1. General Information For Your Convenience
By visiting any of the pages and content included in the Site, you agree that The Rejuvenation Station, LLC and MichaelsGraphics.net/MichaelsGraphics.com (hereinafter referred to as TRS, LLC) are not responsible for the accuracy of the content of the Site and will not be held liable in any way. The Site is provided “AS IS” and without any warranty of any kind. You agree that liability for damages, direct or consequential, that may be related to use of the Site shall remain your responsibility and not of TRS, LLC, its owners, employees, officers, chairpersons, agents, associates, partners, or affiliates. All content on the Site is offered on an “AS IS” basis only. You understand that information may not be accurate, complete, timely or up-to-date, error-free, unchanged, uninterrupted, or free from harmful content or effects of any kind. You agree that TRS, LLC will not be held liable for any direct or indirect consequences, whether foreseeable or unforeseeable, with regard to the content on the Site.
2. Consent by Use: Acceptance of Terms
3. Laws, Regulations, and Rules
TRS, LLC makes every reasonable effort to comply with the laws, regulations, and rules applicable within the United States and the state of North Carolina and does not warrant or infer any compliance with other countries’ provisions. Compliance with the provisions of countries outside of the United States is your responsibility. You are subject to your local laws pertaining to Internet communications and agree to comply with those rules. You bear the sole responsibility for compliance, particularly for the rules pertaining to the export of information.
4. Availability and Access
TRS, LLC cannot and does not warrant that the Site and the information it contains will be absolutely accessible at all times, or from all places; or that access will be granted on pre-established terms or by previously established means. You agree that no liability may attach to TRS, LLC if the Site or the content therein should become unavailable or inaccessible for any reason whatsoever. You agree that you are solely responsible for the risks of relying on access to the Site or its content.
5. User Privacy
6. Security and Confidentiality
No user can expect that use of the Site will be confidential or that communications with TRS, LLC will be either confidential or secure unless otherwise specified.
7. Consent to Monitoring and Disclosure
TRS, LLC has no duty or obligation to monitor communications or access in respect to the Site. However, you agree that TRS, LLC retains the right to monitor communications or access if (1) it is done to protect the interests of TRS, LLC; (2) TRS, LLC is required to do so by lawful act of any government body; and/or (3) it is done to protect the interests of the user or any third party.
The original text appearing and the arrangement of the content found on the Site is the property of TRS, LLC unless otherwise specified. Downloaded copies of the Site are not to be altered and must retain acknowledgements that the content originated from TRS, LLC. You shall not package, sell, duplicate, appropriate, copy, or exploit any portion of the Site or access to any part of it for any commercial purpose. You understand and agree that mere objection by TRS, LLC shall suffice for finding a violation of this section. You also understand and acknowledge that the Site may appear differently from the way it was intended depending on the browser you use to view it.
9. Downloads from This Website
You only have permission to access or view the content of the Site. No download or copy of the Site may be made unless it includes notice that TRS, LLC is the owner and source of the content. Copies of the Site or any portion thereof may not be redisplayed or otherwise represented outside of the personal use context.
10. Linked Content – Outgoing
For your convenience, TRS, LLC has included hyperlinks on the Site to other affiliated and unaffiliated websites. TRS, LLC does not control, edit, endorse, adopt, or sponsor any of the linked websites and is not in any way responsible for any of the content that such websites may contain. Affiliate links on the Site are based on our personal experience and satisfaction with the services provided and are only shown on the Site if we feel we can recommend them without reservation. While TRS, LLC may receive compensation for some of the affiliate links on the Site, no advertiser will ever influence the services and/or content of the Site. You agree that no endorsement or sponsorship of any linked website is intended or will be inferred from the provision of any hyperlink from the Site. TRS, LLC maintains its own policies for the Site that cover your use of the Site only and do not apply to your use of linked websites. It is recommended that you visit the linked websites’ terms or policy pages to understand how use of those websites operate.
