Touch of New England, LLC Terms and Conditions
Welcome and thank you for your interest in Touch of New England, LLC and Our website located at www.touchofnewengland.com
(the “Site”). This website and any mobile application (collectively, this “Site”) is owned by Touch of New England LLC (“We”, “Us,” “Our,” or “Touch of New England”). We are providing you with access to Our Online Store (“Store”) and to this Site (together, Our “Services”) subject to the following terms and conditions.By browsing, accessing, using, registering for, or purchasing merchandise on this Site or otherwise using Our Services, you are agreeing to and are bound by all the following terms and conditions, including any policies referred to herein (collectively, these “Terms”). Please read these Terms carefully. We reserve the right to change this Site and these Terms at any time by updating this posting. If you are unwilling to be bound by these Terms‚ you should not browse, access‚ use‚ register for or purchase merchandise from the Services.
Use of This Site
Subject to your compliance with these Terms‚ We grant you a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ spiders, robots‚ or similar data gathering and extraction methods on this Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user’s use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures, or attempting to exceed the limited authorization and access granted to you under these Terms. You may not use‚ frame, or utilize framing techniques to enclose any of Our trademark‚ logo‚ content, or other proprietary information (including the images found at this Site‚ the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ you may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part.You may not use the Site, and We specifically prohibit any use of the Site, for any of the following purposes:
- Posting, communicating or transmitting any material that infringes on any intellectual property, publicity, or privacy right of another person or entity;
- Posting any information which is untrue, inaccurate, or not your own;
- Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
- Attempting to interfere in any way with the Site’s or Our network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
- Using the Site to drop ship merchandise to third parties.
Any breach of these Terms shall result in the immediate revocation of the license granted without notice to you.You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.You are responsible for your own communications, including the transmission, uploading, or posting of information to the Site and are responsible for the consequences of such communications.
You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian and in either case that you are fully able and competent to enter the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and have not previously been removed or suspended from the Service.We reserve the right to revoke your ability to access the products and services offered on the Site for any reason at any time, without notice. If you are a minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these Terms. Use of the Site is void where prohibited by law.
This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit, and/or store content such as text, audio clips, images, video, data, or code provided by or otherwise made accessible on or through the Site. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. User Content may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that all Content, including User Content, accessed by you using the Services is at your own risk, and you are solely responsible for any damage or loss to you or any other party resulting therefrom.By using any Interactive Features, you agree not to post, upload, transmit, distribute, store, create, or otherwise publish or send through the Site any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable, determined at our discretion;
- User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability, or violate any local, state, national or international law;
- User Content that displays, describes, or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer;
- User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where you have not obtained such individual’s consent;
- User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
- User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
- Viruses, malware of any kind, corrupted data, or other harmful, disruptive or destructive files or code.
Rights in User Content
Except as otherwise provided in these Terms, on this Site, or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site.By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title, and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit comments, original creative materials, ideas, and/or other information regarding this Site, Us, and Our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Rules of Conduct
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- Upload, download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms;
- Infringe upon or remove any copyright‚ trademark, or other proprietary rights notice nor any portion of any web pages contained in or on the Site;
- Use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
- Collect any information about other users for any purpose other than to solicit and/or share reviews with other users;
- Create user accounts by automated means or under false or fraudulent pretenses;
- Create or transmit to other users any unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
- Transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb, or other feature designed to damage or degrade in any manner the performance of this Site, any other Web site, or any computer or other device or system‚ or the enjoyment of this Site by any user, or interfere in any way with the proper working of the Services or the Site;
- Use this Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
- Submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
- Post any information which is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in Our sole discretion;
- Copy or store any User Content offered on this Site other than for your personal‚ non-commercial use;
- Impersonate any person or entity of or representing Touch of New England;
- Take any action that imposes‚ or may impose‚ in Our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
- Use this Site and/ or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
This Site is owned and operated by Touch of New England. The visual interfaces including all images‚ text‚ icons‚ audio clips‚ software‚ source code, and other aspects and arrangements, improvements, and/or modifications thereof and all derivative works based thereon (collectively, the “Site Content”)‚ are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights and applicable laws. All Site Content is the copyrighted property of Touch of New England or its subsidiaries or affiliated companies and/or third parties, except for User Content, to which you retain your copyrights.All trademarks, service marks, and trade names are proprietary to Us or Our affiliates and/or third parties. The use of any such marks without express written consent is strictly prohibited. You may not use Our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion, that disparages or discredits us, nor in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.
