Last Updated: January 7, 2023

Avoidance of Site Entry. If you do not want to enter this Site and subject yourself to these Terms of Use by so entering, but require some other form of assistance regarding this Site, you can contact us at:  Name Brands, Inc.,  PO Box 30, Daytona Beach, FL 32115-0030.

Who We are.

We are Name Brands, Inc, PO Box 30, Daytona Beach, FL 32115-0030, including all of our applicable affiliates, subsidiaries and brands (sometimes “we,” “us,” “our,” “NBI,” or “ATB” herein).

Sites.

This Site is operated by NBI.  “Site” and “Sites” includes this Site, blogs, forums, affiliated domains, apps, services that link to this Site through any related mobile application, computerized devices in stores and in-store data collection forms, and all of our various social media locations including without limitation Facebook®, Instagram®, Pinterest®, Rumble®, TruthSocial®, Twitter®, YouTube®, and the like. 

Applicability of Terms To You.

We provide you with access to and use of the Sites  subject to your agreement to and compliance with these Terms.  By using the Sites, you agree the Terms govern your use of the Sites and to be bound by all the terms and conditions contained in these Terms of Use (“Terms of Use” or “Terms”) including without limitation any and all rules, program terms, guidelines, indications, and directions found throughout the Sites.   These Terms apply to all users of the Site, including users who view material, buy products, and/or register for accounts or programs on the Sites.  Persons may also agree to these terms outside the Sites in separate writings for various purposes which incorporate them by reference.  We reserve the right, in our sole discretion, to terminate or restrict your access to the Sites, refuse service, or cancel orders. 

Site Rating G. We work to keep this Site rated G.  General audience. Good. Great.

PLEASE READ THESE TERMS CAREFULLY BECAUSE BY ACCESSING THE SITES AND/OR CREATING AN ACCOUNT WITH US, YOU ARE CONSENTING TO THESE TERMS.   IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.

PLEASE NOTE THAT THESE TERMS ARE SUBJECT TO AN ARBITRATION PROVISION, REQUIRING - EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW - YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST THE COMPANY ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, IF ANY, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

CHILDREN, MINORS (i.e, those under the age of majority)

If you are under the age of 13, do not use this Site.

While grossly errant governments and institutions presently allow all sorts of crazy and creepy things to be done mentally and physically to America’s children, we believe that if a child finds our Sites, it is important to protect their privacy.  A child’s sanctity and privacy is between their and their parents or guardians,  not others, including governments or institutions.  

The Site may include features or material that may be appealing to minors but does not knowingly seek to attract minors. We endeavor to keep our Sites rated G, but it possible that occasionally they may have material and features some believe to be unsuitable for minors and which are not necessarily monitored.

We do not sell products for purchase by children; we sell children's products for purchase by adults. If you are under 18, you may use our Sites only with the involvement of a parent or guardian.  In cases where a parent or guardian has authorized a minor to use our Sites,  they recognize that they are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. They acknowledge that we have has no obligation to monitor the content accessible on or through the Sites.

No European Union Or Activity Outside the U.S..   We and our Sites do not offer goods and services to people in the EU, and we do not monitor their online behavior.  While we like our friends in the EU and rest of the world, the laws enacted by their many rulers are too many and too complex, and the penalties too draconian, to incur the risk.  It is hard enough keeping up with all the laws enacted by our own.  We and our Sites operate and offer goods and services, and monitor online behavior, and only within the U.S., its territories, and possessions.   The Website is hosted and operated in the United States and all matters relating to this Website are governed by the laws of the United States. If you are located outside of the United States and you contact us, please be advised that United States’ law may not offer the same privacy protections as the laws of your jurisdiction and any information you provide to us will be transferred to the United States. By submitting information to us you explicitly authorize this transfer and the processing of this information within the United States.

Changes to Terms. Although you may "bookmark" a particular portion of this Site and thereby bypass these Terms, your use of this Site still binds you to these Terms.  Each time you use the Site you will be subject to the Terms of Use posted at that time.   We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. In some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Sites or sending you an email notification), but this our option and not a duty or representation.  We encourage you to review the Terms whenever you interact with us to stay informed about our personal information practices and the choices available to you.

