Classic Iterations Terms of Use
Updated Date: April 05, 2021
Acceptance of Terms.
These Terms of Use (the “Terms of Use”) apply to the website located at https://www.classiciterations.com/ and/or its mobile applications. The site is maintained by or on behalf of Classic Iterations. Your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use.
Classic Iterations reserves the right to modify these Terms of Use at any time by posting revised Terms of Use on the Site without prior notice. Continued use of this site following any such modification shall signify unconditional acceptance of the Terms of Use, as modified.
Classic Iterations Proprietary Rights
All trademarks, trade dress, patents, copyrights and other intellectual property rights and materials, including images, text, illustrations, logos, designs, photographs, names, trade names, icons, programs, software and other materials that are part of this Site (collectively the “Content”), including but not limited to the arrangement, compilation, design and structure of such Content is subject to and protected by trademark, copyright and patent laws and is owned, controlled, licensed or, where required, used with permission by Classic Iterations.
The Company and its suppliers and licensors expressly reserve all intellectual property rights in all content, products, processes, technology and other materials that appear on the Site. Access to the Site does not confer upon anyone any license under any Classic Iterations and third party’s intellectual property rights, except to the extent required to access and make personal use of the Site.
Certain trademarks, trade names and logos used or displayed on the Site are registered and unregistered trademarks or trade names of Classic Iterations or of its affiliates. Other trademarks, trade names and logos are registered and unregistered trademarks and trade name of their respective owners. No trademark or trade name license is granted in connection with the material contained on the Site.
You may download copy and print selected portions of the Content and other downloadable materials displayed on this Site for your personal, non-commercial use only, and provided that you maintain all copyright and other notices contained on the Site or in the Content. Except as noted above, you are not authorized to use, reproduce, print, store, re-edit, change, download, sell or otherwise copy the Content or any other element of the Site, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or any format whatsoever. Be advised that Classic Iterations will fully enforce its intellectual property rights.
Third Party Materials; Links
In an attempt to provide increased value to our visitors, Classic Iterations may link to sites operated by third parties. However, even if the third party is affiliated with Classic Iterations., Classic Iterations has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Classic Iterations. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Classic Iterations seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE CLASIC ITERATIONS ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY: AND (B) CLASSIC ITERATIONS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE CLASSIC ITERATIONS ONLINE PROPERTIES AND ANY PRODUCTS AND THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. THE PRODUCTS ARE NOT DESIGNED FOR COMMERCIAL USE (SUCH AS USE IN HOTELS, RESTAURANTS OR ANY OTHER PLACE WHERE THE PUBLIC MAY USE A PRODUCT OUTSIDE OF A PRIVATE RESIDENTIAL SETTING), AND, WITHOUT LIMITING ANY OTHER DISCLAIMER HEREIN, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES ARISING FROM SUCH COMMERCIAL USE. THIS SECTION 3 DOES NOT AFFECT ANY EXPRESS WARRANTIES THAT WE MAY PROVIDE DIRECTLY TO YOU IN WRITING WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE CLASSIC ITERATIONS PROPERTIES.
ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CLASSIC ITERATIONS AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES").
While we try to maintain the timeliness, integrity and security of the Classic Iterations Online Properties, we do not guarantee that the Classic Iterations Online Properties are or will remain updated, complete, correct or secure, or that access to the Classic Iterations Online Properties will be uninterrupted. The Classic Iterations Online Properties may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Classic Iterations Online Properties
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: CLASSIC ITERATIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION TRANSMITTED VIA THE CLASSIC ITERATIONS ONLINE PROPERTIES (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF SUCH INFORMATION), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) CLASSIC ITERATIONS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE CLASSIC ITERATIONS ONLINE PROPERTIES OR FROM ANY PRODUCTS OR THIRD PARTY MATERIALS: (B) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE CLASSIC ITERATIONS ONLINE PROPERTIES OR ANY PRODUCTS OR THIRD PARTY MATERIALS IS TO STOP USING THE CLASSIC ITERATIONS ONLINE PROPERTIES: AND (C) THE MAXIMUM AGGREGATE LIABILITY OF CLASSIC ITERATIONS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF: (1) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CLASSIC ITERATIONS TO USE THE CLASSIC ITERATIONS ONLINE PROPERTIES; AND (2) TEN U.S. DOLLARS ($10).
ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH CLASSIC ITERATIONS AND THE AFFILIATED ENTITIES.
Applicable law in states other than New Jersey may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Indemnity
To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Classic Iterations and the Affiliated Entities from and against all claims, losses, costs and expenses (including attorneys' fees) arising out of (a) your use of, or activities in connection with, any of the Classic Iterations Online Properties; and (b) any violation or alleged violation of this Agreement by you
Termination
This Agreement is effective until terminated. Classic Iterations may terminate or suspend your use of any or all of the Classic Iterations Online Properties at any time and without prior notice, including if Classic Iterations believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Classic Iterations Online Properties will immediately cease, and Classic Iterations may, without liability to you or any third party, immediately deactivate or delete your user name, password and account(s), and all associated materials, without any obligation to provide any further access to such materials. Section 2 shall survive any expiration or termination of this Agreement.
Governing Law
The use of this Site and all related matters are governed solely by the laws of the state of Colorado and applicable federals laws of the United States of America.
Any dispute between you and the Classic Iterations or you and any other person arising from, connected with or relating to this Site, these Terms of Use or any related matters must be resolved before the Courts of Colorado and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Miscellaneous
The non-enforcement of any provision hereof does not constitute a waiver of any right to enforce that provision in the future. These Terms of Use shall inure to the benefit of and be binding upon yourself, Classic Iterations and your respective successors and assigns.
If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you and we ask you not to use the Site.
Except as otherwise expressly provided in these Terms of Use, there should be no third-party beneficiary to these Terms of Use.
You may not assign the Terms of Use, in whole or in part, without the prior written consent of Classic Iterations, which may be withheld at Classic Iterations’ sole discretion. Classic Iterations may assign the Terms of Use, in whole or in part, to any third-party in its sole discretion.
These Terms of Use constitute the entire agreement between you and Classic Iterations with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals between the parties with respect to such subject matter.