Terms and Conditions of Use
T&N Sagar, LLC - Website Terms & Conditions of Use (Revised as of June 12, 2014)
1. Acceptance of Terms and Conditions.
Welcome to www.tandncollection.com (the “Website” or the “Site”). This is a legally binding agreement (the “Agreement”) between you and T&N Sagar, LLC, a New York limited liability company (“T&N Sagar”), which governs your use of our Website www.tandncollection.com and related services provided by or through T&N Sagar or this Site.
T&N Sagar provides access to the Website, and its services offered in the Website, to you subject to the following terms and conditions. In return for gaining access to the Website, you agree to be bound by these terms and conditions of use without limitation or qualification. If you do not intend to be legally bound by these terms and conditions of use, do not access or use the Website.
By using this Website, you expressly and implicitly, without limitation, qualification, or modification, acknowledge that you have read and understand these Terms and Conditions and you agree and intend to be legally bound by the terms and conditions of this Agreement.
THE CHILDRENS’ ONLINE PRIVACY PROTECTION ACT PROHIBITS ENVISION FROM KNOWINGLY USING THE INTERNET TO COMMUNICATE WITH CHILDREN UNDER THE AGE OF 13. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD'S REGISTRATION WITH THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH RESPECT TO YOUR CHILD’S AS WELL AS YOUR USE OF THIS SITE.
Your assent to compliance with this Agreement becomes effective immediately when you commence usage of this Site. If you do not accept or agree to any part of this Agreement, kindly exit our Website immediately and refrain from any further use of or access to the Site.
3. International Use.
Although this Website may be accessible worldwide, T&N Sagar makes no representation that this Website complies with the laws of any jurisdiction outside of the United States, or that the Content of this Website is appropriate for use outside the United States. If you access our Site from outside the United States, you do so on your own initiative and at your own risk, and you are solely responsible for compliance with any law(s) in your country governing your use of the Site. Any offer for the sale of products or services made on or through this Website is void where prohibited.
4. Email and Electronic Communication.
When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically via e-mail or by posting notices on the Website satisfy any legal requirement that such communications be in writing. You further agree to keep your email address current at all times if you register as a Member on the Website and you agree that you will be deemed to have received any notice we send to the most recent email address you have provided.
5. Amendments to this Agreement.
6. Account Registration.
T&N Sagar allows visitors to our Website to use the Website either as a “Visitor” or as a “Member.” Visitors are general users of our Website who have not registered on the Website. Members are persons who have registered on the Site by creating a personal shopping account through the My Account feature on the Site.
You must be 18 years of age or older to register as a Member and use the services offered on our Website.
B. Your Representations.
You represent to us that all information you provide to T&N Sagar through the Site or otherwise both now and in the future, including your registration information, is truthful, accurate, and complete. You further agree you are responsible for maintaining and updating your information as required to keep it current, truthful, accurate and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have any reasonable grounds to suspect that information you have provided is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and decline to allow you future use of our services and the Site.
Each Member will be given a user name and password, which may be assigned by T&N Sagar or chosen by the Member. You understand and agree that you are responsible for maintaining the confidentiality of your password and for any and all activities occurring within your account. You are solely responsible for any activity related to your Account. If you believe others are accessing your account without your authorization, you should promptly change your password and notify us. To protect yourself and T&N Sagar, you understand and agree that you will not lend your user name and password to other persons.
8. Product Descriptions
T&N Sagar attempts to be as accurate as possible. T&N Sagar, however, does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by T&N Sagar itself is not as described, your sole remedy is to return it in unused condition.
With respect to items sold by Company, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: 1. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item; OR 2. if an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by T&N Sagar.
10. Shipping/Risk of Loss.
All items purchased from T&N Sagar are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Details regarding our shipping policies and the delivery and return of products are set forth on the Site. Delivery time may vary from order to order and will depend upon the destination to which products are shipped, current inventory, and other circumstances. We make no guarantees regarding delivery dates. We will send you an email advising you when goods have been shipped and are en route to you.
