Conditions of Use
January 1, 2008
Dear Customer,
If you visit or shop at 3tailer.com or any 3tailer property, you accept these conditions. Please read them carefully.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
PRIVACY
Your privacy is of utmost importance to us. Please review our Privacy Policy, which governs your visit to 3tailer.com, to understand our practices further.
ELECTRONIC COMMUNICATIONS
When you visit 3tailer.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, is the property of 3tailer, LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of 3tailer.com and protected by U.S. and international copyright laws.
TRADEMARKS
3tailer, LLC and other marks indicated on our site are registered trademarks of 3tailer, LLC or its subsidiaries, in the United States and other countries. 3tailer.com and other 3tailer.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of 3tailer, LLC or its subsidiaries. 3tailer.com’s trademarks and trade dress may not be used in connection with any product or service that is not 3tailer.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits 3tailer.com. All other trademarks not owned by 3tailer, LLC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by 3tailer, LLC or its subsidiaries.
LICENSE AND SITE ACCESS
3tailer.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of 3tailer.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of 3tailer.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 3tailer.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing 3tailer.com’s name or trademarks without the express written consent of 3tailer.com. Any unauthorized use terminates the permission or license granted by 3tailer.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of 3tailer.com so long as the link does not portray 3tailer.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any 3tailer.com logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 3tailer.com sells products to adults, who can purchase with a credit card. If you are under 18, you may use 3tailer.com only with involvement of a parent or guardian. 3tailer.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and 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 mislead. 3tailer.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant 3tailer.com 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 such content throughout the world in any media. You grant 3tailer.com and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 3tailer.com or its affiliates for all claims resulting from content you supply. 3tailer.com has the right but not the obligation to monitor and edit or remove any activity or content. 3tailer.com takes no responsibility and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
3tailer.com and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
RISK OF LOSS
All items purchased from 3tailer, LLC owned properties 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.
PRODUCT DESCRIPTIONS
3tailer, LLC and its subsidiaries attempt to be as accurate as possible. However, 3tailer, LLC 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 3tailer, LLC itself is not as described, your sole remedy is to return it in unused condition.
PRICING
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:
- If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item.
- 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 3tailer, LLC properties.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY 3TAILER.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS. 3TAILER.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 3TAILER.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 3TAILER.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM 3TAILER.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 3TAILER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting 3tailer.com, you agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and 3tailer, LLC or 3tailer.com.
DISPUTES
Will be handled fairly on a case by case basis.
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