Terms and Conditions of Use for Tasseltoppers.com
Tassel Toppers, LLC (the “Company”) and its website, tasseltoppers.com (the “Site”) provides its products and services to you subject to the following conditions. Please read these Terms and Conditions (the “Terms”) carefully before accessing or using the Site. By accessing, registering for or using the Site, or purchasing products through the Site, you agree to be bound by these Terms and Conditions, which are as follows: Where appropriate, Tassel Toppers, LLC, is referred to below as “Tassel Toppers,” “we,” “us,” “our,” or “Company.” The term “you” refers to the user or viewer of our website.
PERMISSIBLE USE OF WEBSITE
You agree that: (a) Your use of TASSELTOPPERS.COM is subject to and governed by these terms and conditions; (b) Only persons at least 18 years of age may access or use TASSELTOPPERS.COM and transact business with Tassel; (c) You will comply with and be bound by these terms and conditions in their then-current form as they appear on TASSELTOPPERS.COM each time you access and use TASSELTOPPERS.COM; (d) Each visit to TASSELTOPPERS.COM by you indicates and confirms your assent to and agreement to be bound by our terms and conditions; and (e) These terms and conditions are a legally binding and enforceable agreement between yourself and Tassel Toppers. You agree not to use or attempt to use TASSELTOPPERS.COM for any purpose that: (a) is any way unauthorized, unlawful or prohibited, or that is harmful or destructive to Tassel Toppers or any third party; (b) transmits any advertisements, solicitations, schemes, spam, flooding, unsolicited e-mail, or other unsolicited commercial communications; (c) transmits any harmful or disabling computer codes, spyware, adware or viruses; (d) interferes with Tassel Topper’s network services; (e) attempts to gain unauthorized access to Tassel Toppers’ network services or proprietary information; (f) impairs or limits Tassel Toppers’ ability to operate TASSELTOPPERS.COM or any other person’s ability to access and use TASSELTOPPERS.COM; (g) uses any methods, means, or devices to access TASSELTOPPERS.COM or cause access to TASSELTOPPERS.COM for purposes of manipulating the results of any Internet search engine, or for any other purpose other than conducting business with Tassel Toppers; (h) unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity; (i) harms minors in any way, including, but not limited to, uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct; (j) uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images; (k) harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities; (l) dilutes or depreciates the name and reputation of Tassel Toppers or any of its officers, agents, representatives or affiliates; (m) uploads any content or images that infringes any third party’s intellectual property rights or infringes any third party’s right of privacy; and/or (n) unlawfully uploads any confidential, proprietary or trade secret information.
REVOCATION OF USE RIGHTS
Tassel Toppers reserves the right at all times, in its sole and absolute discretion and without notice to you, to deny your access to and use of TASSELTOPPERS.COM. You may not use TASSELTOPPERS.COM or any affiliated Website to transmit unsolicited e-mail to this site or to anyone whose e-mail address is included under the domain name of TASSELTOPPERS.COM or any affiliated Website. You agree and acknowledge that it is your sole responsibility and liability, to provide, obtain and maintain all of the hardware, software, electrical power, telecommunications, Internet services, and other products or services necessary to access and use TASSELTOPPERS.COM.
