Conditions of Use

Introduction

Welcome to Teapet.com. This Site is provided by The Teachers Pet, Inc. as a service to our customers. Please review the following basic rules that govern your use of the Teapet.com site. (the "Agreement"). Please note that your use of the Teapet.com site constitutes your unconditional agreement to follow and be bound by these Conditions of Use. Teapet.com reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use this Site. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms of Use.

Use of this Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information may constitute a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.

The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that comprise the contents of this Site are intended solely for personal, non-commercial use. You may not download or copy the Contents displayed on the Site, but may print pages for your personal use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way any of the Contents, in whole or in part, of the Site or any related software. All software used on this Site is the property of Teapet.com or its suppliers and is protected by U.S. and international copyright laws. Teapet.com is a trademark of The Teachers Pet, Inc.

Objectionable Material. You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that Teapet.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable.

Disclaimer

This site is provided by teapet.com on an "as is" and "as available" basis. You acknowledge, by your use of the teapet.com web site, that your use of the site is at your sole risk. Teapet.com makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, teapet.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. without limiting the foregoing, teapet.com disclaims any and all warranties, express or implied, for any merchandise offered on this site. this disclaimer does not apply to any product warranty offered by the manufacturer of the item. This disclaimer constitutes an integral part of this agreement. Some states do not allow limitations on how long an implied warranty lasts, so the foregoing limitations may not apply to you.

Site Security

Violations of system or network security may result in civil or criminal liability. Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

  • logging onto a server or an account which the user is not authorized to access or accessing data not intended for that user;
  • breaching security or authentication measures without proper authentication, or probing, scanning or testing the vulnerability of a system or network;
  • attempting to interfere with service provide by the site to any user, host or network by using techniques such as, without limitation, "flooding," "crashing," or submitting a virus to the Site;
  • forging any element of the TCP/IP packet header or any part of the header information contained in Teapet.com email or newsgroup postings, and/or sending unsolicited email, including promotions and/or advertising of products or services attributed to Teapet.com.
Teapet.com will vigorously investigate occurrences that may involve such violations and will cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to interfere or attempt to interfere with the proper working of this Site, or any activity being conducted on this Site. You further agree to utilize only the search capabilities available at Teapet.com and will not use or attempt to use other agents, tools, engines, robots, spiders or other software to navigate or search this Site.

Order Acceptance

We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Please note that there may be certain orders that we are unable to accept and must cancel. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Some situations that may result in your order being canceled include problems identified by our credit and fraud avoidance department, errors or inaccuracies in product descriptions or pricing, or limitations on quantities available for purchase. We may also require verification or addition information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

Pricing Information

Although Teapet.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Teapet.com cannot confirm the price of an item until after your order is placed. In the event that an item is listed with incorrect information due to an error in pricing or product information, Teapet.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Teapet.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Quantity Limits & Dealer Sales

Teapet.com reserves the right, at our sole discretion, to prohibit sales to dealer. We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same Teapet.com account, the same credit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied.

Copyrights and Trademarks

Unless otherwise noted, all Contents are copyrights, trademarks, and/or other intellectual property owned, controlled or licensed by Teapet.com and are protected by U.S. and international copyright laws. The Site is the exclusive property of Teapet.com and is also protected by U.S. and international copyright laws. Teapet.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Teapet.com's or any third party's intellectual property rights.

The Teapet.com names and Teacher's Pet logos are the trademarks or service marks of The Teacher's Pet, Inc. All other marks are the property of their respective companies.. Access to this Site does not authorize anyone to use any name, logo or mark in any manner and no trademark or service mark license is granted in connection with the materials contained on this Site

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Teapet.com's endorsement, sponsorship or recommendation of the third party, information, product or service. Teapet.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Colors

We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Indemnification

You agree to defend, indemnify and hold harmless Teapet.com and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.

Termination

These Terms of Use are effective unless and until terminated by either you or Teapet.com. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. Teapet.com also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Teapet.com's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Teapet.com, you must promptly destroy any materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Teapet.com's right to any Comments shall survive any termination of this Agreement.

Limitation of Liability

Under no circumstances whether in tort, contract, strict liability or otherwise, shall Teapet.com or any of its affiliates, employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Teapet.com web site. Such circumstances may include, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of Teapet.com has been advised of or should have known of the possibility of such damages. Teapet.com will in no event be liable for any damages in excess of the fees paid by you in connection with your use of the site during the 90 day period preceding the date on which the claim arose.

General

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. The failure of Teapet.com to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Teapet.com's rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Massachusetts law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of Massachusetts and you consent to the exclusive personal jurisdiction of such courts.

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