CONDITIONS OF USE
Welcome to MyTarp.com. MyTarp.com and its affiliates provide their services to you
subject to the following conditions. If you visit or shop at MyTarp.com, you
accept these conditions. Please read them carefully. In addition, when
you use any current or future MyTarp.com service (e.g., Your Profile, Gift Certificates,
Auctions, and Your Media Library) or visit or purchase from any business affiliated
with MyTarp.com, whether or not included in the MyTarp.com Web site, you also will
be subject to the guidelines and conditions applicable to such service or business.
If these conditions are inconsistent with such guidelines and conditions, such guidelines
and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to MyTarp.com, to
understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit MyTarp.com or send e-mails to us, you are communicating with us electronically.
You consent to receive communications from us electronically. We will communicate
with you by e-mail or by posting notices on this site. You agree that all agreements,
notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
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 MyTarp.com 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 MyTarp.com and protected by U.S. and international copyright
laws. All software used on this site is the property of MyTarp.com or its software
suppliers and protected by United States and international copyright laws.
TRADEMARKS
MyTarp.com and other MyTarp.com graphics, logos, page headers, button icons, scripts,
and service names are trademarks, registered trademarks or trade dress of Sigman
USA LLC or its affiliates in the U.S. and/or other countries. MyTarp.com's trademarks
and trade dress may not be used in connection with any product or service that is
not MyTarp.com's, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits MyTarp.com. All other trademarks
not owned by MyTarp.com or its affiliates 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 MyTarp.com or its affiliates.
LICENSE AND SITE ACCESS
MyTarp.com grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of MyTarp.com. 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. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of MyTarp.com. You may not
frame or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of MyTarp.com and our
affiliates without express written consent. You may not use any meta tags or any
other hidden text utilizing MyTarp.com's name or trademarks without the express
written consent of MyTarp.com. Any unauthorized use terminates the permission or
license granted by MyTarp.com. You are granted a limited, revocable, and nonexclusive
right to create a hyperlink to the home page of MyTarp.com so long as the link does
not portray MyTarp.com, its affiliates, or their products or services in a false,
misleading, derogatory, or otherwise offensive matter. You may not use any MyTarp.com
logo or other proprietary graphic or trademark as part of the link without express
written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
MyTarp.com does sell products for children, but it sells them to adults, who can
purchase with a credit card. If you are under 18, you may use MyTarp.com only with
involvement of a parent or guardian. MyTarp.com and its affiliates reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so long
as the content is not illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise injurious to third parties
or objectionable and does not consist of or contain software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form
of spam. You may not use a false e-mail address, impersonate any person or entity,
or otherwise mislead as to the origin of a card or other content. MyTarp.com reserves
the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you
grant MyTarp.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable,
and fully sublicensable right to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout the
world in any media. You grant MyTarp.com and its affiliates and sublicensees the
right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to
the content that you post; that the content is accurate; that use of the content
you supply does not violate this policy and will not cause injury to any person
or entity; and that you will indemnify MyTarp.com or its affiliates for all claims
resulting from content you supply. MyTarp.com has the right but not the obligation
to monitor and edit or remove any activity or content. MyTarp.com takes no responsibility
and assumes no liability for any content posted by you or any third party.
COPYRIGHT COMPLAINTS
MyTarp.com and its affiliates respect the intellectual property of others. If you
believe that your work has been copied in a way that constitutes copyright infringement,
please follow our Notice and Procedure for Making Claims of Copyright
Infringement.
RISK OF LOSS
All items purchased from MyTarp.com are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery
to the carrier.
PRODUCT DESCRIPTIONS
MyTarp.com and its affiliates attempt to be as accurate as possible. However, MyTarp.com
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 MyTarp.com itself
is not as described, your sole remedy is to return it in unused condition.
PRODUCT IMAGES OR COLORS ARE NOT GUARANTEED ACCURATE
Product image and image colors are not guaranteed to be accurate due to wide variation
of monitor screen settings. Therefore, product color temperature, brightness or
tone cannot be considered product defect unless MyTarp.com ship a product of totally
wrong color. For example, a blue color tarp is not of defect if the color's tone
or brightness are different from your screen display. MyTarp.com's product images
are normally taken under a lighting tempareture equivalent or close to that of direct
bright sunlight.
PRICING
Except where noted otherwise, the List Price displayed for products on our website
represents the full retail price listed on the product itself, suggested by the
manufacturer or supplier, or estimated in accordance with standard industry practice;
or the estimated retail value for a comparably featured item offered elsewhere.
The List Price is a comparative price estimate and may or may not represent the
prevailing price in every area on any particular day. For certain items that are
offered as a set, the List Price may represent open-stock prices, which means the
aggregate of the manufacturer's estimated or suggested retail price for each of
the items included in the set. Where an item is offered for sale by one of our merchants,
the List Price may be provided by the merchant.
With respect to items sold by MyTarp.com, we cannot confirm the price of an item
until you order; however, we do NOT charge your credit card until after your order
has entered the shipping process. Despite our best efforts, a small number of the
items in our catalog may be mispriced. If an item's correct price is higher than
our stated price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by MyTarp.com.
Your purchases from third-party sellers using MyTarp.com Payments are charged at
the time you place your order, and third-party sellers may follow different policies
in the event of a mispriced item.
OTHER BUSINESSES
Parties other than MyTarp.com and its subsidiaries operate stores, provide services,
or sell product lines on this site. In addition, we provide links to the sites of
affiliated companies and certain other businesses. We are not responsible for examining
or evaluating, and we do not warrant the offerings of, any of these businesses or
individuals or the content of their Web sites. MyTarp.com does not assume any responsibility
or liability for the actions, product, and content of all these and any other third
parties. You should carefully review their privacy statements and other conditions
of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MyTarp.com ON AN AS IS AND AS AVAILABLE BASIS. MyTarp.com
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED
ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MyTarp.com DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. MyTarp.com DOES NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM MyTarp.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MyTarp.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM
THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL DAMAGES.
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.
APPLICABLE LAW
By visiting MyTarp.com, you agree that the laws of the state of Georiga, without
regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and MyTarp.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to MyTarp.com or to products you purchase
through MyTarp.com shall be submitted to confidential arbitration in Marietta, Georgia,
except that, to the extent you have in any manner violated or threatened to violate
MyTarp.com's intellectual property rights, MyTarp.com may seek injunctive or other
appropriate relief in any state or federal court in the state of Georgia, and you
consent to exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our shipping and return policy, posted
on this site. These policies also govern your visit to MyTarp.com. We reserve the
right to make changes to our site, policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not affect the
validity and enforceability of any remaining condition.
OUR ADDRESS
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MyTarp.com
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3605 Sandy Plains Road
Suite 240-104
Marietta, GA 30066-3066
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http://www.mytarp.com/
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Note: Please do not ship any return items to this address. Contact our RMA department
for return address.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide MyTarp.com's copyright agent the written information
specified below. Please note that this procedure is exclusively for notifying MyTarp.com
and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the
site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act
on the copyright owner's behalf.
MyTarp.com's Copyright Agent for notice of claims of copyright infringement on its
site can be reached as follows:
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Copyright Agent
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MyTarp.com Legal Department
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3605 Sandy Plains Road
Suite 240-104
Marietta, GA 30066-3066
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e-mail: copyright@MyTarp.com
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Note: Please do not ship any return items to this address. Contact our RMA department
for return address.
Returns and Exchanges Policy
Please check out MyTarp.com Return and Exchanges Policy
currently effective.