INTELLECTUAL PROPERTY RIGHTS
The marks appearing on TASSELTOPPERS.COM or any affiliated Website, including, but not limited to, TASSEL TOPPERS® and Tassel Toppers’ respective logos, emblems, slogans, trade dress and designs are trademarks and/or service marks of Tassel Toppers LLC (the “Marks”). You agree not to use or otherwise appropriate any of Tassel Toppers’ Marks appearing on or in association with TASSELTOPPERS.COM or any affiliated Website. You will further indemnify Tassel Toppers against any loss or damage accruing to it as a result of your unauthorized use of the Tassel Topper Marks, including the payment of any attorney’s fees. Any third-party trademarks and/or service marks appearing on TASSELTOPPERS.COM are the property of their respective owners and may not be used without the express permission of those respective owners. You agree not to use or otherwise appropriate any third-party trademarks or service marks appearing on or in association with TASSELTOPPERS.COM, and you assume any and all liability associated with any unauthorized use. You will further indemnify Tassel Toppers against any loss or damage accruing to it as a result of any unauthorized use, including the payment of any attorney’s fees. You further acknowledge and agree that: (a) all Marks, source code, calculations, products, materials, data, information, text, screens, functionality, services, design, layout, screen interfaces, the “look and feel”, and the operation of TASSELTOPPERS.COM (the “Website Content”) are protected by various intellectual property laws in the United States and abroad, including, but not limited to, copyright law, trademark law, and common law principles of trade secret and trade dress; (b) Tassel Toppers has applied for United States patent registration covering both the process and the product developed by Tassel Toppers by means of application Serial No. 13193880. Both the process and the product are protected by United States and applicable international patent law; (c) all rights associated with the Website Content are owned by Tassel Toppers, its licensors, or third-party content providers. Furthermore, you acknowledge and agree that you do not acquire any ownership rights by downloading or viewing any Website Content. You further acknowledge and agree that you will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Website Content. You may not use the Website Content, domain names (in whole or in part), or e-mail addresses related to or derived from TASSELTOPPERS.COM, nor any data, trademarks, functionality, service marks, trade names, brand names and/or logos contained within or derived from TASSELTOPPERS.COM, for any purpose; meaning that you may not, among other prohibited uses, use any Website Content, domain names, e-mail addresses, data, trademarks, service marks, trade names, brand names and/or logos on or derived from TASSELTOPPERS.COM: (a) in or as any meta-tag or hidden text; (b) in or as part of any contextual marketing directory, index, or triggering term; (c) as content or advertising related to any other website including, but not limited to, critical, comparative, or informational websites; and/or (d) as a variable or data element in any algorithm that causes another Internet browser to appear on, over, or at the same time as TASSELTOPPERS.COM or controls the content of any other Internet browser window.
DESIGNS
As used herein, the term “Design” denoted a personalized Tassel Topper design created on the www.tasseltoppers.com website. By submitting a Design to Tassel Toppers website, you are granting to Tassel Toppers a perpetual, non-exclusive, non-transferable, worldwide, fully paid-up, royalty free license, with right to sublicense, in the Design. Tassel Toppers may use the Design for any purpose of its choosing, including modifying or displaying the Design at its discretion. Further, you acknowledge and agree that you have no moral or other artistic rights in the Design. By submitting a Design, you are expressly acknowledging that your Design does not infringe on the intellectual property rights or other right of any third-party. You agree to indemnify and hold harmless Tassel Toppers LLC for any Design submitted that infringes on the intellectual or other property rights of any third party.
DIGITAL MILLENNIUM COPYRIGHT ACT
Tassel Toppers is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on TASSELTOPPERS.COM infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on TASSELTOPPERS.COM infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (seehttp://www.copyright.gov/) for details. DMCA notices and counter-notices should be sent to the following address: Tassel Toppers, LLC Attn: DMCA Manager 8101 Biscayne Blvd. Ste 410 Miami, FL 33138
CUSTOMER DESIGNED PRODUCTS
Tassel Toppers offers customized products through TASSELTOPPERS.COM for personal use only. By using this service you represent and warrant that (i) you lawfully own or otherwise lawfully possess all necessary rights, specifically including but not limited to trademarks and copyrights, with respect to your customized submission, (ii) your customized submission does not and will not infringe or otherwise violate any intellectual property or privacy right of any third party, (iii) you have obtained written consent or permission to use the images and likenesses of every identifiable individual, logo or trademark that appears in your image submission, and (iv) you are not using this service for any unlawful purpose. Image submissions containing minors under the age of eighteen (18) must have written consent from such individual’s parent or legal guardian. Tassel Toppers does not assume responsibility to verify the age of individuals contained in your image submission. However, Tassel Toppers reserves the right to request supporting information to verify the age of any individual and to request a written consent for every identifiable individual who appears in your image submission. By uploading your image submission, you hereby grant Tassel Toppers and its affiliates and assigns a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, publicly display, reproduce and distribute your image submission in any format.
LINKING AND THIRD-PARTY ADVERTISING
Not Responsible For Links to Other Web sites. From time to time this Site may also include links to third party websites. These links are provided for your convenience to offer further information. We have no responsibility for the content of the linked website(s).Unless expressly stated otherwise on this Site, Tassel Toppers does not endorse, approve, sponsor or control, and we are not in any way responsible for, any of the content, services, calculations, information, products or materials available at or through any third party web sites to which this Site may provide a link. By using this Site you acknowledge and agree that Tassel Toppers will not be responsible or liable to you or any other person for any damages or claims that might result from your access and use of such third party content, services, calculation, information, products or materials. No Advertising / No Links. Tassel Toppers does not permit third-party advertising on this Site. Except with the written permission of Tassel Toppers, you agree that you will not create links from any Web site or webpage to this Site or any webpage within this Site.
