Last updated on 9/26/2011
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You must create a user account at the Website in order to purchase products via the Website. You agree that all information that you provide for this purpose will be true, complete, and updated as necessary to keep it current. You confirm that that you have the right to provide all such information for this purpose.
You must create a user name and a password to create a user account. You must protect and maintain the confidentiality of the password and account. You are responsible for all activities that occur under your password or account, including unauthorized purchases and charges. You agree to log out of your account each time you finish using it and to change your password. In addition, if you learn of or suspect unauthorized use of your user account, you agree to change your user account password and notify TBI immediately.
TBI reserves the right to suspend or terminate any account for any reason or no reason and with or without any notice in TBI's sole discretion.
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Website Availability and Use Restrictions
You agree to use the Website only for lawful purposes in a lawful manner. TBI does not represent or warrant that your use of this Website will comply with the laws of the jurisdiction or territory in which you use it. You are responsible for your compliance with all applicable laws. You agree not to use or access this Website from any jurisdiction or territory in which any of the Website Content is illegal or impermissible.
You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website. You will not use any spider, robot ("bot"), deep link, page scrape, crawl, index, Internet agent, or other automated device, program, algorithm or technology which performs the same or similar functions, to use, access, copy, acquire, input or store information, generate impressions, search, generate searches or monitor the Website or any portions thereof.
You agree not to access this Website by any means other than via the user interface provided by TBI for such purpose. You will not run, frame or otherwise display the Website Content on any other website. Unless TBI objects or blocks such links, which it may do at any time without any notice, you may link to this Website from your own website, but only to this Website's home page (www.thombrowne.com), and only in a manner that does not state or imply TBI's sponsorship, endorsement, license or other affiliation between TBI and you, your website, products, services, activities or representatives.
Indemnification, Disclaimers and Liability
TBI PROVIDES THE WEBSITE ONLY ON AN "AS IS" AND AS AVAILABLE BASIS. YOU USE THE WEBSITE AT YOUR SOLE RISK. TBI DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW IN THE JURISDICTION OR TERRITORY IN WHICH YOU USE THE WEBSITE. IN PARTICULAR, TBI DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE OR ERROR-FREE, OR THAT THE RESULTS OBTAINED FROM WEBSITE USE WILL BE ACCURATE OR RELIABLE, OR THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER MALWARE OR HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TBI OR ANY REPRESENTATIVE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
THE TBI GROUP SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF ANY NOTICE THEREOF, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, RESULTING DIRECTLY OR INDIRECTLY FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR WEBSITE CONTENT.
The sole and entire maximum liability of the TBI Group for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the net amount actually received by TBI from you for any products purchased from TBI via this Website.
Because some jurisdictions or territories do not permit the disclaimer of certain warranties, or the exclusion or limitation of certain types of liability, some of the foregoing disclaimers and limitations might not apply to you.