11. Returned Goods, Exchanges and Refunds.
Please read our Returns, Exchanges and Refund Policy before purchasing your product. We will not accept returns postmarked after 90 days from the delivery date or that otherwise do not comply with our Returns, Exchanges and Refund Policy. Customers are responsible for return shipping and insurance. The original shipping fee is non-refundable unless we have made a shipping error.
At the time of purchase you must provide accurate, complete and current credit card information for a card for which you are an authorized user. You authorize T&N Sagar or its agent to bill your credit card all applicable fees, rental or sales charges, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of our services.
If T&N Sagar does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use our services and you authorize T&N Sagar to charge outstanding fees and other amounts due us against any credit card you have on file with us.
T&N Sagar shall have the right to take any and all actions necessary to collect monies due from you, including but not limited to legal action and/or use of a collection agency. If we must use such collection activities, you agree to pay the costs of such litigation, including, without limitation, litigation costs and reasonable attorneys’ fees.
C. Credit Card Authorization.
You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees.
D. Billing Issues.
You agree to notify us regarding any charges to your account that you dispute or question within 90 days after the date of posting of the invoice or statement containing the disputed or questioned charge. If you do not bring such a dispute or question to our attention within 90 days, you agree that you waive your right to dispute the charge or otherwise question the invoice or statement.
13. Intellectual Property
“T&N Sagar” is a trademark of T&N Sagar, LLC. All graphics, logos, page headers, banners, icons, scripts and service names found on the www.tandncollection.com Website are trademarks or trade dress of T&N Sagar. Any such trademarks or trade dress on our Site not owned by T&N Sagar are the property of their respective owners, who may or may not be affiliated with T&N Sagar. You understand that all such trademarks and trade dress are protected by state and federal law, and you agree not to use any such trademark, service mark, or trade dress without the express permission of T&N Sagar or any other owner of same. You understand that your use of such marks may violate federal and state trademark law and subject you to money damages.
You acknowledge that all content on this Site, including, without limitation, the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material and compilationsthat can be accessed on or through our Site (the "Content") is proprietary intellectual property. All rights, title, and interest, including without limitation, all rights in the copyright of such Content is vested in T&N Sagar and/or third parties authorized by T&N Sagar. All Content is protected by the federal Copyright Act, and T&N Sagar reserves the right to institute legal action against any person who uses such Content without our written consent. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Certain components of this Website may be subject to U.S. Patent protection. You are expressly prohibited from any attempt to reverse engineer our Site or to use any component or Content of the Site for any purpose inconsistent with the limited license granted to you under this Agreement.
D. Limited Authorized Use.
You may use the Content of this Site only upon written authorization by T&N Sagar or as expressly authorized by these Terms and Conditions. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any Content from this Website in any form or by any means without prior written permission from T&N Sagar or the specific content provider. You are solely responsible for obtaining permission before using any copyrighted material from the Site.
E. Prosecution of Infringement.
T&N Sagar will prosecute any infringement upon its copyright, patent, trademark or other intellectual property rights to the full extent permitted under applicable law. You expressly agree that if T&N Sagar brings a successful action against you for infringement of its copyright, patent, or other intellectual property rights, then you shall be liable to T&N Sagar for reasonable attorneys’ fees and other litigation costs, including, without limitation, discovery and expert witness expenses.
15. Claims of Copyright Infringement.
We respect the intellectual property rights of others and we ask you to do the same for us. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement and notify us of your concern by submitting a written notice to us. To be effective, the notification must include:
A. A physical or electronic signature of the owner of the property rights allegedly infringed upon or a person authorized in writing to act on behalf of the owner of such rights.
B. Identification of the material alleged to be the source of the infringementor which is the subject of theinfringing activity and which you wish to have removed, as well as information reasonably sufficient to permit us to locate the materials;
C. A statement that the complaining party has a good faith belief that use of the alleged infringing material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
D. A statement under penalty of perjury that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
E. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Services to and accounts of any person who repeatedly infringes upon the copyrights of others or any Member or other user about whom T&N Sagar receives repeated claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Kenneth A. Sprang, Esquire
Cicero, Mehta & Sprang, LLP
1000 Potomac Street, NW
You acknowledge and agree that upon receipt of any notice claiming copyright infringement, we may immediately remove the materials alleged to be infringing from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT
16. User Generated Material.
The Site may allow users to post reviews or comments on products that we sell. Any statements, information or other material are those of the persons posting the same and they do not represent, and should not be construed to be, the statements or opinion of T&N Sagar, its members, shareholders, directors, officers, or employees. In accordance with Paragraph 19, T&N Sagar may review and delete anything posted to our Site, in whole or in part, that in the sole judgment of T&N Sagar violates these Terms and Conditions; might be offensive or unlawful; or that might violate the rights of or harm any third parties. You rely on any information posted by Members, other users or other third parties, at your own risk. Under no circumstances will T&N Sagar, or its members, shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site.
