Thursday, August 14, 2014
TERMS AND CONDITIONS
Welcome to The TaTa Top, Corp. Website (the “Site”). Please review the following terms and conditions of use, which govern your use of the Site (the “Agreement”). BY ACCESSING OR OTHERWISE USING THIS SITE YOU AGREED TO THESE TERMS AND CONDITIONS. YOUR USE OF THIS WEBSITE IS CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEEMENT. We reserve the right to update and/or modify the Agreement at any time without prior notice. We encourage you to review the Agreement, and if you do not accept all of these Terms and Conditions, do not use this Site.
Information displayed on this website may change without notice. We reserve the right to modify such information without any obligation to notify past or current Site users. We make no representations that the materials on this Site are appropriate or available for use in any particular state or other countries besides the United States. When accessing this Site you are solely responsible for compliance with the laws of the state or country in which you live.
All offers set forth on this Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
CONTENT AND LICENSES
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of The TaTa Top, Corp. or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The TaTa Top, Corp. expressly reserves all intellectual property rights in all Content, and other trademarks appearing on the Site are the trademarks of The TaTa Top, Corp.
This Site and all materials on this Site are intended solely for personal use and for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms and Conditions. Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by the The TaTa Top, Corp.
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms and Conditions. As a condition of your use of this Site, you warrant to The TaTa Top, Corp. that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. Unless otherwise specified, this Site and the Contents are intended to promote The TaTa Top, Corp.’s products and services available in the United States. This Site is controlled and operated by The TaTa Top, Corp.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number which you provided at the time the order was made.
If you wish to purchase any product or service made available through the Site (a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to The TaTa Top, Corp.’s the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. The TaTa Top, Corp. reserves the right, with or without prior notice, to do any one or more of the following: (1) limit the available quantity of or discontinue any product or service; (2) bar any user from making or completing any or all Transaction(s); and (3) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
ERRORS OR INACCURACIES
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
If an item is out of stock, The TaTa Top, Corp. may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if The TaTa Top, Corp. in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging. The TaTa Top, Corp.’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. The TaTa Top, Corp. makes a conscientious effort to describe and display its products and services accurately on the Site.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
DISCLAIMER OF WARRANTIES
The TaTa Top, Corp. (INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO THE CUSTOMER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (WHETHER ARISING UNDER BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE), ARISING FROM THE SUPPLY OR USE OF, OR INABILITY TO SUPPLY OR USE, The TaTa Top, Corp. PRODUCTS AND/OR SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, OR LOST BUSINESS, EVEN IF The TaTa Top, Corp. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, The TaTa Top, Corp. SHALL IN NO WAY BE LIABLE FOR ANY DAMAGES EXCEEDING THE TOTAL AMOUNT PAID BY CUSTOMER FOR The TaTa Top, Corp. PRODUCT OR SERVICE FROM WHICH A DISPUTE ARISES.
The materials on the Site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. The TaTa Top, Corp. expressly disclaims any duty to update or revise the materials on the Site, although The TaTa Top, Corp. may modify the materials at any time without notice. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site The TaTa Top, Corp. shall not be liable for any damages of any kind related to your use of the Site.
LINKS TO OTHER WEBSITES
The Site may contain links to other Web sites that are not under the control of The TaTa Top, Corp. and has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. Links are provided solely for the convenience and information of the Site’s users.
You agree to defend, indemnify and hold The TaTa Top, Corp. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site, our products and/or your breach of any representation, warranty, or other provision of the Agreement.
CHOICE OF LAW; DISPUTE RESOLUTION
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF ILLINOIS, UNITED STATES OF AMERICA, WITHOUT REGARD TO ILLINOIS’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ILLINOIS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ILLINOIS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF ILLINOIS LOCATED IN COOK COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS AND CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
These Terms and Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and The TaTa Top, Corp. with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms and Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms and Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms and Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms and Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about The TaTa Top, Corp. or your use of the Site, please contact us with a detailed description, and we will try to resolve it.