ROBERT GRAHAM PRIVACY POLICY

Robert Graham Designs, LLC (“Robert Graham”) recognizes that you care how information about you is used and shared and respects your privacy. Your privacy is a serious matter to us. This Privacy Policy, in addition to the Terms and Conditions of Use, informs you of what information is collected on and through Robertgraham.us (the “Web Site”), how that information is collected, how we use this information, with whom we may share such information. Information collected on or through the Web Site may be collected by Robert Graham or by third-party service providers acting on our behalf. The word “we”, as used in this Privacy Policy, may include our third-party service providers, particularly with respect to the collection, use and storage of information. By accessing the Web Site you agree to be bound by this Privacy Policy.

 

Please be advised that the practices described in this Privacy Policy apply only to information gathered through the Web Site, and where applicable, through the Customer Service Department in connection with the Web Site or products purchased through the Web Site. This Privacy Policy does not necessarily reflect our practices with respect to information gathered through other web sites we may operate or through off-line means. This Privacy Policy is incorporated into, and part of, the Robert Graham Terms and Conditions of Use, which governs your use of the Web Site in general. By accessing the Web Site, you agree to be bound by this Privacy Policy.

This Privacy Policy was last updated January 15, 2010. As set forth in more detail herein, we may change or modify this Privacy Policy at any time in our sole discretion. Such change/s will be effective immediately upon posting of the change or modification on this Web Site. Please check back periodically for further updates and changes.

Please note: The servers that make the Web Site available and that store the information that is collected on or through the Web Site are located in the United States of America. This Web Site is intended for users who are located in the United States of America and is hosted and operated in the United States, pursuant to United States law. By providing Personal Information through the use of this Web Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

What Information About Me Is Collected and Stored?

For purposes of the Privacy Policy, “Personal Information” is personally identifiable information about an individual person including, but not limited to a person’s name, physical address, e-mail address, and telephone, wireless, and/or fax numbers, as more particularly described under applicable U.S. privacy laws.

We collect and store information that you provide on or through the Web Site and that you provide to our Customer Service Department in connection with your access and use of the Web Site. Though you may use portions of the Web Site without providing any Personal Information, in order to take advantage of the full capabilities of the Web Site, you will be required to provide certain Personal Information. For example, you must provide Personal Information in order to place an order or to register for an account on or through the Web Site and we may request your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; demographic information and/or other information that may identify you as an individual or allow online or offline contact with you as an individual.

In addition, you may provide certain Personal Information about third parties on or through the Web Site. For example, you must provide us with Personal Information about a third party when you request that we ship an order to a third party or request that we send your information to a third party. The information collected regarding a third party may include that third party’s name, address, phone number, fax number, e-mail address, physical address, and other similar information.

If you provide Personal Information to us, including Personal Information about individuals other than yourself, you represent and warrant that: (i) you have the authority to provide that Personal Information and to grant us the right to use that Personal Information consistently with this Privacy Policy, (ii) you have provided that Personal Information voluntarily, and (iii) you consent to the use of that personal Information in the manner indicated by this Privacy Policy. If you provide a third party’s e-mail address to us, you represent and warrant that you have the consent of that third party to provide his/her email address to us.

Aggregate and Automatically Collected Information

We may collect and store certain other non-personally identifiable information automatically whenever you interact with the Web Site. For example, we may collect your Internet Protocol (IP) address, browser information and reference site domain name when you visit the Web Site.

Use of Cookies/Web Beacons

Like many other web sites, we may collect information regarding customer traffic patterns and site usage by using cookies, web beacons and related technologies. We use the information gathered from cookies, web beacons and related technologies to analyze and understand how the Web Site is used and to enhance your visits to the Web Site. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, and (iv) save your password so you do not have to provide it each time you visit the Web Site. “Cookies” are small text files that a web site sends to a user’s hard drive through the browser fro data storage. Most browsers accept cookies automatically, however, can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie. Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Web Site. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Web Site.

We may use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use our Web Site and the effectiveness of our Web Site and promotion in order to help us improve and optimize our Web Site and the products and services we offer. Those third-parties may place web beacons or pixel tags on certain pages of our Web Site or use cookies in order to facilitate collection of information regarding your use of the Web Site each time you visit the Web Site.

In addition, some of our e-mail communications to you may include a “click-through URL” linked to a particular page on the Web Site. By clicking on one of the URLs, you will automatically enter our Web Site and we may collect information related to the “click-through”. You may avoid having this information collected by not clicking on URL links in our e-mail communications.

