Terms and Conditions


WELCOME TO OUR WEB SITE LOCATED AT WWW.NOTTHESAME.NET (THE “WEB SITE”). NOT THE SAME, LLC (“NOT THE SAME”, “WE” OR “OUR”) PROVIDES THE SERVICES AVAILABLE ON THE WEB SITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THIS PAGE CAREFULLY. BY ACCESSING AND USING THIS WEB SITE, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTAND AND AGREE WITHOUT LIMITATION OR QUALIFICATION TO BE BOUND BY THESE TERMS AND CONDITIONS.

We reserve the right, at any time, to modify these web site terms and conditions without notice, and by using this Web Site you agree to be bound by these modifications. Therefore, you agree that it is your responsibility to visit this page periodically to view the then current terms of access by which you will be bound.

Please note that other web sites and web pages lined to this Web Site may be governed by separate terms and conditions. Please refer to the applicable terms and conditions of those web sites and web pages when visiting them.

TERMS AND CONDITIONS PROVISION SUMMARY

  • Information Accuracy And Availability Of This Web Site
  • Prohibited User Conduct And Unauthorized Access
  • Product Details
  • Access And Use Of Information
  • Intellectual Property Rights Notice
  • Hypertext Links
  • Submissions To Not The Same.Com
  • Terms OfSale
  • Territory Statement
  • Disclaimer Of Warranties
  • Limitation Of Liability
  • Indemnification
  • Law And Jurisdiction
  • General

INFORMATION ACCURACY AND AVAILABILITY OF THIS WEB SITE

All information and materials contained on this Web Site have been prepared solely for the purpose providing general information about Not The Same and the products which Not The Same sells. All such information and materials published on this Web Site are provided in good faith as a convenience to You and may be used for information purposes only and at all times in accordance with these Terms and Conditions.

Not The Same endeavours to ensure that the information and materials published on this Web Site are correct and up to date. However, we make no representations or warranties (express or implied) that the information or materials published on this Web Site are accurate, comprehensive, verified or complete. In particular, we make no representations or warranties (express or implied) concerning the fitness for any particular purpose of any such information or materials. The information on this Web Site does not constitute any form of advice and/or recommendation. Not The Same does not undertake to update or correct the information and/or materials contained on this Web Site but Not The Same reserves the right to make improvements and/or changes to (including the removal of) the products and/or programs described in this information and to delete and/or move any such information or materials at any time and without notice. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Not The Same shall have the right, at its sole discretion, to refuse orders placed for that item. Prices and availability are subject to change without notice.

While Not The Same tries to ensure that this Web Site is normally available 24 hours per day, Not The Same will not be liable if, for any reason, this Web Site is, at any time, unavailable for any period of time or at all. Access to this Web Site may be suspended temporarily or permanently without notice.

PROHIBITED USER CONDUCT AND UNAUTHORIZED ACCESS

As a condition to your use of this Web Site, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you; (ii) invade the privacy of, obtain the identity of, or obtain any personal information by any Not The Same customer or user of this Web Site (iii) probe, scan or test the vulnerability of this Web Site or the Not The Same network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including without limitation, via means of submitting a virus to this Web Site, overloading, “flooding”, “spamming”, mail bombing” or “crashing” or (v) send unsolicited mail, including promotions and/or advertising of products and services.

Violations of system or network security may result in civil or criminal liability. Not The Same reserves the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from Not The Same on this Web Site and other than generally available third party web browsers.

PRODUCT DETAILS

Some information included on this Web Site or in the Web Site Materials, including without limitation information provided on technical data sheets, is provided for educational purposes only. Some of this content comes from third parties. While we believe these third party providers to be reliable source of information, we do not vouch nor will we be liable for the accuracy of such information.

ACCESS AND USE OF INFORMATION

Your access to this Web Site is strictly limited to viewing, using, downloading and storing the information contained on this Web Site solely for your legitimate personal use in furtherance of your business with Not The Same. Not The Same grants you a limited, revocable, and non-exclusive license to access and make personal use of the Web Site. Please note that you may not frame or utilize framing techniques to enclose the Web Site or any portion thereof without our written consent.

By accessing this Web Site, You acknowledge and accept that it is up to You to take precautions to ensure that whatever information and/or materials contained on and/or linked to or from this Web Site You select for Your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

INTELLECTUAL PROPERTY RIGHTS NOTICE

The information and materials contained in this Web Site are subject to copyright and/or other intellectual property rights (including, but not limited to, rights in trade marks, trade secrets and patents) owned by or licensed to Not The Same. All rights in respect of such information and materials are reserved to Not The Same or to Not The Same’s third party licensors.

As noted above You may download to a local hard disk and/or print individual sections of this Web Site solely for your personal use furtherance of your business with Not The Same provided that you retain all copyright, other proprietary notices or other intellectual property notices contained in the original material on all downloads and/or copies made. Any file downloads are made at your own risk. Except as expressly provided in the Access and Use Section of these Terms, or as required under applicable law, nether the Content, the trademarks, nor any other portion of the Web Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

You acknowledge that all proprietary rights in and to such copyright material and/or materials attracting other intellectual property rights are and shall remain vested in Not The Same or Not The Same’s third party licensors and that You shall obtain no rights in respect of such materials other than as stated above.

