Terms and Conditions

Terms of Use

 

The TSE web site (currently located at www.tsecashmere.com) (the “Website”) is owned and provided by TSE & Cashmere House, Inc. and its affiliates (“TSE” or “we” or “our” or “us”) and your access to and use of the Website is conditioned on your acceptance, without modification, of the terms and conditions contained in these Terms of Use.

 

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONSTITUTE A BINDING AGREEMENT BETWEEN OUR TSE AND YOU.  BY USING OUR SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY (AVAILABLE AT: http://[insert hyperlink for Privacy Policy] WHICH ARE EXPRESSLY INCORPORATED HEREIN BY REFERENCE.  BY USING OUR SITE, YOU ALSO REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE.

You acknowledge and agree that these Terms of Use may be changed from time to time, without notice to you, and your access and use of the Website following any such changes shall constitute your continued agreement to be bound by the Terms of Use, as modified.

 

Privacy Policy

 

For information about TSE’s data protection, tracking and use practices, please read our Privacy Policy, which is made a part of these Terms of Use. Your acceptance of these Terms of Use also constitutes your agreement to the terms and conditions of the Privacy Policy.

 

PRODUCTS ON OUR WEBSITE

From time to time we make certain products available through our Website.  Those products may be offered exclusively online and/or may be one-of-a-kind products. Such products may have limited quantities and are sold “as is.” While we make reasonable efforts to display as accurately as possible the images, including colors, of products that appear on our Website, we cannot guarantee that your display’s reproduction of those images and/or colors will be accurate.

 

The following conditions, each at our sole discretion and without notice or liability to you or anyone else, apply to all products offered through our Website:

 

-       sales of products may be limited to any person, geographic region or jurisdiction, including, without limitation, on a case-by-case basis;

-       quantities of products may be limited;

-       prices for products are subject to change at any time;

-       products may be discontinued at any time;

-       offers for any product made through our Website are void where prohibited;

-       products presented for exchange or refund may be refused if such products do not meet our return policy requirements; and

-       products carry no representation or warranty that they meet your expectations and/or are free from defects or errors.

 

 

Links to Third Party Sites & Materials

 

The Website may contain links to other websites (“Linked Sites”) and materials, that may be of interest to you and/or may allow you to complete a transaction on our Website.  For example, we use the third party payment processing services, like PayPal, for payments associated with the purchase of products through our Website.  Your usage of any such third party sites or resources will be governed by the applicable terms and conditions of the provider of same.  TSE is providing these links/materials to you as a courtesy and for convenience.  The use of any link and/or materials does not imply endorsement, sponsorship or affiliation by TSE, or of any TSE affiliate, with the Linked Sites (or its operators or any materials or content provided by or available from same).  The Linked Sites are not under the control of TSE and TSE is not responsible for the contents of, or activities associated with, any such Linked Site, including, without limitation, to any other links contained in a Linked Site. TSE is also not responsible for any advertising, webcasting or any other form of transmission received from, or available through, any such Linked Site.

 

Information and Materials You Provide

 

You acknowledge and agree that any information, content or other materials you provide to TSE (including, without limitation, requests, survey responses, photos, video, feedback and suggestions) or post, upload, input or submit to or through the Website (collectively “Submissions”) shall be accurate and complete, and, upon submission, will be and remain the property of TSE and its affiliates and partners. TSE is under no obligation to acknowledge, consider, pay for or respond to any Submissions provided by you or other users of the Website.

 

By posting, uploading, inputting, submitting or otherwise providing any Submission you hereby represent and warrant that you own, control or otherwise possess all of the rights required to provide the Submission, and that the Submission does not infringe, misappropriate or otherwise violate any rights of any other person or entity.  Without limiting the foregoing, if you provide or submit any information about a minor (one under the age of 18 years), you represent that you are the parent, guardian or otherwise have the legal right to provide such information. 

 

-       Content

 

All of the content and other materials on the Website, including, without limitation, images, products, drawings, questionnaires, surveys, trademarks, service marks, logos, illustrations, designs, icons, photographs, artwork, and any video and/or audio materials, are owned or controlled by TSE, or its licensors, and are protected by applicable domestic and international intellectual property or other proprietary rights. You may not copy, reproduce, publish, transmit, or otherwise use any such content or materials present on the Website.

 

-       Modifications

 

TSE reserves the right to change or otherwise modify, or even discontinue, parts or all of the Website and/or Website Services (defined below) at any time without prior notice, including the offer of any products or items through the Website.  TSE may also modify these Terms of Use under which the Website is offered, without prior notice to you.  Continued access and use of the Website following any such modifications shall constitute your continued agreement to the Terms of Use, as modified.

 

User Conduct/Prohibited Uses

 

You agree not to use the Website for any purpose that is unlawful, unethical or otherwise prohibited by these Terms of Use. Without limiting the foregoing, you agree not to access or use, or encourage or permit others to access or use, the Website, its content or any other materials, in any manner to:

 

(a)           copy, transcribe or otherwise acquire any data, content or information available on or through the Website (e.g., via screen scraping and the like).

