TERMS OF SERVICE

Effective Date: March 11, 2015.

PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE.

Introduction and Overview

To print our full Privacy Policy, click here. To print our full Terms of Service (“Terms"), click here. To receive copies of both documents by email, click here. To review the full Terms, keep reading.

Welcome! You have arrived at www.freshbrewedtees.com and/or are otherwise interacting with our Service (defined below), which is owned and operated by Nine Fourteen Clayton, Inc. dba Fresh Brewed Tees (“Fresh Brewed Tees"). These Terms govern your use of any online service location (e.g., website) that posts a link to these Terms (“Site") (including both mobile and online versions). It also applies to your use of all features, widgets, plug-ins, applications, content, downloads and/or other services that (i) we own and control and make available through a Site, and/or (ii) that post or link to these Terms (collectively, with the Site, the “Service"), regardless of how you access or use it, whether via computer, mobile device or otherwise. By using the Service, you acknowledge and accept the Service's Privacy Policy and consent to the collection and use of your data in accordance with the Privacy Policy. By using the Service, you further agree that Fresh Brewed Tees may change, alter, or modify the settings or configurations on your Device (defined below) in order to allow for or optimize your use of the Service. By interacting with and/or using the Service, you signify your assent and agreement to these Terms. If you do not agree to these Terms, you must not use the Service.

You should read these entire Terms; but here is a partial list of some of the terms that we want to bring to your initial attention. Click on section references for details. Capitalized terms have the meanings given to them where defined in these Terms.

  • Each time you use the Service, the Terms and any applicable Additional Terms (defined below) then posted apply (subject to Section 15), so you should check back each timed you return for any updates.
  • Click here for a summary of each section of these Terms. You may click on the topic heading or the “More" button for full details.
  • You may only use the Content (defined below) on the Service in connection with your permitted activities on the Service and not in an offline environment or in connection with another site or service. (Section 1 and Section 3).
  • You consent to our Privacy Policy and our practices detailed in it, including targeted advertising.
  • As permitted by law, many types of disputes that may arise in connection with your access to and use of the Service are subject to mandatory arbitration – which includes your waiver of a right to a jury trial and to class action relief. (Section 11)
  • We are providing the Service to you on an “as-is" basis, without any warranty of any kind, and our liability to you in connection with your use of the Service is very limited. Many other limitations and disclaimers relate to your use of the Service. (Section 12 and Section 13)

If You Want to Use This Service,

then carefully read these entire Terms (including all links to details), as they constitute a written agreement between you and us and they affect your legal rights and obligations. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. If you are under the age of majority in your jurisdiction of residence, you may use the Service only with involvement of a parent or guardian who agrees to these Terms and to be responsible for your use.

Each time you access and/or use the Service (other than to simply read these Terms), you agree to be bound by and comply with these Terms and any applicable Additional Terms (defined below) then posted (subject to Section 15). Therefore, do not use the Service if you do not agree. The business realities associated with operating the Service are such that, without the conditions that are set forth in these Terms – such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes – we would not make the Service available to you.

In some instances, both these Terms and separate guidelines, rules, or terms of service or sale setting forth additional or different terms and/or conditions, will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms").

To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review the Service's Privacy Policy, which you accept by using the Service.

Linkable Terms

These Terms are posted in interactive format to ease your review, especially using smart phones and other devices with small screens. It is important that you read and understand these entire Terms before using the Service. Each section below includes a brief introductory summary and a link to the full explanation. Please note that the complete provisions, and not the headings or summaries shall govern. You can click on the headings and “More" buttons to be taken to the full explanation.

  1. Service Content, Ownership, Limited License, and Rights of Others

We only grant you a limited revocable license to use the Service for your own non-commercial use subject to rules and limitations. More

  1. Content You Submit

You grant us a broad license, which we may sublicense, to the content you submit, which you represent you have the right to allow us to use. You, however, retain ownership of and responsibility for, your content. More

  1. Service and Content Use Restrictions

Your use of our Service is subject to various restrictions designed to protect the Service and our users. We may change or discontinue our Service in whole or in part. More

  1. Accounts

You may have the opportunity to open, revise and close your Accounts subject to certain rules. We may offer you the ability to make choices regarding how and to whom some aspects of your Account are used and seen, but these may not be completely effective. More

  1. Notices, Questions and Customer Service

Click here to contact us for customer service or questions. You agree we may provide you notices, including of new terms and conditions, by posting notice on the home page or by other reasonable means, such as to the email you provided. More

