TERMS AND CONDITION OF USE
BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY Tyke Supply YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Important Information About This Legal
Contract
You agree to this User Agreement, and
all of its terms and conditions, by visiting, browsing, shopping, accessing or
otherwise using the Site. These terms and conditions are subject to change
without prior notice at any time, in Tyke Supply's sole discretion. By
visiting, browsing, shopping, accessing or otherwise using the Site after a
change has been posted to the Site, the Customer accepts that change. Customers
should check this User Agreement and the Privacy Pledge frequently
Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions,
constitute a legal contract between you and Tyke Supply (References to "you"
or "your" shall relate to a customer of Tyke Supply or other party that
visits, browses, shops, accesses or otherwise uses the Site (the "Customer");
references to "Tyke Supply" shall relate to Tyke Supply and its
affiliates.) By visiting, browsing, shopping, accessing or otherwise using this
site ("Site"), you acknowledge that you have read, understood, and agree to be
bound by this User Agreement and comply with all applicable laws and
regulations, including U.S. export and re-export control laws and regulations.
If you do not agree to this User Agreement, as it may be changed by
Tyke Supply from time to time, do not use this Site. The material provided
on this Site is protected by law, including, but not limited to, United States
copyright law and international treaties. This Site is controlled and operated
by Tyke Supply from its offices within the United States. Tyke Supply
makes no representation that materials in the Site are appropriate or available
for use in other locations, and access to them from territories where their
contents are illegal is not authorized. Those who choose to access this Site
from other locations do so on their own initiative and are responsible for
compliance with applicable local laws.
Any claim relating to, and the use of,
this Site and the materials contained herein is governed by the laws of the
state of FL without regard to conflict of law rules. You consent to
jurisdiction of the federal and state courts located in SUMPTER County,
FL to hear any such claims.
Access, Interference and Linking
Tyke Supply grants you a limited license to access and make
personal use of the Site and not to download (other than page caching) or modify
it, or any portion of it, except as provided below under "Use Restrictions," or
with express written consent of Tyke Supply.
The following activity on
the Site is expressly prohibited: Any non-personal or commercial use of any
robot, spider, other automatic device, or manual process to monitor or copy
portions of the Site or the content contained herein without prior written
permission by Tyke Supply; collection or use of any product listings,
descriptions, or prices, from the Site for the benefit of another merchant that
supplies products competitive with or comparable to those offered on the Site;
and, Any use of, visits to, or other action that imposes an unreasonable or
disproportionately large load on the Site, or otherwise interferes with its
proper and timely functioning.
Any unauthorized use terminates the license granted by
Tyke Supply.
You are granted a limited, revocable, and nonexclusive right
to create a hyperlink to the home page of the Site so long as the link does not
portray Tyke Supply, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
any Tyke Supply logo or other proprietary graphic or trademark as part of
the link without express written permission.
Tyke Supply does not review
or control third-party sites that link to or from the Site, and is not
responsible for the contents of any third-party sites linked to or from the
Site.
Use Restrictions
The copyright in all material provided on this Site is held by
Tyke Supply or by the original creator of the material. Except as stated
herein, none of the material may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying,
recording, or otherwise, without the prior written permission of Tyke Supply
or the copyright owner. Permission is granted to display, copy, distribute and
download the materials on this Site for personal, non-commercial use only,
provided you do not modify the materials and that you retain all copyright and
other proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon termination,
you must immediately destroy any downloaded or printed materials. You also may
not, without Tyke Supply 's prior written permission, "mirror" any material
contained on this Site on any other server. Any unauthorized use of any material
contained on this Site may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
All
trademarks and registered trademarks are the sole property of their respective
owners. Photographs courtesy of respective manufacturers. Tyke Supply and
the Circle of Service logo are trademarks of Tyke Supply Copyright © 2002
Tyke Supply.
Microsoft and the Passport Logo are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries and are used under license from Microsoft.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL Tyke Supply BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA
OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON
THIS SITE, EVEN IF Tyke Supply OR A Tyke Supply AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE
OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR
CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Arbitration
By
accessing the Site and using the information therein available and/or by
purchasing any products or services made available through this Site, you agree
with Tyke Supply, its service providers, agents, employees, successors,
assigns, affiliates, parents, subsidiaries and any content provider or offer or
of goods or services on this Site or through any other associated activity, that
ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU
MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE
DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS
ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in
effect at the time the claim is filed. The Code is available at
http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448.
