TERMS AND CONDITIONS
Please review these Terms and Conditions. Your use of this web site (“Site”), including the purchase of products, constitutes your acceptance of the following terms and conditions.
About TMP Services
Turnkey Merchandise Programs (“TMP”) is responsible for the hosting, operation and maintenance of this Site.
Acceptance of Terms
By using this Site you represent and warrant that you are 18 years of age (19 in AL/NE) or older, a legal U.S. Resident residing in one of the fifty (50) United States or the District of Columbia, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth herein, and to abide by and comply with these Terms and Conditions.
You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any product purchased through this Site shall be the amount you actually paid us for it, excluding shipping.
While TMP uses reasonable efforts to include accurate and up to date information in the Site, TMP makes no warranties or representations as to the accuracy, correctness, reliability or otherwise with respect to such information, and assumes no liability or responsibility for any omissions or errors (including, without limitation, typographical errors and technical errors) in the content of the Site.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE OR THE ACCURACY OF ANY PRODUCT DESCRIPTION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Products may be purchased while supplies last. Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any product and we reserve the right to accept or decline your order for any reason up until the time the product is actually delivered to you. An order can be cancelled for various reasons. In every instance, we make every effort to communicate with you via email or phone prior to cancelling the order. If you are unsatisfied with a product, you may return it in accordance with our return policy. See below for return policy.
Use of Site
Use of and browsing in the Site is done at user's own risk. Neither TMP nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, or browsing the Site, or downloading of any materials, data, text, images, video or audio from the Site, including, without limitation, damage to, or viruses that may infect, your computer equipment or other property as a result thereof. 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. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.
From time to time, TMP may ask that you transmit to the Site by electronic mail your feedback on the Site or on the products that are offered for sale. Any communication or material you transmit or post will be (a) treated as non-confidential and non-proprietary by TMP, (b) become the property of TMP and TMP shall exclusively now and hereinafter own all rights, title and interest therein, and (c) used without restriction by TMP, its client, licensees and affiliates at its sole discretion without any obligation, compensation or other liability to you. Such use may be for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting whole or in part, in any medium and in any manner on this Site or otherwise. However, TMP shall be under no obligation to respond to any such communication. We ask that you not send us any Comments that you do not wish to assign to us.
Order Acceptance and Pricing
Please note that there are cases when an order cannot be processed for various reasons. The Site reserves the right to refuse or cancel any order for any reason at any given time.
We are determined to provide the most accurate pricing information on the Site to our users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Site. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order or notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
Terms of Payment
Customer shall be able to make payment for the products by VISA, MasterCard, American Express, Discover and PayPal.
Each time you use a password or log in credential, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms and Conditions. You agree that you will not under any circumstances
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s TMP account without permission;
- interfere or attempt to interfere with the proper functioning of the Site;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;
- use the communication systems provided by or contacts made for any commercial solicitation purposes; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
The Trademarks displayed on the Site are registered and unregistered Trademarks of PepsiCo, Inc. 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, or any license or right to use any other trademark owned by any other third party. In the event that you misuse any Trademark in violation of these Terms and Conditions, Pepsi-Cola will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
YOU UNDERSTAND AND AGREE THAT THIS SITE, TMP, ANY OF ITS AFFILIATES, PARTNERS, CLIENTS, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
In addition to any other legal or equitable remedies, TMP may without prior notice to you immediately terminate your account, or revoke your right to access or use the Site. Upon notice of termination of your account, you shall immediately cease all access to and use of the Site and TMP shall immediately revoke all passwords and account identification issued to you, and deny your access to the Site in whole or part. However, termination of such access permissions shall not affect the respective rights and obligations (including, without limitation, payment obligations) of the parties arising before the date of termination.
Applicable Law and Jurisdictional Matters
All offers set forth on the Site are void where prohibited, and are subject to the posting of any official rules pertaining to such offers.
These Terms and Conditions are governed and interpreted under the laws of the state of New York, United States of America. If any portion of these Terms and Conditions is deemed unlawful, void or unenforceable, then that part shall be deemed severable and will not affect the validity and enforceability of any remaining provisions.