Consideration. You acknowledge your acceptance of and agreement to these Terms is supported by reasonable and valuable consideration, receipt and adequacy of which is hereby acknowledged.  Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your act of using of the Site and receipt of data, materials and information available at or through the Site, viewing the contents thereof, which you can voluntary elect not to do by simply not choosing to do so. 

Privacy.  Per the Privacy Policy posted on this site.  Notwithstanding anything else to the contrary contained in these Terms of Use,  our use of any personally identifiable information you provide via the Site is governed by our Privacy Policy.

Registration. You do not have to register to view the Site. You may visit the Site, read articles and other materials, browse merchandise, post comments and product reviews, and check on offerings without registering for a user account. You can also contact us about a particular video, picture, audio file or other posting without having an account. However, you may have to register for an account in order to access the full features of the Site, including but not limited to the ability to purchase products through the Site. To register, you must create a user account, which requires you to provide your e-mail address and select a password. When creating a user account, you must provide accurate, complete and updated registration information. You are solely responsible for the activity that occurs on your account, and it of course is your responsibility to keep your account password secure. You must notify NBI immediately of any breach of security or unauthorized use of your account. NBI will not be liable for any losses caused by any unauthorized use of your account. NBI reserves the right to refuse registration or terminate a user account at any time in its sole discretion. You may also terminate or discontinue your own account at any time, with information and our rights maintained.

Disclaimer of Site Warranty. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW WE MAKE NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, THIRD-PARTY CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; OR THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR LINKS HEREIN OR YOUR DOWNLOADING OF ANY MATERIALS, INCLUDING, BUT NOT LIMITED TO, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE OF LINKED SITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT WILL NBI, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO NBI THROUGH THE SITE; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR JURISDICTIONS 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, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Trademark Acknowledgment. You acknowledge and agree as a matter of contract and of law that "AMERICA THE BEAUTIFUL," "AMERICA IS BEAUTIFUL" “AND “POSITIVELY AMERICAN” are in all fonts and colors trademarks of D-Generation, Inc., the third party owner of such trademarks, in all classes of goods and services, in the United States and other countries with only class 14 as to coins and  class 16 partially as to stamps and philatelic goods, being excepted in America.  All rights in such names are hereby reserved. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark owned or controlled by us or any third party.

Goodwill. You acknowledge the value of goodwill associated with the marks listed herein and appearing on the Site, and agree that we or D-Generation, respectively as appropriate, are the sole owner(s) of such goodwill. Any goodwill generated as a result of use of the marks by you will inure to the benefit of our and D-Generation’s benefit, respectively.

Intellectual Property Rights. The trademarks, logos, and service marks, including without limitation the trademarks "AMERICA THE BEAUTIFUL," "AMERICA IS BEAUTIFUL" and “POSITIVELY AMERICAN” are in all fonts and colors (collectively the "trademarks") displayed on the Site, are registered and unregistered trademarks of D-Generation, Inc. and others, licensed for use by NBI. The goods and services depicted, discussed, and offered on the Site are all registered, pending registration, or protected by state and federal common law covering intellectual property rights. Nothing contained on the Site should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site without the prior written permission of D-Generation, Inc., the third party owner of such trademarks. Your misuse of the trademarks, or any content on the Site, except as provided in these Terms of Use, is strictly prohibited. We will enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Proprietary Product; Non-Competition. As a matter of contract, in fundamental consideration for the opportunity to view and evaluate the information presented in the Site, you agree that you will not use in competition with us, or for direct or indirect gain for yourself or another, in any way, manner, shape or form whatsoever: product concepts; alternative designs of the goods, services, logos, tradenames, artwork, slogans, and monikers depicted on this Site; logos; trade dress; product themes; product genres; product information; tradenames; designs or ideas that are derived from the product or logo, or tradename concept; tradenames and slogans similar or confusingly similar to those depicted on this Site; or anything derived or adapted the goods, services, slogans, logos, and services depicted in this Site. All goods, services, slogans, logos, and monikers displayed on this Site are US Trademark and protected by common law. We will enforce our trademark, copyright, and intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Copyright. You should assume that everything you see or read on the Site is copyright,  protected by common law intellectual property rights, or and may not be used except as provided in these Terms of Use without our prior written permission. We will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. All information, text, images, photographs, graphics, videos, music, user interface and other content and materials contained on the Site are the copyrighted property of us or our third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright from us or any third party. The Site and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without our express written consent or our lawful successors and assigns.

