Terms of Use

The following terms and conditions govern all use of the neckmike.us website and all content, services and products available at or through the website, including, but not limited to, neckmike.us, and store.neckmike.us, (taken together, the Website). The Website is owned and operated by Neckmike, LLC (“Neckmike”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Neckmike’s Privacy Policy) and procedures that may be published from time to time on this Site by Neckmike (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Neckmike, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Neckmike may modify these Terms of Use at any time by updating this posting. You are bound by any such modification and should therefore visit this page periodically to review these Terms of Use.

Use of Content
The content contained on the Website, such as text, graphics, images, audio, video and other material, as well as the domain names, tagline, organization and look-and-feel (collectively, the “Content”), is protected by copyright, trademark and other such laws in the United States and foreign countries, and is owned or controlled by Neckmike or by third parties that have licensed their Content to Neckmike.

Unauthorized use of the Content may violate copyright, trademark, and other laws. Where the Website is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that (a) you retain all copyright and other proprietary notices contained in the original Content, (b) you may not sell or modify the Content or reproduce, display, publicly perform, distribute, or otherwise use the Content in any way for any public or commercial purpose without the prior written permission of Neckmike, and (c) you may not use the Content in a manner that suggests an association with any of our products, services or brand.

The use of the Content on any other Web site or in a networked computer environment for any purpose is prohibited, without the express written permission of Neckmike. The trademarks, logos and service marks (the “Marks”) displayed on the Website are owned by Neckmike or third parties. You are prohibited from use of those Marks without the express, written permission of Neckmike or such third party. If you would like information about obtaining Neckmike’s permission to use the Content on your Web site, e-mail webmaster@necmike.us.

Your Customer Account
If you create an account on the Website, you are responsible for all activities that occur under the account and any other actions taken in connection with the account including orders, returns, exchanges, and modifications to personal information. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, address, etc.

You must immediately notify Neckmike of any unauthorized uses of your account, or any other breaches of security. Neckmike will not be liable for any acts or omissions by You, including any damages or losses of any kind incurred as a result of such acts or omissions.

We may suspend or terminate your account and your ability to use the Website or portion thereof for failure to comply with these Terms of Use.

Neckmike’s Liability
Neckmike makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of the Content or about the results to be obtained from using the Website. Any use of the Website and the Content is at your own risk. Changes are periodically made to Website and may be made at any time. Some Content on the Website may be provided by third parties and Neckmike will not be held responsible for any such Content provided by third parties.

NECKMIKE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE NECKMIKE WEBSITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. YOU ARE RESPONSIBLE FOR TAKING PRECAUTIONS AS NECESSARY TO PROTECT YOURSELF AND YOUR COMPUTER SYSTEMS FROM VIRUSES, WORMS, TROJAN HORSES, AND OTHER HARMFUL OR DESTRUCTIVE CONTENT. IF YOUR USE OF THE NECKMIKE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR LOSS OF PROFITS OR DATA, NECKMIKE WILL NOT BE RESPONSIBLE FOR THOSE COSTS.

THE NECKMIKE WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NECKMIKE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.

Disclaimer of Certain Damages
Your use of the Website is at your own risk. If you are dissatisfied with any of the Content or with these Terms and Conditions, your sole remedy is to discontinue use of the Website. IN NO EVENT WILL NECKMIKE OR ANY THIRD PARTIES MENTIONED AT THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NECKMIKE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.

Links to Other Sites
The Website may contain links to third party sites that are maintained by others. Any such links are provided solely as a convenience to you and not as an endorsement by Neckmike of the contents on such third-party web sites. Neckmike is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third-party sites or the privacy practices of such third parties. If you decide to access linked third-party sites, you do so at your own risk.

Indemnity
You agree to defend, indemnify, and hold harmless Neckmike, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of these Terms of Use.

Copyright Policy
Neckmike respects the intellectual property rights of others. If you believe that material located on or linked to by the Neckmike Website violates your copyright, you are encouraged to notify Neckmike in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, including a representative list of such works on Website, if applicable.
• 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.
• Information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.

Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Email: webmaster@neckmike.us

By Mail:
DMCA Designated Agent
Neckmike USA
18460 S. Ridgeview Road
Olathe, KS 66062

General
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Neckmike Website will be construed in accordance with and determined by the laws of the State of Kansas applicable to contracts entered into and performed within the State of Kansas without respect to its conflict of laws principles. By using the Neckmike Website, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Website is the United States District Court for the District of Kansas, or any Kansas State court sitting in Johnson County. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Neckmike Website from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Terms of Use will be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of: Any European Union country
Governing law and forum: Swedish laws; Stockholm, Sweden

In the event of a complaint, or to request further information, the provider may be contacted by e-mail at webmaster@neckmike.us.