Welcome to the Tom Carry web site (the “site”). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the site (the “agreement”). Your use of the site constitutes your agreement to follow and be bound by the agreement. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use the site. If you do not agree to these terms, please do not use the site.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Site
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the site or any service, content, feature or product offered through the site, with or without notice; and/or offer opportunities to some or all users of the site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or any service, content, feature or product offered through the sites.
Unless otherwise noted, the site, and all materials on the site, including text, images, illustrations, designs, icons, photographs and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “contents”), are owned, controlled or licensed by Tom Carry and other trademarks appearing on the sites are the trademarks of Tom Carry and/or its subsidiaries. The sites and the contents are intended solely for personal, non-commercial use. You may download or copy the contents and other downloadable materials displayed on the sites for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the contents or the sites.
Unless otherwise specified, the site and the contents are intended to promote Tom Carry’s products and services available in the United States. The site is controlled and operated by Tom Carry from its offices in New Jersey – USA.
User comments, feedback, and other submissions
Tom Carry is pleased to hear from users and welcomes your comments regarding our products and services. Tom Carry company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Tom Carry’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that Tom Carry may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to Tom Carry. Tom Carry is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. Tom Carry has the right but not the obligation to monitor and edit or remove any comments.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Tom Carry or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Tom Carry takes no responsibility and assumes no liability for any comments posted by your or any third party.
Personal information submitted through the site
Many products displayed on the site and the prices displayed are quoted in U.S. Dollars. Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site according to the applicable return policy.
Errors, inaccuracies, and omissions
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
We have made every effort to display as accurately as possible the colors of our products that appear at the site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Links to other web sites and services
The site may contain links to other web sites that are not under the control of Tom Carry. Tom Carry has no responsibility for the linked web sites nor does linking constitute an endorsement of any linked web site. Links are provided solely for the convenience and information of the sites’ users.
The materials on the site are provided “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Tom Carry expressly disclaims any duty to update or revise the materials on the site, although Tom Carry may modify the materials at any time without notice. Your use of the site is at your sole risk, and you assume full responsibility for any costs associated with your use of the site. Tom Carry shall not be liable for any damages of any kind related to your use of the site.
You agree to defend, indemnify and hold Tom Carry harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site and/or your breach of any representation, warranty, or other provision of the agreement.
These terms are effective unless and until terminated by either you or Tom Carry. You may terminate this agreement at any time. Tom Carry also may terminate this agreement at any time without notice, and accordingly may deny you access to the site, if in our sole judgment you fail to comply with any term or provision of the agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.