Effective as of May 9,
2006 Welcome to Trident Cards! We welcome you to our website and
wish you a pleasant shopping experience. Your use of this website and your
purchases from or through this website are subject to these Terms of Use.
If you use this website or make purchases from us, you accept these Terms of
Use, as these Terms of Use may change from time to time. Please read them
carefully. If you do not agree with any of these Terms of Use, do not use this
website or purchase products from us.
PRIVACY Please
read our Privacy Notice, which describes our practices with respect to
information relating to you. The Privacy Notice forms part of these
Terms of Use.
SHIPPING AND
RETURNS Please read our Shipping and Returns policy, which describes how we will ship the
products you purchase from us and our return policies and procedures. The
Shipping and Returns policy also forms part of these Terms of Use.
FOREIGN
CUSTOMERS We currently provide this website and offers our products
only to individuals in the United States of America and those other countries
determined by us from time to time.
PRODUCT
AVAILABILITY Some products may be available only in limited
quantities or only while supplies last. Certain products displayed on this
website may no longer be available. Once a product is out of stock, we will
attempt to remove the product promptly from display on this website or identify
the product as sold out. However, the display of a product on this website is
not a guarantee that the product is available or will be available. Should you
have any questions concerning the availability of a particular product, please
contact us via the contact us link at the bottom of
this websiteand we will be happy to help you find the item you are looking
for.
PRODUCT
DESCRIPTIONS We attempt to accurately describe the products on
this website. However, we do not warrant that any product descriptions or
other content of this website is accurate, complete, reliable, current or
error-free.
PRODUCT
DISPLAY We will use reasonable efforts to display its products
on this website as accurately as possible. However, various factors, including
the display and color capabilities of your computer monitor, may significantly
affect what you actually see on your screen. As a result, we cannot be held
responsible for the quality of the display (including any color, size, texture
or detail) of any product or other content on your computer screen and cannot
guarantee the accuracy of the display of any products or other content on this
website.
ELECTRONIC COMMUNICATIONS You consent to
receive communications from us electronically, including by e-mail or by posting
notices on this website. You agree that all communications that we provide to
you electronically, including by e-mail or by posting notices on this website,
satisfy any legal requirement that such communications be in writing.
COPYRIGHT All content on this website,
including text, graphics, logos, icons (including buttons), images, sounds,
downloads, data compilations, software and other content, (collectively
"Content") is our property or that of our licensors and is protected by United
States and international copyright laws. The compilation of the Content on this
website is our exclusive property and is protected by U.S. and
international copyright laws.
TRADEMARKS
Trident Cards, www.tridentcards.com, the Trident logo,
House of Tarot, houseoftarot.com, Open the Door to Tarot, Casa Antigua,
lacasaantigua.com, Italian Papers & Gifts, italianpapers.com, and
related logos, graphics, page headers, icons (including buttons), scripts
and service names are the service marks, trademarks and/or trade
dress of Casa Antigua LLC in the United States and other countries. Casa
Antigua LLC's service marks, trademarks and trade dress may not be used in
connection with any product or service that is not ours, in any manner that
is likely to cause confusion among customers, or in any manner that disparages
or discredits us. All other service marks, trademarks or trade
dress not owned by Casa Antigua LLC that appear on this website
are the property of their respective owners, who may or may not be affiliated
with, connected to, or sponsored by us.
LIMITED LICENSE; PERMITTED
USES; REFUSAL OF SERVICE We grant you a limited,
non-transferable, revocable and non-exclusive license to access and use
this website for the sole purpose of purchasing, or evaluating the purchase of,
products sold by us and activities ancillary to such purpose (e.g.,
communicating with us with respect to a particular purchase). You are not
permitted to use this website for any other purpose, including to: download any
content (other than as part of page caching for the normal and permitted use of
this website); link this website; modify this website; or access our or our
service providers' computer systems (other than those made available to you by
us for the normal and permitted use of this website). We do not grant you a
license, or other right, to: resell or otherwise dispose of this website or its
contents; use this website or its contents for any commercial purpose; collect
and/or compile any information on this website or our computer systems,
including any Content; create any derivatives of this website or its Content;
download, copy and disseminate any information on this website or our computer
systems, including any Ccontent; resell on a commercial basis any product you
purchase from us; and/or use data mining, robots, or similar data gathering and
extraction tools on this website or our computer systems. You may not frame or
utilize framing techniques to enclose any trademark, service mark, trade dress,
or other proprietary information (including images, text, page layout, or form)
of Casa Antigua LLC without our express written consent. You may not use any
meta tags or any other "hidden text" utilizing our names, service marks
or trademarks without our express written consent. Any unauthorized
access or use of this website or our or our service providers'
computer systems, or any breach of these Terms of Use, terminates the permission
or license granted by us.
YOUR ACCOUNT AND
PASSWORD You will be required to create an account and password with
information about you in order to purchase products from us. You are responsible
for maintaining the confidentiality of your account and password and for
restricting access to your computer. You are also responsible for logging-out of
this website when you have finished using it and for closing your browser
window. You agree to accept responsibility for all activities that occur under
your account and/or password, including any purchases of products by you or
third parties.
