More Legal Mumbo Jumbo

Oh brother! For the love of all that is holy, I can't believe you actually came to this page. You must be bored or looking for a fast way to fall asleep. Well, here's some more fancy legal jargon for ya. Enjoy! I'm just trying to avoid a legal kerfuffle. My lawyers said I had to put this here.

Terms & Conditions

Definitions

For the purposes of this Terms & Conditions:

Company (referred to as either "The Name Guy™", "the Company", "We", "Us" or "Our" in this Agreement) refers to The Name Guy LLC.


Acknowledgement

These are the Terms and Conditions governing the use of this website and the agreement that operates between You and the The Name Guy™. These Terms and Conditions set out the rights and obligations of all users regarding the use of this website.

Your access to and use of the website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the website.

By accessing or using the website, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the website.

You represent that you are over the age of 18. The Name Guy™ does not permit those under 18 to use the website.

Your access to and use of the website is also conditioned on Your acceptance of and compliance with the Privacy Policy of The Name Guy™. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

The Name Guy™, in its sole and absolute discretion, may change these Terms & Conditions from time to time. The Name Guy™ will post a copy of these Terms & Conditions as changed on the Site at https://www.TheNameGuy.com/terms. Your continued use of the Site constitutes your agreement to abide by these Terms & Conditions as changed. If you object to any such changes, your sole recourse shall be to cease using the Site.


2. Ownership

The content on the Site, including, without limitation, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “The Name Guy™ Content”), and The Name Guy™ word marks and design marks, as well as certain other of the names, logos and materials displayed on the Site that constitute trademarks (collectively, “Marks”), are owned by or licensed to The Name Guy™ and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.


3. Privacy Policy

You agree that The Name Guy™ may use any information obtained about you in accordance with the provisions of The Name Guy™ Privacy Policy at https://www.TheNameGuy.com/privacy.


4. Fraud

The Name Guy™ reserves the right, but undertakes no obligation, to actively report and prosecute actual and suspected wire and/or credit card fraud. The Name Guy™ may, in its discretion, require further authorization from you such as a telephone confirmation of your order and other information. The Name Guy™ reserves the right to cancel, any order if fraud is suspected. The Name Guy™ captures certain information during the order process, including time, date, IP address and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, The Name Guy™ reserves the right, but undertakes no obligation, to submit all records, with or without a subpoena, to all law enforcement agencies and to the bank or credit card company for fraud investigation. The Name Guy™ reserves the right to cooperate with authorities to prosecute offenders to the fullest extent of the law.


5. Links To Other Websites

The Site may contain links to third party Websites or Internet resources that are not owned or controlled by The Name Guy™. The provision of a link to any other Website or Internet resource is for your convenience only and does not signify endorsement from The Name Guy™ of such other Website or resource or its contents. THE NAME GUY™ SHALL NOT BE RESPONSIBLE FOR THE AVAILABILITY OF ANY THIRD PARTY WEBSITES OR RESOURCES, AND BASIC DOES NOT WARRANT, ENDORSE GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY SUCH THIRD PARTY WEBSITES OR RESOURCES, INCLUDING, WITHOUT LIMITATION, ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THROUGH ANY LINKED WEBSITES OR FEATURED IN ANY ADVERTISING.


6. Disclaimer

YOU EXPRESSLY AGREE THAT USE OF THE site IS AT YOUR SOLE RISK. THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, The Name Guy™ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, ACCURACY AND NON-INFRINGEMENT), WITH RESPECT TO THE site. without limiting the foregoing and TO THE MAXIMUM EXTENT PERMITTED by LAW, The Name Guy™ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

  1. ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE;
  2. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY;

AND FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE.


7. Limitation Of Liability

IN NO EVENT WILL THE NAME GUY™ BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IT WAS ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).


8. Exclusions And Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Basic may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of The Name Guy's liability shall be the minimum permitted under such applicable law


9. Indemnity

You agree to indemnify, defend, and hold harmless The Name Guy™ and its affiliates and any of their officers, employees, directors, shareholders, agents, partners, licensors, successors and assigns ("The Name Guy Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and costs) that such parties may incur as a result of or arising from (a) any information you provide to The Name Guy™; (b) your use of the Site; or (c) your violation of these Terms of Use. The Name Guy™ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with The Name Guy™ in asserting any available defenses.


10. Force Majeure

Without limiting the foregoing, under no circumstances will The Name Guy™ be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.


11. Termination

The Name Guy™ may terminate or suspend access to the Site immediately, without prior notice or liability, if you breach any provision of these Terms & Conditions. In the event of any such termination, the indemnification provisions set forth above shall survive.


12. Arbitration

You and The Name Guy™ agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and The Name Guy™ hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and The Name Guy™ relating to the Site or these Terms & Conditions (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator in the State of Delaware. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

You may not act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or The Name Guy’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE NAME GUY™ WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.


13. General Provisions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws rules or provisions. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. The failure of The Name Guy™ to enforce any right or provision of these Terms & Conditions will not be deemed a waiver of such right or provision. These Terms & Conditions, The Name Guy™ Privacy Policy at https://www.TheNameGuy.com/privacy together with and any other policies, rules or guidelines posted in connection with the Site, constitute the entire and exclusive agreement between The Name Guy™ and you regarding the Site.

Last Updated: April 1, 2020

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