Last Updated: October 31, 2013
PLEASE SCROLL DOWN AND READ THE ACCOUNT AGREEMENT BELOW.
If you agree to be bound by the terms of this Agreement, you must check the box indicating your agreement. If you do not agree to be bound by the terms of this Agreement, you will not be able to proceed with opening an account with TPM or purchasing any products through the Websites.
In this Agreement, "you" and "your" refer to the individuals, corporations or parties who are the members/account holders, have an interest in the account(s) and agree to this Agreement. "We," "us," "our," and "TPM" refer to TPM, its employees, members, representatives, officers, directors, agents, successors and assigns.
1. Changes to Account Agreement. We may change, add or remove portions of this Agreement at any time, but if we do so, we will post such changes on the Websites, or send them to you via email or postal mail. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE YOUR ACCOUNT BY SENDING AN EMAIL TO: email@example.com . YOUR CONTINUED USE OF THE WEBSITE AND/OR ACCOUNT NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES OR MODIFICATIONS.
3. Prices/Fees and Payments. You agree to pay all charges incurred in connection with your purchase (including any applicable taxes) at the rates in effect when submitting your order. We will bill all charges to the credit card you supply us. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed your account using your user name and password without your authorization, you must contact us immediately.
4. Option to Schedule Your Orders. We may offer an option where you can schedule your orders in advance (e.g., scheduling certain orders to be delivered by TPM on a monthly, periodic or specified basis). You will need to expressly instruct us should you wish to participate in such a program, whereby we will send you the order(s) you designated in advance and, accordingly, charge the credit card number you have on file with TPM prior to shipment. Such pre-scheduled orders may be processed up to ten (10) days in advance so you must provide us at least ten (10) days advance notice if you wish to change or cancel the order. If you fail to provide notice of the change/cancellation within the time period specified above, we cannot guarantee that your request will be complied with until after the order has been shipped. In such event, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with the order already processed or shipped before your request was received.
5. Order Changes/Cancellations. Do not assume a cancellation or change of ANY order you have made with TPM, whether pursuant to a scheduled program or not, has been effected until you receive a confirmation from TPM via email or the Websites. As stated above, you will be responsible for, and your credit card may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received.
6. Representation as to Capacity to Enter into Agreement. You represent that you have the required legal capacity and that you are of the required legal age (i.e., 18 years of age) to enter into this Agreement and that no one except you has any interest in your account with us.
7. Order Confirmations, Statements, Notices and Other Communications. You understand that it is your responsibility to review, upon first receipt, whether delivered to you by email, by a posting on the Websites, or by all other electronic means, all order confirmations, transaction history, notices and other communications. All information contained therein shall be binding upon you, if you do not object, either in writing or via electronic mail, within 48 hours after any such document or information is sent to you or available on the Websites. In all cases, TPM reserves the right to determine the validity of your objection to the transaction. Such notices, information and other communications from TPM shall be deemed to be delivered and available to you whether actually received or not.
You agree that TPM fulfills its legal obligation to deliver to you any such document if sent via electronic delivery. Electronic delivery may be in the form of an email, an electronic mail attachment, a posting on the Websites, or in the form of an available download from the Websites. You represent that you will download the relevant document promptly after receiving notice of its availability. Should you experience any difficulty opening a document electronically delivered by TPM, you will promptly advise TPM in order to allow us to make the required delivery by other means. Failure to advise TPM of such difficulty within 48 hours after delivery shall serve as an affirmation that you were able to receive and open said document.
8. Responsibilities and Limitations of Liabilities. You represent that you will be the sole and exclusive authorized user of your password associated with your TPM account and you accept sole responsibility for use, confidentiality and protection of the password as well as for all orders and information changes (i.e., changes of address) entered into your account using such password.
You accept full responsibility for the monitoring and safeguarding of your account. You will immediately notify TPM in writing, delivered via email and certified/return receipt requested U.S. mail, if you become aware of any loss, theft or unauthorized use of your password and account number; or any failure by you to receive a message from us indicating that an order was received and executed or any inaccurate information in your account or transaction history.
If you fail to notify TPM immediately upon your knowledge when any of the above conditions occur, neither TPM nor any of its officers, directors, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person whose claim may arise through you for any claims with respect to the handling, mishandling or loss of any order. Under no circumstances, including negligence, shall TPM or anyone involved in creating, producing, delivering or managing TPM's services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Websites, the services provided by TPM or out of any breach of any warranty by TPM. This exclusion or limitation of liability will not apply to the extent that any applicable statute prohibits such exclusion or limitation of liability. To the extent that any applicable statute applies which modifies the above, TPM's liability shall not include any hypothetical gains or losses, and it is agreed that the trier of fact shall only consider the actual facts, or lack thereof, of the parties to this Agreement.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TPM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The use and storage of any information, including, without limitation, the password, transaction activity, credit or reward balances and any other information or orders available on your personal computer is at your own risk and is your sole responsibility. You are responsible for providing and maintaining the communications equipment (including personal computers and modems) and telephone or alternative services required for accessing and using the Websites or related services, and for all communications service fees and charges incurred by you in accessing the Websites or related services.
