess Time’s prior written permission. Any other intellectual property in the website, including but not limited to patents, issued or pending, are the sole property of RECESS TIME and/or its licensors.
All orders placed through the website are subject to Recess Time’s acceptance, which is in its sole discretion. Without limitation, this means that RECESS TIME may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled, RECESS TIME shall issue a credit to your credit card account.
RECESS TIME does not, and you agree that RECESS TIME has no obligation to, review the communications, materials, information, opinions, and other content posted and/or submitted by users accessing the website (including, without limitation, in or on bulletin boards, chat rooms, community pages or other forums on this website) (collectively, “User Generated Content” ), that Recess Time is not in any manner responsible for User Generated Content, that Recess Time does not guarantee the accuracy, integrity or quality of User Generated Content, and that RECESS TIME cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the website, RECESS TIME is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Recess Time or its affiliated or related entities or content providers.
Notwithstanding the foregoing, you acknowledge and agree that RECESS TIME has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Recess Time reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content.
Any use of any content on this website, including, without limitation, User Generated Content will be at your own risk. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT RECESS TIME IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT THAT PURPORTS TO GIVE MEDICAL ADVICE OR ADVICE REGARDING EXERCISE, OR DIET. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR A PHYSICAL FITNESS PROGRAM.
You agree that RECESS TIME is free to use any comments, information, designs, ideas, or other content contained in any User Generated Content posted by you to this website, or created by you while accessing the website (including, without limitation, any designs or other materials created or submitted by you on the RECESS TIME website), or contained in any communication you may send to RECESS TIME or submit to the website without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services.
The Digital Millennium Copyright Act of 1998 (the “DMCA” ) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon RECESS TIMEactual knowledge of facts or circumstances from which infringing material or acts are evident. Recess Time’s copyright agent for notice of claims of copyright infringement can be reached as follows:
Name: Ben Kaminash & Associates
Address: 805 SW Broadway, Suite 2440, Portland, OR 97205
We suggest that you consult your legal advisor before filing a notice with Recess Time’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
RECESS TIME may, in appropriate circumstances and in its sole discretion, terminate the accounts of users who may be repeat infringers or otherwise prohibit such users from accessing the website.
You agree to indemnify, defend, and hold harmless RECESS TIME, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this website.
THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RECESS TIMEDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RECESS TIMEDOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RECESS TIMEDOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RECESS TIME DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST RECESS TIMEFOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
RECESS TIME SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, EVEN IF RECESS TIMEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your use of this website shall be governed in all respects by the laws of the state of Oregon, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Specifically, this Agreement shall be subject to Oregon Revised Statutes Chapter 72, “Sales”. Except where prohibited, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of RECESS TIME products) shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Multnomah County, Oregon. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of RECESS TIME products) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from RECESS TIME. You agree that any notice, agreement, disclosure or other communication that RECESS TIME sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Recess Time’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RECESS TIME may assign its rights and duties under this Agreement to any party at any time without notice to you.
These terms and conditions are applicable to you upon your accessing the website. RECESS TIME reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by RECESS TIME without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.