TERMS AND CONDITIONS APPLICABLE TO THE ACCESS AND USE OF THIS SITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASE OF PRODUCTS ON THIS WEB SITE.
THERE ARE TWO PAGES TO THIS DOCUMENT. PLEASE READ BOTH CAREFULLY.
The web site located at the URL itsforhome.com (this “Site”) is managed and operated by TMG Systems Corporation, a Colorado Corporation, with its primary operations located in Boulder, Colorado (the “TMG Systems Corporation”). By accessing, browsing and using this Site, you agree that your access, browsing, use and purchase of the products listed and/or available through this Site (the “Products”) is subject to the following terms and conditions (“Terms and Conditions”) as well as all other applicable laws, which shall be in addition to any other terms or conditions set forth in any purchase order applicable to the purchase of Products on this Site. In the event of any conflict between these Terms and Conditions and the terms and conditions set forth in any other applicable purchase order or other instrument, these Terms and Conditions shall govern. TMG Systems Corporation reserves the right to make amend, change, modify, delete from or add to this Site, including without limitation, changing prices and terms related to payment, shipping and returns, and these Terms and Conditions at any time.
You agree that your access, browsing, use and purchase of Products on this Site shall be subject to these Terms and Conditions as amended as of such time. As long as you strictly comply with these Terms and Conditions and any such modifications and you are at least the legal age of majority in your state of residence and/or that you are duly authorized by your employer to access, browse and use this Site, TMG Systems Corporation grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.
The following payment terms apply to the purchase of Products on this Site: (a) Terms of payment for all the purchase of all Products on this Site shall be as set forth elsewhere in this Site and may be amended or modified in the sole discretion of TMG Systems Corporation from time to time. (b) Payment for the purchase of all Products on this Site shall be made by a credit card and in connection with any purchase of Products on this Site you shall enter a valid credit card number and associated payment information as directed elsewhere by this Site. (c) By entering such information, you hereby authorize TMG Systems Corporation to charge such credit card at its convenience but within thirty (30) days of credit card authorization for all amounts due and payable in connection with your purchase of Products on this Site. (d) Credit card payment is subject to the approval of the financial institution that issued the credit card and TMG Systems Corporation shall have no liability if such financial institution refuses to accept or honor such credit card charge for any reason. (e) TMG Systems Corporation may require additional verifications or information before accepting any order.
DISCLAIMER REGARDING PRODUCT DESCRIPTIONS AND PRICING
TMG Systems Corporation makes reasonable efforts to ensure the accuracy and completeness of the content of this Site; however this Site may contain technical inaccuracies and typographical errors with respect to the descriptions and pricing for Products or the other content of this Site. TMG Systems Corporation makes no warranties or representations as to its accuracy and assumes no liability or responsibility for any errors or omissions in the content of this Site. TMG Systems Corporation provides such content, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR FREEDOM FROM COMPUTER VIRUSES.
In the event of any technical inaccuracies or typographical or other errors related to incorrect pricing, rebate, refund or other information regarding any Products, TMG Systems Corporation shall have the right to refuse or cancel any orders placed for such Products. TMG Systems Corporation shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, TMG Systems Corporation shall immediately issue a credit to your credit card account in the amount of the initial charge.
Your receipt of an electronic or other form of order confirmation does not signify TMG Systems Corporation’s acceptance of such order, nor does it constitute confirmation of an offer to sell the Products described therein. TMG Systems Corporation hereby reserves the right, without notice to you, at any time after receipt of your order to accept or decline the same or limit the quantities set forth therein for any reason. TMG Systems Corporation will be deemed to have accepted your order only upon shipment of the relevant Products.
RISK OF LOSS
You acknowledge that title to the Products passes to you upon TMG Systems Corporation’s delivery of the Products you purchased on this Site to the common carrier.
SHIPPING AND HANDLING
You acknowledge that the TMG Systems Corporation’s then-current charges for shipping and handling will be automatically added to all orders and the payment terms set forth in these Terms and Conditions shall apply to such charges.
