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By using The Tog Shop website, you agree to follow these terms of use. If you do not agree with the terms, you may not use this site.
Please read these Terms regularly, as they may change at any time. By using the Site after a change in the Terms, you agree to follow and be bound by the Terms as changed.
Everything you see or receive from or on the Site ("Content") is copyright, trademark, trade dress or other intellectual property owned by The Tog Shop or its licensors. Content includes images, illustrations, designs, icons, photographs, trademarks, logos, text, software, sounds and the Site as a whole. You may use or download Content solely for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices. No other use of Content is permitted. Except for this limited license, nothing in the Terms transfers to you any right, title or interest in any Content. The downloading or export of software or technical data from this Site to any jurisdiction in violation of United States export laws is strictly prohibited. The Tog Shop may change, suspend, restrict or discontinue any aspect of the Site at any time, including any Site feature, service or Content.
You promise to make only lawful use of this Site. You promise note to post, upload or transmit 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.
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.
The Tog Shop has made every effort to accurately display the products featured on this web site. However, the colors we use and the capabilities of your computer monitor will affect the colors you see on your screen. The Tog Shop cannot guarantee that your monitor's display of any color, texture, or merchandise details will be accurate. The Tog Shop does however, unconditionally guarantee your satisfaction with any merchandise order. If, at any time or for any reason you are not completely satisfied with your purchase, please return the item for an exchange or refund of the purchase amount.
The Tog Shop attempts to provide the most recent, accurate, and reliable information on our web site. However, there may be occasions when information featured on togshop.com may contain typographical errors, incomplete data, inaccuracies, or items featured on the web site that are no longer in stock. The Tog Shop does not warrant that the information accessible via this web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. The Tog Shop reserves the right to correct errors and to update product information at any time.
In order to keep our site current with our latest fashion ideas, we frequently change the merchandise offered. This means that we cannot guarantee that an item displayed on a previous visit to togshop.com will still be available on our site when you visit again. We reserve the right to make changes to this web site without prior notice. Should you be unable to locate an item you saw on a previous visit to our site, please contact our Customer Service department and we will make every effort to meet your needs.
We welcome your comments regarding our Site, our products and our services. However, any information you transmit to the Site is not, and will not be treated as private, confidential or proprietary. The Tog Shop may make unrestricted use of any information you transmit to us through the Site. This may include personal information about you and your use of the Site. Please review our Privacy Policy for more information.
The Tog Shop does not warrant that your use of the Site, the operation of the Site, or any services offered on the Site will be uninterrupted or error free, that defects will be corrected, or that the Site is free of viruses or other harmful elements. As a user of this web site, your access is undertaken at your own risk. The Tog Shop shall not be liable for damages of any kind related to your use of or inability to use this web site, even if The Tog Shop knew or should have known of the potential for such damages.
If you are dissatisfied with the Site, any Contents, or any of the Terms, we would like to hear from you. However, your only legal remedy is to stop using the Site.
You agree to defend, indemnify and hold harmless The Tog Shop and its officers, directors, owners, agents, employees, affiliates, licensees and licensors from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site in violation of any of the Terms.
The Tog Shop displays this Site and the Content solely to market and promote The Tog Shop's products and services in the United States. The Tog Shop controls and operates this Site from its offices in Beverly, Massachusetts. The Terms shall be construed according to Massachusetts's law, without regard to its conflicts of laws provisions. Exclusively the state and federal courts of the State of Massachusetts shall resolve any dispute arising under or relating to the Terms, contents or your use of the Site, or products or services purchased using the Site. By using the Site, you consent to the jurisdiction and venue of Massachusetts's courts with respect to any such dispute.
If any provision of the Terms, or any portion thereof, is found to be unenforceable, it shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the rest of the Terms shall remain in full force and effect. The Terms are the entire agreement between you and The Tog Shop relating to the Site. These Terms supersede and cancel any prior written or oral agreement between you and The Tog Shop relating to the Site, which shall have no further force or effect. All rights not expressly granted herein are reserved.
Your failure to comply with the Terms automatically revokes your authorization to use the Site and terminates all rights granted to you under the Terms. Your obligations to The Tog Shop shall continue upon termination of your rights under the Terms, including restrictions regarding the Content, disclaimers and liability limitations under the Terms. If your rights are terminated, you must promptly destroy all Content obtained from this Site, as well as all copies of Content.
One or more patents may apply to this web site, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142
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