(b)           damage, disable, overburden, or impair the Website (e.g., a denial of service attack), any related server or the network(s) connected to any such server;

(c)           interfere with any other party's use or enjoyment of the Website or related services;

(d)           share any content or other material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise reasonably objectionable;

(e)           stalk, intimidate, and/or harass another;

(f)             incite others to commit violence;

(g)           harm a minor in any way;

(h)           provide any content or other material that you do not have a right to provide under any applicable law or contractual or fiduciary relationship, including for or about any person under the age of 18 years;

(i)             provide any content or other material that infringes any intellectual property right or other proprietary right of any party;

(j)             impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(k)           forge headers or otherwise manipulate identifiers to disguise the origin of any of content or other materials posted on or transmitted through the Website;

(l)             use the Website, its content or other materials such that it will mislead another into believing that they are interacting directly with anyone or any other company other than TSE;

(m)         engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys, or other duplicative or unsolicited messages (commercial or otherwise);

(n)           use any TSE domain name as a pseudonymous return email address;

(o)           provide any content or material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;

(p)           access or attempt to access any content or material that you are not authorized to access or through any means not intentionally made available through the Website;

(q)           market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by TSE; or

(r)            use any data mining, robots, or similar data gathering and extraction methods in connection with the Website and/or any content or materials provided on or through the Website. 

 

 

DISCLAIMERS

 

THE INFORMATION, CONTENT, PRODUCTS, AND REFERENCE MATERIALS PROVIDED ON OR AVAILABLE THROUGH THE WEBSITE ARE INTENDED AS A COURTESY AND ARE SOLELY FOR THE INFORMATIONAL PURPOSES OF THE USER.  WITHOUT LIMITING THE FOREGOING, INFORMATION AVAILABLE AT OUR WEBSITE MAY NOT BE CURRENT OR ACCURATE AT THE MOMENT YOU VISIT OUR WEBSITE, AND MAY CONTAIN ERRORS OR OMISSIONS.  AS A RESULT NO REPRESENTATIONS OR WARRANTIES ARE MADE, AND NO RESPONSIBILITY IS ASSUMED, FOR SUCH INFORMATION CONTAINED ON OR AVAILABLE THROUGH THE WEBSITE.

 

LIABILITY DISCLAIMER.  THE WEBSITE AND ITS CONTENTS ARE PROVIDED ON AN “AS-IS”, “AS-AVAILABLE” BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE WHATSOEVER.  OUR WEBSITE AND/OR THE SERVER(S) THAT MAKE IT AVAILABLE, MAY CONTAIN VIRUSES OR OTHER HARMFUL COMPONENTS AND OUR WEBSITE AND/OR ANY PRODUCTS OR SERVICES AVAILABLE OR OBTAINED THROUGH OUR WEBSITE MAY NOT MEET YOUR NEEDS OR EXPECTATIONS. WITHOUT LIMITING THE FOREGOING, TSE HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SAME, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE, ANY WEBSITE SERVICES, AND/OR ANY PRODUCTS OR SERVICES ACCESSED OR PROVIDED IN OR THROUGH SAME, ARE AT YOUR OWN RISK AND YOU ASSUME ALL RESPONSIBILITY AND LIABILITIES ASSOCIATED WITH SAME.   NEITHER TSE NOR ITS PARTNERS OR AFFILIATES, NOR ANY OF THEIR RESPECTIVE OWNERS, OPERATORS, EMPLOYEES OR AGENTS, SHALL BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES YOU MAY SUFFER AS A RESULT OF YOUR USE OF OR RELIANCE ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES ACCESSED OR USED RELATED TO SAME.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR ANY CONTENT OR PORTION THEREOF, OR WITH ANY OF THE TERMS AND CONDITIONS OF THE WEBSITE, YOUR SOLE AND EXCLSUIVE REMEDY IS TO NOT USE THE WEBSITE AND/OR ANY PRODUCTS RELATED TO SAME.

 

General

 

Entire Agreement.  These Terms of Use (including the Privacy Policy) constitute the entire agreement between you and TSE with respect to your access and/or use of the Website, and supersedes any prior agreements between you and TSE on such subject matter.

 

Governing Law.  These Terms of Use shall be construed in accordance with the laws of the United States and the state of California without regard to any conflicts of laws provision.

 

Disputes.  Any dispute arising under these Terms of Use or relating to the use of the Website shall be subject to the exclusive jurisdiction of any state or federal court located in Santa Ana, CA. 

 

Severability.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most-closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.

 

Copy.  A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

For More Information.  If you have any questions regarding our Privacy Policy, please contact us by sending an email to customerservice@tse-us.com or writing to us at: TSE Cashmere House, Inc., 3001 South Croddy Way, Santa Ana, CA 92704.