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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This website is operated by T3 Micro, Inc. Throughout the website, the terms “we”, “us” and “our” refer to T3 Micro, Inc. By creating an account and using this website, you agree to be bound by the following Terms & Conditions which may affect your rights.
SECTION 1 - ACCEPTANCE OF TERMS & CONDITIONS
Your use of T3micro.com and your overall communications with us are expressly conditioned on your acceptance without modification of these Terms & Conditions. By using T3micro.com and/or communicating with us or purchasing something from us (collectively, our “Services”), you signify your acceptance of these Terms & Conditions, as the same may be amended from time to time, including those additional Terms & Conditions and policies referenced herein and/or available by hyperlink (together, the “Terms and Conditions” or “Terms”).
T3 reserves the right to modify these Terms & Conditions at any time without prior notice. If you do not agree to these Terms, you may not use this website.
This website and our online store are not intended by use for those persons under the age of majority in your jurisdiction. By agreeing to these Terms & Conditions, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given us your consent to allow any minors in your care to use this website.
SECTION 2 - TERMS OF PURCHASE Certain products or services may be available exclusively online through the website. All products or services may have limited quantities and are subject to return or exchange only according to our Refund/Returns Policy.
Our sales on this website are limited to the United States. We reserve the right to refuse any order placed with us and, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. We may exercise these rights on a case-by-case basis.
Occasionally there may be information on our website or in printed material distributed by us that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any such information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 3 - PROHIBITED USE
Neither the T3micro.com website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of T3, except that you may download, display and print the content presented on t3micro.com for your private personal, non-commercial use only. Unauthorized use of T3Mirco.com and/or the content contained on T3Mirco.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this website. The use of such content on any other website or in any environment of networked computers is prohibited.
Any use of this website for an illegal or objectionable purpose is strictly prohibited. You agree that you will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this website, you agree that any and all information transmitted to or with the use of this website cannot and shall not be deemed confidential or proprietary. We reserve the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. T3 Micro, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and or any other action we determine to be appropriate under the circumstances. In its sole discretion, in addition to any other rights or remedies available to T3 Micro and without any liability whatsoever, T3 Micro at any time and without notice may terminate or restrict your access to any component of T3Mirco.com.
We do not guarantee, represent or warrant that your ability to use of our website will be continued, uninterrupted, timely, secure or error-free.
USER NAME AND PASSWORD
Your T3Mirco.com website account may be accessed only by use of your login name and password. You are solely responsible for the truth and accuracy of any input and shall be solely liable for any use or misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized T3 Micro representative. T3 Micro recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session. You must immediately notify T3 Micro of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of T3 Micro, and may be cancelled or suspended at any time by T3 Micro without any notice or liability to you or any other person. T3 Micro is not under any obligation to verify the actual identity or authority of the user of any login name or password.
SECTION 4 - PRIVACY
SECTION 5 - MODIFICATIONS
T3 Micro attempts to be as accurate as possible, but this website may contain typographical errors or technical inaccuracies. T3 Micro reserves the right to modify the content of this website at any time without prior notice, including prices for our products (including corrections to erroneous pricing discovered after an order is placed). We reserve the right at any time to modify or discontinue any Products or Service (or any part or content thereof) without notice at any time. T3 Micro reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if T3 Micro believes that customer conduct violates these Terms & Conditions, applicable law or is harmful to the interests of T3 Micro or any third parties.
SECTION 6 - OWNERSHIP
The T3 Micro website, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of T3 Micro, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”), and are protected under the copyright laws of the United States and other countries. None of the content found on T3Micro.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of T3 Micro and/or the applicable Third Parties.
This website contains trademarks, trade names, service marks, copyrights, and/or logos identified as belonging to T3 Micro. Such intellectual property remains the property of T3 Micro. Other trademarks, service marks, copyrights, and/or logos appearing on this website are intellectual property of their respective owners. You recognize and acknowledge the ownership of these rights and understand that you do not acquire, through use of this website or otherwise, any right, title, or interest in such intellectual property. You agree not to change, modify, and/or exploit such intellectual property, nor participate in any activity, which modifies and/or exploits the same. All rights to said intellectual property are reserved and any use of the same without the express written authorization T3 Micro or their respective owner is strictly prohibited.
SECTION 7 - THIRD-PARTY RELATIONSHIPS
This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of T3 Micro’s website, and we do not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect beliefs held by T3 Micro. The inclusion of a link does not mean that we accept or endorse any of the content contained in such sites. The user is responsible to protect himself/herself while associating with any linked sites. T3 Micro, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites. If you decide to access other sites, you do so at your own risk. Framing of the T3Micro.com website or any of its content in any form and by any method is strictly prohibited.
