Conditions of Use
Welcome to Territory Ahead. Territory Ahead provides website and other electronic services subject to the conditions set out below (“Conditions”). By using and shopping via Territory Ahead website(s), Territory Ahead mobile services, Territory Ahead telephone ordering and interactive voice response services, Territory Ahead software applications that you download, and other websites and existing or future services that expressly incorporate these Conditions (“ Territory Ahead Services”), you accept these Conditions. In some instances, a particular Territory Ahead Service or a product purchased through Territory Ahead Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use Territory Ahead Services.
Territory Ahead makes no representation that content included in any Territory Ahead Services is appropriate or available for use in locations other than in the United States, and access to Territory Ahead Services from territories where their content is illegal is prohibited. Those who choose to access Territory Ahead Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Territory Ahead Services in violation of U.S. export laws and regulations.
Change of Terms
Territory Ahead may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Territory Ahead may give by any means, including, without limitation, by posting the revised Conditions on Territory Ahead Services. You are responsible for reviewing Territory Ahead Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of Territory Ahead Services after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
Territory Ahead reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Territory Ahead, and may be adjusted by Territory Ahead at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Copyright in the documents and material on Territory Ahead Services is owned by or licensed to Territory Ahead. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on Territory Ahead Services are either the property of, or used with permission of Territory Ahead. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on Territory Ahead Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in Territory Ahead Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on Territory Ahead Services without the written permission of Territory Ahead or any third party that may own such trademarks or service marks. Territory Ahead will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to Territory Ahead Services, you grant Territory Ahead a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Territory Ahead and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Territory Ahead for all claims resulting from any content that you supply. Territory Ahead has the right but not the obligation to monitor any activity and to edit or remove any content. Territory Ahead takes no responsibility and assumes no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Territory Ahead vendors, do not constitute sponsorship, endorsement, or approval by Territory Ahead of the content, policies, or practices of such linked sites or services. Territory Ahead is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
When you access or use Territory Ahead Services, send e-mails to Territory Ahead, or receive electronic communications from Territory Ahead, you are, and consent to, communicating with Territory Ahead electronically. Territory Ahead may communicate with you by e-mail or by posting notices on one or more of Territory Ahead Services. You agree that all notices, disclosures, agreements, policies, and other communications that Territory Ahead provides to you electronically satisfy any requirement that such communications be in writing.
Territory Ahead Services may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from Territory Ahead, and access certain other features (collectively, the “Mobile Services”). Territory Ahead does not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Territory Ahead, its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will Territory Ahead, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that Territory Ahead may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to Territory Ahead. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Territory Ahead intends to send to you are not sent to another person.
We are always happy to answer your questions and listen to your comments.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE MATERIAL CONTAINED IN TERRITORY AHEAD SERVICES HAS BEEN CHECKED FOR ACCURACY. HOWEVER, TERRITORY AHEAD MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL’S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON TERRITORY AHEAD SERVICES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TERRITORY AHEAD DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON TERRITORY AHEAD SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER.
UNDER NO CIRCUMSTANCES WILL TERRITORY AHEAD OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING TERRITORY AHEAD SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE TERRITORY AHEAD SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF TERRITORY AHEAD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TERRITORY AHEAD DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF TERRITORY AHEAD SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT TERRITORY AHEAD SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL TERRITORY AHEAD OR ITS PARENTS, AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH TERRITORY AHEAD SERVICES, EVEN IF TERRITORY AHEAD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TERRITORY AHEAD’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Territory Ahead and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of Territory Ahead Services.
Your Access to Territory Ahead Services
When you use Territory Ahead Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, Territory Ahead Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Territory Ahead sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use Territory Ahead Services only with the involvement of a parent or guardian. Territory Ahead reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of Territory Ahead Services. In the event that Territory Ahead denies you access to one or more Territory Ahead Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
These Conditions contain the entire understanding of you
and Territory Ahead with respect to the subject matter hereof and supersedes
all prior agreements and understandings between you and Territory Ahead
with respect to the subject matter hereof. The failure of Territory Ahead
at any time to enforce any of the provisions of these Conditions will not
be deemed or construed to be a waiver of any such provisions, or in any
way to affect the right of Territory Ahead to thereafter enforce each and
every provision of these Conditions. No waiver by Territory Ahead of any
breach of any provision of these Conditions will be construed or deemed
to be a waiver of any other subsequent breach. If any provision of these
Conditions is declared invalid or otherwise determined to be unenforceable
for any reason, such provision will be deemed to be severable from the remaining
provisions of these Conditions, which will otherwise remain in full force
and effect. Provisions concerning your rights and obligations which by the
content of the provision operate after termination or which are necessary
to enforce any right will survive any termination or expiration of these