Terms and Conditions
1. You should assume that everything you see or read on the Site is copyrighted material unless otherwise noted, and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Tenth Avenue. Tenth Avenue neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Tenth Avenue.
2. While Tenth Avenue uses reasonable efforts to include accurate and up to date information in the Site, Tenth Avenue makes no warranties or representations as to its accuracy. Notwithstanding the foregoing, Tenth Avenue assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Tenth Avenue nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Tenth Avenue also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
4. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Tenth Avenue or its affiliates and related entities for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Tenth Avenue is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
5. Images of people or places displayed on the Site are either the property of, or used with permission by, Tenth Avenue. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
6. The trademarks, logos, and service marks (collectively, the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Tenth Avenue and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Tenth Avenue or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Tenth Avenue will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Tenth Avenue has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although Tenth Avenue may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Tenth Avenue is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Tenth Avenue will fully cooperate with any law enforcement authorities or court order requesting or directing Tenth Avenue to disclose the identity of anyone posting any such information or materials.
9. Software from this Site is further subject to United States Export Controls. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
10. Tenth Avenue may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
11. The materials in Tenth Avenue's web sites are generally presented for the purpose of sale and promotion of Tenth Avenue's products available in the United States, its territories, possessions, and protectorates. Tenth Avenue makes no representation that materials in Tenth Avenue's site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
12. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Tenth Avenue brings to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in New York, New York, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by Tenth Avenue.
13. ORDERING AND SHIPPINGa. Sales Tax- The sales tax charged depends on where the order is shipped. You will be able to view the sales tax included in your order before you confirm your order.
b. Shipping Time- Orders selected for same-day shipping that are placed before 2:30 pm EST will ship the same day. A tracking number will be emailed to you when your order ships. This tracking number will allow you to check on the delivery status of your order.
c. Shipping Rates- Shipping charges vary depending on the amount of your order and the Zip Code to which you will be shipping your order.
d. Undelivered Packages- We are not able to reship packages that are returned to us by the carrier. All undelivered packages will be processed as a return. Please take this into consideration when selecting your shipping address for an order.
e. Ordering Products and Services- You must be 18 years or older, and have a valid credit card, with full authority to use it, to submit an order for products or services through any of our Sites.
f. Product Descriptions- Tenth Avenue attempts to be as accurate as possible. However, Tenth Avenue does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. Please note that the colors of items and products may depend on your computer monitor and may not be correctly displayed. The availability of products and other items on each of the Sites may change at any time, without notice. Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Sites is inaccurate at any time without prior notice (including after you have submitted your order).
g. Order Acceptance Policy- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
h. Payment Terms- For each product or service you order on any of the Sites, you agree to pay the price applicable for the product or service (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order.
i. Specials, Promotions and Sweepstakes/Contests - Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
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