Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that
access to and use of this site are subject to the following terms and
conditions and other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States
and other copyright laws, and is the property of Thousand Mile. Permission is
granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with Thousand Mile. You may display and,
subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the
different areas of the site solely for your own non-commercial use, or to place
an order with Thousand Mile or to purchase Thousand Mile products. Any other
use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by Thousand Mile. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Thousand Mile used in the site
are trademarks or registered trademarks of Thousand Mile.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Thousand Mile disclaims
all warranties, express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and non-infringement.
Thousand Mile does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects will be corrected,
or that this site or the server that makes the site available are free of
viruses or other harmful components. Thousand Mile does not make any warrantees
or representations regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on warranties,
so the above limitations may not apply to you.
Limitation of Liability
Thousand Mile shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this site or
the performance of the products, even if Thousand Mile has been advised of the
possibility of such damages. Applicable law may not allow the limitation of exclusion
of liability or incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Typographical Errors
In the event that a Index Thousand Mile product is mistakenly listed at an
incorrect price, Thousand Mile reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Thousand Mile reserves
the right to refuse or cancel any such orders whether or not the order has been
confirmed and your credit card charged. If your credit card has already been
charged for the purchase and your order is cancelled, Thousand Mile shall issue
a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Thousand Mile without
notice at any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Thousand Mile may deliver notice to you by means of e-mail, a general notice on
the site, or by other reliable method to the address you have provided to
Thousand Mile.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of California, U.S.A., without regard to choice of
law provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue in any
legal proceeding directly or indirectly arising out of or relating to this site
(including but not limited to the purchase of Thousand Mile products) shall be
in the state or federal courts located in San Diego County, California. Any
cause of action or claim you may have with respect to the site (including but
not limited to the purchase of Thousand Mile products) must be commenced within
one (1) year after the claim or cause of action arises. Thousand Mile’s failure
to insist upon or enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act
to modify any of these terms and conditions. Thousand Mile may assign its
rights and duties under this Agreement to any party at any time without notice
to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a Thousand Mile or other licensed employee, host, or
representative, as well as other members or visitors on the site is prohibited.
You may not upload to, distribute, or otherwise publish through the site any
content which is libelous, defamatory, obscene, threatening, invasive of
privacy or publicity rights, abusive, illegal, or otherwise objectionable which
may constitute or encourage a criminal offense, violate the rights of any party
or which may otherwise give rise to liability or violate any law. You may not
upload commercial content on the site or use the site to solicit others to join
or become members of any other commercial online service or other organization.
Participation Disclaimer
Thousand Mile does not and cannot review all communications and materials
posted to or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You acknowledge
that by providing you with the ability to view and distribute user-generated
content on the site, Thousand Mile is merely acting as a passive conduit for
such distribution and is not undertaking any obligation or liability relating
to any contents or activities on the site. However, Thousand Mile reserves the
right to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading,
(c) in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Thousand Mile in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Thousand Mile, its officers,
directors, employees, agents, licensors and suppliers (collectively the
"Service Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Thousand Mile may
link to sites operated by third parties. However, even if the third party is
affiliated with Thousand Mile, Thousand Mile has no control over these linked
sites, all of which have separate privacy and data collection practices,
independent of Thousand Mile. These linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Thousand Mile
seeks to protect the integrity of its web site and the links placed upon it and
therefore requests any feedback on not only its own site, but for sites it links
to as well (including if a specific link does not work).