We are free to use on or off the Site any comments, information, ideas, images, concepts, reviews, or techniques or any other material contained in any communication you may send to us, including, without limitation, responses to questionnaires and postings on message boards, without any obligation of any kind to you. By posting to the Site in any manner, including, without limitation, answering questionnaires, posting to bulletin boards, or submitting other information, you grant T&N Sagar a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works from material submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing information of any kind on the Site, you represent and warrant that the public posting and use of your posted material by T&N Sagar will not infringe on or violate the rights of any third party.
Be advised that we do not accept unsolicited materials or ideas for use or publication, and we are not responsible for the similarity of any of our content to materials or ideas transmitted to us. By submitting unsolicited materials to us, you grant us a license to use the material in any manner we may choose. You submit such unsolicited material with the understanding that no additional consideration or compensation of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. We disclaim any liability for copyright, patent, or trademark infringement.
17. Rules of Conduct While Using Our Website.
You acknowledge and agree that T&N Sagar may establish general practices and policies concerning use of the services available on our Website, including, without limitation, (i) the maximum number of days that uploaded content will be retained on the Website, (ii) the maximum disk space that will be allotted or our servers on your behalf, and (iii) the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion of or failure to store any content maintained or transmitted on or through this Website. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we retain the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
We provide storage space and access for material through our Website. For purposes of these terms, "material" refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. You may not use this Website to publish material that we determine, in our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in this Agreement. You are solely responsible for any information contained in your online portfolios, and we are under no obligation to monitor the contents of your portfolios. If, however, we receive complaints regarding language, content, or graphics contained in your online portfolio, we may, in our sole discretion, remove the offensive images and terminate your account. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.
In accordance with the Digital Millennium Copyright Act (DMCA), Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998) and other applicable law, T&N Sagar has adopted a policy of terminating Members whom we determine to be copyright infringers, repeat or otherwise.
All Members and other users of our Website understand and agree to the following rules of conduct while using our Website:
A. You agree to refrain from any attempt to gain unauthorized access to any paid features of our Website.
B. You agree to not copy, print (except for personal use), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or through any means our Website, content, or services, or any part thereof.
C. You agree to not use our Website or any content obtained from the Site for any commercial purposes of any kind outside of the Site or to publish or commercially distribute any content from this Site, whether through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
D. You agree to not upload, post, or otherwise transmit any content to T&N Sagar, our affiliates, our Website, or our visitors or Members any material:
(i) That contains any information that is or might be construed to invade the privacy of or otherwise be harmful to any other person,
(ii) That is unlawful, harmful, threatening, defamatory, vulgar, obscene, pornographic, abusive, harassing, tortious, libelous, invasive of another’s privacy, hateful, harmful to minors, as well as any content that discriminates against any person or class of persons or is ethically or otherwise objectionable or violates our rules and policies.
(iii) That you are prohibited from disclosing or transmitting under any law or under any contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
(iv) That infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any person or enterprise.
(v) That interferes with or disrupts the services or servers or networks connected to the services, or violates or breaches any requirements, procedures, policies or regulations of networks connected to the services.
(vi) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
(vii) That intentionally or unintentionally violates any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Federal Trade Commission, and any regulations having the force of law.
(viii) That impermissibly collects or stores personal data about other users, through programmatic or any other means.
(ix) That promotes or provides instructional information about illegal activities, promotes physical harm or injury against any group or individual, or promotes any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and or other weapons.
(x) That refer in any manner to persons under 18 years of age
(xi) That is in any way considered or may reasonably beconsidered unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," “bulk mail,” "spam," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation, or any form of lottery or gambling.
