|Conditions of Use
Welcome to Yellow Brick Road Shop! This site is provided as a service
to our customers by FlagHouse, Inc. and its subsidiaries, referred to
hereafter in this Conditions of Use statement as "FlagHouse". FlagHouse
and its affiliates provide their services to you subject to the following
conditions. If you visit or shop at FlagHouse, including FlagHouse.com
and YellowBrickRoadShop.com, SpecialPopulations.com or ActivitiesForLife.com,
you accept these conditions. Please read them carefully. In addition,
when you use any FlagHouse service, or visit or purchase from any business
affiliated with FlagHouse, whether or not included in the FlagHouse or
Yellow Brick Road Shop Web sites, you also will be subject to
the guidelines and conditions applicable to such service or business.
Yellow Brick Road Shop, to understand our practices.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FlagHouse or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of FlagHouse and protected by U.S. and international copyright laws. All software used on this site is the property of FlagHouse or its software suppliers and protected by United States and international copyright laws.
Yellow Brick Road Shop is a registered trademark of FlagHouse, Inc.
in the United States and other countries. All other FlagHouse graphics,
logos, page headers, button icons, scripts, and service names are trademarks
or trade dress of FlagHouse, Inc.. FlagHouse's trademarks and trade dress
may not be used in connection with any product or service that is not
FlagHouse's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits FlagHouse. All other trademarks
not owned by FlagHouse or its subsidiaries that appear on this site are
the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by FlagHouse or its subsidiaries.
Risk of Loss
All items purchased from FlagHouse and Yellow Brick Road Shop are made
pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
License and Site Access
FlagHouse grants you a limited license to access and make personal use
of YellowBrickRoadShop.com and not to download (other than page caching)
or modify it, or any portion of it, except with express written consent
of FlagHouse. This license does not include any resale or commercial
use of this site or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this site or
its contents; any downloading or copying of account information for the
benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold, resold, visited,
or otherwise exploited for any commercial purpose without express written
consent of FlagHouse. You may not frame or utilize framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of FlagHouse and our affiliates without
express written consent. You may not use any meta tags or any other "hidden text" utilizing FlagHouse's name or trademarks without the express written consent of FlagHouse. Any unauthorized use terminates the permission or license granted by FlagHouse. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FlagHouse so long as the link does not portray FlagHouse, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FlagHouse logo or other proprietary graphic or trademark as part of the link without express written permission.
Review, Comments, Communications, and Other Content
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FlagHouse reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant FlagHouse and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant FlagHouse and its affiliates and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify FlagHouse or its affiliates for all claims resulting from content you supply. FlagHouse has the right, but not the obligation to monitor and edit or remove any activity or content. FlagHouse takes no responsibility and assumes no liability for any content submitted by you or any third party.
FlagHouse respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us in writing at:
Attn: Copyright Enforcement
601 FlagHouse Drive
Hasbrouck Heights, N.J. 07604
FlagHouse attempts to be as accurate as possible. However, FlagHouse
does not warrant that product descriptions or other content of YellowBrickRoadShop.com
is accurate, complete, reliable, current, or error-free. If a product
offered by FlagHouse itself is not as described, you may return it as
specified in the FlagHouse Guarantee.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY FLAGHOUSE ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLAGHOUSE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLAGHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FLAGHOUSE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM FLAGHOUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FLAGHOUSE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting FlagHouse at YellowBrickRoadShop.com, you agree that the
laws of the state of New Jersey, without regard to principles of conflict
of laws, will govern these Conditions of Use and any dispute of any sort
that might arise between you and FlagHouse or its affiliates.
Any dispute relating in any way to your visit to FlagHouse at YellowBrickRoadShop.com
or to products you purchase through FlagHouse shall be submitted to confidential
arbitration in New Jersey, except that, to the extent you have in any
manner violated or threatened to violate FlagHouse's intellectual property
rights, FlagHouse may seek injunctive or other appropriate relief in
any state or federal court in the state of New Jersey, and you consent
to exclusive jurisdiction and venue in such courts. Arbitration under
this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under
this Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class arbitration proceedings
Site Policies, Modification, and Severability
also posted on this site. This policy also governs your visit to FlagHouse
at YellowBrickRoadShop.com. We reserve the right to make changes to our
conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity
and enforceability of any remaining condition.
Copyright © 2009 FlagHouse, Inc.