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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. It is your responsibility to ascertain
and obey all applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner.
2) Shipping Limitations. When an order is placed, it will be shipping
to an address designated by the purchaser as long as that shipping address is compliant
with the shipping restrictions contained on this Web Site. All purchases from this
Web Site are made pursuant to a shipment contract. As a result, risk of loss and
title for items purchased from this Web Site pass to you upon delivery of the items
to the carrier. You are responsible for filing any claims with carriers for damaged
and/or lost shipments.
3) Accuracy of Information. We attempt 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on this Web Site may occasionally be inaccurate, incomplete or out of date.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 currentness 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.
4) 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, Tejon
Ranch, Co. 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.
You are responsible for maintaining the confidentiality of your account information
and password and for restricting access to such information and to your computer.
You agree to accept responsibility for all activities that occur under your account
or password.
5) 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 us and our 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.
Nothing contained on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademarks,
trade names, service marks or logos displayed on this Web Site without our written
permission or the written permission of such third party owner.
6) Linking to this Web Site. Creating or maintaining any link from
another Web site to any page on this Web Site without our prior written 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 our
prior written permission is prohibited. Any permitted links to this Web Site must
comply will all applicable laws, rule and regulations.
7) Third Party Links. From time to time, this Web Site may contain
links to Web sites that are not owned, operated or controlled by us or our affiliates.
All such links are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither we nor any of our affiliates are responsible
for any content, materials or other information located on or accessible from any
other Web site. Neither we nor any of our 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.
8) 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 we may have at law or in equity, if we
reasonably determine that you have violated or are likely to violate the foregoing
prohibitions, we may take any action we reasonably deem necessary to cure or prevent
the violation, including without limitation, the immediate removal from this Web
Site of the related materials. We will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing us to disclose the
identity of anyone posting such materials.
9) 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. We, each of our
affiliates and/or our 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. We may, but are
not obligated to, monitor or review any User Communications. We shall have no obligation
to use, return, review, or respond to any User Communications. We 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. We retain the right
to remove any or all User Communications that includes any material we deem inappropriate
or unacceptable.
10) DISCLAIMERS. YOUR USE OF THIS WEB 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 WE NOR ANY OF OUR 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 WE NOR ANY OF OUR AFFILIATES
MAKE ANY COMMITMENT OR ASSUME 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 MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, 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 WEB SITE. 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
11) LIMITATIONS OF LIABILITY. We assume no 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 WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL
PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING 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 WEB 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 SOLE 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.
12) Revisions to these Terms and Conditions. We 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.
13) Choice of Law; Jurisdiction. These Terms and Conditions supersede
any other agreement between you and us to the extent necessary to resolve any inconsistency
or ambiguity between them. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of California, without giving effect to
any principles of conflicts of laws. 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.
14) 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.
15) Additional Assistance. If you do not understand any of the
foregoing Terms and Conditions or if you have any questions or comments, we invite
you to contact Customer Care.
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