Celebrating The Achievements

Terms & Conditions

Brooklands New Media LLC and www.celebratingthepresident.com

TERMS & CONDITIONS


1.These Terms and Conditions, and our related Privacy Policy, apply to the celebratingthepresident.com website. Please read them carefully, as by using this Service you agree to be bound by both documents. If you have any questions about these Terms and Conditions, please contact us via email at info@brooklandsnewmedia.com.


2. Definitions

In these Terms and Conditions, we use the following definitions: “Agreement” refers to these Terms and Conditions;
“We” or “Us” refers to our company, known as “Brooklands New Media LLC”;
“Service” refers to the services that we provide through our Site;
“Site” refers to our website, www.celebratingthepresident.com;
“Buyer” refers to anyone who purchases the book, including general visitors to our Site;
“Book” refers to any publication being sold on our Site.
“You” refers to you, the person who is entering into this Agreement with Brooklands New Media LLC.


3. Rules of Use

You must:

Be at least 18 years old in order to register or purchase as a guest using your real name.

You must not:

Purchase items from our Site for resale.
Use the Book purchased to violate the laws of the United States or any foreign political entity having jurisdiction over this Agreement.
Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
Submit any content to the Site anonymously.
Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of our Site, Service, or its Users’ computers.
Do anything else that could bring Us into disrepute or violate the rights of any person.


4. Payment and Pricing

Acceptable payment methods are presented at our checkout page. Unless otherwise stated, all prices are listed in United States dollars.


Return Information

We try to ensure the book finish, colors, text and imagery shown on the Site match the final printed book, however there may be slight variances between the Site images to the actual printed book. The return of the Book will only be accepted in the case where the Book arrives damaged to your mailing address provided; a full exchange will be issued, no refunds. All items must be returned in original condition and in their original packaging within 7 days from receipt. Call or email customer service to receive proper instructions for your return. We encourage you to insure your package.


You must retain a proof of postage for your return and a proof of confirmation of delivery. Returns not meeting our return requirements may result in the loss of replacement. Such a return also will not be sent back to you.


5. Our Right to Cancel

We reserve the right to cancel an order at any time if We believe that the customer is engaging in the reselling of Book(s). If you believe your order was canceled in error, please email us at info@brooklandsnewmedia.com or call our Customer Service team at 1-305-370-3867 with information about the intended use of your items. Our hours are Mon - Fri 8:00AM to 5:00PM ET.


Additional Terms
Additional terms surrounding payments, pricing, and refunds may be published on our Site and are hereby incorporated into this Agreement by reference.


6. If You Want to Cancel an Order

To cancel an order, please contact our Customer Support line on 1-305-370-3867. Orders may be canceled until they are being packaged for shipping or are in shipment.


7. Shipping & Sales Tax

Applicable shipping charges will be presented during the ordering process.
Pre-orders or backorders will ship as soon as the product is available. You will not be billed for any order until it has shipped.


In placing an order with Our Site and paying the amounts charged, you authorize Us to contract with logistics providers to act as your agent in the shipment and importation of your order, as part of your payment, to provide Us with funds to facilitate the payment of applicable customs duties. Transfer of title and delivery of the merchandise ordered shall be freight on board.


8. Chargebacks and PayPal Disputes

Where a User conducts a chargeback or PayPal dispute against Us, such User shall be liable to Us for the full amount of the chargeback or PayPal dispute, as well as any reasonable attorneys’ fees, collection agency fees, court costs, disbursements, and other expenses incurred by Us in the enforcement of its rights under this section.


SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


9. Our Copyright

The contents of our Site are protected by U.S. and international copyright laws. You agree not to copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on the Site without receiving our prior written permission.


10. Your Copyright

A. Although you retain your copyright in any content (including, but not limited to, reviews, photographs, videos, text, audio, and other materials) that you submit to celebratingthepresident.com, you grant us a non-exclusive, universal, perpetual, irrevocable, sub licensable, commercial and non-commercial right to use, distribute, sell, publish, and otherwise make use of that content.


B. You warrant to Us that you have the right to grant Us this right to the content. You also agree that you will indemnify Us for any loss resulting from a breach of this warranty and defend Us against claims regarding the same.


SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 10(B).


11. Trademarks

“Celebrating the President” is a trademark used by Us, celebratingthepresident.com, to uniquely identify our Site, Service, and business. Above and other trademarks, logos, other marks, and trade dress pertaining to our Site and products sold on the Site are our property or belong to their respective owners. You may not make any use of such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.


12. Revocation of Consent

We may revoke our consent to your use of our intellectual property, including our copyrights, trademarks, logos, other marks or trade dress, or any other permission granted to you under this Agreement, at any time. If we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.