How is Information Used and Disclosed?

Personal Information:

Personal Information collected on or through this Web Site is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. If you sign up to our e-mail list or otherwise opt-in to receive promotional communications in connection with this Web Site, we may also use the Personal Information you provide to contact you about sales, special offers and new site features and to send you other promotional communications. You may manage your preferences as described below.

If you request us to ship products to a third party and we are able to determine the information you provided pertains to a third party, we will use the Personal Information you provide regarding that third party only to process and ship the product to that third party and to confirm shipment. In addition, we may retain that Personal Information as reasonably necessary to appropriately document our business activities and for archival and record retention purposes.

Aggregate and Automatically collected Information:

Automatically collected information is used to analyze and improve this Web Site, gauge the effectiveness of our email communications and your level of interest in particular areas and to provide our customers with a fulfilling shopping experience.

We may on occasion combine information we received through this Web Site with information obtained from other sources and outside records to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user. Aggregate information is non-personally identifiable/anonymous information about you, such as age, gender, types of products purchased, pages you access most frequently or search terms you enter. Aggregate information is used in a collective manner, and no single person can be identified by that compiled information. For example, the number of people who visit our Web Site who are 25 years of age is aggregate information that does not personally identify a specific user.

With Whom is Information Shared?

Except with your consent or as described in this Privacy Policy, we do not sell, rent or share with third parties any Personal Information that you provide to use on or through this Web Site or through the Customer Service Department in connection with this Web Site.

We may share Personal Information you provide to us with certain third parties that perform services on our behalf. The services provided by those third parties may include operating this Web Site, hosting this Web Site, providing the products and services you request through this Web Site, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, Web Site evaluation, data analysis and, where applicable, data cleansing. Those third parties are not authorized to use or disclose Personal Information you provide to us or through this Web Site for any purpose other than to perform the services designated by us.

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required by law in our good faith belief, including but not limited to in response to court orders and subpoenas and as otherwise required in connection with a judicial or government proceeding or legal process. We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities or to verify or enforce compliance with the terms of use and policies that govern our Web Site or as otherwise required or permitted by law or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public. Robert Graham cooperates with law enforcement inquiries and other third parties to enforce laws, intellectual property rights and other rights. In addition, the Personal Information you provide to use may be transferred as an asset in connection with a merger or sale involving all or part of Robert Graham or as part of a corporate reorganization, stock sale or other change of control.

Children and Privacy

This Web Site is a general audience web site and is not directed for use by children. We will never knowingly request personally identifiable information from anyone under the age of 13 (18 in the state of Maine) without prior verifiable parental consent when legally required. If you are under the age of 13 you should not provide any Personal Information to us and you should use this Web Site only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided Personal information on or through this Web Site, please contact us as set forth below. If we become aware that a customer is under the age of 13 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

What Steps Are Taken to Keep Personal Information Secure?

The security of your information is important to us. The Web Site employs various technical and security measures designed to help protect the Personal Information we collect about you. We have instituted security procedures and measures to protect our servers and networks that store Personal Information. Robert Graham will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site. However, no transmission of data over the Internet is guaranteed to be completely secure due to the inherent nature of the Internet, and we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care will be absolutely safe from intrusion by others. It may be possible for third parties not under the control of Robert Graham to intercept or access transmissions or private communications unlawfully. While we strive to protect your personal information, Robert Graham cannot ensure or warrant the security of any information you transmit to us. Any such transmission is done at your own risk.

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development. If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail. You consent to our use of e-mail as a means of such notification.

In order to help protect Personal Information you provide to us, you should (i) not share your password or account information with others, (ii) use a secure web browser, and (iii) change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us as set forth below.

How Can I Access, Correct and Update Personal Information?

You may review the Personal Information that is stored in your user account on this Web Site by contacting us at Robert Graham Designs, LLC, Attn: Webmaster, 264 West 40th Street, 14th Floor, New York, NY 10018. We will send you a copy of the Personal Information we have on file in your user account (if any). You may provide us new or updated information at any time. We will endeavor to respond to your request to access, update or delete your information as soon as practicable. Before we are able to provide you with any information, correct any inaccuracies, or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

You may also access, correct and update certain Personal Information that you have provided to us by clicking on the “Manage Your Account” feature of the Web Site and following the instruction set forth therein or by contacting us with your request as set forth below.

We reserve the right to retain any Personal Information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy.

