Conditions of Use
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS SITE. We maintain this web site as a service to our customers,
and by using our site you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms and conditions carefully, and check them
periodically for changes. If you do not agree to the terms and conditions, you should not
review information or obtain goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S.
RESIDENT IN ORDER TO PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this
Terms and Conditions of use Agreement ("Agreement") with respect to our site
(the "Site"). This Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to the Site, the
content, products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended by us at any time and
from time to time without specific notice to you. The latest Agreement will be
posted on the Site, and you should review this Agreement prior to using the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected
under applicable copyrights, trademarks, registered trademarks and other
proprietary (including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part of the
Site, except as allowed by Section 4, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the
Site. The posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials.
3. Fraud: By becoming a member, you confirm that the information provided in this
form is true and that you agree to abide by the Terms and Conditions of use of
this site. Please note that your membership can be cancelled without notice if it is
determined that false or misleading information has been provided, the Terms and
Conditions of use have been violated, or other abuses have occurred as
determined by “Insert your company name here” in its sole discretion. If
membership has been revoked, “Insert your company name here” reserves the
right to refuse application or readmission to the membership program.
4. Limited Right to Use. The viewing, printing or downloading of any content,
graphic, form or document from the Site grants you only a limited, nonexclusive
license for use solely by you for your own personal use and not for republication,
distribution, assignment, sublicense, sale, preparation of derivative works or other
use. No part of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or mechanical,
other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site, including this Agreement, without further notice to users of the Site.
6. Indemnification. You agree to indemnify, defend and hold us and our partners,
attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any
liability, loss, claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or
right given to you to obtain information or documents is not transferable and may
only be used by you.
8. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE
PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A
LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF
PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH
OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION
OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE
INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL
CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT
EXPRESSLY STATED IN THIS AGREEMENT.
9. Limits. All responsibility or liability for any damages caused by viruses contained
within the electronic file containing the form or document is disclaimed. WE
WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM
USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you
under all circumstances will be equal to the purchase price you pay for any goods,
services or information.
10. Use of Information. We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
11. Third-Party Services. We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain certain goods or
services. You understand that we do not operate or control the products or
services offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party to the
transactions entered into between you and Merchants. YOU AGREE THAT USE
OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT
WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR
PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR
FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
12. Third-Party Merchant Policies. All rules, policies (including privacy policies)
and operating procedures of Merchants will apply to you while on such sites. We
are not responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to make
any representations or commitments on behalf of the other.
13. Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of this
Agreement.
14. Payments. You represent and warrant that if you are purchasing something from
us or from our Merchants that (i) any credit card information you supply is true,
correct and complete, (i) charges incurred by you will be honored by your credit
card company, and (iii) you will pay the charges incurred by you at the posted
prices, including any shipping fees and applicable taxes.
15. Securities Laws. This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and
demand for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are based upon
a number of assumptions and estimates which are subject to significant
uncertainties, many of which are beyond our control. When used on our Site,
words like "anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute an
offer or a solicitation of an offer for sale of any securities. None of the
information contained herein is intended to be, and shall not be deemed to be,
incorporated into any of our securities-related filings or documents.
16. Links to Other Web Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites, and
such Web sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not imply
approval or endorsement of the linked Web site by us. If you decide to leave our
Site and access these third-party sites, you do so at your own risk.
17. Submissions. All suggestions, ideas, notes, concepts and other information you
may from time to time send to us (collectively, "Submissions") shall be deemed
and shall remain our sole property and shall not be subject to any obligation of
confidence on our part. Without limiting the foregoing, we shall be deemed to
own all known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions for any
purpose, without compensation to the provider of the Submissions.
18. Return Policy. Please see our Shipping and Returns page for information
19. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR
PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS
AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE
LITIGATED IN THE CIRCUIT COURT OF Outagamie County, Wisconsin,
OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF Wisconsin
YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE
TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF
SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT DePere, Wisconsin
OR THE DISTRICT OF Wisconsin IS AN INCONVENIENT FORUM OR
AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created
and controlled by “Twotone, LLC, in the State of Wisconsin, USA. As such, the laws of
Wisconsin will govern the terms and conditions contained in this Agreement and elsewhere
throughout the Site,without giving effect to any principles of conflicts of laws.
20. Lapsed Accounts: In order to keep Twotone, LLC membership roster current, if a
Member does not access his or her account for a period of 365 days
or more, Twotone, LLC may, in its sole discretion, terminate such Member's account.
Twotone, LLC will endeavor to notify a Member of Twotone, LLC's intent to terminate
such Member's account by notice to such Member's provided email address at least 5 days
prior to deactivation. If the Member fails to respond to such email notice with 5 days after the
day it is sent by Twotone, LLC, such Member's account will be terminated as noted above.
Therefore, Twotone, LLC strongly recommends that all Members keep their accounts and
contact data current and in use. While Twotone, LLC desires to prevent active accounts
from being terminated prematurely, “Twotone, LLC has no obligation to maintain accounts
that appear to Twotone, LLC to have been abandoned. Each Member agrees that
failure to access his or her account for 365 days or more conclusively indicates that such
Member's account has been abandoned and that the account may therefore be terminated.
21. Verify Members' Address: Twotone, LLC reserves the right to contact a Member
via email to verify the accuracy of account information (including the Member's correct name
and address) that is needed to provide the Member with the information he or she requested
from Twotone, LLC. |