All users of this site agree that access to and use of this site 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 site. thomasekraft.com,
and any other websites provided by thomasekraft.com may be
individually or collectively referred to henceforth as the "Site".
Copyright
The entire content included in this site, including but not limited to text,
graphics and webpage data files is copyrighted as a collective
work under the United States and other copyright laws, and is the
property of the Site. The collective work includes works that are
licensed to the Site. ALL RIGHTS ARE RESERVED. Permission is
granted to electronically copy and print hard copy portions of
this Site for the sole purpose of placing an order or purchasing
thomasekraft.com 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 Site solely for your own non-commercial use, or to
place an order with thomasekraft.com or to purchase thomasekraft.com products. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this site
is strictly prohibited, unless directly authorized by thomasekraft.com. You
further agree not to change or remove any proprietary notices from
materials downloaded from the site.
Trademarks
All trademarks, service marks, and trade names used in the site
are trademarks or registered trademarks of thomasekraft.com unless otherwise
stated.
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Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether express or
implied. To the fullest extent permissible pursuant to applicable
law, thomasekraft.com disclaims all warranties, express or implied,
including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and
non-infringement. thomasekraft.com does not represent or warrant that the
functions contained in the site will be uninterrupted or error-free,
that the defects will be corrected, or that this site or the
server that makes the site available are free of harmful
components. thomasekraft.com does not make any warranties or
representations regarding the use of the materials in this site
in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations
may or may not apply to you.
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Limitation of Liability
thomasekraft.com 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 site or the performance of the products.
Applicable law may not allow the limitation of exclusion of
liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
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Typographical Errors
thomasekraft.com makes no guarantee of the accuracy of the textual content
of the Site, and therefore is not liable for any inconvenience or
loss due to textual inaccuracy. In the event that a product in the
thomasekraft.com is mistakenly listed at an incorrect price, thomasekraft.com
reserves the right to refuse or cancel any orders placed for
products listed at the incorrect price. thomasekraft.com also reserves 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
canceled, thomasekraft.com shall issue a credit to your credit card account
in the amount of the incorrect price.
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Term: Termination
These terms and conditions are applicable to you upon your
accessing the Site and/or completing registration, subscription,
or shopping processes. These terms and conditions, or any part of
them, may be terminated by thomasekraft.com 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.
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Notice: Transactional Messages
thomasekraft.com may deliver notice and/or transaction-specific messages
to you by means of e-mail, a general notice on the site, or by
other reliable method to the address you have provided to.
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Miscellaneous Provisions
Your use of this site shall be governed in all respects by the
laws of the state of Ohio, 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 or relating to this site shall be in the state or federal
courts located in Franklin County, Ohio, U.S.A. Any cause of action
or claim you may have with respect to the site (including but not
limited to the purchase of thomasekraft.com products) must be commenced
within one (1) year after the claim or cause of action arises.
thomasekraft.com' 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. thomasekraft.com may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
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Use of Site
Harassment in any manner or form on the site, including via
e-mail, chat, blog comments, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others,
including a thomasekraft.com or other licensed employee, host, or
representative, as well as other members or visitors on the site
is prohibited. You may not upload to, distribute, or otherwise
publish through the 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 site or use the site
to solicit others to join or become members of any other commercial
online service or other organization.
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Participation Disclaimer
thomasekraft.com does not and cannot review all communications and
materials posted to or created by users accessing the 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 site, thomasekraft.com 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 site.
However, thomasekraft.com 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 thomasekraft.com in its sole discretion.
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Indemnification
You agree to indemnify, defend, and hold harmless thomasekraft.com, 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 site using your
Internet account.
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Third-Party Links
In an attempt to provide increased value to our visitors, thomasekraft.com
may link to sites operated by third parties. However, even if the
third party is affiliated with thomasekraft.com, thomasekraft.com has no control
over these linked sites, all of which have separate privacy and
data collection practices, independent of www.thomasekraft.com.com. These
linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, thomasekraft.com seeks to
protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does
not work).
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Registration: Customer Accounts; Use of Site
Certain services offered on or through the Site may require you
to first open an Account on the Site. You are responsible for
maintaining the confidentiality of your Account information,
including your password, and responsible for all activity that
occurs under your account. You agree to notify thomasekraft.com immediately
of any unauthorized use of your account or password, or any other
breach of security. You may be held liable for losses incurred by
thomasekraft.com or any other user of the Site due to someone else using
your password or customer account. You may not use anyone else's
password or customer account at any time. You may not attempt to
gain unauthorized access to the Site. Should you attempt to do so,
assist others in making such attempts, or distributing
instructions, software or tools for that purpose, then your
customer Account will be terminated. You agree to provide us with
accurate, current and complete information about yourself as
prompted by the registration process. You may update any of your
Account information at any time by selecting the appropriate link.
You may not use any automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to
access, acquire, copy, probe, test or monitor any portion of the
Site or any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Site or any Content,
to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through
the Site. You agree that you will not take any action that imposes
an unreasonable or significantly large load on the infrastructure
of the Site or any of the systems or networks comprising or
connected to the Site. You also agree that thomasekraft.com may, in its
sole discretion and without prior notice to you, terminate your
access to the Site and your Account for any reason, including
without limitation to:
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Attempts to gain unauthorized access to the Site or assistance
to others' attempting to do so.
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Overcoming software security features limiting use of or
protecting any Content.
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Discontinuance or material modification of the Site or any
service offered on or through the Site.
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Violations of this Terms of Use.
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Failure to pay for purchases.
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Suspected or actual copyright infringement.
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Unexpected operational difficulties.
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Requests by law enforcement or other government agencies.
You agree that thomasekraft.com will not be liable to you or to any third
party for termination of your access to the Site.
In addition, thomasekraft.com reserves the right to mediation or legal
action for any attack against or malicious activity involving the
Site.
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