Off-Site Links. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD-PARTY OR CO-BRANDED WEBSITE, ANY MERCHANT OR OPERATOR OF A THIRD-PARTY OR CO-BRANDED WEBSITE, OR ANY OTHER PERSON WITH WHOM YOU ENGAGE IN ANY TRANSACTION.  We have not reviewed any websites which may from time to time link to the Site and are not responsible for the contents of any off-site pages or any other websites linked to the Site. Your linking to any such other off-site pages or other websites is at your own risk, and subject to the disclaimer of Site warranty provisions of these Site Terms of Use.  We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site. We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.  You hereby irrevocably waive any claim against us with respect to information, content and materials contained on any third-party or co-branded Site, and any information, content and materials you provide to such third-party or co-branded Site (including, without limitation, credit card and other personal information). You are solely responsible for determining the extent to which you use any content at any third-party or co-branded Site to which you might link from our Site. We therefore strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. We provide such links for your reference and convenience only. A link from the Site to a third-party or co-branded Site does not mean or imply that we endorse the content on that third-party or co-branded Site or the operator or operations of that third-party or co-branded Site. We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on any third-party or co-branded Site. We do not endorse any of the merchandise, nor can we ensure that you will be satisfied with any products or services that you purchase from a third-party or co-branded Site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third-party.

Your Responsibility. You assume all responsibility for your use of the Site. You waive all claims against NBI, its officers, directors, employees, suppliers and software programmers that may arise from the utilization of the Site.

Accuracy of Information. While reasonable efforts are made to present accurate information on the Site, neither NBI, nor its information contributors can be held responsible by you for the accuracy of the information. NBI makes no express or implied warranty as to the accuracy or merchantability of content or programming. We assume no liability or responsibility for any errors or omissions in the content on the Site.

Legal Use. You agree to comply with all applicable laws in connection with your use of the Site, and such further limitations as may be set forth in any written or on-screen notice from NBI. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. All information that you provide in connection with any interaction with the Site or any co-branded Site must be accurate, complete, and current. By using the Site, you agree not to violate or attempt to violate the security of the Site, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mailbombing," or "crashing" the Site; sending unsolicited e-mail, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

License and Site Access. NBI grants you a limited, revocable and nonexclusive license to access and make personal use of the Site but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NBI. This license does not include: any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools. Neither the Site nor any portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NBI. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of NBI and its affiliates, licensors or licensees without express written consent of NBI. You may not use meta-tags or any other hidden text using NBI's name or trademarks without the express written consent of NBI. Any unauthorized use will immediately terminate the permission or license granted by NBI. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NBI so long as the link does not portray NBI or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by NBI in its sole discretion. You may not use any NBI logo or other proprietary graphic or trademark as part of the link without express written permission of NBI. You may not make any other part of the Site, other than the home page of the Site, available as part of another service by "deep linking," or otherwise, without prior written permission from NBI. We may discontinue, change, suspend, or cancel the contents, operation, or features of the Sites at any time for any reason, without notice.

Your Responsibilities.  You are personally responsible for your use of the Sites and any use made via your account.  By using the Sites, you agree to respect the property rights of others and not to violate or attempt to violate the security of the Sites, including without limitation:

  • Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language.
  • Impersonation of others, including an NBI or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited.
  • Uploading, distributing, or otherwise publishing through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
  • Undertaking any action that imposes an unreasonable or disproportionately large load on our Site infrastructure, or harms our Site in any way.
  • Uploading commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • Sending unsolicited or unauthorized email, text, or other solicitation;
  • Accessing data not intended for you or logging on to a server or account that you are not authorized to access;
  • Interfering with, limiting, destroying, or disrupting the Sites, services connected to the Sites, or otherwise interfering with the technological operations or services of the Sites;
  • Violating, infringing or misappropriating other people’s intellectual property, privacy, publicity or other legal rights;
  • Sharing or posting a comment or information that is false, misleading, harmful to reputation, abusive, harassing, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable, as determined by us in our sole discretion;
  • Spidering or harvesting or otherwise automatically collecting any information or data from the Sites;
  • Attempting to scrape or crawl any pages on the Sites;
  • Copying, deciphering, disassembling, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to extract any of the software or other underlying code used to provide the Sites;
  • Violating any law, regulation or order;
  • Attempting to interfere or interfering with the operation of the Sites, our provision of services to any other visitors to the Sites and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” a Site.
  • Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site; or
  • Advocating, encouraging, or assisting anyone in doing any of the above.

