Tennessee Selections

Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE ("USER AGREEMENT") VERY CAREFULLY.


DISCLAIMER NOTICE


PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.

COPYRIGHT © TENNESSEE SELECTIONS, 2006. ALL RIGHTS RESERVED.
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Tennessee Selections unless otherwise indicated.

TRADEMARKS
Tennessee Selections Logos, Labels, Button Tops, are trademarks and service marks of Tennessee Selections and are used and registered throughout the United States of America. 

USE OF INFORMATION AND MATERIALS

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Tennessee Selections web sites and systems including but not limited to unauthorized entry into Tennessee Selections systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by Tennessee Selections and/or its affiliates. 

USE RESTRICTIONS

The copyright in all material provided on this Site is held by Tennessee Selections or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Tennessee Selections or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Tennessee Selections prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.  

 

 GRAHAM-LEACH-BAILEY STATEMENT
Exceeding the requirements of the Financial Modernization Act of 1999 (Graham-Leach-Bailey Act), all Merchants, Applicants, and Customers of Tennessee Selections, are AUTOMATICALLY OPTED OUT of any "data sharing" activities. Merchants and customers that appear on our web site or newsletters have given their EXPRESS permission, or have made statements in the open press.

LINKS
THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES (NON-AFFILIATES OF TENNESSEE SELECTIONS). TENNESSEE SELECTIONS HEREBY DISCLAIMS LIABILITY FOR, ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY OF THE THIRD PARTY SITES LINKED TO THIS WEB SITE. BY CREATING A LINK TO A THIRD PARTY WEB SITE TENNESSEE SELECTIONS, DOES NOT ENDORSE OR RECOMMEND ANY PRODUCTS OR SERVICES OFFERED OR INFORMATION CONTAINED AT THAT WEB SITE, NOR IS TENNESSEE SELECTIONS LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT THOSE SITES. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF TENNESSEE SELECTIONS AND THE THIRD PARTY WEBSITE MAY PROVIDE LESS SECURITY THAN THE TENNESSEE SELECTIONS SITE.  TENNESSEE SELECTIONS WILL NOT KNOWINGLY LINK TO ANY SITE THAT DOES NOT CONFORM TO A HIGH ETHICAL STANDARD OF CONDUCT.

NO WARRANTY
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED "AS IS", "AS AVAILABLE". TENNESSEE SELECTIONS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.

LIMITATION OF LIABILITY
IN NO EVENT WILL TENNESSEE SELECTIONS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF TENNESSEE SELECTIONS, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

Limitation of Liability:


Also, Tennessee Selections WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. Tennessee Selections WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, Tennessee Selections IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

SUBMISSIONS/COMMUNICATIONS
All information submitted to TENNESSEE SELECTIONS via this site shall be deemed and remain the property of TENNESSEE SELECTIONS and TENNESSEE SELECTIONS shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides TENNESSEE SELECTIONS through this site. TENNESSEE SELECTIONS shall not be subject to any
obligations of confidentiality regarding submitted information except as agreed by the TENNESSEE SELECTIONS  entity having the direct customer relationship or as otherwise specifically agreed or required by law. Furthermore, Tennessee Selections is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Tennessee Selections or the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.  Nothing contained herein shall be construed as limiting or reducing TENNESSEE SELECTIONS responsibilities and obligations to customers in accordance with the TENNESSEE SELECTIONS privacy statement.

ORDERS, PAYMENT TERMS: INTEREST: TAXES
Orders are not binding upon Tennessee Selections until accepted by Tennessee Selections. Terms of payment are within Tennessee Selections sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Tennessee Selections may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.

 

AVAILABILITY
This site is not intended for distribution to, or use by, any person or entity in any jurisdiction or county where such distribution or use would be contrary to local law or regulation.

 

ARBITRATION
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Tennessee Selections, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in Kingsport, TN.  Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.


ADDITIONAL TERMS
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.          

PRICING AND INFORMATION DISCLAIMER
All pricing subject to change. For all prices, products and offers, Tennessee Selections reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome!  While Tennessee Selections uses reasonable efforts to include accurate and up-to-date information on the Site, Tennessee Selections makes no warranties or representations as to the Site's accuracy. Tennessee Selections assumes no liability or responsibility for any errors or omissions in the content on the Site.


GOVERNING LAW
Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Tennessee.

Tennessee Selections Privacy Statement:  

Privacy for Web Visitors
One can visit our Web site with complete privacy. A Web site visitor can choose to provide customer-specific information by ordering a product or service, sending us e-mail or registering on a company Web site. Any information provided by a Web site visitor is held strictly confidential within the family of Advanced Merchant Solutions, Inc. companies, it's authorized agents, strategic partners, and financial service providers, and will not be sold, rented, leased, or otherwise made available to any other organization or business.  

Types of Customer Information
On some Web pages users can order products, make requests or register to receive information. Such customer-specific information will be used to fulfill the specific request or purpose for which it was provided. In addition, such voluntarily provided information may be occasionally used to offer products and services that may be of interest.  Customer "testimonials" and praise for our products and services sent to us may be used on our website. These "testimonials" will have the personal information suppressed, unless we have received specific permission to include this information, or it is already in the public domain- ex: magazine article, blog, website, or other publicly accessible document.  

Privacy of On-line Personal information
No personal information obtained on-line is released outside of the family of Tennessee Selections companies or its authorized agents, except with the customer's permission, as required by law, for safety reasons, or to survey customer satisfaction, under nondisclosure protection. We use the information provided when placing an order to complete that order. We do not share that information with outside parties except as necessary to fulfill the on-line order (e.g., providing the "ship to" address to our shipper.) We may also use that information to offer other products or services of interest.

We do not sell, rent, lease, or make available, customer information to any outside party.

Use of Customer Information 
Information collected on-line, including those who place an order on-line, may be used within the Tennessee Selections family of companies or by an authorized agent to inform the user about services and products of potential interest. Customers might be contacted by telephone, direct mail or e-mail to keep them up-to-date on new products and services offered by Tennessee Selections family of companies or an authorized agent.

Access by Children
Tennessee Selections Web sites are not structured to attract children under the age of 13. Advanced Merchant Solutions, Inc. and its affiliated companies believe there is no information on its Web sites which is inappropriate for viewing by children. Ordering on-line products and services from Advanced Merchant Solutions, Inc.'s affiliated companies is limited to adults.

 

 

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