DISCLAIMER AND NSFW
COMPREHENSIVE LIABILITY DISCLAIMER FOR BE THE PALM LLC
Effective Date: MARCH 3RD 2025
By purchasing or using products (including but not limited to stickers, car wraps, decals, clothing, mugs, posters, glassware, pet products, home decor, hats, bumper stickers, and related items) from BE THE PALM LLC ("Company," "we," "us," or "our"), our third-party vendors, representatives, or affiliates, you ("Customer," "you," or "your") agree to the following terms. This disclaimer governs all liabilities arising from the use of our products. Read this document carefully before purchase, use, or display.
1. GENERAL USE & LIABILITY WAIVER
Our products are intended for personal or business use under lawful and appropriate conditions. By purchasing or using our products, you acknowledge and agree:
- Third-Party Vendors: BE THE PALM LLC works with licensed third-party vendors (authorized through written agreements) and unlicensed third parties (unauthorized resellers).
- Licensed Vendors: Only vendors with explicit written permission from BE THE PALM LLC are authorized to resell, distribute, or print our products.
- Unlicensed Vendors: Purchasing from unlicensed vendors is at your own risk. We are not liable for product quality, authenticity, or misuse by unauthorized sellers.
- Age Restriction: Products containing explicit, provocative, politically charged, or Not Safe for Work (NSFW) content are intended for individuals aged 18 and over.
- No Liability for Damages: BE THE PALM LLC is not liable for any direct, indirect, incidental, or consequential damage, harm, loss, injury, allergic reaction, legal consequences, or costs arising from the use, display, or misuse of our products.
- "As-Is" Products: All products are sold "as-is" with no warranties, express or implied, regarding quality, safety, durability, or compatibility.
2. INTELLECTUAL PROPERTY & THIRD-PARTY CONTENT
# 2.1 Ownership of IP
- All graphics, designs, logos, slogans, artwork, product names, and branding elements (collectively, "IP") are the sole property of BE THE PALM LLC.
- Unauthorized Use: No third party (licensed or unlicensed) may reproduce, resell, or modify our IP without written permission.
# 2.2 Licensed Third-Party Vendors
- Licensed vendors must adhere to strict guidelines for product quality, branding, and content use.
- User Content Restrictions: Licensed vendors may not create derivative works, alter designs, or use our IP in unauthorized contexts without written approval.
# 2.3 Unlicensed Third-Party Vendors
- Unlicensed vendors are prohibited from using our IP, including printing, reselling, or distributing products bearing our designs, logos, or slogans.
- Purchases from unlicensed vendors are not guaranteed for quality, safety, or authenticity.
# 2.4 User-Generated Content
- Third-party vendors or users creating content (e.g., custom designs) using our IP without written permission are liable for infringement.
- BE THE PALM LLC is not responsible for unauthorized user-generated content or its consequences.
3. CONTENT & OFFENSIVE MATERIAL DISCLAIMER
- Politically, Culturally, or Socially Offensive Content: Certain designs may contain politically charged, controversial, or divisive messaging, imagery, or themes. These products may offend individuals or groups based on political affiliations, ideologies, or beliefs.
- NSFW or Explicit Content: Products may also include explicit, provocative, or culturally/religiously sensitive visuals, language, or themes.
- Public Confrontation Risks: Displaying or using politically charged, NSFW, or offensive products may provoke confrontations, arguments, harassment, or physical altercations with third parties. You assume all risks of negative reactions, including:
- Verbal disputes, threats, or violence.
- Legal action (e.g., defamation, hate speech, assault charges).
- Damage to personal or professional reputation.
- Loss of employment, income, educational opportunities, or community standing.
4. PROHIBITED DISPLAY/USE LOCATIONS
You agree not to use our products in settings where they may escalate tensions or violate laws, including but not limited to:
- Political Events: Protests, rallies, government buildings, or voting booths.
- Workplaces or Schools: Environments where political messaging may disrupt operations.
- Communities or Public Spaces: Areas with heightened political sensitivities or cultural divides.
5. LEGAL WAIVER & RELEASE OF LIABILITY
By purchasing or using our products, you irrevocably waive and release BE THE PALM LLC, its owners, employees, third-party vendors, representatives, and affiliates from all claims, liabilities, damages, or expenses related to:
- Damage to property (personal, business, public, or third-party).
- Injury, allergic reactions, harm to individuals, animals, or plants.
- Legal penalties, fines, incarceration, or disputes from misuse or offensive content.
- Physical altercations, medical bills, or therapy costs stemming from public confrontations.
- Loss of income, employment, education, or relationships due to product content.
- Political backlash, boycotts, or reputational harm caused by the display of politically charged messaging.
- Unauthorized use of IP by licensed or unlicensed vendors.
- Poor quality, misrepresentation, or harm caused by unlicensed vendors.
- Legal disputes over user-generated content or derivative works.
6. ACKNOWLEDGMENT
By using BE THE PALM LLC products, you confirm that:
- You are at least 18 years old for NSFW or politically sensitive items and assume all risks of use.
- You understand products may provoke irreparable harm (e.g., reputational damage, legal consequences, physical harm).
- You agree to use, display, and purchase at your own risk.
- You will only purchase from licensed vendors with written authorization.
- You assume all risks of buying from unlicensed third parties.
- You will not reproduce, resell, or modify our IP without written consent.
- You release BE THE PALM LLC and its third-party vendors from all liability.
- You acknowledge our IP is protected and agree not to infringe upon it.
CONTACT INFORMATION
For licensing inquiries or concerns, contact:
BE THE PALM LLC
📧 Email: contact@bethepalm.com
📍 State of Incorporation: Nevada, United States
Slogan: *"BE THE PALM™ – It's All Wind!"*
This disclaimer is legally binding. Use our products responsibly.
© BE THE PALM LLC. All rights reserved.