11. Links, Referrals – Incoming
Any visitor or webmaster that refers or directs others to the Site using hyperlinks or other methods agrees to do so in a manner that new visitors arrive first at the https://michaelsgraphics.net home page and not to deep-link to another part of the Site.
12. No Framing or Incorporation
No permission is granted for incorporation of the Site or its contents into any other website by in-lining, framing, or similar method unless such permission is otherwise granted by express written consent from TRS, LLC.
13. No Unauthorized Access or Use
You have permission to review the content of the Site using an ordinary browser or similar means, in the manner such review is ordinary made and plainly intended by TRS, LLC. You may not make unauthorized use of the Site or access it in any manner that TRS, LLC deems contrary to this Agreement. In particular, use of the Site to disrupt, control, alter, overload, rewrite, interrupt, deconstruct or reverse engineer the Site or TRS, LLC equipment; or to represent, misrepresent, imitate or impersonate TRS, LLC; or to frustrate or obstruct TRS, LLC’s goals and communications in any manner is recognized as a serious violation of this Agreement. Any entities or individuals, directly or indirectly, intentionally or unintentionally, responsible for such action or result, without regard to the degree of involvement of participation, agree to be and shall be held jointly and severably liable for any and all damages or injuries that TRS, LLC deems to have resulted from such an act or consequence. Users who make unauthorized access to this website will provide remedy to TRS, LLC for such unauthorized access as TRS, LLC requires without regard to legal or equitable defenses or claims against third parties.
14. Intellectual Property
TRS, LLC vigorously defends its intellectual property rights. TRS, LLC hereby claims, and is entitled to, the fullest extent of intellectual property protection possible under the laws of any sovereign. Such protection includes, but is not limited to: trade secret law; duties of confidentiality and loyalty; limits imposed by contract; and the law of trademarks, service marks, copyrights, patents, and torts. By the terms of this Agreement, you agree that TRS, LLC will be regarded as enjoying such protection without regard to legal and equitable arguments that such protections should not apply. Under the terms of this Agreement you do not have the right to use, copy, download and otherwise display or transfer any of the intellectual property contained on the Site except as provided herein or specifically permitted in a separate written contract with TRS, LLC. This material may be used for personal, non-commercial use only and all intellectual property notices must be preserved on any copy of the Site or any portion thereof. Other proprietary notices may appear on the Site. You will not construe the presentation of materials or content on the Site as a license of any kind unless otherwise specified in writing.
15. Intellectual Property of Others
Use of the intellectual property of others may be used on the Site in accordance with fair use principles. Where the Site makes fair use of the intellectual property of others, any Web user who misappropriates or otherwise infringes on those parties’ rights agrees that such infringement is the responsibility of that user alone and that the user will indemnify TRS, LLC for any claims arising out of that Web users actions.
The fullest copyright protection under US, foreign and international law is claimed by TRS, LLC for all content on the Site. You agree to respect TRS, LLC’s claim to such copyright protection. All copyrightable subject matter appearing on the Site is protected by a copyright owned by TRS, LLC unless otherwise indicated. This material may be used for personal, non-commercial use only and all copyright notices must be preserved on any copy of the Site or any portion of it. You will not construe the presentation of material on the Site as a license of any kind unless otherwise specified. As provided by the Digital Millennium Copyright Act, Title 17 U.S.C. Section 512(c)(2), TRS, LLC expressly provides ready means for advising or alerting TRS, LLC of actual or possible copyright infringement occurring on or through the Site. To alert TRS, LLC of infringement by notifying TRS, LLC’s Copyright Agent, contact [email protected]. Notice to the Copyright Agent must include: your name; description of the original work; description of the infringing work; location (URL) of the infringing work; your address, telephone number, and email; statement that you have a good faith belief that the alleged infringement was not authorized. The notice must also include a sworn statement that the information provided is accurate and true; that you are the owner or authorized agent of the original work; and a signature, actual or electronic, of the owner or authorized agent.
