terms OF USE and conditions
By using this site, you agree to be bound by the following terms of use and conditions (referred to herein as this "agreement" or these terms of use and conditions:
1. Restrictions on Use. This site is owned and operated by Tao Freedom LLC ("TF") and may contain material which is derived in whole or in part from other sources. "Tao Freedom" is a service mark owned by Tao Freedom LLC. The material on this site and the third party sites (defined below) may be protected by national and international copyright, trademark and similar laws. You may not modify, copy, reproduce, republish, upload, post, transmit, disseminate, reverse engineer, reverse assemble, sell or distribute in any way any material from this site, including, without limitation, code and software. Printing of any materials from this site is strictly limited to personal, non-commercial, use. You shall have no rights to the proprietary software and related documentation or any enhancements or modifications thereto that permit you to access this site.
2. Links. Links provided on this site to third party sites are provided solely as a convenience to you and the provision of a link to a third party site does not constitute an endorsement by TF of such third party site or its provider or any of the content, products or services contained or offered in such third party site. TF makes no representation or warranty, express, implied or otherwise, concerning the accuracy, availability or lawfulness of any third party site. The links to each third party site are provided for reference and as citations and are not intended to state or imply that TF is affiliated or associated with, or legally authorized to use, any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol or material contained in the link.
3. Disclaimer. This site and its contents and the third party sites and their contents are provided on a strictly "as is" and "as available" basis and without warranties or representations of any kind, express, implied or otherwise. TF specifically disclaims all representations and warranties, express, implied or otherwise, including, without limitation, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and any warranty as to results that may be obtained through the use of this site or, to the extent permitted by applicable law, for all products purchased through this site. No advice or information that you obtain from TF, whether written or oral, shall create any warranty from TF. TF does not warrant that the functions contained in the materials furnished on this site or any third party site will be uninterrupted or error-free, that defects or errors will be corrected or that this site or any third party site, as the case may be, will be available, free of viruses or other harmful components. TF further disclaims any representation or warranty that the content of this site or any third party site is timely, accurate, correct or reliable. In the event a product is listed at an incorrect price on this site due to typographical error or error in pricing information received from our suppliers, TF shall have the right to (i) refuse or cancel any orders placed for product listed at the incorrect price and/or (ii) refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TF shall issue a credit to your credit card account in the amount of the incorrect price. Your use of this site is solely at your own risk.
4. No Relationship. Except as otherwise set forth herein, the use of this site and the content hereof and/or any third party site and the content thereof, and the provision of any information while using this site or any third party site (including, without limitation, e-mail services), shall not create and/or constitute any relationship between you and TF, including, without limitation, business or otherwise. This site and the third party sites are provided solely for educational, informational and/or entertainment purposes.
5. Limitation on Liability. Under all circumstances, including, without limitation, negligence, tort and strict product liability, your use of, or inability to use, this site and any third party site is solely at your own risk. TF shall not be liable for any direct, indirect, consequential, incidental, special, punitive or other damages (whether liability is asserted in contract, tort or otherwise), costs or expenses including, without limitation, lost profits, lost data, loss of good-will, loss of or damage to property or claims of third parties arising out of, in connection with, or relating to, your use of this site and/or any third party site. TF shall not be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including, without limitation, intellectual property or similar rights. Should you be dissatisfied with this site and/or the content hereof and/or any third party site and/or the content thereof, your sole and exclusive remedy is to discontinue use of each such site. To the extent permitted by applicable law, the foregoing remedy shall apply even if TF knew or should have known of the possibility of damage to you by use of this site or any third party site. In all events, the liability of TF to you, if any, shall be the amount you paid to TF in respect of purchase's made through this site. Certain jurisdictions may not allow the limitation or exclusion of liability, so the above limitations may not apply to you.
6. Copyrighted Materials. This entire site (including, without limitation, text, graphics or code) are copyrighted and protected by US Copyright (© 2006) and International Law. All rights are reserved. It is not possible for TF to review all communications and materials posted to or created by users accessing this site. TF shall not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content, if any, on this site, TF is acting solely as a conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities. In accordance with Title 17 U.S.C. 512, as amended by Title II of the Digital Millennium Copyright Act, TF has implemented procedures for the removal of material that is copyright protected and infringed upon. If you believe that a copyright has been infringed upon, please provide TF with written, signed, notification by mail addressed to the "Privacy Policy Officer" at the addressed set forth in section entitled "contact us" below. Notification must include the following information: (i) identification of the copyrighted material claimed to have been infringed upon; (ii) information as to the location of such copyrighted material sufficient to enable TF to locate such material; (iii) information sufficient to enable TF to contact the owner of the such copyrighted material; (iv) a statement that the use of the material is not permitted or authorized by the owner of such material; and (v) a statement that the information contained in the notification is certified as true under the penalties of perjury. Notification that fails to comply substantially with the foregoing will not constitute knowledge or awareness as to any alleged infringement.