13. Copyright & Trademark Infringement

We have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please provide the following information in writing and signed electronically to our Copyright Agent at info@brooklandsnewmedia.com (see 17 U.S.C. Section 512(c)(3) for further detail):

If you believe that any content or materials you posted, uploaded or submitted to the Site and that were subsequently removed from the Site, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail): 

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

14. Communications Decency Act

United States law—specifically 47 U.S.C. §230—creates a defense for us for the actions of third parties in regards to any defamatory content posted on our Site. Although we are not liable for defamatory words posted on our website by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at info@brooklandsnewmedia.com if a User has posted anything that you believe is defamatory.


15. Representations, Warranties and Limitation of Liability

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. BY USING THE SITE, YOU RELEASE US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, UNTIMELY DELIVERY, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, WE ARE LIABLE TO YOU ONLY FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.
IN NO EVENT WILL Brooklands New Media LLC, ITS DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF A PAYMENT PROCESSOR, INCLUDING PAYPAL OR THE CREDIT CARD COMPANY OR BANK THAT YOU USE TO PAY US OR FUND PAYPAL, TO DIRECT PAYMENTS TO THE CORRECT DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR FUNDS.
WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING FROM ANY TEMPORARY OR PERMANENT INABILITY TO ACCESS OUR SITE, FOR ANY REASON. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.


SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


16. Indemnity

By using this Site, you agree to indemnify and hold us harmless for any claims by you or any third party arising from or relating to this Agreement or the provision of our service to you, including any damages caused by your use of our Site or acceptance of the offers contained on it. You also agree that you have a duty to defend us against such claims and we may require you to pay reasonable attorneys’ fees for an attorney(s) of our choice, court costs, and disbursements in such cases. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


17. Applicable Laws

These Terms and Conditions shall in all respects be governed by the laws of the state of Florida, U.S., regardless of the laws that might be applicable under principles of conflicts of law. The offer and acceptance of these Terms and Conditions are deemed to have occurred in the State of Florida. You agree to personal jurisdiction by and venue in state and federal courts located in Miami-Dade County, Florida.


IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE, EXCEPT AS SET FORTH IN SECTION 25.


18. Dispute Resolution: Informal Resolution and Formal Resolution by Arbitration/Class Action Waiver

Any legal or equitable claim relating to your use of this Site, these Terms and Conditions, or the use or purchase of any Books from Us (referred to as a “Claim”) will be resolved as follows:

A. INFORMAL RESOLUTION:
In the event that any dispute between Us and You arises out of or relates to the celebratingthepresident.com Site, these Terms and Conditions, the applicability of these Terms and Conditions to the use of the Site, or the use or purchase of any products from Our Site, you and we agree to try to promptly resolve any such dispute informally. Please send a written notice describing the dispute to 1000 5th St, Suite 200, Miami Beach, FL 33139.


B. FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER: READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR
RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. If You and Us cannot resolve a Claim informally, any Claim asserted by either You or Us will be resolved only by binding Arbitration.
By agreeing to Arbitration, you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both You and Us agree to settle disputes only by Arbitration. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. The rules in Arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms and Conditions as a court would.
Special Rules in the Arbitration Proceeding. (i) The arbitrator has no authority to make errors of law and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any Federal or State court that has jurisdiction. (ii) Neither You nor Us shall be entitled to join or consolidate claims in Arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER.
A court may sever any portion of this dispute resolution provision if it finds such unenforceable, except for the prohibition on class, representative and private attorney general arbitrations.


19. Force Majeure

We are not responsible to you for events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other disease or health condition event beyond our control.


SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


20. Severability

In the event that a provision of this Agreement is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.


21. Non-Waiver

We reserve all rights under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.


22. Termination & Cancellation

We may terminate your access to our Site and Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Our liability for refunding you, if you have paid anything to us, will be limited to the amount you paid for goods or services which have not yet been and will not be delivered, except in cases where the termination or cancellation was due to your breach of this Agreement, in which case we are not required to provide any refund or other compensation whatsoever.


Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.


SEE SECTION 25 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.


23. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.


24. Amendments

We reserve the right to amend these Terms and Conditions from time to time by posting updated Terms and Conditions and/or an updated Privacy Policy on the Site. Your continued use of our Service shall constitute your acceptance of any such amendments.


25. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE 

Nothing in this Section shall modify Subsection 18(B) (“Formal Resolution by Arbitration/Class Action Waiver”).
For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms and Conditions are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

 

Brooklands New Media LLC, 1000, 5th Street,
Suite 200, Miami Beach, Florida, 33139, USA
Tel: +1 (305) 370 3867 • Fax: +1 (305) 723 7722
www.celebratingthepresident.com
info@brooklandsnewmedia.com