TRS, LLC is entitled to protection in the United States and other nations for use of “TRS, LLC”, and “MichaelsGraphics.com and MichaelsGraphics.net” as service and/or trade marks. The foregoing and other marks are the property of TRS, LLC. These marks may be used only by TRS, LLC or by such parties that TRS, LLC may license or expressly authorize. You are not authorized to use any TRS, LLC trademarks without the express written content of TRS, LLC.
18. Retained Rights
All rights with regard to the Site are reserved by TRS, LLC. No right or authorization not expressly made or granted by this Agreement should be considered as conferred by assumption, estoppels, or inference.
TRS, LLC reserves the right to update, edit, change, delete, discontinue, or otherwise alter any or all of the content of the Site as it sees fit, without notice or regard to the effect on any other party. However, TRS, LLC does not have any duty whatsoever to update, maintain, or change the content of the Site for any reason. TRS, LLC makes no assurances that the content of the Site is current, timely, correct, or accurate whatsoever.
20. Disclaimer of Duty
You agree that no duties, obligations, liability or responsibilities, whether legal, equitable, or otherwise, arise out of TRS, LLC’s presentation or maintenance of the Site or any of its content.
21. Disclaimer of Warranty
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE SITE. YOUR USE OF THE SITE IS MADE AT YOUR OWN RISK. ACCESS TO THE SITE IS PROVIDED ON AS “AS IS “ AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WARRANTIES EXPRESSLY DISCLAIMED INCLUDE, BUT ARE NOT LIMITED TO: TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS OR A PARTICULAR PURPOSE. NOTHING IN THE SITE CONSTITUTES ADVICE OR INFORMATION COVERED BY ANY WARRANT OF ANY SORT. CONTENT ON THE SITE MAY CONTAIN ERRORS OR INACCURACIES AND MAY BE OUTDATED. NO WARRANTY IS MADE THAT THE SITE WILL BE ACCESSIBLE OR AVAILABLE FROM ANY PLACE, OR AT ANY TIME. THE CONTENT OF THE SITE MIGHT NOT BE UPDATED, FILTERED, OR CORRECTED. YOU AGREE THAT RESPONSIBILITY FOR THE LEGALITY OF ANY CONTENT HEREIN IS YOUR SOLE RESPONSIBILITY AND NOT THAT OF TRS, LLC.
22. Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OR ACCESS TO THE SITE. YOU SHALL NOT MAINTAIN THAT TRS, LLC, ITS AGENTS, LICENSORS, OR AFFILIATES IS LIABLE IN ANY MANNER WHETHER FOR DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, ACCESS, OR AVAILABILITY OF INFORMATION MADE AVAILABLE ON THE SITE. YOU AGREE THAT THE ENTIRE RISK AND RESPONSIBILITY FOR THE USE OF THE SITE, ITS CONTENT, LINKS TO OTHER WEBSITES, OR THE INTERNET GENERALLY, ARE ASSUMED BY YOU AND THAT NO LIABILITY WILL BE CLAIMED OR WILL ATTACH TO TRS, LLC WHETHER UNDER CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. TRS, LLC HEREBY DISCLAIMS LIABILITY TO THE FULLEST EXTENT OF THE LAW. IN JURISDICTIONS WHERE SUCH DISCLAIMER MAY BE LIMITED, THIS DISCLAIMER IS LIMITED ACCORDINGLY TO THE MAXIMUM AMOUNT PERMITTED BY SUCH LOCAL LAW.
23. Entire Agreement
To the extent that any portion of this agreement is found legally unenforceable, you agree that the remainder of this Agreement will remain in full force, as if the unenforceable portion was not incorporated, as nearly as possible to the original intent.