(xii) That makes publicly available on our Website, any private information of any third party, including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.
(xiii) That, in our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose T&N Sagar and its users to any harm or liability.
E. You agree to not use automated scripts to collect information from or otherwise interact with the services or our Website.
F. You agree to not use our Website or services to “stalk” or otherwise harass another person.
G. You agree to not harvest or collect email addresses or other contact information from users of our Website and services for the purposes of sending unsolicited emails or other unsolicited communications.
H. When you post content to our Website, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of such content on our Website. By posting content to the Site, you also automatically grant, and warrant that you have the right to grant, to T&N Sagar an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to(i) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such content for any purpose related to our Website or the promotion thereof; (ii) to prepare derivative works of, or incorporate into other works, such content; and (iii) to grant and authorize sublicenses of the foregoing.
You may remove your content from our Website at any time, and if you choose to do so, the license granted above will automatically expire. You acknowledge, however, that T&N Sagar may retain archived copies of your content.
I. You agree that your interaction with our Website and use of our services in no way creates an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between T&N Sagar and you.
J. To the extent applicable, you agree to provide us with a valid, current email address, both at the time of registration with us, and to update us from time to time when your email changes.
K. You agree to not use any printed or electronic copy of any part of our Website or its content in any litigation or arbitration matter whatsoever. You agree to not attempt to use another Member’s account without direct authorization from such Member and T&N Sagar.
L. You agree to not register for more than one Member account, register for a Member account on behalf of an individual other than yourself, or register for a Member account on behalf of any group or entity.
M. You agree any unauthorized use of or access to the Site may be prosecuted to the full extent of the law.
18. Service Tests.
T&N Sagar may test aspects of its services from time to time. T&N Sagar reserves the right to include you in such tests without notice.
19. Removal of Content.
T&N Sagar reserves the right in its sole discretion to remove any content on this Website for any reason, including, without limitation, our judgment that certain material or content (i) fails to comply with these Terms and Conditions or any other rules of user conduct for our Website; or (ii) which we deem otherwise harmful, objectionable, or inaccurate. We are not responsible, however, for any failure or delay in removing such content.
You hereby consent to such removal and waive any claim against T&N Sagar arising out of such removal of content. See Paragraph 15 of this Agreement for instructions on reporting content found on this Site which you believe in good faith infringes upon your copyright, trademark, trade secret or other intellectual property rights or those of any other person.
20. Liability Disclaimer and Waiver.
This Website is intended for the personal, noncommercial use of Members and visitors to this Site.
A. T&N Sagar Content
T&N Sagar makes every reasonable effort to provide accurate information on the Website. We, however, cannot and do not assume responsibility or liability for the accuracy and timeliness of the content of the Site. Although our Website content is updated frequently, T&N Sagar neither assumes nor undertakes any obligation to update content on the Site on any schedule or in any particular manner. Further, given the volume of updates in Content, services, and other features, this Website may be modified, improved, or removed without notice.
B. Member and Third-Party Content.
T&N Sagar may, at its option, offer message boards or other forums to provide Members and other users of the Site a means of expressing their opinions and sharing ideas.
Although we provide rules for user conduct and postings, we do not control what users post, transmit or share on our Website and T&N Sagar does not monitor the content posted in these forums.
Content posted by our Members is the sole responsibility of the Member who originates the content. Any Member, user, or any third party providing such information is solely responsible for the accuracy of such information.
We do not endorse any opinions or advice expressed by any Member or other user of the Site or services and we do not in any way guarantee the quality, accuracy or integrity of third-party content or services. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website, though we do request that you report any such content to us promptly.
T&N Sagar disclaims any and all liability for the content of any material uploaded or submitted by Members or other third-party users of the Website. T&N Sagar, however, expressly reserves the right, in its sole discretion, to monitor, remove, delete, move or edit any content or materials posted to this Site, whether on such boards or forums or elsewhere, without notice, at any time for any reason. Should any content be deemed illegal under applicable or controlling law, T&N Sagar will cooperate with authorities and submit all necessary information to them.
