Terms of Use
1. Acceptance of Terms: Welcome to Tinman Merchandising, LLC. By using our Website you agree to be bound by these “Terms of Use.”
2. Definitions: In these Terms of Use: “Website” means the website associated with the domain name www.tinmanmerchanising.com, www.tinmanmerch.com or https://tinmanmerchandising.com. “The Services” means all the services offered in conjunction with the Website.
3. Description of Services: Tinman Merchandising, LLC. provides a wide range of Services including but not limited to access to information on apparel products, printed materials, events calendars, blogs, comments, donations, subscriptions, partner profiles and user account services. Any new features added to the Services will also be subject to these Terms of Use, as they may be occasionally modified. Please review these Terms of Use from time to time so that you will be aware of any changes.
Although we will attempt to notify our users of significant changes to the Services or Terms of Use, we may modify the Services or Terms of Use for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.
4. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).
As a user of the Services, you agree to not use the Services to:
A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official of Tinman Merchandising, LLC., or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. disguise the origin of any material posted on or transmitted by Tinman Merchandising, LLC.;
E. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
F. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
G. post, transmit or otherwise make available any material 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;
H. “stalk” or otherwise harass another; or
I. collect or store personal data about other users.
5. Privacy Policy: Registration Data (as defined below) and any other information we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://theswisscenter.com/policy
6. Member Account, Password and Security: If you create an account on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Tinman Merchandising, LLC. of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tinman Merchandising, LLC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tinman Merchandising, LLC. has the right to suspend or terminate your account and refuse your use of the Services. Your Registration Data will be kept confidential as provided in our Privacy Policy.
7. Partner Profiles and Social Networking: You may create a partner profile page on the Website, including a user profile and any other information you choose to post on the page. By creating a partner profile page, you acknowledge and agree that other users of the Website can access and view your user profile and other information, including any Personal Data (as defined in the Privacy Policy) and User Content (as defined below) on the page. You also acknowledge and agree that other users may interact with you on the page, and may subscribe to RSS feeds about your page, where users will be updated regarding your activity on the page. You can change or delete information on your partner profile page at any time, however, please be aware that any information or material posted to the Website may still be available on archived pages or stored on other users’ pages even after you delete that information or material from your page. You participate in the partner profile features of the Website at your own risk. Tinman Merchandising, LLC. is not responsible for security or privacy breaches or the actions of other users or third parties related to your use of the partner profile features of the Website.
8. User-Generated Content: You may post user-generated content, such as comments, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Tinman Merchandising, LLC. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Tinman Merchandising, LLC. the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof on the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Tinman Merchandising, LLC. the rights granted herein.
9. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Tinman Merchandising, LLC. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.
You understand that you, and not Tinman Merchandising, LLC., are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Tinman Merchandising, LLC. does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Tinman Merchandising, LLC. does not guarantee the accuracy, integrity or quality of such material.
You acknowledge that although Tinman Merchandising, LLC. does not review material posted on, transmitted or otherwise made available through the Services by others, Tinman Merchandising, LLC. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services, at any time and for any reason.
10. Use of the Services in Other States and Countries: You agree to comply with all local rules regarding online conduct and content.
11. Tinman Merchandising, LLC. Intellectual Property: Tinman Merchandising, LLC. (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Tinman Merchandising, LLC. content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Tinman Merchandising, LLC., except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Website, and is not intended to prevent any “fair use” of the content under U.S. Copyright Law.
12. Third Party Intellectual Property: Tinman Merchandising, LLC. respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
Notices of Claimed Infringement: A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
Upon receipt of a proper notification of infringement, Tinman Merchandising, LLC. will act promptly to remove or disable the allegedly infringing material.
Counter Notifications: If you believe that your User Content has been removed or disabled in error, you may send a written counter notification to the Designated Agent that includes substantially the following:
(A) Your physical or electronic signature.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Tinman Merchandising, LLC. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
13. Indemnity: You agree to indemnify and hold harmless Tinman Merchandising, LLC., and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Services (including User Content), your use of the Services, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
14. No Commercial Use of Services: You agree to use Tinman Merchandising, LLC. website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services.
