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Terms and Conditions

Terms And Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THIS SITE YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.

All users of this site agree that access to and use of this Site are subject to the following terms and conditions and other applicable law.

Copyright

The entire content included in this site, including but not limited to text, graphics, design, photographs, the selection and arrangement thereof, and code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of Traceable.com. The collective work includes works that are licensed to Traceable.com. Copyright 2010, Traceable.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Traceable.com or purchasing Traceable.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Traceable.com or to purchase Traceable.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Traceable.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Traceable.com used in the site are trademarks or registered trademarks of Traceable.com

WARRANTY DISCLAIMER

THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRACEABLE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRACEABLE.COM DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TRACEABLE.COM DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TRACEABLE.COM SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF TRACEABLE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

 

SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION.

 

 

 

Typographical Errors

In the event that a Traceable.com product is mistakenly listed at an incorrect price, Traceable.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Traceable.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Traceable.com shall issue a credit to your credit card account in the amount of the incorrect price.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Traceable.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Traceable.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Traceable.com.

Governing Law; Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Texas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Traceable.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Traceable.com may assign its rights and duties under this Agreement to any party at any time without notice to you. If any provision of these Terms and Conditions is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. You agree that these Terms and Conditions and all agreements and notices incorporated herein may be automatically assigned by Traceable.com in its sole discretion, to a third party. You may not assign your obligations to any other entity.

 

SEE BELOW UNDER THE HEADING “EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE” FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION. IF YOU ARE A CONSUMER, SECTION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH BELOW.

 

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Traceable.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Traceable.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Traceable.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Traceable.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Traceable.com in its sole discretion. Any material, information, idea, or other communication you transmit to or post on this site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Traceable.com and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communications”). Traceable.com and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this site anything unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could rise to any civil or criminal liability under the law.

 

Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Traceable.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this site or any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.