Welcome to THETONYRYAN.COM. THETONYRYAN.COM and its affiliates
provide their services to you subject to the following conditions. If you
visit or shop at THETONYRYAN.COM, you accept these conditions. Please
read them carefully. In addition, when you use any current or future THETONYRYAN.COM
service (e.g., Friends & Favorites, e-Cards, Auctions, and Honor System) or
visit or purchase from any business affiliated with THETONYRYAN.COM,
whether or not included in the THETONYRYAN.COM Web site, you also will be
subject to the guidelines and conditions applicable to such service or business.
PRIVACY
Please review our Privacy Notice, which also governs your visit to THETONYRYAN.COM,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit THETONYRYAN.COM or send e-mails to us, you are
communicating with us electronically. You consent to receive communications from
us electronically. We will communicate with you by e-mail or by posting notices
on this site. You agree that all agreements, notices, disclosures and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button
icons, images, audio clips, digital downloads, data compilations, and software,
is the property of THETONYRYAN.COM or its content suppliers and protected
by United States and international copyright laws. The compilation of all
content on this site is the exclusive property of THETONYRYAN.COM and
protected by U.S. and international copyright laws. All software used on this
site is the property of THETONYRYAN.COM or its software suppliers and
protected by United States and international copyright laws.
LICENSE AND SITE ACCESS
THETONYRYAN.COM grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of THETONYRYAN.COM.
This license does not include any resale or commercial use of this site or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without
express written consent of THETONYRYAN.COM. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of THETONYRYAN.COM
and our affiliates without express written consent. You may not use any meta
tags or any other "hidden text" utilizing THETONYRYAN.COMs name
or trademarks without the express written consent of THETONYRYAN.COM. Any
unauthorized use terminates the permission or license granted by THETONYRYAN.COM.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of THETONYRYAN.COM so long as the link does not
portray THETONYRYAN.COM, its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise offensive matter. You may not use
any THETONYRYAN.COM logo or other proprietary graphic or trademark as part
of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality
of your account and password and for restricting access to your computer, and
you agree to accept responsibility for all activities that occur under your
account or password. THETONYRYAN.COM does sell products for children, but
it sells them to adults, who can purchase with a credit card. If you are under
18, you may use THETONYRYAN.COM only with involvement of a parent or
guardian. THETONYRYAN.COM and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their
sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. THETONYRYAN.COM reserves the right (but
not the obligation) to remove or edit such content, but does not regularly
review posted content.
If you do post content or submit material, and unless we indicate otherwise,
you grant THETONYRYAN.COM and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant THETONYRYAN.COM
and its affiliates and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you
own or otherwise control all of the rights to the content that you post; that
the content is accurate; that use of the content you supply does not violate
this policy and will not cause injury to any person or entity; and that you will
indemnify THETONYRYAN.COM or its affiliates for all claims resulting from
content you supply. THETONYRYAN.COM has the right but not the obligation
to monitor and edit or remove any activity or content. THETONYRYAN.COM
takes no responsibility and assumes no liability for any content posted by you
or any third party.
COPYRIGHT COMPLAINTS
THETONYRYAN.COM and its affiliates respect the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please notify us at THETONYRYAN.COM.
RISK OF LOSS
All items purchased from THETONYRYAN.COM are made pursuant to a
shipment contract. This means that the risk of loss and title for such items
pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
THETONYRYAN.COM and its affiliates attempt to be as accurate as
possible. However, THETONYRYAN.COM does not warrant that product
descriptions or other content of this site is accurate, complete, reliable,
current, or error-free. If a product offered by THETONYRYAN.COM itself is
not as described, your sole remedy is to return it in unused condition.
PRICING
Except where noted otherwise, the List Price displayed for products on our
website represents the full retail price listed on the product itself, suggested
by the manufacturer or supplier, or estimated in accordance with standard
industry practice. The List Price is a comparative price estimate and may or may
not represent the prevailing price in every area on any particular day. For
certain items that are offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate of the manufacturers
estimated or suggested retail price for each of the items included in the set.
Where an item is offered for sale by one of our merchants, the List Price may be
provided by the merchant.
Despite our best efforts, a small number of the items in our catalog
may be mispriced. If we discover a mispricing, we will do one of the following:
- If an items correct price is lower than our stated price, we will charge
the lower amount and ship you the item.
- If an items correct price is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by THETONYRYAN.COM.
Your purchases from third-party sellers using THETONYRYAN.COM Payments are
charged at the time you place your order, and third-party sellers may follow
different policies in the event of a mispriced item.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THETONYRYAN.COM ON AN "AS IS" AND
"AS AVAILABLE" BASIS. THETONYRYAN.COM MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE
OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THETONYRYAN.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THETONYRYAN.COM
DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THETONYRYAN.COM
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THETONYRYAN.COM WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU,
AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting THETONYRYAN.COM, you agree that the laws of the state of
North Carolina, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between you
and THETONYRYAN.COM or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to THETONYRYAN.COM or to
products you purchase through THETONYRYAN.COM shall be submitted to
confidential arbitration in Pitt County, North Carolina, except that, to the extent you
have in any manner violated or threatened to violate THETONYRYAN.COMs
intellectual property rights, THETONYRYAN.COM may seek injunctive or other
appropriate relief in any state or federal court in the state of Washington, and
you consent to exclusive jurisdiction and venue in such courts. Arbitration
under this agreement shall be conducted under the rules then prevailing of the
American Arbitration Association. The arbitrators award shall be binding and
may be entered as a judgment in any court of competent jurisdiction. To the
fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
OUR ADDRESS
- THETONYRYAN.COM, Inc.
- 209 S. Baywood Ln.
- Greenville, NC 27858
- http://www.thetonyryan.com
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide THETONYRYAN.COMs copyright agent
the written information specified below. Please note that this procedure is
exclusively for notifying THETONYRYAN.COM and its affiliates that your
copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed
upon;
- A description of where the material that you claim is infringing is
located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright owner
or authorized to act on the copyright owners behalf.
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