PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.
In the event a product from The Mitten State (TMS) is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, TMS shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. TMS shall have the right to 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, TMS shall issue a credit to your credit card account in the amount of the incorrect price.
Term and Termination
These terms and conditions are applicable to you upon your accessing the web site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by TMS without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
TMS may deliver notice to you by means of electronic mail, a general notice on the website, or by written communication delivered by first class U.S. mail to your address on record in TMS's account information.
Your use of this website shall be governed in all respects by the laws of the state of Michigan, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of our relating to this web site (including but not limited to the purchase of TMS products) shall be in the state or federal courts located in Kent County, Michigan. Any cause of action or claim you may have with respect to the web site (including but not limited to the purchase of TMS products) must be commenced within one (1) year after the claim or cause of action arises. TMS's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. TMS may assign its right and duties under this agreement to any part at any time without notice to you.
Use of Website
Harassment in any manner or form on the web site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a TMS or other licensed employee, host, or representative as well as other members or visitors on the web site is prohibited. You may not upload to, distribute, or otherwise publish through the web site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the web site or use the web site to solicit others to join or become members of any other commercial online service or other organization.
Copyright Participation Disclaimer
TMS does not and cannot review all communications and materials posted to or created by users accessing the web site and is 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 on the web site, TMS is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the web site. However, TMS reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to TMS at its sole discretion.
You agree to indemnify, defend, and hold harmless TMS, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the web site using your Internet account.
Third Party Links
In an attempt to provide increased value to our visitors, TMS may choose various third party web sites to link to from our own web site. However, even if the third party is affiliated with TMS, TMS has no control over these linked web sites, which each have separate privacy and data collection practices, independent of TMS. TMS has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked web sites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of our web site and the links placed upon it and therefore we request feedback on not only our own web site, but for web sites we link to as well (including if a specific link does not work).
The entire content included in this web site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of TMS. The collective work includes works that are licensed to TMS. Copyright 2011. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this web site for the sole purpose of placing an order with TMS or purchasing TMS products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the web site solely for your own non-commercial use, or to place an order with TMS or to purchase TMS products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this web site is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from the web site.
All trademarks, service marks and trade names of TMS used herein (including but not limited to the TMS word trademark, the TMS logo, and the composite TMS and Mitten trademark) are trademarks or registered trademarks of TMS.
THIS WEB SITE AND THE MATERIALS AND PRODUCTS IN THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TMS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TMS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
TMS SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEB SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF TMS HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. 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.