7. Trademarked Materials. All trademarks, service marks and trade names of TF used herein (including without limitation the words "Tao Freedom". Are trademarks, service marks or registered trademarks of TF.
8. Indemnification. You shall defend, indemnify and hold TF and its affiliates and their respective shareholders, directors, officers, employees and/or agents harmless from and against any and all claims, costs and expenses including, without limitation, attorneys fees incurred by TF and its affiliates and their respective shareholders, directors, officers, employees and/or agents relating to your use of this site and/or any third party sites.
9. Choice of Law. Your use of this site shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws provisions or principles. In the event of any action or proceeding, venue in such action or proceeding shall lie in the State, City and County of New York and you consent to personal jurisdiction of the courts of the State of New York. If any provision or portion thereof set forth in these terms of use and conditions shall be found to be unlawful, void or, for any other reason unenforceable, then such provision or portion thereof shall be deemed severable and shall not affect the validity and enforceability of any other provision. To the extent permitted by applicable law, you agree that, by using this site, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of, in connection with or relating to, your use of this site and/or these terms of use and conditions, must be filed within one (1) year after the claim or cause of action accrued or such claim or cause of action shall forever be barred.
10. Privacy Policy. (a) We may collect customer information to improve your overall shopping experience with us. We respect your privacy and are committed to maintaining and using this information responsibly. This privacy policy only addresses the use and disclosure of information we collect from you on our website. By using this site, you expressly permit us to collect and use the information we collect from you.
(b) You may be asked for your credit card and other personal identifying information (such as billing address, telephone and email address) in connection with your payment to TF for the purchase of products and/or services on this site. This information is transmitted to TF using a secure, encrypted form using SSL technology. Once you enter our SSL transmission page, your computer should begin communicating with our server in secure mode. Please verify that you are in secure mode; such verification can be made by viewing the page's web address which should change from "http" to "https". Additionally, depending on your browser, you should see either a padlock (Microsoft Internet Explorer, AOL, Netscape Communicator) or a solid key (Netscape Navigator) in the lower section of your browser window.
(c) Any personal information you provide to us on our website when you register with us, or otherwise, is maintained in private files on our secure Web server and our internal systems. We may share information about you with third parties in order to help us provide better service to you. These third parties may be given access to some or all of the information you provide to us and may use cookies on our behalf.
(d) TF makes no representation as to whether, or in what manner, any third party site collects personal identifying or credit card information or otherwise.
(e) By cookie technology, TF may track certain information relating to your visit to this site so that TF may better serve you. Cookies are text files that are commonly deposited by sites on a user's hard drive. The file identifies a user's computer and can record a user's preferences and certain other information. Generally, cookies make it easier for you to interact with a site. You may be able to prevent TF's collection of such data by setting your browser to reject cookies but blocking cookies may adversely affect your ability to interact with this site. You may be able to find your own cookies files on your hard disk and see what information is being stored in such files and by which sites and may be able to delete information contained in such cookie files. To find a cookie file, search for cookie.txt, cookies or MagicCookie.
(f) There may be certain instances in which TF discloses information collected about users of this site. Such instances include, without limitation, disclosure TF believes necessary to (i) comply with applicable law or legal process; (ii) protect its rights and property; (iii) protect against misuse of this site; or (iv) protect the safety of users of this site and others.
(g) We are concerned about the privacy of young children and we do not knowingly collect any personal information from a child under 13. We will not knowingly sell our products for purchase by children and all children's products we may sell are for purchase by adults only.
(h) TF reserves the right to change its policy relating to the collection of information, in its sole discretion, without advance warning to you or any user of this site. In the event of a change in policy, TF will endeavor to provide updated information relating to its policies on this web page as soon as possible. Your continued use of this site is conditioned upon your agreement to be bound by the latest terms of use and conditions.
11. Contact Us. You may contact TF with questions about these terms of use and conditions, including TF's privacy policy, by emailing TF at info@taofreedom.com. TF's mailing address is as follows: 694 metropolitan ave., suite #406, brooklyn, ny 11211.
12. Miscellaneous. TF reserves the right to terminate your access to this site at anytime for any reason.
13. Headings/Termination of Agreement. The section headings provided in these terms of use and conditions are provided for reference purposes only and have no legal significance. The provisions of these terms of use and conditions shall survive the expiration or termination of this agreement.
14. Acknowledgement. You are responsible for reviewing and becoming familiar with all of these terms of use and conditions, as same may be amended from time to time. By using this site, you acknowledge that (i) you have read and understand these terms of use and conditions and that you agree to be bound by the terms, provisions and conditions set forth herein, as same may be amended from time to time and (ii) the disclaimer, limitation on liability and indemnification provisions set forth in these terms of use and conditions are an agreed upon allocation of risk and form an essential part of your agreement of use of this site, without which agreement TF would not enter into this agreement or permit your use of this site. If you do not agree to be so bound for any or no reason, you are directed to discontinue use of this site immediately. |