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Marble Surface

Tomandshane.com

Terms and Conditions

THIS IS IMPORTANT — PLEASE READ

General/Overview

The following Terms & Conditions shall apply to the relationship between Tomandshane.com ("The Website") and the end user ("Subscriber" or "You") by using Tomandshane.com services, you accept these terms & conditions, as well as the manner in which Tomandshane.com operates. These terms & conditions constitute the entire agreement between Tomandshane.com and you and supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and with respect of your use of Tomandshane.com.

Information on Tomandshane.com, such as the "Help" or "About Us" sections, are only recommendations and are not intended to be relied on as rules or guidelines. Tomandshane.com is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If you have any questions, concerns, or comments about these Terms & Conditions, please contact us.

Acceptance of Terms & Conditions

The Website is owned and operated by Tom Egelhoff • 138 Gawain Way, Bozeman, Montana. By accessing the website, you agree to be bound by these terms & conditions whether or not you open an account with the Tomandshane.com content website and or subscribe to particular services, or purchase products.

Eligibility

By accepting the Terms & Conditions and/or registering with Tomandshane.com, you confirm that you are at least 18 years of age, and that you meet all other eligibility requirements contained in these Terms & Conditions. By using Tomandshane.com, you warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms & Conditions.

Tomandshane.com employees and their family members (defined as parents, spouse, siblings and children) and any persons residing in the same household as Tomandshane.com employees may not under any circumstances participate in Tomandshane.com.

Tomandshane.com products and services are offered exclusively to private users and not to commercial or semi-commercial retailers.

Registering

You may register only once with Tomandshane.com and you must provide a postal address where you reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering.

If your username is illegal or in breach of these Terms & Conditions, your user account may be frozen until you change the username. Tomandshane.com also may permanently close your account without prior notice to you for violating these Terms & Conditions.

You are responsible for keeping your user account password confidential. Tomandshane.com will never ask for your password except during login. You should never provide your password to anyone, including Tomandshane.com employees. User accounts are non-transferable. Only you may use your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using your user account.

Data & Description

Subscriber data is for internal use only and will be treated confidential. All transactions are SSL encrypted and protected, and the website will apply its best efforts to ensuring the safety and security of subscriber data and information at all times. The website will provide one access right to access the website and its materials for which subscriber is entering into a Subscription.

Billing Detail

The details and/or descriptor for any and/or all charges contemplated by the subscription and/or other use of this website by the subscriber may alter depend on the billing facility applied, the processing authority, the banking channel and/or the subscriber geographical location. Such details and/or descriptor may appear on the Subscriber’s credit card, bank statement, or phone bill for all applicable charges. If multiple venues are joined utilizing any payment method, Subscriber’s statement will list each individual purchase comprising the transaction. The website may include other information on subscriber statement based on credit card association, telephone regulation, NACHA and any other mandated rules and regulations. If subscriber elects to use a checking account to purchase a subscription to this website, a debit will be executed on their checking account.

Force Majeure

You agree that Tomandshane.com shall not be liable for any delay or failure in the performance of any of its obligations under these Terms & Conditions if such failure is due to an event of force majeure. A force majeure event is any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organized protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of Tomandshane.com.

Dispute Resolution

By agreeing to these Terms & Conditions, you and Tomandshane.com each waive the right to participate in a class action.

You agree that any and all claims, disputes, and causes of action arising out of or relating to your use of the Tomandshane.com website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, you agree to negotiate with Tomandshane.com regarding any disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the dispute (the "Notice of Dispute") to Tomandshane.com in a manner specified in the "Notices" section below. If Tomandshane.com and you do not reach an agreement regarding a dispute within 30 days following Tomandshane.com receipt of the notice of dispute, Tomandshane.com and you agree to submit such dispute to binding arbitration. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.

Additional Terms

Additional Terms and Conditions may apply to the use of services or purchase products and to specific portions or features of the website, including contests, promotions or other similar features, all of which terms are made a part of these Terms and Conditions by this reference. You agree to abide by such other Terms and Conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and Conditions and the Terms posted for or applicable to a specific portion of the website or for any service offered on or through the website, the latter terms shall control with respect to your use of that portion of the Website or the specific Service.

Patent

The website or any of its licensors or affiliates products, technology and processes referred to or posted on the website may be covered by one or more patents and/or are subject to other trade secret and/or any other proprietary rights. No transfer or grant of any rights under any such patents is made or is to be implied by any provision of these Terms and Conditions or by any other provision contained in the website, and The website and/or its licensors and/or affiliates reserves all such rights.