Can I Indicate Whether or Not I Want to Receive Promotional Communications?There are several ways in which you can tell us whether or not you want to receive promotional communications from us or “opt-out” of certain of our uses of your Personal Information. For example, at the time you are requested to provide Personal Information on this Web Site, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities for their marketing purposes. When you set-up an account or click on the “Manage Your Account” area of the Web Site, you will have an opportunity to make or change your selections in this regard. We may share your Personal Information with other entities affiliated with or related to Robert Graham for their own marketing purposes without your permission.

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Robert Graham (unless and until you have elected not to receive such messages by clicking on an opt-out link within any e-mail you may receive from us. You understand that your wireless carrier’s standard rates apply to these messages. You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.

You may opt-out of Robert Graham’ promotional e-mails by clicking on an opt-out link within any e-mail you may receive from us.

Please note that even though you may opt-out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, and communications with us. Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request. In these cases, you will need to contact that entity directly.

Surveys, Contests, and Sweepstakes

We may collect Personal Information from users of our Web Site, for example, through such user activities and completion of any online forms on our Web Site. Such information is collected, for example, when users register or subscribe for features on our Web Site, enter sweepstakes and contests, complete surveys, submits a comment or question to us using a “contact us” or similar feature on our Web Site, sends us an e-mail, or in any other way submits Personal Information to us via our Web Site. In the event we conduct surveys or run a contest or sweepstakes, a set of rules or terms governing the survey, contest or sweepstakes will be provided. The rules or terms for each survey, contest or sweepstakes will specify how the information gathered from you in connection with the survey, contest or sweepstakes will be used and disclosed and otherwise govern your participation in the survey, contest or sweepstakes. Please read such rules carefully before participating in or entering any survey, contest or sweepstakes relating to this Web Site.

What Happens When I Link To or From Another Web Site?

When you are on our Web Site you may have the opportunity to visit or link to, other sites not operated by Robert Graham including other web sites operated by our affiliates or by unaffiliated third parties. These sites may collect Personal Information about you. Robert Graham does not control sites that are operated by these entities and is not responsible for the information practices of these sites. Please be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of linked web sites or the owners or operators of those linked web sites.

We reserve the right, in our sole discretion, to revise, change, modify, or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this by posting such changed or updated Privacy Policy on this page. Any changes or updates will be effective immediately upon posting to this Web Site. Under certain circumstances (for example, if we would like to use your Personal Information in a manner different from that stated in our Privacy Policy at the time of collection), we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as by sending you an e-mail.

If you have any questions or comments concerning your privacy or the Privacy Policy, you may contact us at Robert Graham Designs, LLC, Attn: Webmaster, 264 West 40th Street, 14th Floor, New York, NY 10018.

TERMS AND CONDITIONS OF USE

Welcome to Robertgraham.us’s Terms and Conditions of Use. These Terms and Conditions of Use apply to and govern your use of the Robert Graham web site, which is available at http://www.Robertgraham.us (the “Web Site”). PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. Your use of the Web Site in any form signifies your unconditional acceptance of and agreement to be bound by these Terms and Conditions of Use. If you do not agree to be bound by these Terms and Conditions of Use, you may not access or otherwise use the Web Site. Robertgraham.us’s Internet Privacy Policy addresses the policy of Robert Graham with regard to the use and release of information collected from you when you use the Web Site.

Limited Right to Use the Web Site

Robert Graham grants you a non-exclusive, non-transferable, limited right to access, use and display the Web Site and the materials thereon for your personal use only, provided that you comply fully with these Terms and Conditions of Use. You shall not interfere or attempt to interfere with the operation of the Web Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use.

Changes to Terms and Conditions

Robert Graham reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions of Use, in whole or in part, at any time. Changes in these Terms and Conditions of Use will be effective when posted. You agree to review these Terms and Conditions of Use periodically in order to be aware of any changes. Your continued use of the Web Site after any changes to these Terms and Conditions of Use are posted will be considered acceptance of those changes.

Ownership And Restrictions

Robert Graham owns, controls, licenses or has the right to use and provide the Web Site and all material on the Web Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the “Content”). The Web Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Robert Graham is the owner of the copyright in the entire Web Site. Robert Graham owns a copyright in the selection, coordination, arrangement and enhancement of the Web Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Web Site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Web Site or any portion thereof for any public or commercial use without the express written permission of Robert Graham. You may download a copy of Content from the Web Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Robert Graham and its affiliates or the copyright holder identified in the individual Content’s copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. In the event of any permitted copying, redistribution or publication of material from the Web Site, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of Robert Graham and its affiliates and Content owners by viewing Robert Graham’ Copyright and Trademark Notices.