15. Use and Storage of User Material: Tinman Merchandising, LLC. may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by he Tinman Merchandising, LLC.; the maximum size of any single posted event; the maximum disk space that will be allotted on Tinman Merchandising, LLC. servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Tinman Merchandising, LLC. reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Tinman Merchandising, LLC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. Termination: You agree that Tinman Merchandising, LLC., in its sole discretion, may terminate your password, account, or use of the Services, and remove and discard any material available on or stored by Tinman Merchandising, LLC. (including User Content), for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Use. Tinman Merchandising, LLC. may also, in its sole discretion and at any time and for any reason, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination Tinman Merchandising, LLC. may immediately deactivate or delete your account and all related information and files in your account including User Content and/or bar any further access to such files or the Services. Further, you agree that Tinman Merchandising, LLC. shall not be liable to you or any third party for any termination of your access to the Services.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tinman Merchandising, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TINMAN MERCHANDISING, LLC. MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Tinman Merchandising, LLC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tinman Merchandising, LLC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tinman Merchandising, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO 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 OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
General Contract Provisions. The Terms of Use constitute the entire agreement between you and Tinman Merchandising, LLC. and govern your use of the Services, superseding any prior agreements between you and Tinman Merchandising, LLC.. The Terms of Use and the relationship between you and Tinman Merchandising, LLC. shall be governed by the laws of the State of Wisconsin. The failure of Tinman Merchandising, LLC. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of the Terms of Use remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.
2. Definitions: In these Terms of Use: “Website” means the website associated with the domain name www.tinmanmerchanising.com, www.tinmanmerch.com or https://tinmanmerchandising.com. “The Services” means all the services offered in conjunction with the Website.
3. Description of Services: Tinman Merchandising, LLC. provides a wide range of Services including but not limited to access to information on apparel products, printed materials, events calendars, blogs, comments, donations, subscriptions, partner profiles and user account services. Any new features added to the Services will also be subject to these Terms of Use, as they may be occasionally modified. Please review these Terms of Use from time to time so that you will be aware of any changes.
Although we will attempt to notify our users of significant changes to the Services or Terms of Use, we may modify the Services or Terms of Use for any reason, and without notice. We may also terminate the Services with or without notice, and without liability to you, any other user, or any third party.
4. Your Obligations: You are responsible for obtaining access to the Website and for paying any fees involved in obtaining that access (such as Internet service provider or airtime charges and the cost of the equipment you use to access the Website).
As a user of the Services, you agree to not use the Services to:
A. post, transmit or otherwise make available any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
B. harm minors in any way;
C. impersonate any person or entity, including, but not limited to, an official of Tinman Merchandising, LLC., or falsely state or otherwise misrepresent your affiliation with a person or entity;
D. disguise the origin of any material posted on or transmitted by Tinman Merchandising, LLC.;
E. post, transmit or otherwise make available any material that you do not have a right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
F. post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
G. post, transmit or otherwise make available any material 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;
H. “stalk” or otherwise harass another; or
I. collect or store personal data about other users.
5. Privacy Policy: Registration Data (as defined below) and any other information we collect about you is subject to our Privacy Policy. For more information, see our full Privacy Policy at http://theswisscenter.com/policy
6. Member Account, Password and Security: If you create an account on the Website, you will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (your “Registration Data”); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (c) immediately notify Tinman Merchandising, LLC. of any unauthorized use of your password or account or any other breach of security; and (d) ensure that you exit from your account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Tinman Merchandising, LLC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Tinman Merchandising, LLC. has the right to suspend or terminate your account and refuse your use of the Services. Your Registration Data will be kept confidential as provided in our Privacy Policy.
7. Partner Profiles and Social Networking: You may create a partner profile page on the Website, including a user profile and any other information you choose to post on the page. By creating a partner profile page, you acknowledge and agree that other users of the Website can access and view your user profile and other information, including any Personal Data (as defined in the Privacy Policy) and User Content (as defined below) on the page. You also acknowledge and agree that other users may interact with you on the page, and may subscribe to RSS feeds about your page, where users will be updated regarding your activity on the page. You can change or delete information on your partner profile page at any time, however, please be aware that any information or material posted to the Website may still be available on archived pages or stored on other users’ pages even after you delete that information or material from your page. You participate in the partner profile features of the Website at your own risk. Tinman Merchandising, LLC. is not responsible for security or privacy breaches or the actions of other users or third parties related to your use of the partner profile features of the Website.
8. User-Generated Content: You may post user-generated content, such as comments, photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, and videos (“User Content”) on the Website. You will remain the owner of the User Content. By posting User Content, you grant Tinman Merchandising, LLC. an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, edit, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. For example and without limiting the foregoing, by posting comments to any portion of the Website, you grant Tinman Merchandising, LLC. the right to use, copy, edit, highlight, feature, distribute, and display those comments or any portion thereof on the Website and in promotions thereof in any manner and for any purpose. By posting User Content, you represent and warrant that you have the right to post the User Content, that no third party rights will be violated by such posting, and that you have the right to grant Tinman Merchandising, LLC. the rights granted herein.