SALES AND OTHER TAXES
You acknowledge that TMG Systems Corporation is obligated to withhold sales tax in connection with the sale and delivery of Products within certain states (for example, Colorado) and all such taxes shall be automatically added to all orders and the payment terms set forth in these Terms and Conditions shall apply to such taxes. Unless you deliver to TMG Systems Corporation a valid tax exemption certificate applicable in the state where the relevant Products are to be delivered at the time you place an order for the purchase of Products on this Site, you will be responsible for sales and all other taxes associated with such order that TMG Systems Corporation does not collect at the time such order is processed.
COMPLIANCE WITH RETURN POLICIES
You agree to comply with and be bound by the return policies in connection with returns of products purchased through this Site. This Site’s current return policy (located in the Customer Service section of this Site) is incorporated herein by reference and made part of these Terms and Conditions.
USER GENERATED CONTENT
Authorized users of this Site are permitted to post reviews, comments, and other content in the various forums, comment boards and sections for Product reviews set forth in this Site, so long as such reviews, comments and other content: (a) is not illegal, obscene, threatening or defamatory; (b) does not invade the privacy of any third party; (c) does not infringe the intellectual property rights of any third party; (d) is not otherwise injurious to any third party; and (e) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity or otherwise misrepresent the origin of a review, comment or other content. TMG Systems Corporation shall have no duty to, and shall not, regularly or periodically review the Site for posted reviews, comments and other content. TMG Systems Corporation shall have no responsibility and assumes no liability for any reviews, comments or other content you or any other user posts on this Site.
TMG Systems Corporation may (but shall not be obligated to) delete, qualify or edit any review, comment or other content, but does not regularly review posted content.
You hereby grant to TMG Systems Corporation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any reviews, comments or other content you post on this Site throughout the world in any media. In addition, you grant TMG Systems Corporation and its affiliates and sublicensees the right to use your name in connection with exercising such rights. You represent and warrant that: (a) you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site; and (b) the same is accurate. You shall indemnify TMG Systems Corporation and its affiliates and their respective stockholders, members, directors, managers, officers, employees, agents and representatives from and against all claims resulting from any reviews, comments or other content you post to this Site.
You agree that you will not misuse or abuse account access and passwords. You agree that you will only use your password and that you will take all reasonable precautions to protect its secrecy.
This Site may contain links to other web sites that are owned and operated by third parties. You acknowledge that TMG Systems Corporation does not endorse and is not responsible for the operation of or content located on any such web site.
THIRD PARTY CONTENT
Certain content from third party suppliers and vendors may be made available as part of this Site. TMG Systems Corporation believes that such content is accurate and reliable, but TMG Systems Corporation does not endorse or guarantee the same.
TECHNICAL SERVICE AND SUPPORT
All requests for technical service and support for products purchased should be made directly to the manufacturer in accordance with their terms and conditions.
RESTRICTIONS ON USE OF THIS SITE
If you are a minor, you must obtain the permission of your parents or legal guardians in order to access, use or browse this Site.
By accessing, using or browsing this Site, you agree not to use any device, software or other tool or process to interfere or attempt to interfere with the operation of this Site and not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site. In addition, you agree not to use any robot, spider or other software, device, tool or process to monitor or copy the pages or the material or content of this Site without the prior written consent of TMG Systems Corporation. TMG Systems Corporation typically grants such consent to operators of standard Internet search engines that employ customary technology to direct Internet users to this Site from their search engine websites.
By accessing, using or browsing this Site, you agree that the information you provide to TMG Systems Corporation via this Site will not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate data or information.
By accessing, using or browsing this Site, you agree that TMG Systems Corporation may unilaterally terminate your rights of access to this Site without prior notice in the event that TMG Systems Corporation determines, in its sole discretion, that (a) you have violated these Terms and Conditions or have otherwise abused, misused or otherwise sought to damage this Site, TMG Systems Corporation or its other customers; (b) TMG Systems Corporation receives a bona fide request from law enforcement officials or officials from other government agencies; (c) TMG Systems Corporation experiences unexpected technical or security issues or problems; and (d) you have not visited this Site for an extended period of time. Such termination may entail the (x) deletion of your password and account designation and all related information associated the same; and (y) a permanent or indefinite suspension of your rights to access, use or browse this Site.
COMPLIANCE WITH LAWS
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