  1. Product Specifications; Pricing; Typographical Errors

Terms may change and errors may occur. Consult applicable Additional Terms regarding each product. More

  1. Seller; Risk of Loss

All items purchased from the Service are pursuant to a shipment contract, and the risk of loss and title for such items passes to you upon delivery to the carrier. More

  1. Links By You to the Service

You may link to our Service, subject to some basic requirements. More

  1. Third-Party Sites; Advertisements; Dealings With Third Parties

We are not responsible for third parties or their content, advertisement(s), apps or sites. This may include the ability to post content on third party sites and services using their plug-ins made available on our Services. Use caution when dealing with third parties. More

  1. Wireless and Location-Based Features

Wireless carrier charges may apply to use of the Service via wireless networks or Devices geo-location details for which you will be responsible. Our Service may include location-based features that use geo-location tools to identify where you are. More

  1. Dispute Resolution

To the extent permitted by applicable laws, you agree to arbitrate disputes and waive jury trial and class actions. More

  1. Disclaimer of Representations and Warranties

We disclaim most warranties and provide the Service “As Is". More

  1. Limitations of Our Liability

Our liability is greatly limited as more fully explained in this section. More

  1. Waiver of Injunctive or Other Equitable Relief

You waive equitable or injunctive relief. More

  1. Updates to Terms

These Terms and applicable Additional Terms posted on the Service at each time of use apply to that use, and the Terms may be prospectively updated as our Service evolves. Posting of new Terms on the Service is notice to you thereof. More

  1. General Provisions

You agree to various other terms and conditions, which you should read here, including regarding (a) our control and discretion; (b) the law that governs these Terms; (c) your indemnity of us; (d) accessing the Service from outside of the United States; (e) restriction on the Service for those countries subject to U.S. export controls; (f) enforcement and interpretation of these Terms; (g) communications with us; (h) investigations, cooperation with law enforcement, termination and survival; (i) limit on assignment and delegation of rights and obligations; (j) how waivers may be made; (k) special terms for U.S. government users; (l) your responsibility for your connectivity and access; and (m) California consumers rights and notices. More

Full Details of Terms of Service

  1. Service Content, Ownership, Limited License, and Rights of Others.
  2. Content. The Service contains a variety of: (i) materials and other items relating to Fresh Brewed Tees and its products and services, and similar items from our licensors and other third parties, including all layout, information, articles, posts, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel" of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material (including source and object code); (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Fresh Brewed Tees (collectively, “Trademarks"); and (iii) other forms of intellectual property (all of the foregoing, collectively “Content").
  3. Ownership. The Service (including past, present, and future versions) and the Content are owned or controlled by Fresh Brewed Tees and our licensors and certain other third parties. All right, title, and interest in and to the Content available via the Service is the property of Fresh Brewed Tees or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. Fresh Brewed Tees owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Service.
  4. Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Fresh Brewed Tees grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to (i) download and copy (temporary storage only of web site and a single Device download and storage of the mobile app), display, view, use, play the Content on a personal computer, mobile phone or other wireless device, or other Internet enabled device (each, a “Device"), and/or print one copy of the Content (excluding source and object code in raw form or otherwise ) as it is displayed to you, in each case for your personal, non-commercial use only, and (ii) to use certain Content that we may from time to time make available on the Service explicitly for you for use as part of your User-Generated Content (defined below) (“Fresh Brewed Tees Licensed Elements"), but only for such purposes as may be explicitly stated at the time that the Fresh Brewed Tees Licensed Elements are made available on the Service; but we and our licensors and certain other third parties, as the case may be, retain ownership of such Fresh Brewed Tees Licensed Elements. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Fresh Brewed Tees' sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or Fresh Brewed Tees Licensed Elements, subject to certain Additional Terms.
  5. Rights of Others. In using the Service, you must respect the intellectual property and other rights of Fresh Brewed Tees and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Fresh Brewed Tees respects the intellectual property rights of others.
  6. Reservation of All Rights Not Granted As To Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Fresh Brewed Tees and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

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  1. Content You Submit.
  2. User-Generated Content.

(i) General. Fresh Brewed Tees may now or in the future offer users of the Service the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Service, or on or in response to our pages or posts on any third party platforms or in connection with any of our promotions by any media or manner, or otherwise submitted to us (e.g., on our Facebook or other social media pages, in response to our tweets, through a Fresh Brewed Tees sweepstakes or contest, or by mail) (collectively, “submit") messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, but excluding Fresh Brewed Tees Licensed Elements included therein, “User-Generated Content"). Fresh Brewed Tees may allow you to do this through blogs, social networking environments, content creation tools, contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it.

