TOMOMAGS.COM TERMS & CONDITIONS
Last updated November 16, 2024
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR ACCESSING THIS SITE. TOMO Mags ("TOMO Mags," “we,” “us,” or “our”) maintains this website (the “Site”) as a service to TOMO Mags’s customers, and by using the Site you are agreeing to comply with and be bound by the following terms and conditions of use (this “Agreement”). Please review the following terms and conditions carefully and check them periodically for changes. THESE TERMS AND CONDITIONS OF USE CONTAIN A BINDING ARBITRATION CLAUSE, A WAIVER OF JURY TRIAL, AND A CLASS ACTION WAIVER (See Section 28 below). If you do not agree to the terms and conditions, you should not review information or obtain goods, services or products from the Site.
ENTIRE AGREEMENT. This Agreement and all TOMO Mags policies referenced herein, constitute the entire and only agreement between TOMO Mags and you and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Site, the content, products, or services provided by or through the Site, and the subject matter of this Agreement. Any terms and conditions that you include in any purchase order, confirmation of order, or other document are expressly excluded. Any variation of the terms and conditions in this Agreement will be binding on TOMO Mags only if agreed in writing by you and an authorized representative of TOMO Mags. This Agreement may be amended by TOMO Mags at any time and from time to time without specific notice to you. The latest version of this Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
USE OF THE SITE. By accessing the Site and/or ordering any product., you are agreeing to not use TOMO Mags’ services or the Site to create any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another person’s privacy, hateful or racially, ethnically, or otherwise objectionable, or that infringes on any patent, trade mark, trade secret, copyright or other proprietary rights of any third party.
VERIFYING YOUR ADDRESS. TOMO Mags reserves the right to contact you via email to verify the accuracy of account information (including your correct name and address) that is needed to provide you with the information requested from TOMO Mags.
FRAUD. By creating an account, you confirm that the information provided is true and that you agree to abide by this Agreement. Please note that your account can be cancelled without notice if it is determined that false or misleading information has been provided, this Agreement has been violated, or other abuses have occurred as determined by TOMO Mags in its sole discretion.
COPYRIGHTS AND TRADEMARKS. The content, organization, graphics, design, compilation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use, or publication by you of any such matters or any part of the Site, except as allowed by Section 7, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. By posting information or materials on the Site, TOMO mags do not waive the right to such information and materials.
ERRORS, INACCURACIES, AND OMMISSIONS. Everyone makes mistakes sometimes. We are no different than any of you. In the event of an error (technical, typographical, or photographic), we do not warrant that any of the materials (in reference to specifications, pricing, or any other content) on the Site are accurate. complete. or current. In the event of any errors relating to the pricing or specifications of any product, TOMO Mags holds the right to refuse or cancel any orders at our sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your acount in the amount of the charge. TOMO Mags may make changes to the materials contained on the Site at any time without notice. TOMO Mags does not, however, make any commitment to update the materials.
LIMITED RIGHT TO USE. The viewing, printing, or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). You agree not to download, display or use any TOMO Mags content located on the Site for use in any publications, on websites other than the Site for any commercial purpose, in connection with products or services that are not those of TOMO Mags, in any other manner that is likely to cause confusion among consumers, that disparages or discreates TOMO Mags and/or its licensors, that dilutes the strength of TOMO Mags, or that otherwise infringes TOMO Mags’s intellectual property rights.
PRIVACY POLICY AND USE OF INFORMATION. Visit Privacy Policy, as it may change from time to time, and is a part of this Agreement. On certain areas of the Site, you may be given the ability to provide us with personal information, directly or through automated means. TOMO Mags reserves the right, and you authorize TOMO Mags, to collect, use, and disclose your personal information regarding use of the Site by you and all information provided by you in any manner consistent with TOMO Mags Privacy Policy (including and except for activities for which we first require your explicit consent to be given through other means). Please read our Privacy Policy for more information about our collection, use and disclosure practices. The Privacy Policy also provides separate options for individuals to lodge complaints in relation to the Privacy Policy and your personal information.
CREDIT CARD PAYMENTS. You represent and warrant that if you are purchasing something from TOMO Mags with a credit card that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. TOMO Mags does not accept reseller or sales and use tax exemption certificates for online sales. Payment is required in full upfront before an order for custom products will move into production. We reserve the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) limit quantities on orders placed by the same account, on orders place by the same credit card, and on orders that use the same billing or shipping address; (iii) limit or prohibit orders that, in TOMO Mags’s sole judgment, appear to be placed by dealers, resellers or distributors; (iv) impose conditions on the honoring of any promotional code, or other similar promotion; (v) bar any user from making or completing any or all transaction(s); and (vi) refuse to provide any user with any product. Resellers are defined as a company or an individual that purchases product with the intention of selling them rather than using them.
