1. INTRODUCTION: By using this site, you agree to these terms and conditions (also referred herein to at times as “agreement”). If you do not agree to these terms and conditions, do not use this site. TBC Brands, LLC (“TBC”) reserves the right, at its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Therefore, please review these terms and conditions often for changes. Your continued use of this site after the posting of changes to these terms and conditions will mean that you accept those changes. In addition, TBC may, at any time: (a) change the format and content of this site, (b) suspend the operation of this site for maintenance or support work for any reason, (c) terminate the site and/or a user’s access to this site without notice and/or (d) change the functionality and design of the Site and the equipment/service/software to use the site. For purposes of this agreement “you” and “user”, regardless of capitalization, means the user of and/or individual/entity accessing the TBC website.
2. USE AND INTELLECTUAL PROPERTY: TBC owns and operates this site. Copyright, trademark, and other intellectual property laws protect the site and the material contained thereon. By allowing you access to this site, TBC does not and is not granting you any rights, by implication or estoppels, or otherwise, any license or right to use any material or mark displayed on this site. TBC strictly prohibits you from using the marks and material displayed on this site and any other content on this site, except as provided in these terms and conditions. Further, you have no right to upload any material to this site and/or change any material/contents on this site. Moreover, by using this site you agree that you shall not engage in unethical and/or any illegal activity, such as, but not limited to, attempting to obtain other user’s information, page scraping, reverse engineering, attempting to and or placing spiders, robots, or viruses on this site, posting defamatory or hate speech or images, track or probe, scan or test the vulnerability of the site or any network connected to the site, or breach the security or authentication measures on the site or any network connected to the site. TBC will aggressively enforce its rights, including its intellectual property rights, to the fullest extent of the law, including seeking criminal prosecution, if appropriate.
3. INFORMATION: Information provided on this site is intended to be general in nature and, therefore, you should not rely on such information in connection with making any decisions. TBC tries to ensure that all information provided on this site is accurate at the time it is placed on this site but does not guarantee the accuracy of the information. TBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL ON THIS SITE OR ON THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. TBC shall not be held responsible or liable for any action you may take resulting from your reliance on provided information or for any damages or loss; you may suffer as a result of your actions.
4. DISCLAIMERS/LIMIT OF LIABILITY: YOU ACCESS THIS SITE AT YOUR OWN RISK. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS-IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TBC MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE PRODUCT INFORMATION PROVIDED ON THIS SITE OR THE ACTIONS OF ANY INSTALLER OBTAINED THROUGH THIS SITE. TBC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE INFORMATION ON THIS SITE, INCLUDING PRODUCT RELATED INFORMATION, AND ASSUMES NO RESPONSIBILITY FOR ANY ACTIONS OR INACTIONS OF ANY ENTITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TBC DOES NOT WARRANT THAT THE FUNCTIONALITY OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TBC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS, INFORMATION ON THIS SITE, OR FUNCTIONS ON THIS SITE OR ANY ACTIONS OR INACTIONS OF AN ENTITY, EVEN IF TBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TBC SHALL NOT BE LIABLE FOR ANY CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL TBC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY PURCHASE YOU MADE ON THIS SITE WITHIN THE LAST TWELVE MONTHS OF THE EVENT FOR WHICH YOU CLAIM LIABILITY AGAINST TBC.
5. EXTERNAL THIRD PARTIES: This site may include links and pointers to external sites maintained by third parties. TBC has no control over these third party sites or any products, services, or information provided on these third party sites. These links and pointers are provided to you to help find relevant sites, services, and products quickly. TBC, explicitly disclaims any responsibility for the accuracy, content or availability of information found on sites that link to or from this site. TBC cannot ensure that you will be satisfied with any products or services that you purchase from a third party site. TBC does not endorse any of the merchandise, nor has it taken any steps to confirm the accuracy or reliability of any of the information or content contained on such third party sites. TBC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against TBC with respect to such sites and third party content. TBC strongly encourages you to make whatever investigation you feel is necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. LINKS: You may not provide a hypertext link or other link to this site without TBC’s written permission. TBC will consider your request to link to this site; however, it is TBC’s sole decision as to whether or not TBC agrees to your request. If you are interested in creating a link to this site, please contact TBC and provide the following information: (a) the URL(s) of the web site pages from which you are proposing to link to this site, and (b) the URL(s) of the web site pages on this site to which you are proposing to link.
7. COMMUNICATIONS: Any communication or material you transmit, other than personal identifiable information, information requested by TBC, information needed to search for products on the site, or to purchase or select products on the site, to TBC via electronic mail or otherwise is unsolicited by TBC and is deemed non-confidential. By transmitting information to TBC, including, but not limited to, posting messages, uploading files or engaging in any other form of communication through this site, you are granting TBC a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
(a) Copy, use, adapt, transmit, sublicense, publicly perform or display such communication, and
(b) Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted regarding this communication. The foregoing grants include the right to exploit any proprietary rights in such communication, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
8. INDEMNIFICATION: User agrees to defend, indemnify, and otherwise hold harmless TBC from and against any cause of action or claim, damages, liabilities, fines, fees, costs, including legal fees, and expenses related to user’s use of the site.
9. Confidentiality: You acknowledge that the TBC site contains valuable trade secrets and confidential information of TBC (hereinafter referred to as "Confidential Information"), and that you and that anyone else you may expose to the site or/and has access to the site has access to such Confidential Information of TBC. The non-public information on the site shall be considered for the purposes of this agreement as Confidential Information, unless marked otherwise. You agree that you and anyone using your password and account shall not copy, divulge, transfer, use, sell, license, lease or otherwise disclose the Confidential Information of TBC except as otherwise provided in this agreement. You shall maintain the Confidential Information of TBC in strict confidence , not disclose to any third party with the express written consent of an officer of TBC, and shall use the Confidential Information solely in connection with its rights and obligations pursuant to this agreement. You shall have no liability with respect to Confidential Information of TBC which: (i) was in the public domain at the time it was disclosed by TBC to you; (ii) is approved for release by prior written authorization of TBC; or (iii) is obligated to be disclosed by you pursuant to court order or other governmental requirement.
10. GENERAL: This agreement constitutes the entire agreement between TBC and you with respect to the subject matters contained on this website and this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written or verbal. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. In the event of any dispute arising regarding these terms and conditions, whether in contract or tort or otherwise, the dispute shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made in and to be performed in that state. TBC and you hereby irrevocably and unconditionally consent to submit to the jurisdiction of the courts of the State of Florida, Palm Beach County Florida and of the United States of America located in Palm Beach County, whichever is applicable, for any actions, suits or proceedings arising out of or relating to this agreement (and the parties agree not to commence any action, suit or proceeding relating thereto except in such courts). TBC and you hereby irrevocably and unconditionally waive any objection to the laying of venue of any action, suit or proceeding arising out of this agreement, in the courts of the State of Florida located in Palm Beach County or the United States of America located in Palm Beach County, Florida, whichever is applicable, and hereby further irrevocably and unconditionally waive and agree not to plead or claim in any such court that any such action, suit or proceeding brought in any such court has been brought in an inconvenient forum. TBC and you further hereto waive any right to a trial by jury. In the event of the termination of this agreement, paragraphs 2,3, 4, 5, 6, 8, 9, and 10 of this agreement shall survive. NOTE: To avoid any confusion, the use herein and/or the reference to in this document of TBC Brands, LLC , TBC, or “we” or “our” encompasses TBC Brands, LLC and any of its affiliates, subsidiaries, parents (direct and in-direct), related entities, successors, predecessors, assigns and its and their employees, officers, directors and owners.