Who we are
Too Cool Apparel
A subsidiary of LMS Solutions Inc
156 W Ridge Pike, Bldg 2
Royersford, PA 19468
Stuff Our Lawyers Told Us We Need To Say
These Terms of Use (“Terms”) explain terms applicable to your use of the Too Cool Apparel, Inc. website tallgraphictess.com (“Site”). If you do not accept these Terms, you are not authorized to use the Site. We reserve the right to change these Terms from time to time, and your continued use of this Site constitutes your acceptance of and agreement with any such changes.
Copyright and Trademark Information
The tallgraphictees.com web site, and the information which it contains, is the property of Too Cool Apparel, Inc. and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “Too Cool Apparel” and the Too Cool Apparel logo are registered trademarks of Too Cool Apparel, Inc., a subsidiary of LMS Solutions, Inc., under the applicable laws of the United States and/or other countries. Other Too Cool Apparel product or service names or logos appearing in this web site are either trademarks or registered trademarks of Too Cool Apparel, Inc., and/or its affiliates. The absence of a product or service name or logo from this list does not constitute a waiver of Too Cool Apparel, Inc.’s trademark or other intellectual property rights concerning that name or logo.
Information Posted on the Site
Except for information maintained as private in accordance with our Privacy Policy, information posted or submitted to or via our Site is public. You are solely responsible for information or material which you post on or provide to our Site, including but not limited to any posting or listing in any public message area or through any e-mail, subscription, uploading or linking feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright, trademark and publicity rights with respect to this information (including, without limitation, any ideas, feedback, suggestions, testimonials or otherwise). We reserve the right to take any action with respect to information posted on our Site which we believe is appropriate in our sole discretion including but not limited to, removal of such information and/or termination of your rights of use, however we do not control the information provided by users or other content providers which is made available via our Site. Information you post may be changed, updated or removed without notice. We do not endorse, nor are we liable for, any information posted by third parties on the Site.
Comments
When visitors and/or customers leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment
Cookies
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
Prohibited Activities
You may not use any device, software or routine intended to damage or interfere with the proper working of the Site or to intercept or expropriate any system, data or personal information from the Site.
Third Party Links and Content
The Site may contain information or other functionality provided by various third party providers. The Site may also contain links to third-party websites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked Site or any link contained in a linked site. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.
Privacy
You agree to be bound by the terms of our Privacy Policy which is posted on the Site and incorporated herein by reference. We cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Ownership
The Site and all intellectual property rights included in or related to the Site (including but not limited to any product images, information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors). You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.
Termination of Access
We have the right to terminate your use of and/or access to the Site at our discretion.
Products and Pricing
All features, specifications and prices of products described on the Site are subject to change at any time without prior notice. We try to accurately display our products, including the applicable colors; however, we cannot guarantee that your computer or device will accurately display such colors. Further, we attempt to provide up to date information regarding the availability of our products and the applicable pricing. Despite these efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. For example, certain products may be unavailable, may have different attributes than those listed, or have a different price than stated on the Site. In addition, we may make changes in information about price and availability without notice. In the event of a pricing error on the Site, we reserve the right to cancel any orders resulting from such pricing errors. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
No Warranty
EXCEPT AS EXPRESSLY SET FORTH IN OUR RETURN POLICY, WE PROVIDE THE SITE, THE PRODUCTS, AND ANY INFORMATION AND CONTENT CONTAINED IN OR PROVIDED VIA THE SITE, “AS IS”, WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS OR INFORMATION VIA THE SITE, COMPLETENESS OR ACCURACY OF INFORMATION, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
Limitation of Liability
We shall have no liability, whatsoever, for the unavailability of the Site. We shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site, or for inaccurate information provided by a third party or failure to update information provided via the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL TOO COOL APPAREL’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO TOO COOL APPAREL BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY, OR $50. The limitations of liability provided in these Terms inure to the benefit of Too Cool Apparel, Inc, and its affiliates and their respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms, in which case they are not applicable to you.
Governing Law and Jurisdiction
The Site is managed and controlled by us from our corporate office in Pennsylvania, USA. It can be accessed from the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing the Site, you agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any claim brought by you against us arising out of or relating to these Terms, the Privacy Policy or the Site shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Montgomery County, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
State-specific Legal Notices
Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Too Cool Apparel, Inc. located at 156 W Ridge Pike, Bldg 2, Royersford, PA 19468 is the provider of the electronic commercial service on this Site. Users will be notified in advance if there will be a charge for any product. Please see our Return Policy for information regarding returns. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
DMCA–Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by e-mail to support@toocoolapparel.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; 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. Please note that the contact information provided in this paragraph is for suspected copyright infringement only.