25. Applicable Law and Legal Compliance
TRS, LLC makes every reasonable effort to ensure that its maintenance of the Site and activities associated with the Site are in full compliance with United States and North Carolina state law. You agree that any violations of law are unintentional only and that you will not hold TRS, LLC responsible for such accidental missteps. You agree that your access to and use of the Site will be made in accordance with local laws. You are solely responsible for compliance with such particular local laws.
26. Choice of Law
You agree that questions or disputes pertaining to the Site are to be answered or settled according the laws of the State of North Carolina, without regard to its conflict of laws principles.
You agree that any conflict or dispute arising out of, or pertaining to, the Site or its contents will not, and cannot, be brought to any courts outside of those within the geographical boundaries of Mecklenburg County within North Carolina. You further agree that all parties are subject to the personal and exclusive jurisdiction of any courts within the geographical boundaries of Mecklenburg County within North Carolina.
You agree that you will indemnify, defend, and hold harmless TRS, LLC and its chairpersons, officers, agents, employees, partners, and affiliates for any claims or disputes arising out of, or involving, your access to or use of the Site. Indemnification shall include any and all fees and costs associated with responding or answering any claims or assertions against TRS, LLC including, but not limited to: internal costs, agency fees, attorneys and experts, witnesses, document production and management, correspondence, travel, filing fees, employee pay and reimbursement.
29. Election of Defenses
No portion of this Agreement will be construed as limiting TRS, LLC’s right to direct its own defense, including, but not limited to: selection of counsel, negotiation of settlements, or election of strategies. At all times, your duty to indemnify TRS, LLC will remain unaffected by this provision and you shall cooperate with TRS, LLC’s efforts to assert defenses.
30. Revisions, Improvements, and Updates
Changes to the Site, including this Agreement, will likely occur and may be made at any time without notice as TRS, LLC deems appropriate. This Agreement remains in full force with regard to any changes that may be made, unless the Agreement itself is modified. If this Agreement is modified, such modifications will pertain to all use of the Site subsequent to the modification, unless otherwise specified. You agree that TRS, LLC has the right to amend the Site, at will and without notice, and that it is your responsibility to keep abreast of changes; that any liability arising out of such amendments remain with you and not with TRS, LLC; and that you will indemnify TRS, LLC for any actions arising out of changes and your use of the Site. Nothing in this section creates any duty whatsoever on the part of TRS, LLC to amend, alter, correct, or update the Site.
31. Notice of Changes
TRS, LLC has no duty to notify any party as to changes made to the Site or to this Agreement. You agree that it is your responsibility to keep abreast of the latest version of the content at the Site and that no party may hold TRS, LLC liable in the event that a party is not so apprised. If notices are provided, they may appear in email or regular mail, or they may be posted as links or displays on the Site, as mere textural changes to any portion of the Site, or by other means utilized by TRS, LLC.
32. Section Titles
Sections of this Agreement are organized and titled merely for convenient organization of the material herein and do not have any legal significance. You agree that no such significance shall be construed, inferred, or effected.
33. No Waiver
Any failure on the part of TRS, LLC to enforce any of the terms of this Agreement is not a waiver of this Agreement or any portion of it. You agree that these terms shall be deemed in full effect even where TRS, LLC does not enforce the terms, whether by election or by oversight.
Violations of the terms of this Agreement may result in the refusal of your continued access to the Site without notice. Violations may also result in TRS, LLC or another concerned party prosecuting civil or criminal remedies against you. You agree that TRS, LLC will not be held liable for any claims arising from your use of or access to the Site or any violations of these terms. You will indemnify and hold harmless TRS, LLC for any claims arising out of any such use or access.
35. Reporting Violations
To report violations of this Agreement, email us at [email protected].
TRS, LLC may terminate or discontinue the Site, or any part of it, or your access to it, at any time, for any reason, without notice or limitation.
37. Feedback, Information, Requests, Notice, and General Communication
To find out more about TRS, LLC goods, product, and services, or if you merely desire to contact TRS, LLC, contact us via email at [email protected].