TERMS AND CONDITIONS OF USE,
LEGAL INFORMATION AND DISCLAIMERS
PLEASE READ THESE TERMS AND CONDITIONS
CAREFULLY BEFORE USING THIS SITE
The materials on this web site (the "Site") are provided by T.D. Retail, LLC (collectively the "Company") in connection with marketing and sale of products offered by the Company on the web site. Single copies may be downloaded subject to the provisions below under the caption "Single Copy License". Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. The Company may also make improvements, modifications and/or enhancements in the products, programs and/or services described in this information at any time without notice. By downloading any materials from this Site or otherwise using this Site, you agree to these terms and conditions of use. If you do not agree to them, do not use the Site, download any materials from it, or submit any information to the Company via the Site.
Copyright Notices
The works of authorship contained in this Site, including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by the Company, ("Site Works"). The Site Works may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company's prior written consent, except to the extent that such use constitutes "fair use" under the U.S. Copyright Act of 1976 (17 U.S.C.§107), as amended, and except for use of one copy in accordance with the license provisions below under the caption "Single Copy License."
Trademark/Service Mark Notices
All trademarks, service marks and trade names used on the Site are proprietary to the Company and/or are licensed to the Company. Such trademarks, service marks and trade names are protected by common law and/or federal trademark law and may not be used in violation of the Company's or any of its licensor's rights.
Inaccuracies or Errors
The descriptions, pictures and other representations of products, programs or services on this Site may contain inaccuracies and errors. The Company does not make any warranty or representation with respect to the accuracy or completeness of any such information.
Disclaimers
Your use of this Site is at your own risk. This Site may include inaccuracies or errors that may affect the quality of the materials on this Site. The materials have not been independently verified or authenticated in whole or in part by the Company. The Company does not warrant the accuracy or timeliness of the materials. The Company has no liability for any errors or omissions in the materials, whether provided by the Company or third parties.
INFORMATION ON THIS SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE COMPANY, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES OR CONTENT TO THIS SITE, MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE QUALITY, SUITABILITY, TRUTH, CONFIDENTIALITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, PROGRAM OR SERVICE ON THIS SITE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER WHICH MAKES THIS SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH THIS SITE OR ANY USE OF THIS SITE, OR OF ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, DAMAGES ARISING FROM VIRUSES, OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Single Copy License
The materials and other works on this Site ("Works") are copyrighted and any unauthorized use of any Works on this Site may violate copyright, trademark, and other laws. You have a limited, personal, non-exclusive and non-transferable license to use and display the Works only on your personal computer and only for purposes associated with your interaction with this Site. Except as expressly stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the Works in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms and Conditions of Use. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Site or any Works and you agree not to "frame" or "mirror" the Site, or any material contained on or accessible from this Site, on any other server or Internet-based device without the advanced written authorization of the Company. You may download one copy of the Works found on the Site on a single computer for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by the Company in writing. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Works or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Works; (c) remove any copyright or other proprietary notices from the Works; (d) transfer the Works to another person; or (e) permit any unauthorized copying of the Works. The Company, in its sole discretion, may terminate this license at any time, for cause. Upon termination for any reason, you will immediately destroy any downloaded or printed copies of the Works in your possession.
Restricted Rights
The Works are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the
Communications Submitted
Except as otherwise expressly provided herein, any material, documents, information or other communication you transmit to the Company or post to this Site ("Communications") will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications. If you transmit or post any Communications to the Site, you grant to the Company and its designees, an unrestricted, irrevocable license to copy, disclose, distribute, reproduce, perform, modify, transmit, license, sublicense, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, concepts, inventions, know-how, techniques and other things embodied therein for any and all commercial or non-commercial purposes.
Use Of Personally Identifiable Information
Information submitted to the Company by email or through forms on the Site is governed by to the Site Privacy Policy, a copy of which is available on the Site, and which is incorporated herein by this reference.
No Unlawful or Prohibited Use
As a condition of your use of this Site, you warrant to the Company that you will not use this Site for any purpose that is unlawful or that is prohibited by these Terms and Conditions of Use. You may not use this Site in any manner which could damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site. Harassment in any manner or form on this Site or through this Site is strictly forbidden. Impersonation of others on the Site is prohibited. You may not upload to, distribute, or otherwise publish through this Site any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the intellectual property or other rights of any third party, or which may otherwise give rise to liability or violate any law.
Third Party Sites
The Company makes no representations whatsoever about any other web site which you may access through this Site, whether by hyperlink or otherwise. When you access a third party web site, please understand that it is independent from the Site, and that the Company has no control over the content on that web site. The Company reserves the right to terminate any link or linking program at any time, without notice. The Company does not endorse companies or products to which it links and reserves the right to state this on its Site web pages. If you access any third party sites linked to this Site, whether by hyperlink or otherwise, you do so entirely at your own risk. It is up to you to take precautions to ensure that whatever you select for your use is free of materials of a destructive nature, such as viruses, worms, Trojan horses and similar destructive files.
Applicable Law
This Site is operated by the Company from its offices within the State of New York, United States of America. The Company makes no representation that information on the Site is appropriate or available for use in other locations, and access to the Site from locations where any such Site information is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to the Works or other Site information shall be governed by the internal substantive laws of the State of
Changes to These Terms
The Company may revise these Terms and Conditions at any time by updating this page. You should review this page, or its successor on this Site, from time to time to understand the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on other pages of this Site.
Unauthorized Activities
Submissions and unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulation and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user account, name and/or password. As such, you shall indemnify and hold the Company and its officers, directors, employees, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site or the use of the Site by any person using your account, name and/or password violates any applicable law or regulation, or the rights of any third party.
Termination/Access Restriction
The Company reserves the right, in its sole discretion, to terminate or refuse you access to this Site and the related services or any portion thereof, or to terminate your account, without notice, if the Company believes that your conduct violates these Terms and Conditions of Use, applicable law or is harmful to the interests of the Company or its other customers or Site users. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability and indemnification shall survive cessation or termination of your use of this Site.
Export Control
The
General
The Company's failure to insist upon or enforce strict performance of any provisions of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use. The Company may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.
The Company's performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of the Company's right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by the Company with respect to such use. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect. Unless otherwise specified herein, these Terms and Conditions of Use constitute the entire agreement between you and the Company with respect to this Site and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Site. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or 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.
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