The products, technology or processes described in this Web Site may be the subject of other intellectual property rights reserved by Not The Same or by other third parties and You shall obtain no rights in respect of such products, technology or processes.

HYPERTEXT LINKS

In an attempt to provide increased value to our visitors, this Web Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with Not The Same, Not The Same has no control over these linked sites, all of which may have separate terms and conditions and policies. Not The Same has no responsibility or liability for the information and content on these other web sites, their independent terms and conditions. These linked sites are for your convenience and therefore you access them at your own risk. This Web Site may be linked to or from other Web Sites which are not maintained by and are independent of Not The Same. Links from this Web Site exist for convenience and information purposes only. Not The Same is not responsible for and has no control over the content of such Web Sites and makes no warranties or representations whatsoever (express or implied) about any other Web Site which is linked to or from this Web Site. The inclusion of any link to or from such Web Sites does not imply endorsement, sponsorship, or recommendation by Not The Same of those Web Sites, their providers, products and/or services. Hypertext links or other signposting materials to this Web Site contained in any other Web Site or document are not permitted without Not The Same’s prior written consent.

SUBMISSIONS TO NOT THE SAME

By sending Not The Same any material, remarks, suggestions, ideas, graphics or any other information through this Web Site (including, without limitation, by using any means of contacting Not The Same displayed on this Web Site), You grant Not The Same an unrestricted, non-exclusive, irrevocable, royalty free, worldwide licence to use, reproduce, display, perform, adapt, publish, translate, modify, transmit and distribute those materials (as described) and You also agree that Not The Same is free to use any ideas, concepts, know-how or techniques that you send Not The Same for any purpose.

TERMS OF SALE

The Terms of Sale contain the terms and conditions upon which Not The Same may agree to sell goods and/or services contained on this Web Site to You. Where Not The Same enters into a contract(s) with You for the sale of such goods and/or services to You, then (in the event of any inconsistency between these Terms of Access and the Terms of Purchase) those Terms of Sale shall take precedence.

TERRITORY STATEMENT

The information and materials provided on this Web Site are not provided to and may not be used by any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization where Not The Same is not authorized to provide such information.

You are responsible for compliance with all statutes, rules, regulations and policies of all applicable worldwide jurisdictions and the instrumentalities and political subdivisions thereof. You must be satisfied that You may lawfully access and use this Web Site, read the pages and/or act upon the information and materials contained within the pages. Not The Same accepts no responsibility for unauthorized access or for Your actions in respect of these matters. For the avoidance of doubt, You acknowledge that this Web Site is designed and made available for use in theUnited Statesonly.

DISCLAIMER OF WARRANTIES

THIS WEB SITE IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY NOT THE SAME DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

NOT THE SAME DISCLAIMS ANY WARRANTIES THAT THIS WEB SITE AND ANY INFORMATION AND/OR MATERIALS CONTAINED ON AND/OR LINKED TO OR FROM THIS WEB SITE ARE FREE FROM SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE.

LIMITATION OF LIABILITY

NOT THE SAME SHALL NOT BE LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTRICTION OR OTHERWISE IN RESPECT OF ANY CLAIMS OR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUES, ANTICIPATED SAVINGS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES) OF ANY NATURE AND WHETHER ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR RELIANCE UPON THE INFORMATION AND MATERIALS CONTAINED IN OR AVAILABLE THROUGH THIS WEB SITE OR OTHERWISE HOWSOEVER ARISING WHETHER OR NOT NOT THE SAME HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS.

INDEMNIFICATION

By using the Web Site, You agree to defend, indemnify and hold Not The Same, and its affiliates, subsidiaries, and agents, and their respective employees, contractors, directors, officers and shareholders harmless from any and all claims, demands, losses, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from Your use of the Web Site or any violation of these Terms of Access by You, your employees, agents, contractors, invitees or any third party within your control or to whom access to Your computer system from which this Web Site has been accessed has been directly or indirectly provided. Not The Same reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such actions or claims.

LAW AND JURISDICTION

This Web Site is controlled and operated from Not The Same’s offices in theUnited States of America. The laws of the state ofColorado, excluding its conflicts-of-law rules, shall govern these Terms of Use and Your use of the Web Site. You agree that any claim or dispute related in any way to Your use of the Web Site shall be commenced and heard in the courts of the State ofColorado,CountyofPark. Any claim arising out of or relating t these Terms of Access shall be brought within one (1) year of the date on which the claim arose or such claim shall be waived and forever barred.

GENERAL

If any provision of the Terms of Access is held to be invalid or unenforceable, in whole or in party, such holding shall not affect the validity or enforceability of the other provisions of these Terms of Access, and any part of such provision not held invalid or unenforceable shall remain in effect. Not The Same’s failure to act with respect to a breach of these Terms of Access by You does not constitute a waiver of its right to act with respect to subsequent or similar breaches. You acknowledge (a) that You have read and understood these Terms of Use; and (b) that these Terms of Use have the same force and effect as a signed agreement. This Agreement represents the complete agreement between you and Not The Same with respect to the subject matter hereof and supersede and govern all prior proposals, agreements, or other communications.