Digital Millennium Copyright Act Compliance
We respect the rights of copyright owners and expect Our users to do the same. Therefore, as required by the Terms, infringing content may not be submitted to the Services or used in, whole or in part, in any User Content.
If you upload User Content that contains any copyrighted work of any kind, then you must be the owner of such works or have all required rights, licenses, consents, and permissions to use such works on the Services and grant the rights granted herein. In addition to being grounds for removal of your User Content, termination of your account, and any other remedy Touch of New England may have against you, your failure to own or obtain such rights may subject you to civil and/or criminal liability, the damages for which can be significant.
Copyright Owner Rights
If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Services infringes upon your copyrights or other intellectual property rights, then you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”). We will process notices of alleged infringement that We receive and will take appropriate action as required by the DMCA. The DMCA requires that notifications of claimed copyright infringement should be sent to the following address: Touch of New England LLC, PO Box 756, Dover, NH 03821-0756. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that Site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is/are allegedly infringed by the aforementioned content.”).
Please contact Us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms.
Governing Law & Jurisdiction
The laws of the State of New Hampshire shall govern these Terms without regard to conflict of law provisions.
Dispute Resolution and Arbitration
In the interest of resolving disputes between you and Touch of New England in the most expedient and cost effective manner, you and We agree that any and all disputes arising in connection with these Terms shall be resolved by binding and confidential arbitration in Concord, New Hampshire; provided, however, that to the extent that you have in any manner violated or threatened to violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court in the State of New Hampshire.Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes but is not limited to all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. You understand and agree that, by entering into these Terms, you and We are each waiving the right to a trial by jury or to participate in a class action.Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”). For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at https://www.adr.org
.The arbitrator’s award will be final and binding and may be entered into as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms will be joined to an arbitration involving any other party subject to this Terms, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of this Site or these Terms must be filed within one (1) year after such claim of action arose or be forever banned. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU AND TOUCH OF NEW ENGLAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both you and We agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Important Information for New Jersey Residents
If you live in New Jersey, please carefully read these Terms of Service and understand that by using the Site or Services, placing an order on the Site or through the Services, or signing up for a Subscription, in addition to the other terms and conditions you agree that: (1) any dispute between Us will be governed by New Hampshire law addressed in binding arbitration in New Hampshire (See Governing Law and Jurisdiction); (2) under the laws of the State of New Jersey, limitations on implied warranties or the exclusion or limitation of certain damages as set forth above (See General Disclaimers) may not apply to you; and (3) you are responsible for any harm (See Indemnification) that you cause Us, whether it is because of (a) your User Content; (b) your violation of any applicable law that protects Us or Our legal rights or those of any third party that your actions have damaged; (c) your breach of these Terms of Service; (d) infringement by you of any intellectual property, privacy or other rights of Touch of New England or any third party; or (e) any and all activities that occur under your Account, username, and/or password.
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:The name and address of the provider of this service is Touch of New England, LLC, PO Box 756, Dover, NH 03821-0756. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to email@example.com
. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
Disputes with Other Users
We do not have any control over the actions of Users, nor can We ensure that any User will comply with these Terms, or with any separate terms on which Users may interact with each other. If you have a dispute with another User, including any dispute with an Artisan, that dispute is directly between you and the other User, and you release Us (and Our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
We control and operate the Site and the Services from the United States. We make no representation that materials on the Site or made available through the Services are appropriate or available for use outside the United States. If you choose to access this Site or use the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. We may ship to locations outside of the United States and reserve the right to apply additional shipping and handling charges to any orders shipped outside of the United States.
We take security seriously. As part of Our order processing procedures, We may screen orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order and/or any account due to suspected fraud or unauthorized or illegal activity.
The Subscription Contract Between You and Us
We offer three purchase types: re-billable subscriptions of one, three, or six months (“Monthly Subscriptions”); re-billable or non-re-billable prepaid gift subscriptions of one, three, or six months (“Gift Subscriptions”); and individual item purchases from Our online store as available (“Store”).