Notwithstanding any choice of law provision included in this User Agreement,
this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C.
§§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9
U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the
award is sought). Hearings shall be held as provided by the Code and if any
In-person Hearing is required, it shall be held in Bushnell, FL. Each
party shall bear its own cost of any legal representation, discovery, or
research required to complete arbitration.
Privacy
Please
review our Privacy Notice, which also governs your visit to this Site.
You
are responsible for maintaining the confidentiality of your account and password
and for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account or password. If
you are under 18, you may use the Site only with a parent or guardian.
Tyke Supply reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
Communications to Tyke Supply
Any communication or material you transmit to the Site by
electronic mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, non-confidential and
non-proprietary. Anything you transmit or post may be used by Tyke Supply
for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Tyke Supply
is free to use any ideas, concepts, know-how, or techniques contained in any
communication you send to Tyke Supply or the Site for any purpose
whatsoever, including but not limited to developing, manufacturing and marketing
products using such information.
Copyright Complaints
If you believe that your work has been copied in a way that
constitutes copyright infringement, please
contact:
Tyke Supply
4533 sw 37th ter
Bushnell FL,
33513
Phone: 352-397-2907
Fax:
Email: sales@tykesupply.com
Disagreement with These Terms and
Conditions
If you disagree with any of the
terms and conditions of this User Agreement, please do not visit, browse, shop,
access or otherwise use this Site.
Tyke Supply Terms and Conditions of Sale
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY.
THE CUSTOMER AGREES TO BE BOUND BY THIS SALE
AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A
SEPARATE FORMAL PURCHASE AGREEMENT WITH Tyke Supply. IN WHICH CASE THE
SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal
Contract
This Sale Agreement is a legal
contract between the Customer and Tyke Supply. The Customer accepts this
Sale Agreement by making a purchase, placing an order, or otherwise shopping on
the Site. (References to "you" or "your" shall relate to the Customer;
references to "Tyke Supply" shall relate to Tyke Supply and its
affiliates.) The terms and conditions of this Sale Agreement are subject to
change without prior notice, except that the terms and conditions posted on the
Site at the time the Customer initially places or modifies an order will govern
the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Tyke Supply relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Tyke Supply. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Tyke Supply at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE
LAWS OF THE STATE OF FL, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE
CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN
SUMPTER COUNTY, FL FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING
ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller
until goods are paid for by the purchaser and at that time title passes to the
purchaser. Loss or damage that occurs during shipping by a carrier selected by
Tyke Supply is Tyke Supply's responsibility. Loss or damage that occurs
during shipping by a carrier selected by Customer is Customer's responsibility.
Title to software will remain with the applicable licensor(s).
Export Sales
If
goods herein being purchased are being purchased for purposes of export, the
Customer must obtain from the federal government certain export documentation
before shipping to a foreign country. In addition, manufacturers' warranties for
exported goods may vary or even be null and void for goods exported outside the
United States. The Customer should inquire further regarding any questions. Any
and all liability is only for the products purchased.
General Legal Disclaimer
Tyke Supply HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
Tyke Supply IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF
ANY.
Internet Disclaimer
Internet connectivity requires access services from an Internet
access provider. Contact your local access provider for rates, terms and
conditions.
56K Disclaimer
56K modems are capable of 56Kbps downloads, however, current
regulations limit download speed to 53Kbps.
Third-Party Product and Y2K
Disclaimer
All products sold by Tyke Supply
are third party products and are subject to the warranties and representations
of the applicable manufacturers, including but not limited to Y2K compliance.
Accordingly, Tyke Supply makes no representation or warranty with respect to
the Y2K compliance of products sold.
Pricing and Information
Disclaimer
All pricing subject to change. For
all prices, products and offers, Tyke Supply reserves the right to make
adjustments due to changing market conditions, product discontinuation,
manufacturer price changes, errors in advertisements and other extenuating
circumstances. High volume bids are welcome!
While Tyke Supply uses
reasonable efforts to include accurate and up-to-date information on the Site,
Tyke Supply makes no warranties or representations as to the Site's
accuracy. Tyke Supply assumes no liability or responsibility for any errors
or omissions in the content on the Site.
