Untitled Document

TERMS AND CONDITIONS


The Promotion Source, Inc. ("TPS") operates this web site (the "Web Site").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

1.	Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.

2.	Accuracy of Information. TPS attempts to ensure that information on this Web Site is complete, accurate and current. Despite our efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

3.	Use of this Web Site. The Web Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are either the property of, or used with permission by TPS and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

4.	Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of TPS and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners, including TPS and its affiliates. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of TPS or such third party owner.

5.	Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without TPS's prior permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without TPS's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

6.	Third Party Links. From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by TPS, or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither TPS nor any of its affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. TPS nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

7.	Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that TPS may have at law or in equity, if TPS reasonably determines that you have violated or are likely to violate the foregoing prohibitions, TPS may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. TPS will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing TPS to disclose the identity of anyone posting such materials.

8.	User Information. Other than personally identifiable information, which is subject to this Web Site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. TPS, each of its affiliates and/or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. TPS may, but is not obligated to, monitor or review any User Communications. TPS shall have no obligations to use, return, review, or respond to any User Communications. TPS will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. TPS retains the right to remove any or all User Communications that includes any material TPS deems inappropriate or unacceptable.

9.	DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER GSI, PALM NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER GSI, PALM NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. 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. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TPS HEREBY DISCLAIMS 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 WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TPS HEREBY EXPRESSLY DISCLAIMS 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.

10.	LIMITATIONS OF LIABILITY. TPS assumes no indirect liability or responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site. IN NO EVENT WILL TPS OR ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

11.	Revisions to these Terms and Conditions. TPS may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

12.	Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and TPS to the extent necessary to resolve any inconsistency or ambiguity between them. This Web Site is administered by TPS from its offices in Colorado. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Web Site shall be brought only in the courts of the State of Colorado. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

13.	Account Termination. You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.

14.	Additional Assistance. If you do not understand any of the foregoing Term and Conditions or if you have any questions or comments, we invite you to call our customer service department at 1-800-955-1793.