Monthly & Gift Subscriptions
By purchasing a Monthly Subscription or a Gift Subscription, you acknowledge that the subscription has an initial and a recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. If you elect a 3- or 6-month subscription, you will be charged upfront for the entire duration of that subscription. This is non-refundable.Your subscription will be automatically renewed at the end of each subscription period, until cancelled. For example, if you subscribe to the monthly plan, your subscription will auto-renew each month at the 1-month price. If you subscribe to the 3-month plan, your subscription will auto-renew at the end of your initial 3-month period, and it will continually auto renew quarterly at the 3-month discounted price, until cancelled. This is the same process for the 6-month subscription. BY CHOOSING TO SIGN UP FOR A SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION HAS A RECURRING PAYMENT FEATURE, AND YOU ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION OF YOUR SUBSCRIPTION. CANCELLATION OF YOUR SUBSCRIPTION WILL NOT AFFECT CHARGES INCURRED PRIOR TO THE EFFECTIVE DATE OF CANCELLATION DATE. Cancellation notification will not affect charges submitted before We reasonably could act.If you cancel your subscription, it will continue until the duration is expired, but it will not auto-renew or rebill. For example, if you purchase a 3-month subscription, you will be charged upfront for that subscription. If you cancel your enrollment the next day, your subscription will continue for the 3 months, but you will not be renewed or recharged at the end of that 3-month period.
Purchases of individual or multiple items from Our Store are charged at the time of purchase and do not auto renew.
All renewals are processed on the 1st of each month. You must cancel your subscription in your Account page of the Site prior to the 30th of each month. After your cancellation request, you will still be charged for any shipments which have been sent to you. If you cancel your Subscription, We will not automatically renew your Subscription thereafter. Our cancellation procedures are also detailed to you during Check Out and are available on Our FAQ page.
Products, Pricing, & Availability
Touch of New England provides a platform to help artists and producers showcase their creations and provides a means of getting products to the public. Although we strive to ensure that information on the Site is complete and reliable, We are not creators of products and as such are not responsible for misrepresentations or accuracy of product descriptions, nor the quality, safety, or legality of items sold in Our Services, although We will in good faith provide the most accurate information possible including but not limited to product description, quantity, and pricing. We may correct Service errors and may terminate a promotion at any time without notice and without liability (including after an order has been submitted or acknowledged). We expressly disclaim any and all warranties relative to products included in Our Services.We reserve the right to change the Charges for Our subscriptions at any time, at Our sole discretion, with at least thirty (30) days advance notice to you. Notice will be provided via email. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that We may accumulate charges incurred by you or under your Account and submit them as one or more aggregate charges during or at the end of each billing cycle.
We use a third-party payment processor (the “Payment Processor”) to bill you for your orders made through the Site and, if you are a subscriber, the charges for any shipments We send you in connection with your Subscription. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to place an order through the Site or by signing up for a Subscription, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for your order and/or for any shipments We send you in connection with your Subscription in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”).You may change your Payment Method at any time through your Account. We reserve the right to correct any errors or mistakes made the Payment Processor even if it has already requested or received payment from you. If We, through the Payment Processor, do not receive payment from you, you agree to pay all amounts owed by you to Us upon demand.
Current Information Required
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR ACCOUNT AND MUST PROMPTLY UPDATE INFORMATION AS IT CHANGES (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). YOU MUST PROMPTLY NOTIFY US IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USERNAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY LOGGING INTO YOUR ACCOUNT SETTINGS. IF YOU ARE A SUBSCRIBER AND FAIL TO PROVIDE ANY OF THE NOTED INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR YOUR SUBSCRIPTION UNLESS AND UNTIL YOUR SUBSCRIPTION TERMINATES, IN ACCORDANCE WITH THESE TERMS OF SERVICE.
Returns & Exchanges
We hope you love your new Touch of New England products. Because these products are unique, handcrafted, commissioned, and/or specially designed by artisans, We cannot offer refunds or exchanges. However, if products are damaged during shipping, contact firstname.lastname@example.org
for further evaluation.