SECTION 8 - SEVERABILITY
These Terms & Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions
SECTION 9 - WARRANTIES & LIMITATION OF LIABILITY
T3 MICRO DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL T3 MICRO BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THIS WEBSITE WHETHER OR NOT EITHER PARTY HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED.
SECTION 9 – MAXIMUM LIABILITY
If, notwithstanding the foregoing, T3 Micro or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of T3Micro.com or its content, the liability of T3 Micro and the Third Parties shall in no event exceed in the aggregate $250 US.
SECTION 10 - FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms & Conditions, T3 Micro shall not be liable for any failure or delay in its performance due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, Acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that T3 Micro shall attempt to correct promptly such failure or delay in performance to the extent practicable and consistent with then applicable law and regulatory requirements.
SECTION 11 - INDEMNIFICATION
You hereby agree to indemnify, defend, and hold harmless, T3 Micro, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of your use of this website. T3 Micro has the right to control any defense pertaining to this Section.
SECTION 12 - RELATIONSHIP
Nothing in this Agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party.
SECTION 13 - GOVERNING LAW & JURISDICTION
These Terms & Conditions shall be governed by, construed, and enforced in accordance with the laws of California, United States of America, without regard to any choice of law principles. T3 Micro’s failure to enforce any section of these Terms & Conditions shall not be construed as a waiver of such provision. You hereby agree and irrevocably consent to submit to the exclusive jurisdiction and venue of the courts of California and of the United States of America located in California for any and all claims arising from the use of this website.
SECTION 14 - ENTIRE AGREEMENT
These Terms & Conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to the subject matter and may not be amended or modified except by T3 Micro as set forth above.
SECTION 15 - RATINGS AND REVIEWS
T3 Micro enables visitors to T3Micro.com to provide T3 Micro with feedback by email or otherwise (“Customer Content”). If you provide Customer Content, you grant T3 Micro a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence. In addition, you hereby waive any and all moral rights in the Customer Content upon submission. You also grant T3 Micro the right to use your name in connection with any Customer Content you provide, if any, in connection with T3 Micro’s rights hereunder.
Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in these Terms & Conditions.
SECTION 16 - PRICING POLICY
T3 Micro has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Due to differences in sale effective dates across jurisdictions, items may be available online at the sale price before they are available in store. Franchisees are under no obligation to make promotional products available, or to match online prices until the sale begins in their region. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the T3Micro.com website, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time. All prices quoted are payable in United States dollar and, unless otherwise stated, do not include CAD, GST, PST, QST or HST.
T3Micro.com may offer limited-time sales values, special buys and items at T3 Micro’s everyday low price. Regular prices shown are the prices at which the products have been sold by T3 Micro as of the date of issuance indicated. A correctly completed Review and Submit page delivered by you to T3 Micro constitutes your offer to purchase gift cards or other products listed in your order. Your order shall be deemed to be accepted only at the point when T3 Micro sends a shipping confirmation email to the email address you provided. If you would like to change your order, call Customer Service toll-free at (866) 376-8880. Please have your order number ready when you place your call. Do not email us with a request, as emails may not be processed in sufficient time to effect a change to an order during high volume periods.
Products are priced on the Professional portal of our website at a discount from our published price list and at a discount from retail prices found on the portion of our website generally accessible to the public. We reserve the right to verify your professional status through state licensure. You are entitled to purchase up to three units of each electrical hair styling Product per 12 month period via the Professional Portal of our website at such discounted prices. If you desire to purchase any additional electrical hair styling Products in during such 12 month period, You must make such purchases via the generally accessible portion of our website at the prices set out therein. We reserve the right to adjust products price, offers, products and specifications of products available at our discretion at any time prior to acceptance of your order. We reserve the right not to accept your order for any reason and we will not be liable to you or to anyone else in such circumstances. We reserve the right to cease supply or amend the terms of supply in the event that there is a change in control or ownership of your business.
GENERAL REWARDS PROGRAM CONDITIONS
Customers will be automatically entered into T3 Micro’s Rewards Program once they create an account. Further, by accepting any rewards points, each customer agrees to release and hold harmless T3 Micro, its licensees, affiliates, subsidiaries, merchant partners, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, use or misuse of the rewards discounts or participation in any Rewards Program related activity.