C. Errors, Interruptions and Delays.
Temporary interruptions of the products and services available through this Website may occur from time to time, including, without limitation, periodic interruption of the Website because of maintenance or other reasons. Such interruptions are common and normal with any website.
We assume no responsibility or liability for: any error, omission, interruption, deletion, or defect; any delay in operation, transmission, or communications line failure; or any theft, destruction, or unauthorized access to or alteration of user communications related to or arising out of your use of our Website.
T&N Sagar is not responsible for any technical malfunction in your use of our Website or any site accessed through our Website, including, but not limited to, problems with using the Website and/or services; loss of personal content on the Website; and lost or undeliverable email.
E. Third Party Networks.
You understand and acknowledge that T&N Sagar has no control over third-party networks that you may access in the course of your use of our Website. Consequent delays and disruption of network transmissions, whether within or without our Website, are beyond our control. We assume no responsibility or liability for any delays or disruptions of network transmissions related to your access or use of third-party networks or websites
F. Third Party Services.
We assume no responsibility and disclaim all liability for any service provided by a third party or by any of the equipment or programming associated with or utilized in our Website or the services.
G. Third Party Transactions.
Our Website may contain links to other third party websites or resources. In addition, through your use of the site, you may engage in commercial transactions with other users and/or Members. T&N Sagar is neither a party to nor a participant in any such transactions, and disclaims all liability related to or arising out of any such transaction.
You understand and agree that such transactions are conducted entirely at your own risk. Any warranty provided in connection with any service, property, information or other item from a third party, whether available on or through this site or otherwise, is provided solely by such third party, and not by T&N Sagar or any of our employees, servants, agents, representatives, or affiliates.
You acknowledge that all such interactions or transactions with any third party and any and all components of such interactions and transactions, including, but not limited to rental terms, purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms are agreed upon solely by and between the parties to the transaction.
T&N Sagar is not responsible for the conduct, whether online or offline, of any user or Member of the Website or services, nor of any third party linked to our site.
21. Warranty Disclaimer
USE OF T&N SAGAR’S SITES, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. ALL CONTENT AND PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUITE ENJOYMENT, ACCURACY OF INFORMATION CONTENT OR SYSTEM INTEGRATION. T&N SAGAR ASSUMES NO LIABILITY FOR OR RELATING TO ANY DELAYS, FAILURES, INTERRUPTIONS OR CORRUPTION OF ANY DATA OR OTHER MATERIAL OR INFORMATION TRANSMITTED IN CONNECTION WITH THE USE OF T&N SAGAR’S SITES AND/OR PRODUCTS AND SERVICES. T&N SAGAR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF T&N SAGAR SITES OR ANY CONTENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. T&N SAGAR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES AND ANY OTHER POTENTIALLY DESTRUCTIVE COMPUTER CODE.
22. ERRORS AND INACCURACIES
WE ALWAYS TRY TO PROVIDE COMPLETE, ACCURATE, UP-TO-DATE INFORMATION ON OUR WEBSITE. UNFORTUNATELY, DESPITE THOSE EFFORTS HUMAN OR TECHNOLOGICAL ERRORS MAY OCCUR. THIS SITE MAY CONTAIN TYPOGRAPHICAL MISTAKES, INACCURACIES, OR OMISSIONS, SOME OF WHICH MAY RELATE TO PRICING AND AVAILABILITY, AND SOME INFORMATION MAY NOT BE COMPLETE OR CURRENT. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED, AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE.
23. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL T&N SAGAR OR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR USE OR ATTEMPTED USE OF T&N SAGAR SITE, PRODUCTS OR SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE(S). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, T&N SAGAR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OR BASIS OF THE CLAIM OR CAUSE OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO T&N SAGAR FOR YOUR USE OF THE SERVICES WHICH RESULTED IN ANY LIABILITY.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR PARENT AND SUPPLIERS, SHALL BE LIMITED IN THOSE JURISDICTIONS TO THE EXTENT PERMITTED BY LAW.
You agree to indemnify and defend T&N Sagar and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, our attorneys, advertisers, product and service providers, and affiliates against and hold them harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, caused directly or indirectly by your breach of this Agreement or your use of our Website and Services. We reserve the right, at our own expense, to assume the exclusive control of the defense of any matter in which T&N Sagar is a defendant, including, without limitation, the defense of claims subject to indemnification by you. You agree to cooperate with us in any such defense.
