TOSR™ Web Site Conditions of Use Agreement
This Web Site (the “Site”) is owned and operated by The Original silverware rest™, LLC (Herein “TOSR™” or “Company”). By accessing and using this Site, you (the “User”) agree to be bound by all of the provisions contained in this Terms and Conditions Agreement (the “Agreement”). If User does not agree to all the provisions contained in the Agreement, User should not use this Site. TOSR™ reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Use of this Site following any such changes shall constitute User’s acceptance of such changes. THE SITE, INCLUDING BUT NOT LIMITED TO ITS INFORMATION AND SOFTWARE (the “SITE MATERIALS”) IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE SITE MATERIALS MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. THE ORIGINAL silverware rest™, LLC DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ORIGINAL silverware rest™, LLC HEREBY DISCLAIMS ALL WARRANTIES REGARDING THE SITE MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE ORIGINAL silverware rest™, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, FOR SITE MATERIALS, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF TOSR™ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF WARRANTIES OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO USER.Copyright and Trademarks
All contents of this Site are subject to and protected by copyright law. User may not modify, distribute, transmit, display, perform, reproduce, create derivative works from, or sell in any way any Site Materials, except that User may view the Site in its present form and User may download the Site Materials provided User keeps intact all copyright and other proprietary notices. User recognizes that unauthorized use of Site Materials may subject User to criminal liability under copyright and other federal and state laws. User understands that misuse or abuse of TOSR™’s Site may result in User being denied access to Site. The names “The Original silverware rest™”, “TOSR™” and its logos, service marks, and trademarks, are owned exclusively by The Original silverware rest™, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.Check Returns
In all cases where we have a check returned for Non Sufficient Funds we will assess a $25.00 fee.Shipping Delays
Customer agrees that it will not hold TOSR™ accountable for delays in delivery occasioned by acts of God or other circumstances over which we have no direct control. Factory shipment or delivery dates are the best estimates of our suppliers, and in no case shall TOSR™ be liable for any consequential or special damages arising from any delay in delivery.Product Descriptions
TOSR™ and its affiliates attempt to be as accurate as possible. However, TOSR™ does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free.Product Color
Product photos are not guaranteed to be color accurate. If a specific product color is important, please request a product sample before ordering. Charges may apply. Requesting a sample when placing your order will likely delay production time.Product Quality
We strive to sell only high-quality products. We guarantee our products against defects in production. A less expensive product should not be compared to the quality of a more expensive product. If you have concerns about the potential quality of a product, please request a sample prior to ordering. Charges may apply. Requesting a sample when placing your order will likely delay production time. If you are unhappy with the quality of the product you have received, please contact our Claims Department. We may need samples of your product so that we can determine if the product suffered a defect during production.Illegal Matter
The company shall not be required to print any matter which in his opinion is or may be of an illegal or libelous nature or an infringement of the proprietary or other rights of any third party. The company shall be indemnified by the customer in respect of any claims costs and expenses arising out of any libelous matter or any infringement of copyright, patent, design or of any other proprietary or personal rights contained in any material printed for the customer. The indemnity shall include (without limitation) any amounts paid on a lawyer’s advice in settlement of any claim that any matter is libelous or such an infringement.Claims and Returns
Advice of damage, delays or partial loss of goods in transit or of non-delivery must be given in writing to the company and the carrier within three days of delivery (or, in the case of non-delivery, within 28 days of notification of dispatch of the goods). All Sales are final. Products are not eligible for return unless there’s a defect in quality or production. Errors in printing must be made in writing to TOSR™ within 20 days of delivery. Company may request samples to verify any errors made during printing. Shipping of samples will be the customer’s obligation. Send samples to: TOSR™ 1745 Marion-Waldo Road Marion, OH 43302 The company shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves that (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as reasonably possible.Liability
TOSR™ shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to the customer arising from delay in transit, whether as a result of the company’s negligence or otherwise. Insofar as is permitted by law where work is defective for any reason, including negligence, the company’s liability (if any) shall be limited to rectifying such defect. Where the company performs its obligations to rectify defective work under this condition, the customer shall not be entitled to any further claim in respect of the work done nor shall the customer be entitled to treat delivery thereof as a ground for repudiating the contract, failing to pay for the work or canceling further deliveries.Electronic Files
It is the customer’s responsibility to maintain a copy of any original electronic file.Proofs
Proofs of all work may be submitted for customer’s approval and the company shall incur no liability for any errors not corrected by the customer in proofs so submitted. Production will not begin until approval of proof has been received.Color Proofs
Due to differences in equipment, monitors, paper, inks and other conditions between color proofing and production runs, a reasonable variation in color between color proofs and the completed job will be deemed acceptable. With certain products we are not able to guarantee exact color matches even when printing specific colors.Imprint Colors and Surface Colors
We cannot guarantee exact matches among imprint colors and surface colors. For example, colors will vary depending on what type of product it is printed on, the color of the product, and the printing process that is used. With most products, printing within one or two shades of a specific color is deemed industry standard. Surface colors may vary as well. We work for as much consistency as possible, but there will be color shifts during production runs, and between separate production runs.Taxes and Duties
TOSR™ is required by law to collect all applicable sales taxes for the state of Ohio. Companies, individuals and organizations who are exempt from sales tax should provide us with their resale certificate by fax to 740.802.7722. Purchaser is responsible for self-assessing any applicable sales or use taxes that may apply to this sale for your state. Purchaser is also responsible for all taxes and duties for international shipments.Submissions
Any communication or material other than your personal information submitted to this Site by electronic mail is the exclusive property of TOSR™ and is considered to be non-confidential and non-proprietary. Such a communication may include without limitation questions, comments, suggestions and ideas. TOSR™ shall be free to use them for any purposes whatsoever without restriction or compensation.Variations In Quantity
Every endeavor will be made to deliver the correct quantity ordered, but estimates are conditional upon margins of 5-10 percent depending on the product as shown on our site. We reserve the right to invoice for exact quantities shipped.Questions
You can direct any questions regarding these Terms and Conditions to: TOSR™ 1745 Marion-Waldo Road Marion, OHGoverning Law
You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the State of Ohio. These Terms of Use and your relationship with TOSR™ shall be governed by U.S. federal law or the internal laws of the State of Ohio. Any failure by TOSR™ to exercise any of its rights hereunder will not constitute a waiver of such right.