This Rewards Program is void where prohibited by law. T3 Micro reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Rewards Program; to be in violation of the Terms & Conditions of our website or to be acting in a disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Rewards scheme at the actual time of entry will be deemed to be the user and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, on line service provider or other organization, which is responsible for assigning e-mail, addresses or the domain associated with the submitted e-mail address. T3 Micro will prosecute any fraudulent activities to the full extent of the law.
REFER A FRIEND GUIDELINES
Registered members of the Rewards Program can refer a friend to join the rewards program and purchase from T3Micro.com. There is no limit to the number of friends that members can refer. Points will not be rewarded until the friend registers for the Rewards Program and completes a purchase as a rewards program member. Friend must be a new member of the rewards program; existing rewards program members will not be eligible as referred friends.
MEMBERSHIP & ELIGIBILITY
The T3 Rewards Program is offered to customers of T3Micro.com. Membership to the program is limited to individuals only and is limited to one account per individual. By registering for the program, you agree to be bound by these Terms & Conditions. NO PURCHASE IS NECESSARY TO BECOME A MEMBER. The program is void where prohibited by law.
T3 Micro reserves the right at its sole discretion to modify, suspend or cancel the T3 Rewards Program, without notice for any conduct that we, in our sole discretion, believe is in violation of acceptable usage of our Rewards Program. We also reserve the right to revoke reward points if we feel the participant has tried to abuse the Rewards Program in any way.
LIMITATION OF LIABILITY
By entering into our Rewards Program, participants release and hold T3 Micro, any affiliated companies and employees from any and all liability of any injuries, loss or damage of any kind arising from or in connection with this rewards program or acceptance or use of any points given. No responsibility is assumed for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider / Internet / website / use net accessibility or availability, traffic congestion, or unauthorized human intervention. Though the above causes are not exhaustive & changes to the same can or will be made at the sole discretion of T3 Micro as and when required without giving notice or any form of communication to rewards members as individuals or groups.
EARNING & REDEEMING REWARDS
Under the Rewards Program, you earn one (1) reward point for every U.S. dollar spent on merchandise (excludes taxes and/or shipping) in the United States on T3Micro.com. You must register for an account in order to earn rewards points. You must be logged into your rewards account in order to redeem rewards points. You are not required to redeem rewards points during checkout. Earned points are not redeemable for cash, and may only be used as a discount toward a future purchase on T3Micro.com. Earned points cannot be applied toward previous purchases. Points accumulated on different accounts of different members may not be combined or aggregated to make purchases of products or for any other reason. Points earned in a transaction cannot be redeemed in the same transaction.
Points earned for a purchase that is then the subject of a return, refund, returned check due to non-sufficient funds, or other credit will be deducted from the member's account in an amount equal to the points earned for the original transaction.
Rewards points will expire after 12 calendar months of inactivity (inactivity is defined as not earning or redeeming points within a 12 calendar months).
To ensure that your review meets our criteria all fields must be completed and an honest paragraph about the product itself must be included. We cannot accept duplicate reviews or derogatory reviews about our products, as these issues should be taken up directly with our Customer Service team. Once you have submitted your comments, we will assess the review and reward points to your account. Points will only be received if the review meets the criteria stated. Only one review per customer per product will be applicable for rewards points.
Digital Millennium Copyright Act
In the event that you wish to assert a claim based upon copyright infringement for graphics, images and text which are believed to be illegally residing on this website, you should promptly send correspondence to T3 pursuant the Digital Millennium Copyright Act to Customer Service (hyperlink) or a written communication to:
T3 Micro, Inc. Consumer Service/Attn. Webmaster – DMCA
228 Main Street, Suite 12
Venice, CA 90278
Claims must include the following information:
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line Website are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit T3 to locate the allegedly infringing material;
Information reasonably sufficient to permit T3 to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
T3 may also use your personal information to contact you concerning changes to our Website, new products/ services and other information relating to T3’s business. In the event that you do not wish to receive such information or continue to be contacted by T3, please request to be removed from T3’s email contact list by unsubscribing (opting-out) at any time by simply sending an email as directed below or written correspondence including your name and email address to:
T3 Micro, Inc. Consumer Service/Attn. Webmaster – Opt-Out
228 Main Street, Suite 12
Venice, CA 90278
T3 reserves the right to change or update these Terms & Conditions at any time by notifying visitors. The Terms & Conditions were last updated on October 8, 2015.
This website and the contents thereof including, without limitation, all text, graphics, logos and images are “©Copyright 2015 T3 Micro, Inc. All Rights Reserved.”