TITLE AND LOSS. Title to and risk of loss of product passes to you upon delivery of the ordered items to the carrier. Delivery lead times vary. Please note all delivery dates are estimates and are not a guarantee that the product will be delivered on the specified date. TOMO Mags will not be liable for any loss or expenses which you may incur as a result of any delay in the delivery of your order. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
LINKS TO OTHER WEBSITES. The Site contains links to other websites. TOMO Mags is not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by TOMO Mags. Inclusion of any linked website on this Site does not imply approval or endorsement of the linked website by TOMO Mags. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
SUBMISSIONS. All suggestions, ideas, notes, concepts, content, artwork, product reviews and other information you may from time to time send to TOMO Mags (collectively, “Submissions”) shall be deemed and shall remain TOMO Mags’s sole property and shall not be subject to any obligation of confidence on TOMO Mags’s part. Without limiting the foregoing, TOMO Mags shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
USER CONTENT LICENSE. When posting to TOMO MAGS product comments or social networking service, whatever you share is visible to other users and can be read, collected or used by other visitors to the Site. TOMO Mags is not responsible for the misuse of any personal information that a person submits freely on our website through the use of product comments or social networking services. You are responsible for the personal information you choose to submit in these instances. For example, if you list your name and email address in a product comment, that information is public and TOMO Mags is not responsible for the misuse of that information in any circumstance.
RETURN POLICY. TOMO Mags return policy is a part of this Agreement. TOMO Mags does not accept returns of magazines and books. Apparel, accessories, and supplies must be intact, unopened, in new condition. You are responsible for inspecting products promptly upon delivery.
ORDER MODIFICATION/REJECTION. TOMO Mags reserves the right to reject or modify any order, whether or not such order has been confirmed and/or your credit card has already been charged and any portion of your order is rejected, TOMO Mags will issue a credit to your credit card for the amount rejected.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL TOMO Mags OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TOMO Mags'S SERVICES AND PRODUCTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TOMO Mags HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
DISCLAIMER. TOMO Mags makes no representations about the reliability of the features of the Site, the TOMO Mags content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. The Site is controlled, operated and administered by TOMO Mags from within the United States. TOMO Mags makes no representation or warranty that the content available on the Site is appropriate or available for use at other locations outside of the United States. THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE SITE OR ANY INFORMATION OR SOFTWARE THEREIN.
PROMOTIONS AND PROMOTIONAL COMMUNICATIONS. On the Site, you may be able to participate in or sign up for surveys, sweepstakes, contests and other promotions (collectively “Promotions”). If you choose to participate in these Promotions, we may ask you for information such as your name, email address, postal address, telephone number, and birth date. We use the information you provide to us in accordance with our Privacy Policy. The Promotions may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms.
INDEMNITY. You agree to defend, indemnify, and hold TOMO Mags and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in this Agreement, or (e) your violation of any rights of a third party, including intellectual property rights.
NOTICES AND ELECTRONIC COMMUNICATIONS. Except as explicitly stated otherwise, any notices you send to TOMO Mags shall be sent by mail to TOMO Mags, Address Pending. In the case of notices TOMO Mags sends to you, you consent to receive notices and other communications by TOMO Mags posting notices on the Site, sending you an email at the email address listed in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures and other communications that TOMO Mags provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA RESIDENTS. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us. You may also contact us by writing to TOMO Mags, ADDRESS PENDING. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
APPLICABLE LAW AND VENUE. To the extent permitted by law, this Agreement shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Texas, U.S.A., without regard to its choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods.
To the extent permitted by law, the state and federal courts located in Austin, Texas, shall have exclusive jurisdiction over any action or proceedings between you and TOMO Mags that are not subject to arbitration or that may be brought in small claims court and over any action seeking interim or preliminary relief. Each of you and TOMO Mags (i) voluntarily and irrevocably consents and (without waiving service of process) submits to personal jurisdiction and venue of the courts located in Austin, Texas, that have subject matter jurisdiction, and (ii) waives all objections to venue and any claim that you or it is not personally subject to such jurisdiction or to seek a change of venue, and agrees not to bring any such action or proceeding in any other form.
