Terms & Conditions
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By using www.trade-mark.com and any related subdomains, services and other sites and tools linked to Trade-mark.com (collectively, the "Site"), you agree to these Terms & Conditions and the general principles for the Site. As used in these Terms & Conditions, "Trademark", "us" or "we" refer to Trademark, LLC and its affiliates. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BFORE YOUR START USING THE SITE, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
This Site is offered and available to users who are eighteen (18) years of age or older, and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Trademark and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Trademark reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions. If you do not agree to any chance in the Terms & Conditions then you must immediately stop using the Site.
ACCURACY OF INFORMATION PROVIDED BY YOU
You may be required to register with Trademark in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or e–mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Trademark reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Trademark reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
We have the right to:
Remove or refuse to post any User comments for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TRADEMARK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE TRADEMARK/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We make available products for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product made available through the Site, you may be asked to supply certain information relevant to your transaction, including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Trademark the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply Trademark’s endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Trademark reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
Nothing on the Site constitutes a binding offer to sell products described on the Site or to make such products available in your area. Trademark reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in Trademark’s sole discretion, even after Trademark’s receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, Trademark has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Trademark will issue a credit to your credit card account.
Trademark strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, Trademark cannot guarantee that your monitor’s display of any color will be accurate.
LIMITATIONS ON QUANTITY
Trademark does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, Trademark reserves the right to limit quantities on orders placed by the same account, the same credit card, or orders that use the same billing and/or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS AND INACCURACIES
Many of our featured items are offered in limited quantities and, because of their limited availability, stock will not and cannot be refreshed. That means once an item is gone, it may be gone for good and not appear on the Site again. When an item featured on the Site is no longer in stock, we make reasonable attempts to remove that item from the Site in a timely manner. Should you have any questions concerning the availability of a particular item or its price, please contact us at firstname.lastname@example.org.
Trademark’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the price or availability of an item has been confirmed. Trademark makes a conscientious effort to describe and display its products and services accurately on the Site. If you believe a product offered by Trademark is not as described, your sole remedy is to return it to us in unused condition for a refund.
Despite all efforts, a small number of the items on the Site may be mispriced, described inaccurately or unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including prices, product images, specifications, availability and services. Trademark reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time, including after an order has been submitted, without prior notice. We apologize for any inconvenience.
SALES, SHIPPING, AND RETURNS
Trademark accepts the following credit cards: Visa, MasterCard, American Express and Discover. There is no surcharge for using your credit card to make purchases. Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed upon shipment of your order.
For a multiple product orders, we will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of Trademark’s offer to sell.
Trademark reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
We will ship your order as it becomes available. Usually, products ship the same day if ordered by 2:00 PM (Eastern Time), or by the next business day if your order is received after this time and for orders received on Saturday, Sunday or any major holiday. However, there may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order.
Trademark will keep you informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. Trademark cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. Trademark encourages you to order in a timely fashion to avoid delays caused by shipping or product availability.
Trademark will gladly accept the return of products that are defective due to defects in manufacturing and/or workmanship for ninety (90) days from the date of purchase. Fulfillment mistakes that Trademark makes resulting in the shipment of incorrect product to you will also be accepted for return ninety (90) days from the date of purchase.
Trademark shall automatically charge and withhold the applicable sales taxes.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier. The risk of loss and title of Gift Cards and e–Gift Cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.
COMMENTS / FEEDBACK
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, product designs or concepts, and other submissions disclosed, submitted or offered to Trademark using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Trademark’s property. The disclosure, submission or offer of any Comments will constitute an assignment to Trademark of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
UNLAWFUL OR PROHIBITED USES
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
Trademark specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following: i)posting any information which is incomplete, false, inaccurate or not your own; ii) engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol; iii) communicating, transmitting, or posting material that is copyrighted, trademarked, or otherwise owned by a third party unless you are the copyright or trademark owner or have the permission of the owner to post it; iv) communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner; v) communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another; vi) communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws; vii) attempting to interfere in any way with the Site's or Trademark’s networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Site.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Site.
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of Trademark or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site are the exclusive property of Trademark and protected by U.S. and international copyright laws. The Content of the Site, and the Site as a whole, is intended solely for personal, noncommercial use by the users of our Site. You may download, print, post and store selected portions of the Content for personal, noncommercial purposes, provided you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Trademark and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of Trademark’s or any third party’s intellectual property rights.
Trademark respects the intellectual property rights of others and requires that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site, please notify us by sending an email to the following address: email@example.com.
In order for Trademark to more effectively assist you, the notification must include all of the following: i) A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; ii) A description of the copyrighted work or other right you claim has been infringed or violated; iii) Information reasonably sufficient to locate the material in question on the Website; iv) Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you; v) A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
LINKS TO THIRD PARTIES’ WEBSITES
The Site may contain links to websites of third parties, including social sites and product manufacturers. Trademark is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website; Trademark strongly recommends that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by Trademark of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on this Site.
Send e-mails or other communications with certain content, or links to certain content, on this Site.
Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
DISCLAIMERS OF WARRANTIES -- GENERAL
While Trademark attempts to ensure your access and use of the Site is safe, Trademark cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TRADEMARK ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TRADEMARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM TRADEMARK ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TRADEMARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, TRADEMARK DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES, BUT YOU WOULD LOOK SOLELY TO SUCH THIRD PARTIES WITH RESPECT TO ANY SUCH REPRESENTATION AND WARRANTIES.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
Trademark is based in the state of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TRADEMARK OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, AGENTS, VENDORS OR SUPPLIERS ARE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF TRADEMARK HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
INDEMNIFICATION AND DEFENSE OF TRADEMARK
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Trademark, and its respective employees, directors, officers, agents, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site.
TIME TO FILE CLAIMS
WAIVER AND SEVERABILITY
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and Trademark with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Trademark with respect to the Site.
NO PARTNERSHIP; JOINT VENTURE
Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other.
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices.
We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about Trademark or your use of the Site, please contact us with a detailed description, and we will try to resolve it, email: firstname.lastname@example.org
Last Updated: March 15, 2017