Trademarks

The website, as well as other names and marks so notified on the website are trademarks of the website. Other company or product names are the trademarks or registered trademarks of their respective holders. No transfer or grant of any rights under any names, marks or logos is made or is to be implied by any provision of these Terms and Conditions or by any other provision contained in the website, and all rights in such names, marks or logos is reserved by the website and/or respective holders. You may use the website marks or product names to refer to the website products and services, provided you follow the following guidelines whenever the website marks appear: Your use of the website marks must not mislead consumers or imply as to any the website sponsorship, affiliation, or endorsement of your company, or your products or services. You should not use the website marks, or any other trademarks, service marks, logos, or trade names of the website, or any word, symbol, or design confusingly similar thereto, as part of your (i) corporate name; or (ii) as part of the name of any of your product/service or third party's products/services; or (iii) as part of your internet address, domain name, meta tags, or any other similar designations. All the website marks must incorporate the exact and consistent style, type specifications and capitalization as instructed by the website, without any variations of same. The website marks shall be used as an adjective followed by the generic term for the product/service. The website reserves the right to oppose any uses of the website marks that the website, in its sole discretion, deems unlawful or improper, even if such use is not expressly prohibited hereunder. The website further reserves the right to revise these guidelines at any time, without notice.

Miscellaneous

You are solely responsible for your interactions with other users. The website reserves the right, but has no obligation, to monitor disputes between you and other users, using the services and/or purchasing products is void where prohibited. You represent and warrant that you are at least 18 years of age. You may be required to open an account in order to access some or all of the services. To do so, you will be required to create a username and password, to agree to these Terms and Conditions and to provide your email address. You may be required to provide additional information and complete additional registration steps. The services are for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the website. Illegal and/or unauthorized use of the services, including collecting usernames and/or email addresses of users by electronic or other means or unauthorized framing of or linking to the services are prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed without notice and may result in termination of account privileges, which is without limitation to any other legal action that may be taken by the website.

Further Disclaimers

The website is not responsible for any incorrect or inaccurate content posted on the website or in connection with any of the services provided, whether caused by users or by any of the equipment or programming associated with or utilized in any of the services. The website is not responsible for the conduct, whether online or offline, of any user. The website assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any of the services or products. The website is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any of the services or combination thereof, including any injury or damage to users and/or users or to any person's computer related to or resulting from participation or downloading materials in connection with the website and/or in connection with the services or products. Under no circumstances shall the website be responsible for any loss or damage, including personal injury or death, resulting from use of the website or the services or from any content posted on the website or transmitted to users, or any interactions between users, whether online or offline.

Restriction

Nothing in these Terms & Conditions is intended to have the effect of excluding, restricting or modifying; the application of all or any of the provisions of relevant consumer law; the exercise of a right conferred by such a provision; or any liability of website nor any of its officers, directors, employees, agents, merchants, affiliates, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by website, or the like, in relation to a failure to comply with any guarantee that may apply under consumer law to a supply of goods or services.

Disclaimer

Subject to the above-described application of the Consumer Law of the United States, to the maximum extent permitted by law, this website hereby disclaims any and all liability from claims arising from the subscription packages offered on the website. The website will not be liable for any damages or injuries, whether physical or emotional, that occur or are received subject to any subscription from this Website as is agreed to by the subscriber subject to the terms and conditions detailed herein.

Indemnity

The subscriber agree to indemnify, defend, and hold the website and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "indemnified persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any indemnified persons due to, arising out of, or in connection with: the subscriber use of website or any of the services offered by website; any violation of these terms and conditions by the subscriber or any person acting in collusion with the subscriber; any violation of applicable law or court order by the subscriber, and any negligence or willful misconduct by the subscriber.

Intellectual Property

All copyright and other intellectual property rights subsisting in website (including, without limitation, the software, design, text and graphics comprised in website and the selection and lathe subscriber of website) are owned or licensed by website and protected by the laws of the United States and other countries. The subscriber is authorized to view website and its contents using the subscriber web browser. The subscriber must not otherwise reproduce, transmit, communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on website, except as permitted by statute or with our prior written consent. Website' logos are trademarks of website. All rights reserved. The subscriber may not use our trademarks without our prior written consent. No right, license or interest to such trademarks is granted under these Terms & Conditions. Any other trademarks appearing on website are the property of their respective owners.

Service and Support

All requests for standard technical service and support on products purchased on website should be made directly to the manufacturer in accordance with their Terms and Conditions. Likewise queries regarding defective products should also be made to the relative and appropriate manufacturer directly.

Guarantee

The website guarantees the subscriber will be completely satisfied with our information and services. Simply cancel the subscriber membership through the detailed support protocols and automatic refunds can be provided for all transactions within the previous thirty (30) days of subscription. Please allow up to 72 hours for the refund to process. Please note that this website has many subscribers who cancel their subscription and return again later and often, so a simple recurring billing cancellation request is not considered a refund request – unless specifically stipulated during the following of the support protocols provided. Our guarantee does not apply to any purchases made from 3rd parties which may have links from our website.

