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Terms & Conditions

Terms & Conditions

Welcome to the Nicholas Sparks Foundation Collection website, www.nsparksfoundationcollection.com (the "Website").  The Website is owned and operated by Foundation Enterprises, LLC ("Foundation Enterprises").  Please take a few minutes to review these Terms and Conditions, and our Privacy Policy.  You hereby agree that these Terms and Conditions apply to your access and use of the Website and your use of any aspect of the Website constitutes your agreement to follow these Terms and Conditions and to be bound by them.  If you do not agree with these Terms and Conditions do not use or further access this Website.

Terms and Conditions Subject to Change:  Foundation Enterprises reserves the right to update or modify these Terms and Conditions at any time without prior notice and you will be bound by those updates whether you have read them or not. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.

Intellectual Property:  All text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations — both individually and as they are compiled on the site (collectively, the "Intellectual Property") – are the property of the Nicholas Sparks Foundation and/or Foundation Enterprises and the Intellectual Property is protected by applicable federal, state, and local intellectual property laws. 

The Intellectual Property, further including any trademarks or trade dress of The Nicholas Sparks Foundation and/or Foundation Enterprises, may not be used without prior express written permission.  Trademarks or trade dress include The Nicholas Sparks Foundation and Foundation Enterprises's name and logo, and any other graphics, logos, page headers, button icons, scripts, and service names of The Nicholas Sparks Foundation and/or Foundation Enterprises's products, services, and programs.  Users may not electronically copy and/or print hard copies of pages from the Website unless solely for personal, non-commercial purposes related to placing an order or shopping with Foundation Enterprises or through one of our authorized retailers.

User Comments:  Foundation Enterprises welcomes your comments about our Website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Website shall be and remain the exclusive property of Foundation Enterprises.  Your submission of any such Comments shall constitute an assignment to Foundation Enterprises of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in and to the Comments.  Foundation Enterprises will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.  For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Authorization to Contact You

You agree to receive calls, including autodialed and/or pre-recorded message calls, from Foundation Enterprises at any of the telephone numbers (including mobile telephone numbers) that we have collected for you as authorized and described in our Privacy Policy, including telephone numbers you have provided us, or that we have obtained from third parties or collected by our own efforts. If the telephone number that we have collected is a mobile telephone number, you consent to receive SMS or other text messages at that number. Standard telephone minute and text charges may apply if we contact you at a mobile number or device. You agree we may contact you in the manner described above at the telephone numbers we have in our records for these purposes:

a.  To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our Agreement) or as authorized by applicable law.

          b.  To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your Privacy Policy.DISCLAIMER:  THE WEBSITE, AND ALL CONTENT AVAILABLE ON THIS WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES OR UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE WEBSITE including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement..  FURTHERMORE, FOUNDATION ENTERPRISES DISCLAIMS ANY AND ALL WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Foundation Enterprises responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of or your inability to use our services, delays or disruptions in our services, viruses or other malicious software obtained by accessing, or linking to, our services, glitches, bugs, errors, or inaccuracies of any kind in our services, damage to your hardware device from the use of any of our services, or a suspension or other action taken with respect to your account or breach of this agreement.Use of this Website is entirely at the user's own risk, and user assumes full responsibility for all costs associated with all necessary servicing or repairs of any equipment used in connection with such use.  THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY OF OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  CUSTOMER SPECIFICALLY ACKNOWLEDGES FURTHER THAT FOUNDATION ENTERPRISES IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM ALL OF THE FOREGOING RESTS ENTIRELY WITH USERS OF THE WEBSITE.  NEITHER FOUNDATION ENTERPRISES NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE WEBSITE OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR OUT OF ANY BREACH OF ANY WARRANTY.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent Foundation Enterprises may not, as a matter of applicable law, disclaim any warranty or limit its liability, the scope and duration of such warranty and the extent of our liability to you or any third party will be the minimum permitted under such law.Inaccuracy Disclaimer:  From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  Foundation Enterprises reserves 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 your order) and such changes will be applied retroactively.

Termination:  Foundation Enterprises may delete your account at any time and for any reason, with or without notice or liability to you.  These Terms and Conditions survive termination of use of the Website and/or termination of your account.

 

North Carolina Law Governs:  You and Foundation Enterprises agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Agreement or your use of or access to Foundation Enterprises sites, services, applications, and tools, or any products or services sold or purchased through Foundation Enterprises services sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and Foundation Enterprises have against each other are resolved.  Accordingly, these Terms and Conditions are governed by the laws of the State of North Carolina, without respect to its conflict of laws principles.  Foundation Enterprises and any Website user each agree to submit to the personal jurisdiction of a state court located in Craven County, State of North Carolina or the Federal Eastern District of North Carolina.

Indemnity:

You will indemnify and hold Foundation Enterprises (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Foundation Enterprises services or your breach of any law or the rights of a third party.

Assignment:  These Terms and Conditions, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned in whole or in part by Foundation Enterprises without restriction.

Severability:  If any of the terms, provisions, or conditions contained in these Terms and Conditions shall be deemed invalid, void, or otherwise unenforceable, that specific term, provision, or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms, provisions, and conditions. 

No Waiver: No waiver of any term in these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Foundation Enterprises failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.  

Headings and Waiver:  Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement

This Agreement, The Foundation Enterprises Privacy Policy, and all polices set forth the entire understanding and agreement between you and Foundation Enterprises and supersedes all prior understandings and agreements of the parties.