USER CONTENT AND MATERIAL

Subject to the licenses granted to us in these Terms, you retain ownership of any copyright and other rights you may have in User Content you submit or post.

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, information, terms of art, slogans, concepts, sayings, know-how, or techniques questions, data or other content that you (i) submit or post on the Sites, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with tags or hashtags relating to us, our Sites or brands (collectively “User Content”), shall be deemed nonconfidential and nonproprietary.

In exchange for the use of our Site platforms, by submitting or posting any User Content, you grant to NBI (and its affiliates, licensees, distributors, agents, representatives and other authorized users) a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, including but not limited to developing, manufacturing, and marketing goods and services using such information or extrapolating it therefrom, without liability or compensation, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you.

Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. You acknowledge ad agree that the pleasure of engaging in your activity on our Site platforms, the use of our audience for the presentation of your User Content, the hope of others seeing and experiencing your User Content, is full and sufficient consideration.

NBI will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate, be based on or derived from, or otherwise rely upon such information. 

Do not send us any User Content that you do not wish to be subject to these Terms, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

NBI has no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content.  

NBI retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.

By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon our request, you will furnish us with any documentation, substantiation or releases necessary to verify your compliance with these Terms.

You agree to sign and deliver documents and take any other actions reasonably requested by us to effectuate, perfect or evidence the license and rights granted in these Terms.

You acknowledge that, with respect to any claim relating to or arising out of our actual or alleged exploitation or use of any User Content, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any.

You are solely responsible for the User Content and you hereby agree to indemnify and hold NBI (and its affiliates, licensees, officers, directors, employees, distributors, agents, representatives and other authorized users) and its e harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.

NBI cannot and does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else.  By submitting or posting the User Content you fully and unconditionally release and forever discharge NBI (and its affiliates, licensees, officers, directors, employees, distributors, agents, representatives and other authorized users) from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by NBI or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity.  

You acknowledge and agree that NBI has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. NBI acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If NBI becomes aware of any User Content that allegedly may not conform to these Terms, NBI may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. NBI has no liability or responsibility to Users for performance or nonperformance of such activities.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these Terms.

You agree that any User Content you submit or post is not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Content exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Should you wish to remove any User Content inform us at Name Brands, Inc., PO Box 30, Daytona Beach, FL 32115-0030, or by using the Contact Us form.  NBI has the absolute right to remove and/or delete without notice any User Content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against NBI for such removal and/or deletion.

NBI is not responsible storing posted User Content or other materials you transmit through the site, or liable to you for not doing so.   It is solely your responsibility to take timely measures to preserve copies of any User Content data, material, content or information you post on the Site or any other Sites or platforms.

Indemnity. You agree to indemnify and hold NBI, its licensors, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand at law or in equity, including without limitation, any and all actual and consequential damages, lost profits, bodily injury, death, property damage, including reasonable attorneys' fees, made by any third party due to or arising out of your use of this Site or breach of these Terms of Use. You will use all reasonable efforts to cooperate with NBI in the defense of any claim. NBI reserves the optional right, in its sole discretion and at its own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

Product Information. NBI attempts in good faith to be accurate when describing its products and services on the Site.  

  • We do not warrant that product and service descriptions or other content on Sites are complete, reliable, current, or error-free.
  • We cannot and do not warrant the accuracy of customer product ratings, comments or feedback.
  • While we have made every effort to display products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the internet technology and equipment of myriad unrelated intermediate ISPs and the user, and we cannot guarantee that the your device will accurately portray the actual attributes of the products. 
  • The prices displayed at the Site are quoted in U.S. Dollars.
  • Products displayed may be out of stock or discontinued, and prices are subject to change.
  • We are not responsible for typographical errors regarding price or any other product matter. In the event a product is listed at an incorrect price due to typographical error or systems error, we have the right to refuse or cancel any orders placed for product listed at the incorrect price.
  • We have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we have the right to issue a credit to your credit card account in the amount of the incorrect price.

Inaccuracy Disclaimer. From time to time there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after you have submitted an order.