Extended Refund Policy

There are many unforeseen circumstances where refunds or credits maybe issued beyond the normal thirty (30) days policy described above. This website is operated by honest and reputable people and would never knowingly take money from anyone without providing service. Our business longevity since is a testament to our integrity. Situations where a subscriber accidentally creates multiple accounts, or human errors (yes, we are human), where a recurrent subscription cancellation was requested but not properly processed, etc. are properly adjusted. All such refund requests are at the discretion of our management – but are 99.99% in favor of the customer. Please allow up to 72 hours for the refund to process.

Website Information

Unless the subscriber has entered into an express written contract with this website to the contrary, subscribers, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By viewing the contents of this website, the subscriber agree this condition of viewing and the subscriber acknowledge that any unauthorized use is unlawful and may subject the subscriber to civil or criminal penalties. Again, the subscriber has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the website may contain, for any reason for any use whatsoever. Nothing. The subscriber agrees to liquidated damages in the amount of US$100,000 in addition to costs and actual damages for breach of this provision. The subscriber warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.

Ownership

The website and its contents are owned or licensed by the website. Material contained on the website must be presumed to be proprietary and copyrighted. Subscribers have no rights whatsoever to the website content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.

Prohibited Application

Unless expressly authorized by website, no one may hyperlink this website, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Further, the subscriber is not allowed to reference the URL (website address) of this website in any commercial or non-commercial media without express permission, nor are the subscriber allowed to 'frame' the website. The subscriber specifically agrees to cooperate with the website to remove or de-activate any such activities and be liable for all damages. The subscriber hereby agrees to liquidated damages of US$100,000.00 plus costs and actual damages for violating this provision.

Fraud

By becoming a subscriber, the subscriber confirms that the information provided in all forms is true and that the subscriber agrees to abide by the Terms and Conditions of use of this website. Please note that the subscription of any subscriber can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by pro response media in its sole discretion. If membership has been revoked, and the website reserves the right to refuse application or readmission to the membership program.

Limited Usage Rights

The viewing, printing or downloading of any content, graphic, form or document from the website grants the subscriber only a limited, nonexclusive license for use solely by the subscriber for the subscriber own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for the subscriber personal use (but not for resale or redistribution).

Modification

The website in the sole discretion of the website, reserves the right to edit or delete any documents, information or other content appearing on the website, including this agreement, without further notice to subscribers.

Indemnification

The subscriber expressly agrees to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to the subscriber violation of this agreement or use of the website.

Transfer

The subscriber right to use the website is not transferable. Any password or right given to the subscriber to obtain information or documents is not transferable and may only be used by the subscriber.

Contents Disclaimer

The website disclaims any responsibility for the accuracy of the content of this website. Subscribers assume all the risk of viewing, reading, using, or relying upon this information. Unless the subscriber has otherwise formed an express contract to the contrary with the website, the subscriber has no right to rely on any information contained herein as accurate. The website makes no such warranty. The website assumes no responsibility for damage to computers or software of the subscriber or any person the subscriber subsequently communicates with from corrupting code or data that is inadvertently passed to the subscriber's computer. Again, the subscriber views and interacts with this website, or banners or pop-ups or advertising displayed thereon, at his own risk. DISCLAIMER FOR HARM CAUSED TO THE SUBSCRIBER COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE OR ITS CONTENTS. THE SUBSCRIBER ASSUMES ALL RISK OF VIRUSES, WORMS, OR OTHER CORRUPTING FACTORS.

Download Disclaimer

Subscriber downloads information from this website at this own risk. Website makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms.

Limitation of Liability

By viewing, using, or interacting in any manner with this website, including banners, advertising, pop-ups, or downloads, and as a condition of the website to allow his lawful viewing, the subscriber forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

Indemnification

Subscribers agree that in the event he causes damage, which the website is required to pay for, the subscriber, as a condition of viewing, promises to reimburse the website for all.

Submissions

The subscriber agrees as a condition of viewing, that any communication between the subscriber and website is deemed a submission. All submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become the exclusive property of the website and may be used, without further permission, for commercial use without additional consideration of any kind. The subscriber agrees to only communicate that information to the website, which it wishes to forever allow the website to use in any manner as it sees fit. "Submissions" is also a provision of the privacy policy.

Force Majeure

The subscriber agrees that website shall not be liable for any delay or failure in the performance of any of its obligations under these Terms & Conditions if such failure is due to an event of force majeure. A force majeure event is any act of government or state, civil commotion, epidemic, fire, flood, industrial action or organized protests by third parties, natural disaster, war, failure of payment systems, or any event beyond the reasonable control of website.

Class Action

By agreeing to these Terms & Conditions, the subscriber and website each waive the right to participate in a class action.

Disputes

The subscriber agrees that any and all claims, disputes, and causes of action arising out of or relating to the subscriber use of the website or arising under these Terms & Conditions (each a "Dispute" and collectively, "Disputes") shall be resolved as set forth in this section. Before initiating any formal dispute resolution proceedings, the subscriber agrees to negotiate with website regarding any disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The subscriber may initiate these negotiations by sending a notice of the dispute (the "Notice of Dispute") to website in a manner specified in the "Notices" section below. If website and the subscriber do not reach an agreement regarding a dispute within 30 days following website receipt of the notice of dispute, website and the subscriber agree to submit such dispute to binding arbitration, on an individual basis, under the generally accepted rules of arbitration and mediation. The proceedings shall be governed by the applicable law may be enforced in any court of competent jurisdiction. All administrative costs of any arbitration shall be split evenly between the parties. Each party shall be responsible for paying its own attorney fees and expert fees. To the maximum extent permitted by law, the parties agree that the arbitration award shall not include consequential damages (including, but not limited to, loss of revenue, profits, custom, reputation or goodwill, loss-of-use damages or additional expenses incurred) or punitive damages but shall only award the aggrieved party the actual damages sustained.

International Sale of Goods

The subscriber and the website agree that the provisions of the UN convention on the International sale of goods will not apply to the actual, implied or inferred contract between the parties for the subscription to the website, and/or product provided by the application of such subscription.

Enforceability

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable or void provisions will be deemed to be modified so as to affect the original intent of these Terms & Conditions as closely as possible.

Protection of Data

The protection of the subscriber data is very important to us. For more information on the collection, processing, and use of personal data, please read the website privacy policy.

External Links

Our website may contain links to other websites operated by third parties, and these websites may likewise contain links to other websites. These links are provided strictly for the subscriber convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the websites linked to and from this website are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites. The subscriber acknowledges and agree that website is not responsible or liable for the content or accuracy of these third-party websites.

Waiver

Any waiver of any provision by website of the Terms & Conditions or privacy policy will be effective only if in writing and signed by website.

Authorization

Subscribers to the website are hereby authorized a single access rights to access the service or material located at this website. This access rights shall be granted for sole use to one Subscriber. All memberships are provided for personal use and shall not be used for any commercial purposes or by any other third parties. Commercial use of either the website or any material found within is strictly prohibited unless authorized by the website. No material within the website may be transferred to any other person or entity, whether commercial or non-commercial. No material within the website may be distributed through peer-to-peer networks or any other file sharing platforms. In addition, materials may not be modified, or altered. Materials may not be displayed publicly, or used for any rental, sale, or display. Materials shall extend to copyright, trademarks, or other proprietary notices there from. The website and the website reserve the right to terminate this access rights at any time if the terms of this agreement are breached. In the case that the terms are breached, subscriber will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the website.

Transfer Rights

Access to the website is through a combination of a username and a password. Subscribers may not under any circumstances release their access rights to any other person and are required to keep their access rights strictly confidential. The website will not release passwords for any reason, to anyone other than the subscriber, except as may be specifically required by law or court order. Unauthorized access to the website is a breach of this agreement. Subscribers acknowledge that the owner of the website may track through the use of special software each Subscriber's entry to the website. If any breach of security, theft or loss of access rights, or unauthorized disclosure of access rights information occurs, Subscriber must immediately notify the website or the website of said security breach. Subscriber will remain liable for unauthorized use of service until the website or the website is notified of the security breach by e-mail or telephone.

Supplementary

The website may have additional Terms and Conditions that are an integral part of their offering to the subscriber and are in addition to these Terms and Conditions. Such Terms and Conditions as listed at the website will in no way invalidate any of the Terms and Conditions listed here. This agreement shall be construed and enforced in accordance with the laws of the United States applicable to contracts negotiated, executed, and wholly performed within said country. Disputes arising hereunder shall be settled in the United States.

Notices

No additional notice of any kind for any reason is due to the subscriber and the subscriber expressly warrants an understanding that the right to notice is waived as a condition for permission to view or interact with the website. Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to website by the subscriber must be given in writing by hand delivery in return for a receipt, sent registered mail (return receipt requested), addressed to – Tom Egelhoff – 138 Gawain Way – Bozeman, Montana 59718

 

Jurisdiction and Venue

If any matter concerning this purchase shall be brought before a court of law, pre- or post-arbitration, viewer, the subscriber, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the website given below. In the event that litigation is in a court of law, the proper court of law shall be that as located in the United States.

CONTACT INFORMATION

The contact address of the website is Tom Egelhoff – 138 Gawain Way – Bozeman, Montana 59718 for International customers/inquires, or via the established electronic means provided clearly at Tomandshane.com.