BY SING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD, ARE A RESIDENT OF THE UNITED STATES OR A BUSINESS ENTITY ORGANIZED UNDER UNITED STATES FEDERAL OR STATE STATUTE, AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW. Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.
Subject to Your compliance with the terms and conditions of this Agreement, tonerpink grants You a non-exclusive, non-sub licensable, revocable, non-transferable license to access and use the Website and Services. THE WEBSITE AND SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE., The Website, or any portion of the Website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of tonerpink. All rights not expressly granted hereunder are reserved by tonerpink. This Agreement grants You no rights in or to the intellectual property of tonerpink or any other party. Tonerpink retains ownership of the Website and Services and all right, title, and interest therein, including without limitation all intellectual property rights therein, and You acknowledge and agree that Your are acquiring only a limited right to use the Website and Services as licensed hereunder. The license granted in this section is conditioned on Your compliance with the terms and conditions of this Agreement. In the event that You breach any provision of this Agreement, Your rights under this section will immediately terminate.
- User Information/Password Protection
In connection with Your use of the Services, You may be required to complete a registration form. You represent and warrant that all information You provide on any registration form or otherwise in connection with Your use of the Website and Services will be complete and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your account.
You may also be asked to provide, or may be given, a user name and password in connection with certain of the Services. You are entirely responsible for maintaining the confidentiality of Your password. You may not use the account, user name, or password of someone else at any time. You agree to notify Tonerpink immediately of any unauthorized use of Your account, user name, or password. Tonerpink shall not be liable for any loss that You incur as a result of someone else using Your password, either with or without Your knowledge. You may be held liable for any losses incurred by Tonerpink, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of Your account or password. You must also promptly notify Tonerpink if any credit card that You have provide to us is lost, stolen, or used without permission.
- Third-Party Websites
The Website is linked with the websites of a number of third parties (“Third-Party Websites”), some of whom have established relationships with Tonerpink and some of whom do not. LD does not have control over the content and performance of Third-Party Websites. TONERPINK HAS NOT REVIEWED, AND CANNOT REVIEW OR CONTROL, ALL OF THE MATERIAL, INCLUDING COMPUTER SOFTWARE OR OTHER GOODS OR SERVICES, MADE AVAILABLE ON OR THROUGH THIRD-PARTY WEBSITES. ACCORDINGLY, LD DOES NOT REPRESENT, WARRANT OR ENDORSE ANY THIRD-PARTY WEBSITE, OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION, MATERIAL, GOODS OR SERVICES AVAILABLE THROUGH THIRD-PARTY WEBSITES. LD DISCLAIMS, AND YOU AGREE TO ASSUME, ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM YOUR USE OF THIRD-PARTY WEBSITES.
- Product Descriptions
Tonerpink attempts to be as accurate as possible in its product, pricing, and rebate information; however, Tonerpink cannot guarantee that product descriptions and/or specifications, pricing or any other content on the Website are accurate, complete, reliable, current or error-free. In the event that information is incorrect due to typographical, informational, technical or other errors, Tonerpink will not be liable for any loss or discrepancy with accurate data. If a product offered on the Website is not as described, or does not meet your expectations, Your sole remedy is to return the product in accordance with Tonerpink Return Policy.
- Product Pricing
Except as otherwise noted, the price displayed for products on the Website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Tonerpink cannot confirm the price of an item until You place an order; however, Tonerpink does not charge Your credit card, debit card or PayPal account until after your order has entered the shipping process. Despite Tonerpink best efforts, a small number of items on the Website may be mispriced. If an item’s correct price is higher than the stated the price, Tonerpink will, at Tonerpink sole discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
- Payment Methods
Tonerpink, Inc. accepts credit cards, debit cards, PayPal, personal checks, money orders and cash. Tonerpink may obtain pre-approval from the credit card/debit card company or from PayPal (as the case may be) for an amount up to the amount of the order. Billing to Your credit card, debit card or PayPal account occurs at the point of shipping or shortly thereafter. Tonerpink accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Tonerpink accepts debit cards with Visa or MasterCard logos.
- Sales and Use Tax
Local sales or use tax may apply to your order depending on the order’s “ship to” address. Your order may be subject to sales and/or use tax as identified below.*
Orders with a shipping address located within the State of California are subject to California State sales tax of 6.5% and any local sales taxes applicable to the “ship-to” address.
All orders placed on the Website are subject to product availability and will be shipped according to Tonerpink shipping policies. Please review the Shipping Information page on the Website for additional information on shipping times, rates and policies. In the rare event that Your order never arrives, notification of lost items must be received within 60 days from receipt of the shipping confirmation e-mail.
- Return Policy
All sales made through the Website are subject to Tonerpink, Inc. return policies. For a complete explanation of the return policies, please review the Return Policy page on the Website.
14. Consent to Receive Email
By establishing an account with Tonerpink, You consent to receive periodic email communications from Tonerpink concerning Tonerpink products and services, including without limitation, order confirmations, updated product information, special deals, and inquiries regarding the quality of our service.
TONERPINK imposes certain restrictions on Your use of the Website and the Services. You represent and warrant that You will not, without limitation: (a) violate or attempt to violate any security features of the Website or Services; (b) copy or otherwise duplicate, directly or indirectly, any portion of the Website, including without limitation, all product listings, prices or descriptions, designs, information, photographs, images, drawings, videos, music, text, typefaces, graphics, code, and other files, and the selection, arrangement and organization thereof (collectively, “TONERPINK Content”); (c) use any software that enables copying or duplication of the TONERPINK Content for later off-line viewing; (d) distribute, display, modify, transmit, resell, reuse, or repost the TONERPINK in any electronic form, including any online service, the Internet or any other telecommunications medium which now exists or shall exist in the future, for any purpose, without the prior written permission of TONERPINK; (e) provide false, misleading or inaccurate information to TONERPINK; (f) impersonate, or otherwise misrepresent affiliation, connection or association with, any person or entity; (g) harvest or otherwise collect information about TONERPINK users, including email addresses and phone numbers; (h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on third-party websites; (i) access content or data not intended for You, or log onto a server or account that You are not authorized to access; (j) attempt to probe, scan, or test the vulnerability of the Services, the Website, or any associated system or network, or breach security or authentication measures without proper authorization; (k) interfere or attempt to interfere with the use of the Website or Services by any other user, host or network, including, without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; (l) use the Website or Services to send unsolicited e-mail, including without limitation, email promotions or advertisements for products or services; (m) forge any TCP/IP packet header or any part of the header information in any e-mail or in any uploading or posting to, or transmission, display, performance or distribution by means of, the Website or Services; or (n) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used in providing the Website or Services. Any violation of this section may subject You to civil and/or criminal liability.
(b) Copyrighted Materials; Copyright Notice. The Tonerpink Content and other materials available through the Website and Services are either owned by Tonerpink, Inc. or are the property Tonerpink Inc.’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2002 to the present, Tonerpink, Inc. ALL RIGHTS RESERVED.