If you choose to submit your email address to Thompson Punke LLC, or sign up for any of our promotions, marketing material, or team play, you give us the right to send you newsletters, contest information, marketing and promotional material.
To complete your purchase, you will provide an email address and complete the information requested by our Secured Payment Processor under our “Cart” feature. Thompson Punke only receives the necessary information from our Secured Payment Processor to complete your order. Please see our Policy Privacy for the information we do collect. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer. You agree to (a) immediately notify Thompson Punke of any unauthorized use of your email address or any other breach of security, and (b) ensure that you exit from your computer at the end of each session. Thompson Punke cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using this Site or participating in promotions you agree to not:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;
- Frame the Site within another Site or webpage or link to the Site except as permitted in writing by Thompson Punke;
- Use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;
- Copy, modify or distribute rights or Content from the Site, service or tools or Thompson Punke's copyrights and trademarks;
- Harvest or otherwise collect information about users, including email addresses, without their consent.
- Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
- Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property
- Use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
- Upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;
- Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, download, post, email or otherwise transmit false or misleading information;
- Incorporate images or names that would violate a person's right of privacy or publicity;
You agree that you are responsible for actions and communications you undertake with Thompson Punke LLC. You agree to waive any claims against Thompson Punke and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Thompson Punke and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
Trademarks and Copyrights
Thompson Punke's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to Thompson Punke, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thompson Punke. All other trademarks not owned by Thompson Punke that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Thompson Punke.
You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Thompson Punke, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of Thompson Punke or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws. You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, Thompson Punke grants you a non-exclusive, non-transferable, non-sublicenseable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part. Thompson Punke grants you a non-exclusive, revocable and limited license to use the Content and Thompson Punke's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the Thompson Punke website. We reserve the right to terminate this license at any time.
The intellectual property rights in or relating to the content of any notes, messages, e-mails, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to Thompson Punke will automatically be deemed to be assigned, granted and transferred by you to Thompson Punke upon their submission or communication to Thompson Punke, and you do assign all rights therein to Thompson Punke and agree that the same will automatically become the property of Thompson Punke and that Thompson Punke may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose Thompson Punke may elect, forever.
YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.
You agree to defend, indemnify and hold Thompson Punke and Thompson Punke's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.
Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without Thompson Punke 's express written consent.
You agree that Thompson Punke, in its sole discretion, may terminate this agreement including but not limited to termination of your password or use of the Site, at any time for any reason or no reason. Thompson Punke may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Thompson Punke may immediately deactivate or delete all passwords or registrations and all related information and files and/or bar any further access to such files of the Site. Further, you agree that Thompson Punke shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
The Site may provide, or third parties may provide, links to other websites or resources. Because Thompson Punke has no control of such sites and resources, you acknowledge and agree that Thompson Punke is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. Thompson Punke is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that you will not use any product ordered from the Site in a way that would be damaging to Thompson Punke's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product from Thompson Punke, in a public setting, including on the Internet, in a way which disparages Thompson Punke, Thompson Punke's board members, employees or shareholders or partners, Thompson Punke reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.
Pricing, Shipping, and Terms of Sale
Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Thompson Punke's discretion. Thompson Punke may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by Thompson Punke. Title and risk of loss for all products ordered by you shall pass to you on Thompson Punke's shipment to the shipping carrier. Purchases are subject to Thompson Punke's Shipping and Return Policy . Thompson Punke reserves the right to cancel any order for any product for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
Thompson Punke attempts to be as accurate as possible to provide a compelling user experience. Thompson Punke does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Thompson Punke is not as described, your sole remedy is to return it pursuant to Thompson Punke's Shipping and Return Policy .
Thompson Punke may introduce programs, features and products. At the time of release, Thompson Punke will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products.
Age and Geographic Restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
You agree that Thompson Punke can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.
Correction of Errors and Inaccuracies
The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale. If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.
Comments and Submissions
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, you shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THOMPSON PUNKE AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THOMPSON PUNKE DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,OR (G) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT THOMPSON PUNKE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT THOMPSON PUNKE DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, THOMPSON PUNKE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT THOMPSON PUNKE MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THOMPSON PUNKE OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL THOMPSON PUNKE OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THOMPSON PUNKE OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THOMPSON PUNKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE THAT THOMPSON PUNKE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Dispute Resolution and Release
These terms and conditions and your relationship with Thompson Punke shall be governed by and construed in accordance with the laws of the State of New York, without resort to its conflict of law provisions. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
- No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
- Thompson Punke may assign its rights and responsibilities hereunder without notice to you.
- These terms and conditions will inure to the benefit of Thompson Punke's successors, assigns and licensees.
- Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
- The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.
- Thompson Punke's failure to act with respect to a breach by you or others does not waive Thompson Punke's right to act with respect to subsequent or similar breaches.
- These terms and conditions may not be modified by you.
- The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Release and General.
- Thompson Punke will attempt to notify you when major changes are made to this Agreement but you should periodically review the most up-to-date version at http://thompsonpunke.com/terms-of-service.html. Thompson Punke may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.
- Nothing in this User Agreement shall be deemed to confer any third-party rights or benefits.
- Thompson Punke does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Thompson Punke's control.
- You use the Site at your own risk.
Please send any questions or comments regarding this Site to:
Thompson Punke LLC
20 Jay Street, Suite 520
Brooklyn, NY 11201
or by email to: