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Terms of Use



Terms of Use Agreement
March 15th, 2010
 
This website, http://www.tansmith.com ("website") is hosted by Tansmith LLC and its parent, subsidiaries and affiliates (collectively referred as "Tansmith”).
 
By using the website, you agree to be bound by all the terms and conditions contained in this Terms of Use Agreement ("Agreement"). Please read this Agreement carefully. By using this website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the Website. In addition, when you use any current or future version of the website you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those in a new Terms of Use Agreement. Your use of the website following any such modification constitutes your agreement to the terms of the modified Agreement. You should visit this page periodically to learn of any changes to this Agreement.
 
User Comments:
We welcome your comments about the website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through the website, e-mail, facsimile, snail mail or other means, shall be and remain the exclusive property of Tansmith. Your submission of any such comments shall constitute an irrevocable assignment to Tansmith of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the comments. As such, Tansmith and any of its affiliates will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
 
Privacy:
Please review our Privacy Policy, which also governs your visit to the website, to understand our privacy practices. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.
 
Trademarks:
Tansmith is a registered trademark of Tansmith LLC and its owners and other marks indicated on our website are trademarks or registered trademarks of Tansmith and its affiliates in the United States and other countries. All rights in such names are hereby reserved.

All rights in the product names, company names, trade names, graphics, logos, page headers, icons, scripts, product packaging, trade dress and designs of all Tansmith or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Tansmith or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and International trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the website confers on you any license or right under any trademark of Tansmith or any third party.

 
Copyright:
All copyright rights in the text, images, photographs, graphics, user interface and other content provided on the website, and the selection, coordination, and arrangement of such content, are owned by Tansmith under the United States Copyright Act and all International copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the website for any purposes. Nothing stated or implied on the website confers on you any license or right under any copyright of Tansmith or any third party.

The website and the information contained in reference herein are for your personal, non-commercial use only. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the website, or use the contents of the website in litigation, or for any commercial or promotional purposes, without the express written consent of Tansmith or its lawful successors and assigns.

For usage permission, please contact us via e-mail at customercare@tansmith.com

 
Notice of Copyright Infringement:
Tansmith respects and honors the intellectual property of others. If you believe that your work has been reproduced and is accessible on the website in a way that constitutes copyright infringement, please provide Tansmith the following information:

(1) Identification of the copyrighted work claimed to have been infringed; (2) Identification of the allegedly infringing material on the website that is requested to be removed; (3) Your name, address, and daytime telephone number, and an email address if available, so that Tansmith may contact you if necessary; (4) A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (5) A statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (6) An electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
 
License and website Access:
Tansmith grants you a limited, revocable and nonexclusive license to access and make personal use of the website but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Tansmith. This license does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, spiders or similar data gathering and extraction tools.

Neither the website nor any portion of the website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Tansmith. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tansmith and its affiliates without express written consent of Tansmith. You may not use meta tags or any other hidden text using Tansmith name or trademarks without the express written consent of Tansmith. Any unauthorized use will immediately terminate the permission or license granted by Tansmith.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tansmith.com so long as the link does not portray Tansmith or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Tansmith in its sole discretion. You may not use any Tansmith logo or other proprietary graphic or trademark as part of the link without express written permission of Tansmith You may not make any other part of the website, other than the home page of the website, available as part of another service by "deep linking," or otherwise, without prior written permission from Tansmith.

 
Third Party and Co-Branded Websites:
The website may contain hyperlinks ("links") to websites operated by persons or entities other than Tansmith ("third-party websites") or to co-branded websites operated by a third party, including affiliates ("co-branded websites"). We provide such links for your reference and convenience only. A link from Tansmith to a third-party website does not imply or mean that we endorse the content on that third-party or co-branded website or the operator or operations of that website. You are solely responsible for determining the extent to which you use any content at any third party or co-branded websites to which you might link from our website. Tansmith is not responsible or liable for any loss or damages incurred as a result of any dealings with any third-party website or co-branded website, any merchant or operator of a third-party website or co-branded website, or any other person with whom you engage in any transaction.
 
Your Responsibilities:
You agree to comply with all applicable laws in connection with your use of the website, and such further limitations as may be set forth in any written or on-screen notice from Tansmith. As a condition of your use of the website, you warrant that you will not use the website for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or transaction or other interaction with the website or any co-branded website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Tansmith or any co-branded website at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using the website, you agree not to violate or attempt to violate the security of the website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," "spamming," "mail bombing," or "crashing" the website; sending unsolicited email, including promotions and/or advertising of products or services; and forging any TCP/IP packet header or any part of the header information in any email or posting.

 
Risk of Loss:
All products purchased from the website are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Tansmith. Title to products purchased on the website, as well as the risk of loss for such products, passes to you when Tansmith delivers these items to the carrier.
 
Accuracy of Information:
Tansmith takes reasonable efforts to ensure that information on this website is complete, accurate and current. Despite Tansmith efforts, however, the information on this website may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The Tansmith make no representation as to the completeness, accuracy or timeliness of any information on this website. For example, products included on the website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the website. In addition, we may make changes in information about price and availability without notice. While it is the practice of Tansmith to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. Tansmith reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Tansmith also may require verification of information prior to the acceptance and/or shipment of any order. Unless otherwise stated, the prices displayed at the website are quoted in U.S. Dollars (for U.S and Canadian website) and in INR (for Indian website)
 
Colors:
While all efforts have been made to match the right color, look and display as accurately as possible, you may still find some difference in shoes in production. Tansmith makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.

Tansmith membership club and Loyalty Rewards Program and its members:

 

Members of Tansmith club of Tansmith can accrue loyalty reward points for purchases made at Tansmith.com within the Terms of Use defined by Loyalty Rewards Program. Tansmith.com has a detailed account linking process to enable customers to redeem their reward points online. Customers have to request via e-mail to activate this facility and acknowledge that they are solely responsible for risks associated with activating online reward point redemptions and will not hold Tansmith.com or any of its subsidiaries responsible for any loss arising due to such transactions. For online point redemptions, Tansmith.com reserves the right to obtain collateral authorization on member's credit/ debit card for the full value of the order, even if the member is redeeming sufficient points to meet the order value. Such authorization will be subsequently reversed upon successful capture of the loyalty reward points from the members Tansmith club Account.

By choosing to link your Tansmith club membership with your Tansmith.com account and redeem your reward points online you agree that your credit/debit card will be authorized for the full value of your order, even if you have chosen to pay partly or fully by earned Loyalty rewards points. If at the time of shipping your order, the reward point balance which you have chosen to redeem is available, then only the excess amount, if any, shall be charged to your credit/debit card.

However, if the reward point balance is insufficient at the time of shipping your order, your credit/debit card shall be charged for the shortfall in loyalty reward point balance.


Disclaimer of Warranties and Limitations on Liability:

The site is provided by Tansmith on an "as is" and "as available" basis. to the maximum extent permitted by law, Tansmith makes no representations and warranties of any kind, express or implied, as to the operation of the site or the information, content, third-party content, materials, products, services or linked services provided on or through the site, including without limitation, that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; that the site will be available at any particular time or location; that defects or errors in the service will be corrected; or that the content on the site is free of viruses or other harmful components. any information on the site is subject to change without notice, and we disclaim all responsibility for these changes. You expressly agree that your use of the site is at your sole risk.

To the maximum extent permitted by law, Tansmith disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

In no event will Tansmith, or any party involved in creating, producing, or delivering the website, be liable for any damages of any kind arising from the use of the site, including, but not limited to direct, indirect, incidental, exemplary, punitive, special and consequential damages or any damages of any type or nature arising out of your access, use, misuse, or inability to use the site or any linked sites or services; in the event a third party intercepts or decrypts any transmission of information that you provide to Tansmith through the site; or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure, whether in an action under contract, negligence, tort, strict liability, or any other theory, even if we have been previously advised of the possibility of such damages. certain states or jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

 
Applicable Law and Disputes:
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Colorado, without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Colorado. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to Tansmith or to products you purchase through Tansmith shall be submitted to confidential arbitration in the State of Colorado, United States of America, except that, to the extent you have in any manner violated or threatened to violate Tansmith intellectual property rights, Tansmith may seek injunctive or other appropriate relief in any state or federal court in State of Colorado, United States of America, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 
Indemnification:
You agree to defend, indemnify, and hold harmless Tansmith and its affiliates, successors and assigns, and its and their respective directors, officers, employees, agents, co-branders or other partners from and against any and all allegations, claims, demands, actions, causes of action, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by Tansmith arising out of or relating to your use of the website, your violation of this Agreement, or your violation of any rights of another.
 
Miscellaneous Legal Provisions:
We may discontinue the website at any time and for any reason, without notice. We may change the contents, operation, or any and all other features of the website at any time for any reason, without notice. We may discontinue or restrict your use of the website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tansmith as a result of this Agreement or your use of the website. Nothing contained in this Agreement is in derogation of Tansmith right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by Tansmith with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The failure of Tansmith to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

This Agreement is the entire and final Agreement regarding our website and its content, and supersedes any prior or contemporaneous communications between Tansmith and you regarding our website and its contents.


All rights not expressly granted herein are hereby reserved to Tansmith.

 
Contact us:
For issues or questions related to the website or these terms and conditions please contact Customer Care Department at 1-866-826-7648 or via email at customercare@tansmith.com. Representatives are available 9.00 am to 9.00 pm PST (Mon - Fri).








 
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