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.
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.