9. Trademarks. "TeamProMark.com", "Team ProMark", "Team ProMark, LLC", "TPM", "FAN-TASTIC", "FAN-TASTIC BRANDS", and other marks indicated on our site are trademarks or trade dress of TPM in the United States and other countries. TPM's trademarks and trade dress may not be used in connection with any product or service that is not TPM's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TPM or the Websites. All other trademarks not owned by TPM that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TPM.
10. 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 TPM 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 TPM and protected by U.S. and international copyright laws. All software used on this site is the property of TPM or its software suppliers and protected by United States and international copyright laws.
11. Limitations, Restrictions and Termination of TeamProMark.com Services. You are authorized to use products or materials which are sold or made available by TPM for your own needs only, and you are not authorized to resell products or access to any such materials or to make copies of any such materials for sale or use to and by others. You will not delete copyright or other intellectual property rights notices from printouts of electronically accessed materials.
You understand that TPM may at any time, at our sole discretion and without prior notice to you, prohibit or restrict your access to the use of the Websites or related services or your ability to purchase products on the Websites. TPM may terminate your account at any time for any reason and without prior notice to you. You are free to terminate your account with TPM at any time for any reason, subject to the conditions of Section 4 herein. The closing of an account will not affect the rights and/or obligations of either party incurred prior to the date the account is closed.
Additional and/or different Limitations or Restrictions apply to wholesale users. For qualified wholesale partners, please reference our wholesale web link.
12. Risk of Loss/Warranties/Returns. All items purchased from TPM 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.
The merchandise offered for sale by TPM is manufactured by third parties and to the full extent permissible by law, TPM disclaims all representations and warranties therein. Further, all sales are final and items can be returned to the Company only pursuant to the Return Policy located.
Additional and/or different Limitations or Restrictions apply to wholesale users. For qualified wholesale partners, please reference our wholesale web link.
13. Mispricing. Despite our best efforts, a small number of the items on our Websites may be mispriced. If we discover a mispricing, we will do one of the following:
•If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
•If an item's 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.
14. Monitoring and Recording Telephone Conversations and Email. For your protection and for the protection of TPM, and as a tool to correct misunderstandings, you understand, agree and authorize TPM, at its discretion, and without further prior notice to you, to monitor and record any or all telephone conversations between you and TPM and any of TPM's employees or agents and to monitor your electronic communications with TPM.
15. Legally Binding. You hereby agree that this Agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns.
16. Extraordinary Events/Technical Difficulties. You specifically agree to hold TPM harmless from any and all claims, and agree that TPM shall not be liable for any loss, actual or perceived, caused directly or indirectly by government regulation, exchange or market regulation, suspension of trading, war, strike, equipment failure, communication line failure, system failure, security failure on the Internet, unauthorized access, theft or any problem, technological or otherwise, that might prevent you from entering or TPM from executing an order, or other conditions beyond our control. Furthermore, in a technical environment, should an error occur with respect to the tracking of any order or order entry, the true, actual and correct transaction or position will be restored. It is your responsibility to ensure account correctness and accuracy and to contact TPM immediately with any discrepancies.
17. The Laws of the State of Colorado Govern/Assignment. This Agreement and its enforcement shall be governed by the laws of Colorado and shall cover individually and collectively all accounts you may open with TPM and shall be binding upon you and your successors (whether by merger, consolidation or otherwise), heirs, executors, administrators and assigns. This Agreement shall inure to the benefit of TPM and its successors, assigns and agents. TPM may assign its rights and duties under this Agreement to any of its subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you.
18. Agreement to Arbitrate Controversies. Any dispute relating in any way to your visit to the Websites or to products you purchase through teampromark.com by phone shall be submitted to confidential arbitration in Colorado, except that, to the extent you have in any manner violated or threatened to violate TPM's intellectual property rights, TPM may seek injunctive or other appropriate relief in any state or federal court in the state of Colorado, 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 arbitrator's 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.
19. Waiver. Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of TPM.
20. Amendments; Entire Agreement. YOU UNDERSTAND THAT ACCESS TO AND YOUR USE OF YOUR ACCOUNT CONSTITUTES YOUR CONSENT AND AGREEMENT TO ABIDE BY THE TERMS AND CONDITIONS OF THIS ACCOUNT AGREEMENT. TPM MAY AT ANY TIME REVISE THESE TERMS AND CONDITIONS BY UPDATING THE ACCOUNT AGREEMENT. YOU AGREE TO BE BOUND BY SUBSEQUENT REVISIONS AND AGREE TO REVIEW THE ACCOUNT AGREEMENT PERIODICALLY FOR CHANGES TO THE TERMS AND CONDITIONS OF THE ACCOUNT AGREEMENT. THE MOST UP TO DATE VERSION OF THE ACCOUNT AGREEMENT WILL ALWAYS BE AVAILABLE FOR YOUR REVIEW ON THE WEBSITES. CONTINUED USE OF TPM AFTER SUCH CHANGES WILL CONSTITUTE ACKNOWLEDGMENT AND ACCEPTANCE OF SUCH AMENDMENT. This Agreement represents the entire agreement between you and TPM, concerning the subject matter hereof. Certain policies and/or procedures may be further outlined on the teampromark.com website, and by your use of TPM websites and services, you agree to be bound by any and all such postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent by an authorized officer of TPM.
21. Separability. If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.
22. Headings are Descriptive. The headings of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.
23. Wholesale Partners. Additional and/or different terms and conditions apply to wholesale users. For qualified wholesale partners, please reference our wholesale web link.