Terms
of Use
Please
carefully read the following Terms of Use before using the ThomasDeanCo.com Web
site (the "Site"). By accessing this Site, you agree to be bound by
these Terms of Use. These Terms of Use may be updated from time to time.
Accordingly, you should check the date of the Terms of Use (which appear at the
end of this page) and review any changes since the last version. If at any time
you do not agree to these Terms of Use, please do not use this Site.
Online
Prices and Quantity Limits
We reserve
the right at any time after receipt of your order to accept or decline your
order, or any portion thereof, even after your receipt of an order
confirmation. We reserve the right, at our sole discretion, to limit the
quantity of items purchased and/or to prohibit sales to dealers. In the event
that a product is listed at an incorrect price, we shall have the right to
refuse or cancel orders placed for the product listed at the incorrect price,
regardless of whether the order has been confirmed and/or your credit card
charged. If your credit card has already been charged for the purchase and your
order will be canceled and a refund will promptly be issued to your credit card
account in the amount of the incorrect price.
Copyright
All
content included in the Site, such as text, graphics, logos, button icons,
images, audio clips and software, is the property of Thomas Dean Co., LLC and
is protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement and assembly) of all content on the Site is the
exclusive property of ThomasDeanCo.com and protected by U.S. and international
copyright laws. All software used on the Site is the property of
ThomasDeanCo.com or its software suppliers and protected by U.S. and international
copyright laws. Permission is granted to electronically copy and print hard
copy portions of the Site for the sole purpose of placing an order on the Site
or using the Site as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication, display
or performance, of the content of the Site is strictly prohibited.
Trademarks
All
trademarks, logos, service marks and trade names are proprietary to
Thomasdeanco.com, Thomas Dean Co., LLC or respective owners that have granted
the Site the right and license to use such intellectual property.
Registration,
Accounts and Passwords
If you
register and create an account on the Site you agree to be responsible for: (i)
maintaining the confidentiality of passwords or other account identifiers which
you choose, and (ii) all activities that occur under such password or account
identifiers.
You agree
to notify Thomasdeanco.com of: (i) any loss of your password or other account
identifiers and (ii) any unauthorized use of your password or other account
identifiers. Thomasdeanco.com shall not be responsible or liable, directly or
indirectly, in any way for any loss or damage of any kind incurred as a result
of, or in connection with, your failure to comply with this section of the
Terms of Use
Disclaimer
The
information, services, products offered for sale and materials contained in
and/or advertised on the Site, including, without limitation, text, graphics
and links, are provided on an "As Is" basis with no warranty. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, THOMASDEANCO.COM AND ITS SUPPLIERS DISCLAIM
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH
INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING
FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, thomasdeanco.com
and its suppliers do not represent or warrant that the information accessible
via the Site is accurate, complete or current. We are not responsible for
typographical errors. Price and availability information is subject to change
without notice.
Product
Information
Most
products displayed on the Site are available in full-price retail stores throughout
the United States while supplies last. In some cases, merchandise displayed for
sale on the Site may not be available in stores. The prices displayed on the
Site are quoted in U.S. dollars and are valid and effective only in the United
States. The particular technical specifications and settings of your computer
and its display could affect the accuracy of its display of the colors of
products offered on the Site.
Limitation
on Liability
IN NO
EVENT SHALL THOMASDEANCO.COM OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, EVEN IF THOMASDEANCO.COM HAS BEEN PREVIOUSLY ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT,
NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE,
INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND
MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply
notwithstanding any failure of essential purpose or the existence of any
limited remedy. Because some jurisdictions do not allow limitations on how long
an implied warranty lasts, or the exclusion or limitation of liability for
consequential or incidental damages, the above limitations may not apply.
Applicable
Law
The laws
of the State of New York will govern these Terms of Use without giving effect
to any principles of conflict of law.
Last
modified: June, 02, 2009