Welcome to the WalkieTalkieTees.com (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"). If you visit or shop at the Site, you accept these conditions. 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 this website. If you do not agree to these terms, please do not use the Site.
Please review our Privacy Policy, which also governs your visit to WalkieTalkieTees.com, to understand our practices.
All of the Content you see on the Site, including, for example, all of the tee designs, images, graphics, photographs, and text, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by Walkie Talkie and protected by United States and international copyright laws.
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.
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.
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Walkie Talkie shall be and remain the exclusive property of Walkie Talkie. Your submission of any such Comments shall constitute an assignment to Walkie Talkie of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Walkie Talkie 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 that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Visitors may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Walkie Talkie reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
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 Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Walkie Talkie or third parties as to the origin of any Comments. You are solely responsible for any Comments you make. Walkie Talkie takes no responsibility and assumes no liability for any Comments posted by you or any third party.
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor's display of any color will be accurate.
All items purchased from WalkieTalkieTees.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
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).
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 or non-infringement of intellectual property. Walkie Talkie expressly disclaims any duty to update or revise the materials on the Site, although Walkie Talkie 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. Walkie Talkie shall not be liable for any damages of any kind related to your use of the Site.
You agree to defend, indemnify and hold Walkie Talkie 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.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Walkie Talkie agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by email) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Both you and Walkie Talkie agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
These terms are effective unless and until terminated by either you or Walkie Talkie. You may terminate this Agreement at any time. Walkie Talkie 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.
UNDER NO CIRCUMSTANCES, SHALL THE WALKIE TALKIE BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY WALKIE TALKIE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE TARGET CORPORATION BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
BY ACCESSING AND USING THE WALKIETALKIETEES.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF VIRGINIA, UNITED STATES OF AMERICA.
Last updated August 2008.