FlagHouse.com Website Conditions of Use
Welcome to the website of FlagHouse, Inc. and its subsidiary and affiliated companies, referred to all together in these Conditions of Use as "FlagHouse."
FlagHouse provides the FlagHouse website as a service to its customers. By visiting, using, accessing or shopping at the FlagHouse website, you agree to these Conditions of Use, which are:
All content included on the FlagHouse website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FlagHouse, Inc. or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is also the exclusive property of FlagHouse, Inc. and is protected by U.S. and international copyright laws. All software used on this site is the property of FlagHouse, Inc. or its software suppliers and protected by United States and international copyright laws. By accessing the FlagHouse website and making use of the content on the FlagHouse website, you do not acquire any interest in or rights to such content, the compilation of such content, or the software used on the FlagHouse website.
FlagHouse® is a registered trademark of FlagHouse, Inc. in the United States, Canada and other countries. Other trademarks or service marks that appear on the FlagHouse website are also registered trademarks of FlagHouse, Inc. in the United States, Canada and other countries. All other FlagHouse graphics, logos, page headers, button icons, scripts, and service names are the trademarks or trade dress of FlagHouse, Inc. FlagHouse's trademarks and trade dress may not, without the express written consent of FlagHouse, Inc., be used in connection with any product or service that is not FlagHouse's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FlagHouse. All trademarks, service marks or other intellectual property that appear on the FlagHouse website but are not owned by FlagHouse are the properties of their respective owners and are used on the FlagHouse website by permission or license. By accessing the FlagHouse website and viewing or making any other use of the content on the FlagHouse website, you do not acquire any interest in or rights to the trademarks, service marks or other intellectual property that appears on the FlagHouse website.
License and Site Access
FlagHouse grants you a limited, conditional, non-exclusive and revocable license (permission) to access and make personal use of the FlagHouse website. You are not licensed (permitted) to download (other than page caching) or modify the FlagHouse website, or any portion of it, except with the express written consent of FlagHouse. This license does not give you or anyone else the right to use the FlagHouse website for commercial purposes; to collect or use any product listing, description, or price; to make any derivative use of this site or its contents; to download or copy account information; or to use data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of FlagHouse. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FlagHouse without FlagHouse’s express written consent. You may not use any meta tags or any other "hidden text" utilizing FlagHouse's name or trademarks without the express written consent of FlagHouse. Any unauthorized use terminates the limited license granted herein by FlagHouse. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FlagHouse so long as the link does not portray FlagHouse, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FlagHouse logo or other proprietary graphic or trademark as part of the link without FlagHouse’s express written permission.
Review, Comments, Communications, and Other Content
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FlagHouse reserves the right (but not the obligation) to remove or edit any such content that, in FlagHouse’s sole discretion, it considers inappropriate.
If you do post content or submit material, and unless we indicate otherwise, you grant a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FlagHouse the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify FlagHouse for and from any and all claims that arise from or relate to any content you supply. FlagHouse has the right, but not the obligation, to monitor and edit or remove any activity or content. FlagHouse takes no responsibility and assumes no liability for any content submitted by you or any third party.
Intellectual Property Complaints
FlagHouse respects the intellectual property of others. If you believe that your work has been copied in a way that infringes your intellectual property, please notify us in writing at:
Attn: Intellectual Property Enforcement
601 FlagHouse Drive Hasbrouck Heights, N.J. 07604
FlagHouse attempts to be as accurate as possible. However, FlagHouse does not warrant that product descriptions or other content of the FlagHouse website is accurate, complete, reliable, current, or error-free. If a product offered by FlagHouse itself is not as described, you may return it as specified in the FlagHouse Guarantee, which appears on the FlagHouse website.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
THE FLAGHOUSE WEBSITE IS PROVIDED BY FLAGHOUSE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLAGHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FLAGHOUSE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE FLAGHOUSE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FLAGHOUSE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAGHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLAGHOUSE DOES NOT WARRANT THAT THE FLAGHOUSE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM FLAGHOUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FLAGHOUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION, FLAGHOUSE WILL NOT BE LIABLE FOR YOUR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE CONTENT OR SERVICES) ARISING OUT OF OR RELATING TO THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE WEBSITE, THE CONTENT, OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FLAGHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using the FlagHouse website or accessing our content, you agree to the extent permitted by applicable law to release FlagHouse from any and all claims, demands or damages, equitable relief, or any other legal, equitable or administrative remedy, of any kind or nature, whether known or unknown; suspected or unsuspected; disclosed or undisclosed; past, present, or future, arising out of or in connection with your access to or use of the content on the FlagHouse website.
By using the FlagHouse website you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and FlagHouse arising from or relating to your use of the FlagHouse website.
Any dispute arising from or relating in any way to your use of the FlagHouse website shall be submitted to confidential arbitration in New Jersey, except that, to the extent you have in any manner violated or threatened to violate FlagHouse's intellectual property rights, or may cause immediate, irreparable harm to FlagHouse, FlagHouse may seek injunctive or other appropriate relief in any state or federal court in the State of New Jersey, and you consent to the exclusive jurisdiction of such courts over such matters. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise. By agreeing to arbitration, you understand and agree that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle your disputes.
Site Policies, Modification, and Severability