The following terms and conditions contain the complete "Agreement" that apply to the client in buying and all other activities in which the client will be engaged in Tails-To-Tell.com, henceforth known as "the site" or "the site's". By using or shopping from the site, the client, henceforth known as "you" or "your", agrees to be bound by the site's terms of use and shall comply theretofore. This "Agreement" describes and encompasses the entire contract between Tails To Tell, henceforth known as "us","we" or "our", and you. This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the site, the content, computer programs provided by or through the site, and the subject matter of this Agreement. Amendments to this Agreement can be made and effected by us from time to time without specific notice to you. The terms and conditions posted on the site reflect the latest Agreement and you should carefully review the same before you use the site.
The site allows you to shop online. However, you are prohibited to do the following acts,
to wit:
(a) Use the site, including its services and/or tools if you are not
able to form legally binding contracts where you are disavowed of liabilities,
are under the age of 18, or are temporarily or indefinitely suspended from using the site's services or tools.
For you to request information about our services or the site, you must provide your full legal name, current address, a valid
email address and/or phone number, and any other information required. You must not transmit any worms, adware, malware,
rootkits, viruses or any code of a destructive or disruptive nature. We do not use cookies in the operation of the site.
We have the discretion to provide the terms of payment. Unless otherwise agreed in writing from us, 25% non-refundable payment must first be received by Kenneth Mann prior to the acceptance of an order. Unless a credit term has been agreed upon, payment for the product(s) shall be made by Paypal, cash or United States Postal Money Order. Money orders will be made payable to Kenneth Mann. Paypal payments can be made via our Paypal link on the site. Address information will be made available on the invoice. Balances are due and payable within the time period noted on your invoice which is measured from the date of the invoice. An order may be invoiced separately. We have all discretion to cancel or deny any or all orders. We are not responsible for pricing, typographical or other errors in any offer by us and reserve the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all consumer orders, we reserve the right at our discretion to charge you a late penalty charge of 1.5% per month applied against undisputed overdue amounts or the maximum rate permitted by law. Every 30 days thereafter, you will continue to be charged an additional late penalty charge of 1.5% compounded every 30 days.
We do not have to provide a refund if you have changed your mind about a purchase, so please consider your purchase carefully. If the goods are "faulty", we will meet our obligations under applicable laws, but all goods in question must be returned to us before any settlement is honored. We understand there may exist from time to time extenuating circumstances, so we will work with you to both our and your satisfation.
All items purchased from us are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier. Carrier delays or mishandlings resulting in late or damaged shipments is not the responsibilty of us.
The listed price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current,
or error-free.
We may edit, delete or modify any of the terms and conditions contained in this Agreement at any time and at our discretion by posting a notice or a new agreement on the site. Your continued participation on the site following our posting of a change notice or new Agreement on the site will constitute a binding acceptance of the Agreement.
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that you will not acquire any right, title, or interest in or to this Agreement except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the contract or proprietary information related thereof.
Fraudulent Activities are monitored on the site and if fraud is detected from your activities we shall hold you responsible for all costs and legal fees arising from these fraudulent activities.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in
connection with this Agreement, even if we have been advised of the possibility of such damages. Further, our
aggregate liability arising with respect to this Agreement will not exceed the total price of the
subject products paid.
We make no express or implied warranties or representations with respect to the Agreement or any products sold and offered in
the site (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties
arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of
the site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis.
You understand and agree that your use of this site is at your own risk.
You agree not to disclose information you obtain from us and/or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant this Agreement is proprietary information of us. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of us to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be
deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any
subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in
full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of
the same or any other provision.
This Agreement shall be governed by and construed in accordance with the substantive laws of New York without any reference
to conflict-of-laws principles.
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this
Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of New York to the exclusion of any other
courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other
agreement relative heretofore shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody and any such attempt may result in termination
of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree
or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms
and Conditions shall remain valid and enforceable according to its terms.
All photographs, renderings, illustrations, drawings and paintings are copyrighted ©2017 Kenneth Mann - All Rights Reserved.
Unauthorized use and or duplication of the site's material without express written permission from Kenneth Mann is strictly prohibited.
Excerpts and links may be used provided that full and clear credit is given to Kenneth Mann and Tails To Tell with appropriate and specific direction to the original content.
Tails To Tell is not affliated with any other organization, corporation and/or society by the same name known or unknown.