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TERMS OF USE

NOTE: THIS SITE IS LOCATED IN THE UNITED STATES OF AMERICA, AND U.S. LAWS WILL APPLY


ACCEPTANCE OF TERMS THROUGH USE 

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein. If you do not agree to these Terms of Use ("Terms") please do not use this site. The True Fabrications, Inc. family of web Sites (truefabrications.com, viski.com, truezoodesign.com, hoststudios.com, fosterandrye.com, glacierrocks.com, and bottlebubble.com) ("Sites") reserves the right to change these Terms, and your continued use of the Sites constitutes agreement to all such changes. Please check the Terms periodically for changes.


LICENSE FOR USE OF THIS WEB SITE 

All right, title and interest in this Web site and any content contained herein is the exclusive property of True Fabrications, Inc., except as otherwise stated. Subject to your compliance with these Terms, True Fabrications grant you a non-exclusive, non-transferable license to make personal and non-commercial use of the Sites. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools without express written consent from True Fabrications, Inc. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from this Web site, except for the purposes expressly provided herein, without True Fabrications, Inc.'s prior written approval. You may not use any meta tags or any other "hidden text" utilizing True Fabrications, Inc.'s name or trademarks without the express written consent of True Fabrications, Inc. Any unauthorized use terminates the permission or license granted by True Fabrications, Inc. You are granted a limited, revocable, and nonexclusive right to create a hyperlink(s) to the home page(s) of the Sites so long as the link does not portray True Fabrications, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

Unauthorized use of this Web site and or any True Fabrications, Inc. systems, including, but not limited to, unauthorized entry into True Fabrications, Inc. systems, misuse of passwords or misuse of any other information, is strictly prohibited. You may not use this Web site in any manner that could damage, disable, overburden, or impair any True Fabrications, Inc. Sites or service or interfere with any other party's use and enjoyment of any True Fabrications, Inc. Sites or service. You may not attempt to gain unauthorized access to any True Fabrications, Inc. Sites or service, computer systems or networks connected to any True Fabrications, Inc. Sites or service, through hacking, password mining or any other means. You agree that you will not engage in any activities related to this Web site that are contrary to applicable laws or regulations.

True Fabrications, Inc. reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and True Fabrications, Inc. does not undertake any obligation or responsibility to update or amend any such information. True Fabrications, Inc. may discontinue or change any product or service described in or offered on this Web site at any time.


DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

The information, products and services on this Web site are provided on an "AS IS," and "AS AVAILABLE" basis. True Fabrications, Inc. does not warrant the information or services provided herein or your use of this Web site generally, either expressly or impliedly, for any particular purpose and expressly disclaims any implied warranties, including but not limited to, warranties of title, non-infringement, merchantability or fitness for a particular purpose. True Fabrications, Inc. will not be responsible for any loss or damage that could result from interception by third parties of any information or services made available to you via the Sites. Although the information provided to you on the Sites is obtained or compiled from sources we believe to be reliable, True Fabrications, Inc. cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose. Neither True Fabrications, Inc., nor any of its affiliates, directors, officers or employees, nor any third party vendor, will be liable or responsible for any loss or damage incurred 1) in the event of any failure or interruption of the Sites; 2) resulting from any act or omission of any party involved in making the Sites, the data contained herein, or the products or services offered on the Sites available to you; 3) or from any other cause relating to your access to, inability to access, or use of the Sites or these materials, whether or not the circumstances giving rise to such cause may have been within the control of True Fabrications, Inc. or of any vendor providing software or services.


COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of True Fabrications, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of True Fabrications, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of True Fabrications, Inc. or its software suppliers and protected by United States and international copyright laws.


TRADEMARKS 

True Fabrications, True, True Zoo, Host, Twine, Foster & Rye, Blush, Viski, all associated logos and other trademarks referenced herein are either registered trademarks or common law trademarks of True Fabrications, Inc. in the United States of America.

The names of other companies and marks used on third-party products or services mentioned herein may be registered trademarks and service marks or trademarks and service marks of their respective companies and/or owners.

You are prohibited from using any marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of True Fabrications, Inc. or such third party, which may own the marks.

If you copy or download any information or software from the Sites, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.


LINKS 

The Sites may contain links to third party websites. These links are provided only as a convenience. The inclusion of any link is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by True Fabrications, Inc. of any information contained in any third party website. In no event shall True Fabrications, Inc. be responsible for the information contained on that website or your use of or inability to use such website. You should also be aware that the terms and conditions of such site and the site's privacy policy may be different from those applicable to your use of the Sites.


COOKIES AND CLEAR GIFS

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and "clear gifs" to obtain certain types of information when your Web browser accesses one of our Sites, or when you are provided the opportunity to complete surveys, participate in a sweepstakes or other incentives, or open or respond to any e-mail transmissions for us.