Termination or Restriction of Access. NBI may in its sole judgment terminate or restrict your access to all or any part of the Site at any time, with or without cause, with or without notice, and without recourse, effective immediately.  You may also terminate your use of the Site at any time, provided that all of the provisions of these Terms, including, without limitation, ownership provisions, warranty disclaimers and indemnity limitations, shall survive any such termination.

DMCA Notice.  You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any person. It is our policy not to permit materials known by us to be infringing to remain on the Site. You should notify us promptly if you believe any materials on the Site, including advertisements, or materials available on or through links, frames, indexes and directories linked to this Site, infringe a copyright. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), NBI will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Our designated agent may be contacted at the following address regarding any copyright infringement notices: Name Brands, Inc., Copyright/DMCA Agent, PO Box 30, Daytona Beach, FL 32115-0030.

It is often difficult to determine if  intellectual property rights have been violated. Misrepresentations of infringement can result in liability for monetary damages.   We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the complainant’s content as well as that of the alleged infringer pending resolution of the matter.

We may give you notice that we have removed or disabled access to certain content or material.

Risk of Loss. All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, NBI.  Title to products purchased on the Site, as well as the risk of loss for such products, passes to you when NBI delivers these items to the common carrier.

Legal Notices. Any legal notices other than service of process shall be given by pre-paid certified or registered mail, signature required, to: Name Brands, Inc, Attn: Legal Department, PO Box 30, Daytona Beach, Fl, 3211-03030.

Limits On Purchases.  In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase our merchandise, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our merchandise. We also may, among other things, restrict orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed in violation of this policy. We further reserve the right to cease doing business with customers who violate this policy. We may modify this policy at any time without prior notice. This policy applies to all purchases of our merchandise, including, but not limited to, all purchases made at retail stores selling our product, sample sales, warehouse sales and through catalogs and Sites.

Arbitration of Disputes. PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT ANY SITE USE DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT. YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT SUCH AS THAT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, NOR WILL YOU BE ABLE TO BRING A CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. YOU WILL NOT BE ABLE TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, OR BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN THE ABSENCE OF THIS ARBITRATION AGREEMENTS, YOU AND WE MAY OTHERWISE HAVE HAD A RIGHT OR OPPORTUNITY TO BRING CLAIMS IN A COURT, BEFORE A JUDGE OR JURY, AND/OR TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS). OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL THE DECISION MAY BE MORE LIMITED EXCEPT AS OTHERWISE PROVIDED BELOW. ALL THOSE RIGHTS ARE WAIVED.

Any site use dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in  Hillsborough County, Florida, United States of America.  The only exception is that to the extent you have in any manner violated or challenged, or threatened to violate or challenge, our intellectual property rights, such is not subject to arbitration and we may seek injunctive or other appropriate relief in state or federal court in Hillsborough County, Florida, United States of America, and you consent to exclusive jurisdiction and venue in such courts. 

Procedural Prerequisite. A party who intends to seek arbitration must first try in good faith to resolve the dispute by providing to the other party a written notice (“notice”) describing the facts and circumstances of the dispute and the specific relief sought, and including any supporting documentation. The notice must be mailed via certified or registered mail, signature required, to: Name Brands, Inc, Attn: Legal Department, PO Box 30, Daytona Beach, Fl, 3211-03030, or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within thirty (30) days after the notice is received, either party may commence arbitration.

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 arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.

You and NBI agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. You further agree that in any action you initiate, any relief you seek will be confined to relief on your own behalf. This section will survive after the terms of use terminate or your use of the Site ends.

Any site use controversy not settled between us including without limitation those arising out of or relating to this Site, these Terms of Use, goods and services presented herein, subsequent agreements into which we may enter via this site or by other means, shall be determined by binding arbitration conducted in Florida in accordance with the Florida Uniform Arbitration Act as amended. These matters shall without limitation include: formation of our agreement under these Terms of Use; failure or refusal to perform the agreement in whole or part; all rights, claims, damages, demands, actions, causes of action, in law, equity, tort, or contract; issues regarding the scope of or waivers of the arbitration agreement; matters arising during or after your Site visit; all addenda, purchase orders, subsequent agreements, modifications, or dealings arising out of or related to the aforesaid; inability of the parties to agree as to the effect or interpretation of any term or provision of the Site, these Terms of Use, or the goods and services contained herein; issues concerning the, meaning, intention, interpretation, performance or enforcement or validity of the terms of these Terms of Use.  These matters expressly exclude any challenge to the intellectual property used by us.

