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Legal Information The TIERNAN design, ICOOKOUT.COM®, SON-OF-BRISKET®, and CHAR-TONGS® are federally registered trademarks of Tiernan, Inc. Other trademarks of Tiernan include Tirenan® and Mikey T's Pepper Pal™ Tiernan® Outdoor Products recognizes that our customers and others visiting our web site have an expectation of privacy in their dealings with us. We have the highest regard for the privacy of our customers and, as a result, we safeguard the privacy of users of our web site, just as we do throughout the rest of our business. The following covers the circumstances in which we will collect, maintain, and use any information you may provide to us online. This includes information you provide to us when you register to purchase something, or when you send us e-mail. We will not give or sell your information to anyone for any reason. Credit Card Information IBM Net.Commerce, the E-Commerce Solution Tiernan® Outdoor Products employs for our website, is one of the most secure methods for on line transactions available. A human does not see your credit card number. Your number is entered in to our computer and it talks to the bank via a secure connection. There is no chance for human intervention in the processing of your card. No humans = no worries about fraud or theft! Use, Collection, and Retention of Customer Information Tiernan® Outdoor Products will use information collected through its web site to provide you with the products and services you request. We also will use information we collect to identify you in an attempt to know our customers, to communicate with you and to help us respond to your questions. Employee Access and Use of Customer Information We have procedures and security levels that limit employee access to personally identifiable information to those employees with a business reason to know such information about you. We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures, special training programs, and the Tiernan® Outdoor Products code of ethics. We take appropriate disciplinary measures to enforce employee privacy responsibilities. If you have any reason to believe that your personal information retained at Tiernan® Outdoor Products is incorrect, please email us info@icookout.com. We will investigate the problem and, if appropriate, update our records. We reserve the right to change this policy at any time by posting a new privacy policy. PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE. Acceptance of Terms By using this Web Site, you signify your acceptance of the provisions of Tiernan, Inc.'s (“Tiernan”) Terms and Conditions of Use, which follow. If you do not agree to the terms of this Agreement, please do not use the Site and exit the Site immediately. Tiernan reserves the absolute right to modify the terms of this Agreement. As well as the right to change or discontinue any aspect or feature of this Web Site or products and services offered by Tiernan. Your continued use of the Site following the posting of changes to these Terms and Conditions, the Web Site or products and services will mean that you accept the provisions and changes as made. Privacy By using this Web Site, you acknowledge having read and hereby agree to all terms and conditions of Tiernan’s Privacy Policy, which is hereby incorporated herein as though set forth in full. Use The materials on this Web Site are provided for informational purposes only. The materials on this Web Site are Copyright © 2007 Tiernan, Inc. You are authorized to view, copy, print and distribute these materials subject to the terms and conditions set forth herein. The materials may not be used for any unlawful purpose or in violation of this Agreement. Disclaimer of Warranties Tiernan, its employees, agents, partners or affiliate companies make no representation as to the suitability of the information contained on this Web site for any purpose. No warranty is made that this Web Site and its operation will be error free, uninterrupted, reliable, or accurate. Reliance on any material presented on this Web Site is at your own risk. Tiernan shall not be liable for the content of this Web Site, any information contained there in, any delay, failure, interruption, or corruption of any data transmitted in connection with the use of this site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEB SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, COVERING THE ACCURACY OF THE INFORMATION CONTAINED WITHIN THE SITE. ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE HEREBY EXPRESSLY DISCLAIMED. TIERNAN MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEB SITE CONTENT, SOFTWARE TEXT, GRAPHICS, AND LINKS, OR ABOUT RESULTS TO BE OBTAINED FROM USING THE SITE OR TIERNAN’S PRODUCTS OR SERVICES. Limitation of Liability In no event shall Tiernan be liable to any person or business entity for any special, direct, indirect, punitive, incidental or consequential damages arising out of or in connection with the use of this Web Site or any other web site to which this site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information even if Tiernan has been specifically advised of the possibility of such damages whether based on contract, tort, strict liability or otherwise. Tiernan shall be liable to you only for gross negligence or willful misconduct and only to the extent of actual damages incurred by you. Non Confidentiality Except as set forth in our Privacy Policy, all suggestions, ideas, notes, computer programs, data, drawings, concepts or other information of any kind sent to us shall be deemed and shall remain the sole and absolute property of Tiernan and such suggestions, ideas, notes, computer programs, data, drawings, concepts or other information shall not be subject to any obligation of confidence and Tiernan shall not be liable for any use or disclosure. Termination Tiernan may modify or discontinue this Site, with or without notice. Termination of use of this Site shall not affect any right or relief to which Tiernan is entitled, at law or in equity. Tiernan may immediately terminate your use of this Site if Tiernan reasonably believes that there has been a violation or acted inconsistently with the letter or spirit of these Terms and Conditions, or violated the rights of Tiernan or any third party, or for any reason with or without further notice. Tiernan will not be liable to you or any third party resulting from such modification or discontinuation. The provisions entitled “Disclaimer of Warranties,” “Limitation of Liability,” “Choice of Law,” and “General Provisions” shall survive the termination of this Agreement. Attorney's Fees If Tiernan institutes action to enforce any of the provisions of these Terms and Conditions, Tiernan shall be entitled to recover in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorneys' fees and any costs of any litigation. Choice of Law These Terms and Conditions shall be governed by the laws of the state of Texas. To the extent allowed by applicable law, any claims or causes of action arising from or relating from the use of this Site as contemplated by these Terms and Conditions must be instituted within one year from the date upon which such claim or cause arose or accrued. Any such claim or cause of action may only be brought in the state or federal courts located in Potter County, Texas. General Provisions If any provision of these Terms and Conditions is found to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Unless otherwise specified herein, these Terms and Conditions constitute the entire agreement with respect to the Site and the subject matter of these Terms and Conditions and supersede all prior or contemporaneous communications and proposals whether oral, written or electronic with respect to the Site and the subject matter of these Terms and Conditions. |
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