24. Termination of Use/Cancellation of Your Account
Should you wish to cancel your account voluntarily, you understand and agree that upon cancellation of your account, you will be automatically locked out of the Website and your access to it will terminate immediately. You also understand that you will lose the profile information contained on the Site at that time and that this profile information cannot be reclaimed or transferred to another account.
We shall not be liable to you or any third party for any claims or damages arising out of any cancellation or any other actions taken by us in connection therewith.
B. Suspension/Termination. You agree that T&N Sagar, in its sole discretion, may terminate your password, Account, or use of the Services or the Site, and remove and discard any of your material submitted to the Site, for any reason, including, without limitation, lack of use or our good faith belief that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the services or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the services or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and material submitted by you from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third party for any suspension or termination of the services or your access to the Site.
25. Limitation of Remedies.
Your sole remedy for dissatisfaction with this Site or any part thereof, or with any products, services or Content (as defined below) or other information available on or through this Site, is to immediately cease using the Site and/or the particular products or services with which you are dissatisfied.
26. Reservation of Rights.
T&N Sagar expressly reserves its right to seek additional elements of actual damages other than those expressly identified above.
27. Release of Personal Information.
28. Mandatory Arbitration of Disputes.
In the event of any dispute between you and T&N Sagar, whether arising from this Agreement or otherwise, ifwe cannot amicably resolve the dispute either by ourselves or through mediation, you agree to submit any such dispute to final and binding arbitration.. The arbitration proceeding shall be conducted in or near New York City, New York, in accordance with the then current rules of the American Arbitration Association. The dispute will be decided by one (1) arbitrator to be selected by mutual agreement of you and T&N Sagar. If we cannot agree upon the selection of an arbitrator, then the American Arbitration Association shall select an arbitrator from its National Panel of Arbitrators. The costs of the arbitration will be shared equally by the parties, but each party will be responsible for its own attorneys’ fees and related costs. The laws of State of New York shall govern the procedural aspects of the arbitration proceedings. The arbitration shall be conducted in the City or County of New York, and any arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. The parties agree that the arbitrator is not empowered to award punitive damages to either party. The arbitrator’s award may be enforced in any court of competent jurisdiction within the State of New York.
29. Actual and Liquidated Damages.
In the case of a failure to pay any debts due to T&N Sagar (hereinafter, a "default"), you will be liable to T&N Sagar for its actual and liquidated damages. T&N Sagar spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that T&N Sagar is also entitled to collect liquidated damages, in addition to its actual damage, if T&N Sagar commences with a collection action, dispute resolution or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the liquidated damages will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that T&N Sagar commences collection or legal action, which sum is intended to compensate for the expenditure of T&N Sagar's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. You understand and agree that the liquidated damages of (i) $500 per item for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate T&N Sagar for the loss of its internal resources.
30. Attorneys' Fees, Costs and Interest.
If T&N Sagar commences with dispute resolution or litigation to recover its property from you, to recover actual damages, and/or to recover liquidated damages, you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that T&N Sagar will be entitled to recover prejudgment interest on its actual damages and its liquidated damages from the date of default to the date of judgment entry at the rate of 12% per annum.
31. Governing Law, Jurisdiction, Venue.
This Agreement and all transactions or relationships between you and T&N Sagar and any dispute arising therefrom shall be governed by the laws of the State of New York without regard to conflict of law principles. You agree that legal action of any kind will be conducted in the state or federal courts serving New York, and you agree to submit to the personal jurisdiction of such courts. You further agree that venue is proper in a court of competent jurisdiction sitting in or around New York City. T&N Sagar may also commence any court action or proceeding in the federal or state courts in the State where you reside, or in the State where the property is located.
T&N Sagar’s failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances in the future.
33. Entire Agreement.
These Terms and Conditions comprise the entire agreement between you and T&N Sagar and supersede all prior agreements between the parties regarding the subject matter contained herein.
34. Questions About This Agreement
If you have a question about this Agreement, please email our customer service department (firstname.lastname@example.org).