REVISIONS
You agree and acknowledge that we may revise or change these Terms and Conditions at any time, without notice to you, and you agree that you will be bound by the provisions of these Terms and Conditions as they appear on this Site at the time you access this Site. Because these Terms and Conditions may change, we encourage you to frequently review them. In addition, you agree and acknowledge that all other content, services, products and materials on or available through this Site are subject to updating and revision without notice to you. Tassel Toppers will honor current pricing at the time of your order. However, Tassel Toppers reserves the exclusive right to change pricing, at anytime, without notice. These Terms and Conditions were last revised on Feb 1, 2016.
LOCATION
You understand and acknowledge that Tassel Toppers, LLC controls and operates this Site from within the United States of America. This Site provides information regarding services and products that are made available only in the United States. We make no representation that the services or products about which information may be provided on this Site will be available (a) anywhere outside of the United States or (b) in every state within the United States. You acknowledge and agree that you are responsible for compliance with all federal, state and local laws applicable to your access to and use of this Site.
USER IDs AND PASSWORDS
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this 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. You agree to notify Tassel Toppers immediately if you believe your user identification, password or other identifying information has been lost, stolen or otherwise compromised. You also acknowledge and agree that you are solely responsible for all damages or claims that may arise from any access to or use of this Site by any person to whom you have provided your user identification, password or other identifying information, or by any person who has obtained such information from you, including, but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password or other identifying information has been lost, stolen or otherwise compromised.
THE INTERNET AS AN OPEN NETWORK
While certain designated parts of this Site employ technologies to secure your data and the transmissions between you and Tassel Toppers, the Internet is an open system and we cannot provide absolute assurances that transmissions cannot be intercepted/decrypted by others.
PRIVACY AND SECURITY
Required Information: We identify what information is required to fulfill your order. If you chose not to provide such required information, we may not be able to complete your order.
Contests, Sweepstakes, and Surveys: From time to time, we may offer you the option to participate in contests, sweepstakes, or surveys. Participation in such contests, sweepstakes or surveys is completely voluntary. If you would like to participate, we may ask you for contact information, preferences or other information. This information may be used to conduct research, improve our offerings, or contact you regarding affiliated products or services. Our contests or sweepstakes may have separate rules and we will identify how the information that you supply will be used in each case.
Service Providers: In some cases, we employ or use service providers such as consultants, temporary workers and third party software developers, to complete a business process or provide a service on our behalf. When we employ service providers, we may need to share your personally identifiable information. Service providers are strictly prohibited from using your personally identifiable information for purposes other than to act on our behalf.
Service Alerts and Critical Notices: Although we respect and honor the privacy preferences you have expressed, we may need to contact you to inform you of specific changes that may impact your ability to use this service or for other critical non-marketing purposes, such as bug alerts. We may also contact you to respond to your specific requests, to clarify the order information you provided to us, or to notify you of upcoming subscription expiration dates.
Changes to Our Privacy Policy: We reserve the right to make changes to our Privacy Policy from time to time. If we plan to make significant changes to any of our privacy policies or practices with respect to how we use personally identifiable information, we’ll post those changes to the Tassel Toppers Site 30 days before they take effect. Our privacy policy is current as of Feb 1, 2016.
Legal Disclosures: In some instances we may be required to disclose certain information to comply with a legal process or mandate, such as a court order, subpoena, search warrant, or law enforcement request.
Cookies: A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This allows us to analyze data about web page traffic and visitor trends in order to improve the Site based on our subscribers’ needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide our subscribers with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Website. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
Web Site Usage Data: Our Site tracks usage data, including, for example, your IP address, your browser type and version, which pages you view, which page, if any, linked you to our site, and which link, if any, you follow off of our site. We use this data in the aggregate and on an individual level to better understand web site activity to improve our site offerings, to reconstruct activity from a session or by a user, for troubleshooting and issue resolution purposes. We may also use this data to provide you a more personalized web site experience, assistance with technical support questions, and to send you special offers, product and service updates, or other promotional materials that are relevant and tailored to your interests. If you do not want to receive these offers or promotions, simply indicate your contact preferences during the registration process, within any future communications or by sending an e-mail to customerservice@tasseltoppers.com. COPPA. Our Site is not designed to appeal to children under the age of 13. Therefore, we don’t knowingly attempt to solicit or receive any information from children. This privacy notice should be read in conjunction with our Privacy Policy. In the event of a discrepancy between this privacy notice and our Privacy Policy, this privacy notice shall govern.