Briefly, "cookies" are small files that we transfer to your computer's hard drive or your web browser memory to enable our systems to recognize your browser and to provide convenience and other features to you, such as recognizing you as an existing customer or previous Site visitor. "Clear gifs" are tiny graphics with a unique identifier, similar in function to cookies, and may be used to track the online movements of web users or to let us know if you have opened an e-mail that we sent you.

Examples of the information we collect and analyze in this manner include the Internet protocol (IP) address used to connect your computer to the Internet; computer and connection information such as browser type and version, operating system, and platform; your behavior on our Sites and related services, including the products you view or searched for, as well as the URL you come from and go to next (whether this URL is on our site or not). The cookies and clear gifs that we use do not contain and are not tied to personally identifiable information about you.

You are always free to decline our cookies if your browser permits, although in that case you may not be able to participate in our surveys or incentives, purchase products, or take advantage of certain useful features of the Sites


TERMS OF PAYMENT

You may purchase certain products or services on the Sites. In ordering products through the Sites or otherwise, you agree to provide only true, accurate, current and complete information. You hereby certify that any email account you provide to True Fabrications, Inc. is registered to you. You agree that your placement of an electronic order on the Site is sufficient to satisfy any applicable Statue of Frauds, and no further writing is required. True Fabrications, Inc. shall have the right to bar your access to and use of the Sites if it has reasonable grounds to believe that you have provided false, inaccurate, not current, or incomplete information.

 

At the time you place your order, you may have been offered and agreed to purchase the product or service at a price that is not consistent with other customers. Your cost (which includes applicable sales tax) is the amount you agreed to pay at the time of purchase.

To qualify for promotional discounts, you may be required to enter a coupon code prior to completing your order, and certain products or payment options may not be eligible. Rules and restrictions are disclosed at the time promotional offers are presented. By participating in the promotion, you are agreeing to the rules and restrictions associated with the promotion. For questions regarding promotional offers, including rules and restrictions, please contact True Fabrications, Inc.at mktg@truefabrications.com.

Please note that this policy applies only to products sold and shipped by True Fabrications, Inc


INTERNATIONAL USE

The Sites are controlled and operated by True Fabrications, Inc. from its headquarters in Seattle, Washington, United States of America. If you access the Sites from a location outside the United States of America, you do so on your own initiative and are responsible for compliance with all applicable laws of your jurisdiction. True Fabrications, Inc. makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.


LIMITATION OF LIABILITY

TRUE FABRICATIONS, INC. SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, ATTORNEY FEES, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND THE LIKE) ARISING OUT OF THIS PRIVACY POLICY OR YOUR USE OF, OR INABILITY TO USE OR ACCESS THE SITE OR ANY CONTENT PROVIDED ON THE SITE OR DOWNLOADED FROM THE SITE, OR ANY DELAY IN USE OR ACCESS TO THE SITE OR CONTENT PROVIDED ON THE SITE OR ANY CLAIM ARISING FROM OR RELATING TO ERRORS, OMISSIONS OR INACCURACIES IN THE CONTENT PROVIDED ON THE SITES OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF TRUE FABRICATIONS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G. INABILITY TO ACCESS INTERNET SERVICE PROVIDER) UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEUERE. TRUE FABRICATIONS, INC. CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITES.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW PROVISION SET FORTH HEREIN, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. THEREFORE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TRUE FABRICATIONS, INC.'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE LIMITATION OF LIABILITY SET FORTH ABOVE SHALL APPLY TO EVERY FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, AND SHALL SURVIVE ANY BREACH OF THE TERMS OR ANY AGREEMENT, OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THE TERMS OR AN AGREEMENT OR ANY EXCLUSIVE REMEDY.

IN NO EVENT SHALL TRUE FABRICATIONS, INC. LIABILITY EXCEED $50.00.


JURISDICTION

These Terms, as well as the Privacy Policy for the Sites, and any dispute that may arise between you and True Fabrications, Inc., shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., without regard to conflict of laws principles. You consent to the exclusive jurisdiction and venue in the courts of King County, Washington, U.S.A. for any all disputes arising out of or relating to the Privacy Policy, Terms of Use and/or the Sites.

Unless otherwise specified herein, these Terms and the Sites’ Privacy Policy constitute written agreements between you and True Fabrications, Inc. with respect to the Sites and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and True Fabrications, Inc. with respect to this site. A printed version, and of any electronic notices pertaining to the same, shall be admissible in an judicial or administrative proceeding to the same extent, and subject to the same restrictions, as any other contract, document or record originally in printed form.

If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

If you have any concern about privacy at True Fabrications, Inc., please contact us with a thorough description, and we will try to resolve it.

True Fabrications, Inc. Attn: Legal Department 154 N 35th Street Seattle, WA 98103

Terms of Use last modified on November 13, 2014.