This binding arbitration provision applies to any and all claims as aforesaid that you have against NBI, our subsidiaries, affiliates, licensees, licensors, successors, assigns, and against all of their respective employees, agents, or assigns, or that we have against you; it also includes any and all Claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part.

The arbitrator shall have at least five (5) years experience in the relevant subject area.    The arbitrator may determine the question(s) presented and render a final award. Any action taken, determination made, and award granted by the arbitrator will be binding on the parties and confirmable and enforceable by a court of law. The loser of the Arbitration as decided by the arbitrator shall pay all costs, but not attorney's fees, and NBI may require these costs to be posted in advance to assure payment. Each party shall bear their own attorney's fees and costs. The decision and any award will be made in writing within fifteen (15) days from the date of the arbitration hearing. An assignee, successor in interest, or economic beneficiary of these Terms of Use shall also be bound by this arbitration provision, and in the event of lack of a signature confirming assent, the act of acceptance of the benefit of the contract or other act of performance of the contract shall constitute such assent. The arbitration shall be limited. No discovery shall be allowed or depositions taken. All arbitrations shall be limited to a single brief no longer then ten (10) pages in length with half-inch margins and using 12 point Arial font. All assumptions must be taken in favor of NBI, or D-Generation, respectively. The decision and award must be based on the Terms. The arbiter will not have any power to act as amicable compositeur or ex aequo et bono, or to award special, indirect, consequential or punitive damages.

Issues about the scope of the arbitration agreement or about waivers of the arbitration agreement shall be resolved in favor of arbitration. Disputes over the construction, meaning, scope or applicability of the arbitration clause, the obligation to arbitrate, whether a party agreed to arbitrate, the jurisdiction of the arbitrators, or whether a significant relationship exists between a claim or tort claim and the agreement containing this arbitration clause, will be resolved by this arbitration.

Any defenses raised to arbitration under contract law such as and including without limitation fraud, duress, illegality, waiver, unconscionability, will be resolved by this arbitration.  Any ambiguous provisions dealing with arbitration shall be construed in favor of arbitrating disputes arising out of this contract or its performance. These Terms, the Site, and any ambiguity herein or therein shall be interpreted in favor of NBI  respectively. A hearing shall only be allowed if required by the arbitrator.

This arbitration agreement will survive: (i) termination or changes in these Terms, and the relationship between you and us concerning these Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf. If any portion of this arbitration agreement is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Governing Law and Venue. This Site is established in the State of Florida in the United States of America. Through this Site you are interacting with us in Florida. Our Site and the servers that make the Site available worldwide are located in the United States. The Internet laws in the United States govern all matters relating to the Website. Any information you provide in subscribing to our Site or registering or ordering at our Site will be transferred to the United States. By visiting our Site and submitting information, you authorize this transfer, processing and use. You agree that all claims, causes or action at law or equity arising out of this Site or the goods and services and information contained herein, your interaction with us, your claims arising out of goods and services depicted or sold on this Site, and all questions concerning the meaning, intention, interpretation, performance or enforcement or validity of the terms of this Site or these Terms of Use, without regard to principles of conflicts of law and as if these Terms were a contract wholly entered into and wholly performed within the State of Florida, shall be judged and resolved in accordance with the laws of the State of Florida in the United States of America and venue for all such matters shall be in the state court in Hillsborough County, Florida.  No action or proceeding may be brought in any other jurisdiction.  

Language of Construction. This Site is written in American English, and American English shall be the language employed to construe this Site and these Terms of Use and resolve any conflict or unclarity herein.

Headings. The headings above the various provisions herein are to make it easier to locate the subject matter covered by various provisions, and are not to be used in ascertaining or construing the intent of the Terms of Use or the substantive content of a paragraph.

Discontinuance; Modification. We may discontinue this Site at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of this Site at any time for any reason, without notice.

Third party. D-Generation, Inc., the owner of the trademarks listed herein, is a third party beneficiary of these Terms and not a party hereto.  You acknowledge and agree its has no privity with you and cannot be made part of or joined in any dispute, arbitration or other proceeding.