9. Services and Information Provided “As Is.” You understand and agree that the Services are provided “As Is” and that Tinman Merchandising, LLC. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, information, or configuration.
You understand that you, and not Tinman Merchandising, LLC., are entirely responsible for all material that you post, transmit or otherwise make available through the Services. Tinman Merchandising, LLC. does not review or control the material that others post, transmit or otherwise make available through the Services, and accordingly Tinman Merchandising, LLC. does not guarantee the accuracy, integrity or quality of such material.
You acknowledge that although Tinman Merchandising, LLC. does not review material posted on, transmitted or otherwise made available through the Services by others, Tinman Merchandising, LLC. and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any material that is available through the Services, at any time and for any reason.
10. Use of the Services in Other States and Countries: You agree to comply with all local rules regarding online conduct and content.
11. Tinman Merchandising, LLC. Intellectual Property: Tinman Merchandising, LLC. (or its licensor) is the owner of all Website content —graphics, text, trademarks and other elements—including all copyrights, trademark rights and other intellectual property rights embodied therein. Tinman Merchandising, LLC. content and other materials may not be used, reproduced, distributed, displayed, reprinted or retransmitted in whole or in part without the express written consent of Tinman Merchandising, LLC., except that the foregoing does not apply to your own User Content (as defined above) that you legally post on the Website, and is not intended to prevent any “fair use” of the content under U.S. Copyright Law.
12. Third Party Intellectual Property: Tinman Merchandising, LLC. respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person’s copyright or other intellectual property right.
Notices of Claimed Infringement: A notification of claimed infringement must be a written communication provided to the Designated Agent that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
(iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) 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.
(vi) 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.
Upon receipt of a proper notification of infringement, Tinman Merchandising, LLC. will act promptly to remove or disable the allegedly infringing material.
Counter Notifications: If you believe that your User Content has been removed or disabled in error, you may send a written counter notification to the Designated Agent that includes substantially the following:
(A) Your physical or electronic signature.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which Tinman Merchandising, LLC. may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
13. Indemnity: You agree to indemnify and hold harmless Tinman Merchandising, LLC., and its subsidiaries, affiliates, officers, agents, and employees, from any claim or demand by any third party arising out of material you post, transmit or otherwise make available through the Services (including User Content), your use of the Services, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another person or entity.
14. No Commercial Use of Services: You agree to use Tinman Merchandising, LLC. website for personal, non-commercial use only. You may not use the Services to sell a product or service, or to increase traffic to your website for commercial reasons, such as advertising sales. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, access to the Website, or any material available through the Services.
15. Use and Storage of User Material: Tinman Merchandising, LLC. may establish general practices and limits concerning use of the Services, including limits on: the time that user-posted material will be available through the Services; the time that user-posted material will be stored by he Tinman Merchandising, LLC.; the maximum size of any single posted event; the maximum disk space that will be allotted on Tinman Merchandising, LLC. servers on your behalf; the maximum number of times you may access the Services in a given period of time; and the maximum duration of each access. You acknowledge that Tinman Merchandising, LLC. reserves the right to terminate accounts that are inactive for an extended period. You further acknowledge that Tinman Merchandising, LLC. reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
16. Termination: You agree that Tinman Merchandising, LLC., in its sole discretion, may terminate your password, account, or use of the Services, and remove and discard any material available on or stored by Tinman Merchandising, LLC. (including User Content), for any reason, including, but not limited to, lack of use or actions inconsistent with the Terms of Use. Tinman Merchandising, LLC. may also, in its sole discretion and at any time and for any reason, discontinue providing the Services, or any part thereof, with or without notice. You agree that upon termination Tinman Merchandising, LLC. may immediately deactivate or delete your account and all related information and files in your account including User Content and/or bar any further access to such files or the Services. Further, you agree that Tinman Merchandising, LLC. shall not be liable to you or any third party for any termination of your access to the Services.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tinman Merchandising, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TINMAN MERCHANDISING, LLC. MAKES NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Tinman Merchandising, LLC. OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tinman Merchandising, LLC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tinman Merchandising, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO 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 OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
General Contract Provisions. The Terms of Use constitute the entire agreement between you and Tinman Merchandising, LLC. and govern your use of the Services, superseding any prior agreements between you and Tinman Merchandising, LLC.. The Terms of Use and the relationship between you and Tinman Merchandising, LLC. shall be governed by the laws of the State of Wisconsin. The failure of Tinman Merchandising, LLC. to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision or any other right or provision. If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and that the other provisions of the Terms of Use remain in effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.