Limitation of Liability
Tyke Supply WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF
BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY
EXCEPT AS EXPRESSLY PROVIDED HEREIN. Tyke Supply WILL NOT BE LIABLE FOR
PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA
OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF
PRODUCTS OR SERVICES, Tyke Supply IS NOT LIABLE OR RESPONSIBLE FOR ANY
AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE
PURCHASE(S) UNDER THIS AGREEMENT.
Arbitration
ANY
CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER
PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL
TORT AND EQUITABLE CLAIMS) arising from or relating to this Sale Agreement, its
interpretation, or the breach, termination or validity thereof, the
relationships which result from this Sale Agreement (including, to the full
extent permitted by applicable law, relationships with third parties who are not
signatories to this Sale Agreement), Tyke Supply's advertising, or any
related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING
ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAF) under the Code
of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the
claim is filed. The Code is available at http://www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. Notwithstanding any choice of law
provision included in this Sale Agreement, this arbitration agreement is subject
to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on
the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the
jurisdiction where enforcement of the award is sought). Hearings shall be held
as provided by the Code and if any In-person Hearing is required, it shall be
held in Bushnell, FL. Judgment on the award rendered by the arbitrator(s)
may be entered by any court having jurisdiction. Each party shall bear its own
cost of any legal representation, discovery, or research required to complete
arbitration.
Orders; Payment Terms; Interest;
Taxes
Orders are not binding upon
Tyke Supply until accepted by Tyke Supply. Terms of payment are within
Tyke Supply's sole discretion. Invoices are due and payable within the time
period noted on the invoice, measured from the date of the invoice.
Tyke Supply may invoice parts of an order separately. Customer agrees to pay
interest on all past-due sums at the highest rate allowed by law. The Customer
is responsible for sales and all other taxes associated with the order.
Freight Policy
Shipping and handling charges on all orders vary; contact your
Tyke Supply account manager for our most current and competitive rates,
options and shipping specials. For the Customer's protection, we ship only to
the verified billing address of the Customer's credit card. In some
circumstances, international shipping may be available. Call for details.
Return Policy
The following refund policy applies to all products except
those stating their own refund policy with the product
description:
| • | Tyke Supply offers a 30 days return policy on selected items based on manufacturer return policies. For further information not listed, please contact your Tyke Supply account manager. |
| • | Please call 352-397-2907 or e-mail our Returns Department at sales@tykesupply.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem. |
| • | All products returned MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. |
| • | You are responsible for shipping charges on returned items; Tyke Supply will match your shipping method on your replacement or exchange item(s). |
| • | Tyke Supply strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection. |
| • | If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery. If you accept the package make sure it is noted on the carrier's delivery record in order for Tyke Supply to file a damage claim. Save the merchandise AND the original box and packing it arrived in, notify Tyke Supply immediately to arrange for a carrier inspection and a pick up of damaged merchandise. If you do not notify Tyke Supply of damaged goods within the first 15 days of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call 352-397-2907 or your Tyke Supply account manager to arrange for carrier inspection and a pick up of damaged merchandise. |
| • | DEFECTIVE returns can be returned directly to Tyke Supply within 30 days from the invoice date, at Tyke Supply's discretion for: credit, replacement, exchange or repair. |
| • | Manufacturer restrictions do apply and are outlined in our detailed policy. Any item that is missing the UPC can ONLY be replaced with the same item. After 30 days, all manufacturers' warranties apply. |
| • | NON-DEFECTIVE returns can be accepted directly by Tyke Supply within 30 days from the invoice date, at Tyke Supply's discretion for: credit, exchange. All NON-DEFECTIVE returns are subject to a 0 percent restocking fee. |
| • | Due to manufacturers' policies, Tyke Supply cannot accept returns of the following items for exchange, replacement or credit FOR ANY REASON: (Tyke Supply exceptions). DEFECTIVE merchandise can be returned for REPAIR ONLY to: Tyke Supply, the manufacturer direct or any authorized service center in your area. Additional manufacturers may be added to this list as: manufacturer policies change, manufacturer goes out of business or in the case of specially ordered items. |
Tyke Supply reserves the right to authorize product returns beyond 30 days from the invoice date. Original shipping charges are not refunded on returned items. Customers are responsible for all shipping charges back to Tyke Supply LLC on returned items, and Tyke Supply will pay the shipping charges on the replacement or exchange item(s) going back to the customer.
Credit Cards
Credit card charges are processed online after ordering the
products and/or services.
