DieCryHate

Preliminary Terms

Preliminary Terms
For Application Email Form.

By submitting this Application Email Form you agree to these Preliminary Terms, that the common law and registered trademark Die Cry Hate^® belong to D-Generation, Inc. (D-Gen), it successors and assigns without recourse, in all classes or goods and services, and that you will not use them except under license from Name Brands, Inc. (NB), its successors and assigns.

You are applying for the right to use the trademark. In exchange for the opportunity to exchange information and be evaluated for the opportunity to be accepted or approved you agree to these Preliminary Terms, full sufficiency of which as consideration to bind us to these Preliminary Terms is hereby acknowledged.

Entire Terms. These Preliminary Terms constitute the entire agreement between you and NB, and all prior and contemporaneous oral and written statements, promises, agreements and understandings are incorporated herein, and none of such are binding unless set forth herein. The Website Terms of Use are incorporated herein by reference, and shall control over any inconsistency between the two documents. If you have previously entered into another agreement with NB for another purpose, then that agreement continues separately in force and effect.

You accept the Website Terms of Use by using this site and by submitting this Application Email Form. For clarity and additional notice, some provisions of the Website Terms of Use are specifically incorporated herein by use of the phrase "As per Website Terms of Use" and where that phrase is used it means that for the topic indicated by its accompanying tagline, the comparable provision of the Website Terms of Use posted on the www.LiveLaughLoveStore.com website is incorporated by reference into the indicated place in this agreement.

• Proprietary Matters. (General Notice; Goodwill; Trademark Ownership; Affirmation of Marks). As per Website Terms of Use.
• Additional Marks. As per Website Terms of Use
• Protection of NB's Interest. As per Website Terms of Use
• Modification. As per Website Terms of Use
• Construction. As per our Website Terms of Use
• Arbitration of Disputes. As per Website Terms of Use
• Construction. As per Website Terms of Use
• No Jury. As per Website Terms of Use
• Governing Law and Venue. As per Website Terms of Use
• Corporate Entity; Release. As per Website Terms of Use

Further Forms. Your company and you yourself by completing the Application Email Form agree to execute such other forms as are necessary in furtherance of these Preliminary Terms or NB's rights set forth herein. Any arbitration proceeding demanded by NB to compel specific performance of this paragraph shall be limited to that matter only and no other subject matter may be made part of it.

Limitation Liability; Liquidated Damages. You expressly understand and agree that NB, its employees, distributors, directors, and agents will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, lost revenue, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from your application or NB evaluating you for the license for which you are requesting to apply, or accepting or declining you therefor. You agree that in no event will our maximum liability for same, together with the maximum liability of our subsidiaries, affiliates, officers, employees, agents, third party beneficiaries, reseller and reseller representatives, co-branders or other partners, under this agreement for any matter exceed an aggregate of one dollar (US$1) as liquidated damages and not as a penalty. You as your sole and exclusive remedy hereunder will only have the right to receive from us the aforesaid sum as liquidated damages.

Privacy Act. Your electronic signature on the Application Email Form constitutes a written instruction under the privacy act and any state privacy law to the Applicant's email provider and the state agency which administers your driver license to if necessary match up same to confirm your identity in the event it is does not match.

Guarantee. The person completing, and the person signing, the Application Email Form, or otherwise accepting these Preliminary Terms on your behalf or on behalf of a company applicant, personally guarantees the obligations of Applicant set forth in these Preliminary Terms

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