MANDATORY PRE-DISPUTE RESOLUTION PROCESS. To the maximum extent permitted by law, you and TOMO Mags waive the right to bring any claim directly or indirectly arising out of or relating to the Agreement (including all sections of this Agreement) or the Site (including the purchase of TOMO Mags products via TOMOMags.com) in any forum unless the party bringing the claim provides the other party with written notice of the dispute within one (1) year of its occurrence by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail. TOMO Mags’s address for notice is: Attn: Legal Department – Notice of Dispute, TOMO Mags, ADDRESS TBD. The written notice (“Notice of Dispute”) must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought.
(b) The Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or by a TOMO Mags representative (if we are initiating the Notice of Dispute). TOMO Mags must send any such Notice of Dispute to you at the email address that TOMO Mags has on file for you.
(c) TOMO Mags and you will attempt to resolve the dispute through reasonable, good-faith consultation, cooperation, and good-faith negotiation within sixty (60) days from the date that the Notice of Dispute is received (or a longer period, if agreed to by the parties). Neither you nor TOMO Mags may initiate an arbitration or small claims proceeding before the conclusion of the sixty-day period from the time the Notice of Dispute is received, or otherwise absent full compliance with the process described in this Section [##] (collectively, the “Mandatory Pre-dispute Resolution Process”). You agree that you or TOMO Mags may seek any interim or preliminary relief from a court of competent jurisdiction in Austin, Texas, as necessary to protect their rights pending completion of the Mandatory Pre-Dispute Resolution Process.
(d) If the sufficiency of a Notice of Dispute or compliance with this Mandatory Pre-dispute Resolution Process is at issue, it may be decided by a court of competent jurisdiction in Austin, Texas, at either party’s election, and any formal dispute resolution proceeding will be stayed. Such court has the authority to enforce this condition precedent to an arbitration proceeding, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Notwithstanding the foregoing, either party retains the right to raise non-compliance with this condition precedent and seek related damages in arbitration. Any applicable limitations period (including statutes of limitations) and any filing fee deadlines will be tolled while you and TOMO Mags engage in the Mandatory Pre-dispute Resolution Process.
CLASS ACTION WAIVER. ANY PROCEEDINGS TO RESOLVE, ARBITRATE, OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR YETI WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
SMALL CLAIMS COURT. Any dispute directly or indirectly arising out of or relating to the Agreement or the Site (including the purchase of TOMO Mags products via tomomags.com) that falls within the jurisdictional scope and limits of the small claims court where you reside may be brought in that court on an individual basis. Such disputes must remain in small claims court and may not be removed or appealed to a court of general jurisdiction.
The party initiating the small claims court proceeding shall submit a certification of compliance with the Mandatory Pre-Dispute Resolution Process set forth in Section 27 to that court. The certification shall be personally signed by that party (and counsel, if represented).ACCOUNT. Certain areas of the Site require registration or otherwise ask you to provide information to register and participate in certain features or access certain content (“Account”). If you elect not to provide such information, you may not create an Account or be able to access certain content or participate in certain features of the Site.
ELIGIBILITY. To be eligible to create an Account, you must be at least 18 years old and a legal resident of the United States of America. By enrolling and creating an Account, you confirm that you meet these eligibility requirements.
CREATING AN ACCOUNT. If you meet the eligibility criteria above, you can create an Account by clicking the account button on the top right of the Site and filling out the registration form. No purchase of any products is required to create an Account. Only one account is allowed per individual. If you create an Account, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password.
USE OF ACCOUNT. You are responsible for maintaining the confidentiality of your password and Account and for any and all activities that occur under your password or Account. Your Account is for your personal use only. You must not share your Account identification and/or password or in any way make them accessible to others. You agree to notify TOMO Mags immediately of any unauthorized use of your Account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Account. TOMO Mags is not liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge, and is not responsible for any delay in shutting down your Account after you have reported a breach of security to us.
You agree that you shall not:access, use, reproduce, modify, download, sell, transfer, publish or otherwise make available your Account for any commercial purposes;
do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Site or Account;
abuse your Account or use it for any unlawful or unauthorized purpose (which includes transmitting any computer viruses through your Account or using your Account in a manner which is discriminatory, offensive, abusive, malicious, defamatory, or other violates or infringes the rights of anyone else); and
transfer, sale, or barter (or attempt to transfer, sale, or barter) any of your rewards or member-exclusive promotional offers.