Unless otherwise noted, all materials on this website, including text, images, illustrations, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, and other intellectual property in such materials (“Content”) are owned, controlled or licensed by The First Deal Company and its Affiliates. (“Affiliates” includes any other entity controlling, controlled by or under common control with The First Deal Company, where “control” means the possession, directly or indirectly, of the power to direct the management and policies of an entity, whether through voting securities, contract or otherwise.) Content is provided solely for your personal, noncommercial use. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content.
We do not claim ownership to any content, including text, images, illustrations, icons, photographs and other materials, you submit or make available through this website (hereinafter “user-generated content”). All user-generated content posted, submitted or otherwise transmitted to this website remains the sole responsibility of the person who originated such content. We do not and will not monitor or control user-generated content posted, submitted or otherwise transmitted to this website and take no responsibility for such content. With respect to any user-generated content submitted or made available for inclusion on this website, you grant The First Deal Company and its Affiliates, a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content. You hereby represent, warrant and covenant that any user-generated content you provide does not include anything to which you do not have the full right to grant the license stated above.
Copyright Infringement Policy
We respect the intellectual property rights of others and expect our users to do the same. We do not permit copyright infringing activities on this website and will, if properly notified, expeditiously remove or disable access to infringing content from this website. We reserve the right to remove or disable access to content without prior notice. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to be infringing or to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complaint of is not authorized by the copyright owner, its agent, or the law: (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
The First Deal Company
3070 Lakecrest Circle 400-260
Lexington, KY 40513
Comments, Suggestions and Submissions
Any comments, suggestions, ideas, submissions or other communications submitted or offered to us (“Your Comments”) will be and remain the property of The First Deal Company and its Affiliates. Submission of Your Comments, whether via email, postal mail, or otherwise, will constitute an assignment to The First Deal Company and its Affiliates of all worldwide rights, title and interest to all intellectual property rights in Your Comments. We will be entitled to use, reproduce, disclose, publish and distribute Your Comments (or any part thereof, in edited or modified form) for any purpose whatsoever, without compensation to you. You agree that: Your Comments will not violate rights of any third party, including but not limited to, copyright, trademark, privacy or other personal or proprietary rights; Your Comments will not contain libelous or otherwise unlawful, abusive or obscene materials; and you will not transmit any computer virus or other malware that could affect operation of our website.
Product Display and Information
We attempt to display the products/services featured on our website as accurately as possible. However, we cannot guarantee that your monitor’s display of merchandise color, texture or detail will be accurate. On occasion, the website may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, promotions, or availability. We reserve the right to correct errors at any time without prior notice (including after your order has been placed). Prices are quoted in U.S Dollars and are valid only in the United States. We reserve the right to change pricing at any time.
We reserve the right to refuse any order placed with us or to limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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 or prohibit orders that appear, in our sole judgment, to be placed by dealers, resellers or distributors. If we limit or cancel an order, we will attempt to notify you through the email, billing address or telephone number you provided when the order was placed.
Links to Other Websites
This website may contain links to websites owned and controlled by third parties. These links are provided solely for your information and convenience. We have no control over or responsibility for third party websites which you use at your own risk.
This website and Content are provided on an “as is” basis without warranties of any kind, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. We disclaim any duty to update or revise Content although we may modify Content at any time without prior notice. Your use of this website is at your sole risk and you assume full responsibility for any associated costs. We will not be liable for damages of any kind related to or arising out of your use of this website.
You agree to defend, indemnify, and hold The First Deal Company and its Affiliates (including their officers, directors, employees and agents) harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, related to or arising out of your use of the website and/or your breach of the Terms.
Dispute Resolution, Choice of Law and Forum
In the event of any claim, action or dispute related to or arising out of any transaction, your use of this website, or the breach, interpretation or validity of the Terms, (“Dispute”), the party asserting the Dispute will first attempt to resolve such Dispute in good faith, by providing written notice to the other party (via certified mail, return receipt requested or express delivery carrier) describing the facts and circumstances (including any relevant documentation) and allowing the receiving party at least thirty days in which to respond to or resolve the Dispute. If to The First Deal Company, notice will be sent to The First Deal Company, 3070 Lakecrest Circle 400-260 Lexington, KY 40513. If to you, notice will be sent to your last used billing address or the billing and/or shipping address in your online profile. Both you and The First Deal Company and its affiliated companies agree that this dispute resolution procedure is a condition precedent to the filing of any litigation against the other. Any claim or action initiated by you related to or arising out of your use of this website or the Terms will be resolved only by state or federal courts located in Fayette County, Kentucky. The Terms will be construed in accordance with the laws of the State of Kentucky, without regard to any conflict of laws provision.
Waiver of any of the Terms will not be deemed a waiver of any other Terms or of our right to require strict adherence to any Terms at any time. If any Terms are deemed unenforceable or invalid for any reason, that provision will be severable from remaining provisions, which will remain in full force and effect. These Terms constitute the entire agreement between us relating to your use of this website.
® 2015 The First Deal Company. All Rights Reserved.