Purchases on this Site
You agree that all your transactions with or through this Site will be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that We are required to provide to you.The risk of loss and title for items purchased by you on this Site pass to you upon Our delivery of the items to the shipping carrier.We reserve the right to increase, decrease, and add or eliminate charges periodically and without prior notice, so you agree to check all charges before placing an order or signing up for a service.Only valid credit cards or other payment method acceptable to Us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize Us to charge your order (including taxes, shipping, handling, and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.All items are subject to availability, and We reserve the right to impose quantity limits on any order, to reject all or part of an order, to replace an item with an item of similar type and value, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Third Party Services
This Site may contain links to other sites on the Internet that are owned and/or operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.We may now or in the future allow you to link your account(s) on the Services to your accounts on third party services, such as social networking sites (“Linked Accounts”). If you link your account on the Service to a Linked Account, you are authorizing Us to store and use your access credentials to access your Linked Account on your behalf as your agent to integrate your experience with the Service with content, information, and features available through such Linked Account. This may include importing the contacts, preferences, interests or “likes” of the Linked Account, and/or pushing updates regarding your use of the Service out to your Linked Accounts. Linking, accessing, or using a third-party service through the Service in this manner may be subject to additional terms established by the applicable third party, and it is your sole responsibility to comply with such third-party terms.
You may terminate the Terms at any time by closing your account, discontinuing your use of this Site, and providing Us with a notice of termination. If you are dissatisfied with the Service, please notify Us via email at email@example.com
. Your only remedy with respect to any dissatisfaction with the Service, the Terms, any Touch of New England policy or practice, or any content or information transmitted or made available through the Service, is to terminate your use of the Service. You may terminate your use by closing your account and discontinuing your use of any and all parts of the Service, or by providing Us with notice of termination at firstname.lastname@example.org
.We reserve the right, without notice and in Our sole discretion, to terminate your right to use this Site, or any portion of this Site, and/or to block or prevent your future access to and use of this Site or any portion of this Site.If We terminate your Subscription, We will not charge you for subsequent, consecutive renewals to the current Subscription, except for any shipments already in progress. Any fees paid hereunder are non-refundable.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and Our subsidiaries and affiliates, and Our respective officers, directors, agents, partners, members, employees, independent contractors, service providers, suppliers, and consultants (“Our Related Parties”), from and against any claims, damages, costs, liabilities, and expenses (collectively, “Claims”) arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store, or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of any applicable law that protects Us or Our legal rights or those of any third party that your actions have damaged; (e) your violation of these Terms; (f) your violation of any rights of another; and (g) any and all activities that occur under your Account, username and/or password. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including but not limited to attorneys’ fees). You further agree that the We shall have the right to control of the defense or settlement of any third-party Claims.
You assume all responsibility and risk with respect to your use of the Site. Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an “AS IS” and “WITH ALL FAULTS” basis without representations, warranties, or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS, AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site is accurate, complete, reliable, current, or error-free. We do not represent or warrant that this Site or Our servers are free of viruses or other harmful components.We make no warranties of any kind regarding any non-Touch of New England sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and We make no representations or warranties regarding the accuracy, availability, suitability, or safety of information provided in such sites. We do not endorse, warrant, or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimer – No Professional Advice
Any information provided by Us regarding products or otherwise (e.g. product descriptions or instructions) is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW IN NO EVENT SHALL WE NOR OUR RELATED PARTIES, AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE TO ANY USER OF THE SITE OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, DATA, BUSINESS, AND/OR USE) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, NOR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE TOTAL LIABILITY OF TOUCH OF NEW ENGLAND, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO TOUCH OF NEW ENGLAND IN CONNECTION WITH THE EVENT GIVING RISE TO SUCH LIABILITY.You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise, and services available through the Site. Because some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages, all of the above disclaimers or exclusions may not apply to all users.
Modifications to Site
We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice, and such changes will be effective immediately upon being posted through the Service.Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.
If any part of these Terms shall be deemed invalid, void, or for any reason unenforceable by any court of competent jurisdiction, such provision shall be deemed severed but shall not affect the validity and enforceability of any remaining provision or any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. The failure of Touch of New England to enforce, in any one or more instances, any of the provisions herein shall not be construed as a waiver of the prior or future performance of any such terms or conditions.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
These Terms are not assignable, transferable, or sublicensable by you except with Our prior written consent. We may assign, transfer, or delegate any of Our rights and obligations hereunder without your consent.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices & Electronic Communication
We may provide you with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site‚ constitute the entire agreement among you and Us regarding use of this Site.When you use this Site or email Us, you consent to receive communications from Us electronically. You agree that all agreements, notices, disclosures, and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Should you have any questions regarding these Terms you may contact Us at: email@example.com