Lack of Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or use of the Site. Nothing contained herein is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver. Our failure to enforce any provision of these Terms or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.

Illegality. If any provision in these Terms is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

Reservation of Rights. All rights not expressly granted herein are hereby reserved to us.

Invalid, Unenforceable, or Illegal Provisions. Should any provision of these Terms of Use be, become, or be declared invalid, unenforceable, or illegal, the remaining provisions shall be and continue in full force and effect, and the invalid, unenforceable or illegal provision shall be construed to the maximum extent possible to effectuate its intent and the intent of the rest of the Terms of Use.

Modification. No person, employee, agent, sales representative, distributor, or retail merchant has the authority to verbally or in writing modify, waive or alter these Terms of Use. No change or modification of these Terms of Use shall be valid unless the same is herein posted on this website, or is set forth in a separate written paper document signed by an officer of NBI then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org). No other person has the actual authority to modify these Terms of Use, and all apparent authority to do so is hereby disavowed.

Entire Agreement. These Terms of Use constitute the entire agreement between you and us, and all prior and contemporaneous oral and written statements, promises, agreements, and understandings are incorporated herein, and no such agreements or representations are binding unless set forth herein. You and us may enter into subsequent agreements which may supplement these Terms of Use regarding specific matters, provided such are set forth in a separate written paper document signed by an officer of NBI then listed as a corporate officer with the Florida Department of State (see www.sunbiz.org).

Corporate Entity; Release. You acknowledge and agree that you are dealing with a corporate entity in this Site, and that the persons who represent that corporation act on behalf of the corporation in their corporate capacities and not in their personal capacity. This provision is fundamental to your use of this Site and our goods and services, and to the Terms of Use. Therefore, in consideration for entering this Site, or utilizing the products and services presented in the Site, you release and discharge the corporation’s officer, directors, shareholders, employees, suppliers, and software programmers of and from any and all rights, claims, damages, demands, actions, causes of action, or suits in equity, of whatever kind or nature, and whether accruing now or in the future, and whether known or unknown to the parties, arising out of or relating to your use of this Site, or the products and services presented in or obtained through this Site or offered by us. Without limitation, this release as to individual liability extends to the following grounds: failure to clearly indicate a corporate capacity; failure to observe corporate formalities; transfer of corporate assets for personal use; corporate capitalization; non-filing of an Annual Return or Uniform Business Report with the Florida Secretary of the State; depletion of corporate assets for personal benefit; treating the corporation and an officer of director interchangeably or as an alter ego; tort; indemnification.

No Jury Trial. YOU KNOWINGLY AND WILLINGLY WAIVE ANY RIGHT UNDER APPLICABLE LAW TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR USE OF THIS SITE, YOUR INTERACTION WITH ANY OF THE PARTIES NAMED HEREIN, OR THE ISSUES RAISED BY ANY SUCH DISPUTE.

Limited Goods and Services Warranty. NBI warrants that the goods and services sold are free from manufacturing defects in material and workmanship under normal use and service for a period of one year from the date of delivery to the original end user. Warranties do not extend beyond the original end user. ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS ARE LIMITED TO THE SAME PERIOD. Claimant must furnish proof of date of purchase. NBI will provide replacement goods or services, or may opt to reimburse the purchase price if that is infeasible. NBI’s sole liability with respect to any defect shall be for the replacement of the defective goods or services. No one is authorized to make any other warranties on behalf of NBI, or modify this warranty, except in a separate written paper document under signature of a corporate officer of NBI then-listed with the Florida Department of State (see www.sunbiz.org/). NBI will not be liable for repairing damages or failures caused by acts of God or nature, abuse, abnormal usage, use or application for which the goods and services are not intended. The foregoing shall constitute NBI’s sole warranty and sole liability, and is in lieu of any other warranties whether written, oral, implied, or statutory. Some states and provinces do not allow the limitation of exclusion or limitation or incidental or consequential damages and some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions may not apply. This warranty gives its beneficiaries specific legal rights, and beneficiaries may have other rights which vary from state to state and province and province. NBI WILL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE GOODS OR SERVICES OR OTHER INDIRECT DAMAGES WITH RESPECT TO LOSS OF PROPERTY, REVENUES, LIFE OR LIMB, PERSONAL INJURY, AND CLAIMANT’S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING GOODS OR SERVICES.

END OF TERMS OF USE