PAYMENT We
accept payment by certain credit cards only. We
reserve the right to conduct additional credit card or address verification for
any orders, including by obtaining your personally identifiable information,
using geolocation services, contacting credit card companies and banks, and
notifying credit card holders of any transactions. We reserve the right to
ship to the AVS or other verified address regardless of whether a
different delivery address was specified in the order. We log IP
addresses. Actual or attempted fraudulent payments will be prosecuted.
Refunds will only be made in the same way the original payment was made.
MINORS We do not
sell products for children. If you are under 18 years of age, you may not use
this website, including by registering an account and password, or purchase
products from us.
SUBMISSIONS We
welcome your comments regarding this website and the products offered by us.
However, any comments, including any questions, ideas, product reviews, poll
responses, poll comments, suggestions, original creative materials (e.g.,
stories, product ideas, computer code and original artwork) or other
communications, whether or not confidential, (collectively, "Comments") sent to
us shall be and remain our exclusive property. Your submission of any such
Comments shall constitute an assignment to us of all worldwide rights,
titles and interests in all copyrights and other intellectual property rights in
the Comments. We will be entitled to use, sublicense, reproduce, disclose,
publish and distribute any Comments you submit for any purpose whatsoever,
without restriction and without compensating you in any way. You grant us and
our sublicensees the right to use the name, IP address, and other
information that you submit in connection with such Comments, if they
choose. For this reason, we ask that you not send us any Comments that you do
not wish to assign to us. You represent, warrant and promise to us that
your Comments: (i) will not infringe upon any of our patents, trademarks,
service marks, copyrights and other intellectual property or
those of any third party; (ii) will not be illegal, libelous, obscene
or otherwise inappropriate, including by displaying pornography, promoting
violence, endorsing particular political parties or politicians, or advocating
discrimination based on race, sex, religion, nationality, disability, sexual
orientation or age; (iii) will not criticize, disparage, compare or otherwise
cause harm to us or the Site; (v) will not be of a commercial nature as
determined by us; and (iv) will comply with applicable United States, foreign
and international laws. We reserve the right to modify or delete any
Comments in this website at any time and without requiring any reason
therefor or notice thereof.
RISK OF LOSS; CHANGES TO OR
CANCELLATION OF ORDERS; TAXES Risk of loss for items that you
purchase from us passes to you upon our delivery to the carrier. Once you place
an order with us (e.g., by clicking on the confirm button), you cannot change or
cancel the order. However, you may return products to us as set forth in
the Shipping and Returns policy. Please note that you are responsible
for paying customs handling charges and other surcharges, import duties and
other taxes, if any, on your purchases from us. Our prices do not include
such charges, surcharges, duties or taxes.
DISCLAIMER
OF WARRANTIES; LIMITATION OF LIABILITY; REFUSAL OF
SERVICE THIS WEBSITE IS PROVIDED BY US ON AN "AS
IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH RESPECT TO THIS WEBSITE, THE OPERATION OF THIS WEBSITE,
ITS CONTENT AND THE PRODUCTS SOLD BY US. WE DO NOT WARRANT
THAT THIS WEBSITE OR THE CONTENT INCLUDED ON THIS WEBSITE, ITS SERVERS AND OTHER
SUPPORT EQUIPMENT, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS WEBSITE OR ANY PRODUCTS SOLD BY US, INCLUDING, BUT
NOT LIMITED TO SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE PRODUCTS SOLD BY US ARE INTENDED SOLELY FOR
ENTERTAINMENT PURPOSES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WE RESERVE THE RIGHT TO REFUSE SERVICE TO OR FULFILL
ORDERS FOR ANY PERSON OR ENTITY AT ANY TIME AND WITHOUT REQUIRING ANY REASON
THEREFOR OR NOTICE THEREOF.
APPLICABLE LAW
The laws of the Commonwealth of Virginia, without regard to its principles
of conflict of laws, will govern these Terms of Use and any dispute of any sort
that might arise between you and us.
DISPUTES Any
dispute between you and us, including relating in any way to your use of this
website or the products you purchase from us, shall be submitted to the state or
federal courts in the Western District of Virginia, United States of
America. We may seek injunctive or other appropriate relief against you in
any state, federal or other court of competent jurisdiction in the event you
violate our intellectual property rights or as otherwise required to
protect our rights.
MODIFICATION;
SEVERABILITY We reserve the right to make changes to or
discontinue this website, its products and/or these Terms of Use at any time and
without prior notice. If any part of these Terms of Use shall be deemed invalid,
void, or for any reason unenforceable, that part shall be deemed severable and
shall not affect the validity and enforceability of any remaining parts.
CERTAIN TERMS When
we use the term "include", we mean including without limitation. When we use the
term "use" (i.e., use this website), we mean any visit to, browsing of, linking
of, entering of data in or other activity that you perform on this website or
any portion thereof. When we use the term "we," "our," "us" or similar
terms, we mean Casa Antigua LLC or Casa Antigua LLC d/b/a Trident Cards, as
determined by Casa Antigua LLC.
THIRD PARTY
BENEFICIARIES No third party, other than our members, or any
employees, agents, successors or assigns authorized by us, is intended to
be and no party will be deemed to be a third party beneficiary of these Terms of
Use.