INDEMNIFICATION
If you make any unauthorized use of this Site or violate the Terms and Conditions: (a) you may be in violation of the laws of the United States, as well as applicable state laws, and may be subject to penalties, and (b) you may be responsible for damages caused to Tassel Toppers and/or its Site. You agree to indemnify Tassel Toppers and its affiliates, vendors and licensors, and all of the employees, officers, directors, agents and representatives thereof and to hold all of them harmless from, all costs, claims, damages, expenses or other losses, including attorney’s fees and court costs, that arise from or are related to your use of this Site and/or your breach/violation of or failure to comply with the Terms and Conditions.
PURCHASES
If you wish to purchase any products or services through this Site, we will ask you to supply billing and shipping information applicable to your purchase. All information that you provide to us or our third party payment processor must be lawful, accurate, current and complete. You agree to pay all charges and applicable taxes that you incur at the prices in effect when you place your order. Verification of your billing or shipping information may be required prior to our acceptance of your order. Descriptions, images, specifications, pricing and availability of any products or services are subject to change without notice. We reserve the right, with or without prior notice, to limit the available quantity of or to discontinue any product or service. We also reserve the right to impose conditions on any coupon or promotional code and to refuse any order in our sole discretion. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment.
RETURNS AND PRODUCT WARRANTY
If your Tassel Toppers product arrives damaged or defective, you can return it within 15 days of the delivery date and we will refund you for the damaged or defective item or replace it at our discretion. Toppers created with our Design Your Own tool cannot be refunded. In either of the above return instances, if you ordered more than one Tassel Topper product as part of a packaged deal (2 for $x, buy 1 get 1 free, etc.), you must return the entire order to receive a full refund. We will not accept partial returns on discounted orders. We do not accept returns on eGift cards. eGift cards are not redeemable for cash. If you purchased your Tassel Toppers product using both an eGift Card and another form of payment, we will first credit or replace the eGift Card with the amount originally deducted from it and then credit your other form of payment for the balance. For more information regarding our return policy: Call our customer service team at Toll Free 855-TASSELS (855-827-7357) between the hours of 9am - 5pm, 5 Days a Week. Have your Tassel Toppers product order number at hand. Speak to a customer service agent to receive a Return Authorization Number or email returns@tasseltoppers.com to get the return process started. All returns must have a Return Authorization Number. We will not process your return without one. Place your Tassel Toppers product in the package it was shipped in and clearly mark the Return Authorization Number on the outside of the package. We highly recommend using a traceable shipping service when returning your package to our warehouse. All Returns are subject to the terms of our return policy.
DISCLAIMERS
UNLESS OTHERWISE STATED IN WRITING, THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TASSEL TOPPERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS AND MATERIALS ON OR AVAILABLE THROUGH THIS SITE COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS AND COULD BECOME INACCURATE BECAUSE OF DEVELOPMENTS OCCURRING AFTER THEIR RESPECTIVE DATES OF PREPARATION OR PUBLICATION. TASSEL TOPPERS HAS NO OBLIGATION TO MAINTAIN THE CURRENCY OR ACCURACY OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT TASSEL TOPPERS IS NOT, AND SHALL NOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THIS SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, TASSEL TOPPERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TASSEL TOPPERS MAKES NO REPRESENTATION OR WARRANTY THAT (A) THE OPERATION OF THIS SITE WILL MEET YOUR OR ANY OTHER USER’S REQUIREMENTS; (B) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) ANY DEFECTS IN THIS SITE WILL BE CORRECTED. YOU AGREE THAT YOU, AND NOT TASSEL TOPPERS, WILL BEAR THE ENTIRE COST OF ALL SERVICING, REPAIR, CORRECTION OR RESTORATION THAT MAY BE NECESSARY FOR YOUR DATA, SOFTWARE PROGRAMS OR COMPUTER EQUIPMENT BECAUSE OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF USING OR VISITING THIS SITE.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TASSEL TOPPERS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES OR INJURY CAUSED BY ERROR, INACCURACY, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, TELECOMMUNICATIONS FAILURE OR COMPUTER VIRUS OR OTHER PROBLEM, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE, WHETHER IN AN ACTION ALLEGING BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, SERVICES, CALCULATIONS, INFORMATION, PRODUCTS OR MATERIALS ON OR AVAILABLE THROUGH THIS SITE. YOU AGREE THAT TASSEL TOPPERS SHALL NOT BE LIABLE EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL TASSEL TOPPER’S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING OR USING THIS SITE.