(ii) Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Service's posted Privacy Policy or any Additional Terms, you agree that (a) your User-Generated Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark them “confidential," “proprietary," or the like – and will not be returned, and (b) to the maximum extent permitted by applicable law, Fresh Brewed Tees does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon Fresh Brewed Tees' request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk.

In your communications with Fresh Brewed Tees, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you submit are deemed User-Generated Content and licensed to us as set forth below. In addition, Fresh Brewed Tees retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. Fresh Brewed Tees' receipt of your Unsolicited Ideas and Materials is not an admission by Fresh Brewed Tees of their novelty, priority, or originality, and it does not impair Fresh Brewed Tees' right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.

(iii) License to Fresh Brewed Tees of Your User-Generated Content. Except as otherwise described in any applicable Additional Terms (such as a contest official rules), which specifically govern the submission of your User-Generated Content, you hereby grant to Fresh Brewed Tees, and you agree to grant to Fresh Brewed Tees, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. In order to further effect the rights and license that you grant to Fresh Brewed Tees your User-Generated Content, you also hereby grant to Fresh Brewed Tees, and agree to grant to Fresh Brewed Tees, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 2.A(iii).

(iv) Fresh Brewed Tees' Exclusive Right to Manage Our Service. Fresh Brewed Tees may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and Fresh Brewed Tees may, in its sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. Such User-Generated Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display. Click here for more information.

(v) Representations and Warranties Related to Your User-Generated Content. Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User-Generated Content you submit, and that, as to that User-Generated Content, (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content and grant Fresh Brewed Tees the rights to it that you are granting by these Terms and any Additional Terms, all without any Fresh Brewed Tees obligation to obtain consent of any third party and without creating any obligation or liability of Fresh Brewed Tees; (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and, as to Fresh Brewed Tees' permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User-Generated Content will not violate these Terms (including the Rules) or any applicable Additional Terms, or cause injury or harm to any person.

(vi) Enforcement. Fresh Brewed Tees has no obligation to monitor or enforce your intellectual property rights to your User-Generated Content, but you grant us the right to protect and enforce our rights to your User-Generated Content, including by bringing and controlling actions in your name and on your behalf (at Fresh Brewed Tees' cost and expense, to which you hereby consent and irrevocably appoint Fresh Brewed Tees as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).

  1. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us here.
  2. Service and Content Use Restrictions
  3. Service Use Restrictions. You agree that you will not: (i) aside from your purchase of goods or services offered for sale by Fresh Brewed Tees or its affiliates, use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other “hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Fresh Brewed Tees; (iv) to the maximum extent permitted by applicable law, reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, Fresh Brewed Tees, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Content, or the User-Generated Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including e-mail addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; or (ix) otherwise violate these Terms or any applicable Additional Terms.
  4. Content Use Restrictions. You also agree that, in using the Service, you: (i) will not monitor, gather, copy, or distribute the Content (except as may be a result of standard search engine activity or use of a standard browser) on the Service by using any robot, rover, “bot", spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; (ii) will not frame or utilize framing techniques to enclose any such Content (including any images, text, or page layout); (iii) will keep intact all Trademark, copyright, and other intellectual property notices contained in such Content; (iv) will not use such Content in a manner that suggests an unauthorized association with any of our or our licensors' products, services, or brands; (v) will not make any modifications to such Content (other than to the extent of your permitted use of the Fresh Brewed Tees Licensed Elements, if applicable); (vi) will not copy, modify, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate or transfer to any third party or on any third-party application or website, or otherwise use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Fresh Brewed Tees or, in the case of Content from a licensor, the owner of the Content; and (vii) will not insert any code or product to manipulate such Content in any way that adversely affects any user experience.
  5. Availability of Service and Content. Fresh Brewed Tees may immediately suspend or terminate the availability of the Service and Content (and any elements and features of them), in whole or in part, for any reason, in Fresh Brewed Tees' sole discretion, and without advance notice or liability.
  6. Reservation of All Rights Not Granted as to Content and Service. These Terms and any applicable Additional Terms include only narrow, limited grants of rights to make use of Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by Fresh Brewed Tees and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.

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  1. Accounts

In order to access or use some (or potentially all) of the features on the Service, you must first register through our online registration process at www.freshbrewedtees.com. The Service's practices governing any resulting collection use, disclosure and management of your personal information are disclosed in its Privacy Policy. If you are under the age of eighteen (18), then you are not permitted to register as a user or otherwise use the Service.

If you register for any feature that requires a password and/or username, then you will select your own password at the time of registration (or we may send you an e-mail notification with a randomly generated initial password) and you agree that: (i) You will not use a username (or e-mail address) that is already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive. We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion; (ii) You will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it, continuously and promptly to keep it accurate, current, and complete; (iii) You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity; (iv) You are solely responsible for maintaining the confidentiality of your password and for restricting access to your Device so that others may not access any password protected portion of the Service using your name, username, or password; (v) You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (vi) You will not sell, transfer, or assign your account or any account rights.

We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

  1. Notices, Questions and Customer Service

You agree that: (1) we may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the Service, or in another reasonable manner; and (2) we may contact you by mail or email sent to the address provided by you. All legal notices to us must be sent to: Fresh Brewed Tees, 1163 East 40th Street, Suite 303, Cleveland, Ohio 44114 (Attention: Legal Counsel).

If you have a question regarding using the Service, you may contact Fresh Brewed Tees Customer Support by sending an email to customerservice@freshbrewedtees.com or calling us at (216) 618-1912 You acknowledge that the provision of customer support is at Fresh Brewed Tees' sole discretion and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion.

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  1. Product Specifications; Pricing; Typographical Errors

We do our best to describe every product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Fresh Brewed Tees shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Applicable Additional Terms may apply. If a product you purchased from Fresh Brewed Tees is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.

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  1. Seller; Risk of Loss

Fresh Brewed Tees is the seller of clothing and other goods on the Service. All items purchased from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.

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  1. Links By You To the Service

We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any Trademarks, (b) the links and the content on your website do not suggest any affiliation with Fresh Brewed Tees or cause any other confusion, and (c) the links and the content on your website do not portray Fresh Brewed Tees or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Fresh Brewed Tees. Fresh Brewed Tees reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.

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  1. Third-Party Sites; Advertisements; Dealings with Third Parties
  2. Third-Party Content and Sites; Advertisements. The Service may contain third party plug-ins, applications, ads, tools and/or other content, and/or links to third-party websites or other services that are not owned, controlled or operated by Fresh Brewed Tees (collectively, “Third-Party Sites"), including services operated by advertisers, licensors, licensees, and certain other third parties who may have business relationships with Fresh Brewed Tees. We may also host our content, apps and tools on Third-Party Sites. Fresh Brewed Tees may have no control over the content, operations, policies, terms, or other elements of Third-Party Sites, and Fresh Brewed Tees does not assume any obligation to review any Third-Party Sites. Fresh Brewed Tees does not necessarily endorse, approve, or sponsor any Third-Party Sites, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, Fresh Brewed Tees is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Sites. Finally, Fresh Brewed Tees will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Sites. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Sites. FRESH BREWED TEES DISCLAIMS ALL LIABILITY IN CONNECTION THEREWITH.
  3. Dealings with Third Parties. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Sites or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). Fresh Brewed Tees disclaims all liability in connection therewith.

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  1. Wireless and Location-Based Features
  2. Wireless Features. The Service may offer certain features and services that are available to you via your wireless Device. These features and services may include the ability to access the Service's features and receive messages from the Service (collectively, “Wireless Features"). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features, for which you are responsible. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
  3. Terms of Wireless Features. You agree that we may collect information related to your use of the Wireless Features and we may send communications via such features to your wireless Device regarding us or other parties.
  4. Location-Based Features. If you have enabled GPS, geo-location or other location-based features on any mobile app(s) or feature(s), you acknowledge that your Device location may be tracked and shared with others consistent with the Privacy Policy. Some mobile app(s) or feature(s) allow for you to disable location-based features or manage preferences related to them. However, you can terminate Device location tracking by us by uninstalling any mobile app(s) or feature(s). The location-based services offered in connection with our mobile app(s) or feature(s) are for individual use only and should not be used or relied on as an emergency locator system, used while driving or operating vehicles, or used in connection with any hazardous environments requiring fail-safe performance, or any other situation in which the failure or inaccuracy of use of the location-based services could lead directly to death, personal injury, or severe physical or property damage. The location-based services are not suited or intended for family finding purposes, fleet tracking, or any other type of business or enterprise use – other products exist today that may be used specifically for these purposes.

 

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