TERMS & CONDITIONS
This policy covers how we use your personal information. We take your privacy SERIOUSLY and will take all measures to protect your personal information. What Information Do We Collect? We only collect information that we need that is related to your order. This includes your:
In addition we also collect information on your IP address, browser type, and Refer URL data. We use this data to prevent hacking attempts, help us know what web browsers people are using, and find out where our visitors are coming from so that we can improve our marketing.
How Is My Information Used: Your information is only used for community communications. We do not sell or redistribute your information to ANYONE.
Cookies and Browser Information: Cookies are small files that reside on your computer and allow us to recognize you on your next visit or store your shopping cart contents. We use them only to track this information
Accessing our site
Access to Our Site is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on Our Site (the “Services”) without notice (see below). We will not be liable if for any reason Our site is unavailable at any time or for any period.
From time to time, We may restrict access to some parts of Our Site, or Our entire Site, to users who have registered with Us.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by Us, at any time, if in Our opinion you have failed to comply with any of the provisions of these Terms and Conditions.
You are responsible for making all arrangements necessary for you to have access to Our Site. You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it including all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on Our Site (“Content”), as well as the look and feel and the design of the Site and the organization of the Content on the Site. Your use of Our Site does not grant you ownership of any Content on Our Site. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Subject to these Terms and Conditions, you may print off one copy, and may download extracts, of any page(s) from Our Site for your personal reference and you may draw the attention of others within your organization to material posted on Our Site.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on Our Site must always be acknowledged.
You must not use any part of the Content and/or materials on Our Site for commercial purposes without obtaining a license to do so from Us or our Licensors.
If you print off, copy or download any part of Our Site in breach of these Terms and Conditions, your right to use Our Site will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.
Reliance on information posted
Commentary and other materials posted on Our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to Our Site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update Our Site regularly, and may change the Content at any time. If the need arises, We may suspend access to Our Site, or close it indefinitely. Any of the material on Our Site may be out of date at any given time, and We are under no obligation to update such material.
THE CONTENT DISPLAYED ON OUR SITE IS PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES, AFFILIATES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:
ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.
ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR SITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR SITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:
LOSS OF INCOME OR REVENUE;
LOSS OF BUSINESS;
LOSS OF PROFITS OR CONTRACTS;
LOSS OF ANTICIPATED SAVINGS;
LOSS OF DATA;
LOSS OF GOODWILL;
WASTED MANAGEMENT OR OFFICE TIME; AND
FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, PROVIDED THAT THIS CONDITION SHALL NOT PREVENT CLAIMS FOR LOSS OF OR DAMAGE TO YOUR TANGIBLE PROPERTY OR ANY OTHER CLAIMS FOR DIRECT FINANCIAL LOSS THAT ARE NOT EXCLUDED BY ANY OF THE CATEGORIES SET OUT ABOVE.
OUR SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, WE DO NOT WARRANT THAT OUR SITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT OR OTHER MATERIALS FROM OUR SITE. IF YOU ARE DISSATISFIED WITH OUR SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING OUR SITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, AND EXCEPT FOR ANY PRODUCT WARRANTY OFFERED BY US OR AS OTHERWISE SPECIFICALLY SET FORTH IN A SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED “AS IS” EXCEPT AS EXPRESSLY OTHERWISE STATED HEREIN.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF US OR OUR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF OUR SITE OR ANY PRODUCT ORDERED VIA OUR SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF OUR SITE OR PURCHASE OF PRODUCTS VIA OUR SITE.
This foregoing does not affect Our liability for death or personal injury arising from Our negligence, nor Our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
If a mistake in service or product description or pricing occurs on Our Site, We reserve the right to correct it and to refuse or cancel any orders placed for items listed at an incorrect price. Any orders placed via the Site are not considered accepted until We have shipped the order.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
UPLOADING MATERIAL TO OUR SITE
Any Content you upload to Our Site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such Content for any purpose. We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or other material posted on Our Site or endorse any opinions expressed on Our Site. You understand that by accessing Our Site, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will We be responsible, or liable to you or any third party, for the Content or accuracy of any materials posted by you or any other user of Our Site, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content or other materials posted, emailed, transmitted or otherwise made available on Our Site or broadcast elsewhere.
We have the right to remove any Content or posting you make on Our Site if, in Our opinion, such material does not comply with the content standards set out in Our Acceptable Use Policy (please see Part II below).
VIRUSES, HACKING AND OTHER OFFENSES
In the event of such a breach, your right to use Our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
LINKS FROM OUR SITE
This Agreement is governed by the laws of the United States, without regard to its conflict of law provisions. You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court and you agree to submit to the personal and exclusive jurisdiction of the courts.
Acceptable Use Policy
SUSPENSION AND TERMINATION
CHANGES TO THE ACCEPTABLE USE POLICY
We may revise this acceptable use policy at any time by amending this page and such change(s) shall be effective upon posting on Our Site. You are expected to check this page from time to time to take notice of any changes.
© Boston Trolley Company. 2021 All rights reserved.