COMMUNICATIONS WITH COMPANY
Time Sensitive Instructions: When communicating with us through this Site, instant messenger chat or via e-mail, do not use the Site, instant messenger, chat or e-mail to communicate any time-sensitive instructions. Such instructions may not be received or otherwise honored. All transactions conducted on this Site, instant messenger, chat or via e-mail, must be confirmed in writing by us to be accepted by and binding upon us. E-Signature: General communications through this Site, instant messenger, chat or via e-mail are not intended by us to constitute either an electronic record or an electronic signature, or to constitute any agreement by the sender to conduct a transaction by electronic means, unless a specific statement to the contrary is included in the message and specific e-signature procedures are employed. However, your assent to a “click to accept” button or box is binding upon you. Recording & Monitoring of Communications: Your communications with us via the Site, instant messenger, chat, e-mail, and telephone may be recorded or monitored and by using such communications methods you are consenting to the recording or monitoring of the same. Prohibited E-mail Content: All of our employees are prohibited from using e-mail to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements/materials, or statement/materials that infringe the copyrights or legal rights of others in e-mail. Such communications are against Company policy and outside the scope of our employee’s employment. The Company does not accept any liability in respect of such communication, and the employee responsible will be personally liable for any damages or other liability arising. Please report any such violations to Tassel Toppers at 855-TASSELS (855-827-7357). The use of the Company’s e-mail facilities for purposes of sending menacing, harassing, offensive or threatening messages to our employees is strictly prohibited and is unlawful; violators will be prosecuted to the fullest extent of the law. Negligent Misstatement: The Company disclaims any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through e-mail and the Company makes no warranties, express or implied, with respect to such data or information. Opt-Out: E-mails sent by us may constitute an advertisement or solicitation under U.S. law, if its primary purpose is to advertise or promote a commercial product or service. If you do not wish to receive advertising and promotional messages from Tassel Toppers, you may opt-out by sending an e-mail to customerservice@tasseltoppers.com or by visiting our Site at My Account. Viruses: Computer viruses can be transmitted via e-mail through e-mail content, attachments to e-mails and embedded links. Although our e-mails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is the recipient’s responsibility to ensure that any e-mail they open is virus free. The Company is not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our e-mails. If our Company forwards an e-mail or replies to a prior e-mail, the contents may have been produced by someone other than our Company or our Team Members for which the Company assumes no liability whatsoever. THE COMPANY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT COMPANY E-MAILS ARE VIRUS FREE AND/OR ERROR FREE. The use of e-mail to introduce any virus, malicious or disabling code, or to otherwise interfere with the Company’s e-mail transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.
ADDITIONAL TERMS
You acknowledge that certain features of this Site, as well other products and services of Tassel Toppers, including those that may be available through this Site, may be subject to terms, conditions and disclaimers in addition to these Terms and Conditions, and you agree that your use of such products and services will be subject to such additional terms, conditions and disclaimers. Permission to Be Contacted: By submitting information to Tassel Toppers through the Site or otherwise, you are making an inquiry as to Tassel Toppers programs and services and give Tassel Toppers and its affiliates permission to contact you through e-mail, fax, or telephone, or any means, even if your phone number is on a “Do Not Call” list. Permission to Share Your Information: When you “submit” information through the Tassel Toppers Site or otherwise, Tassel Toppers may send your information to its affiliates. If you do not want your information shared with Tassel Toppers’ affiliates, you should send an opt-out e-mail to customerservice@tasseltoppers.com or visit our Site at My Account. Reasonable Efforts: Tassel Toppers will make commercially reasonable efforts to avoid delays and ship your order promptly, however, Tassel Toppers is not responsible for delays outside of its control (e.g. credit card delays, shipping delays, acts of God, labor disputes, acts of government, natural disasters, or other matters beyond Tassel Toppers’ reasonable control.)
GOVERNING LAW
You agree that these Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use, the Privacy Policy or the use of this Site shall be filed only in the state or federal courts located in Miami-Dade County, Florida, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. You further agree to waive any rights you may have to a trial by jury.
SEVERABILITY
You agree that if any provision of these Terms and Conditions shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms and Conditions and shall not affect the validity and enforceability of such other provisions. Copyright 2016 TASSEL TOPPERS, LLC. All rights reserved.