Changes to Web Site or Content

Robert Graham shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Web Site, including but not limited to Content, features, or hours of availability. Robert Graham may also impose limits on certain features and services or restrict your access to parts, or the entire Web Site without notice or liability.

Monitoring, Editing and Disclosure of User Material

You agree that Robert Graham has the right, but not the obligation, to monitor all material on the Web Site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions of Use and any other operating rules that Robert Graham may establish from time to time. Notwithstanding this right of Robert Graham, Robert Graham does not and cannot review all materials posted to the Web Site by users, and Robert Graham is not responsible for any such materials posted by users. By using the Web Site, you agree not to post or transmit any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil law or in equity. In addition to any remedies that we may have a law or in equity, Robert Graham reserves the right at all times to edit, disclose, refuse to post, request removal of, remove, or take any action we reasonably deem necessary to cure or prevent such violation or as may be necessary to comply with any law, regulation or government or agency request or if, in Robert Graham’ sole discretion, such materials are objectionable or in violation of these Terms and Conditions of Use.

Indemnification

You shall indemnify, defend and hold harmless Robert Graham, its parent, affiliates, subsidiaries and their respective officers, directors, agents, employees, content providers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any matter, claim or lawsuit arising out of, based upon, or resulting from your use of the Web Site. Robert Graham reserves the right, at its own expense, to assume the exclusive defense and control of any such matter, claim or lawsuit otherwise subject to indemnification by you and you shall not in any event settle the same without the written consent of Robert Graham.

Links to Other Web Sites

The Web Site contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Web Site. Robert Graham disclaims all responsibility or liability in connection with materials of third parties accessible through Robertgraham.us. Links to and from any site to other third party sites, maintained by third parties, do not constitute an endorsement by Robert Graham or any of its subsidiaries and affiliates of any third party resources or their contents. Links do not imply that Robert Graham or the Web Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of Robert Graham or any of its affiliates. You should direct any concerns regarding any external link to the Robert Graham Web Site Administrator. Robert Graham does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Robert Graham reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site.

Disclaimer of Warranties and Damages; Limitation of Liability

THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Robert Graham NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE WEB SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEB SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEB SITE OR ANY LINKED SITE. Robert Graham, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEB SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO Robert Graham’, ITS PARENT’S, SUBSIDIARIES’, AFFILIATES’, AGENTS’ OR CONTENT PROVIDER’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY MATERIALS ON THE WEB SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE WEB SITE.

UNDER NO CIRCUMSTANCES SHALL Robert Graham, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE WEB SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN 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 NO EVENT SHALL THE TOTAL LIABILITY OF Robert Graham, ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS OR CONTENT PROVIDERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, $100.00.

Robert Graham’ Rights to Materials Provided by Users

Robert Graham welcomes your comments regarding our services, including the Web Site. However, any or all material and information provided by you to the Web Site may be included in a database owned by Robert Graham, its parent, subsidiaries, and/or affiliates in which Robert Graham has rights and interest, including but not limited to the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Web Site to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to or within the Web Site, you grant to Robert Graham a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or materials contained in such Communications, in all media now known or hereafter developed and warrant that such information is not owned by a third party and that you have all rights necessary to grant such license to Robert Graham . This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Robert Graham of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Robert Graham for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Robert Graham is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material

You acknowledge that transmissions to and from this Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Robert Graham or the Web Site, no confidential, fiduciary, contractually implied or other relationship is created between you and Robert Graham, its parent, affiliates, subsidiaries, or agents other than pursuant to these Terms and Conditions of Use. Robert Graham shall not be responsible for the payment of any monies to any party in connection with Robert Graham’ use of Communications submitted by you to the Web Site.

Non-United States Residents

Robert Graham makes no representation that any materials in the Web Site, including any copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Web Site from other locations outside of the U.S. do so at their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Entire Agreement

These terms and conditions of use constitute the entire agreement between you and Robert Graham with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Robert Graham of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Choice of Law and Jurisdiction

These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions of Use shall be governed by and construed in accordance with, and the Web Site shall be protected pursuant to the laws of the State of New York, without giving effect to any principles of conflicts of laws. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions of Use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. A printed version of the Terms and Conditions of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions of use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect.