Terms of Service
T-Star Media, LLC (“T-Star,” “we,” or “us”) provides the website located at TheComet.com (“Site”). By placing an order through the Site or using the Site in any other manner, you agree to follow and be bound by the following terms and conditions (collectively, “Terms of Use“) and our Privacy Policy (also found on the Site) concerning your use of the Site. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS OF USE, PLEASE DO NOT USE THE SITE. T-Star may periodically change these Terms of Use without notice and you should review them often. These Terms of Use were last updated on May 5, 2010.
WE WILL MAKE A REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT T-STAR ON THIS SITE; HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED HERE IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL RELEVANT INFORMATION AVAILABLE ABOUT T-STAR.
INFORMATION EXCHANGE
As part of your use of this Site, we may obtain certain information about you which we will hold in confidence according to these Terms of Use and our Privacy Policy (our Privacy Policy describes how we will and will not use personal information collected from you). By using information you submit when you visit this Site, T-Star may send you emails or other communications on various topics such as news related to organic standards, information on specific products, and information about our company.
Provided that T-Star will not use your information in a way that identifies you personally (unless required by law), please understand that information submitted to or gathered by us via this Site may be treated as non-confidential. You agree that all such information may be used by us for any purpose without compensation to you.
With regard to the content of any submissions or comments you make to T-Star through this Site, you agree to remain solely responsible, and agree not to submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that will violate any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.
LINKS AND THIRD PARTY CONTENT
As a convenience to its customers, T-Star may provide links on the Site that allow you to connect with third party websites that are not under our control. T-Star makes no representation with respect to, nor do we guarantee or endorse the accuracy, completeness, timeliness, reliability, suitability, or correct sequencing of any third party websites and content. Likewise, T-Star does not endorse, oppose or edit any opinion or analysis expressed by such third parties. You should refer to the policies posted on third party websites regarding privacy and terms of use prior to using such sites. You agree that T-Star is not responsible for third party content accessible through this Site, including opinions, advice, statements and advertisements, and you understand that you bear all risks associated with the use of such third party content.
ONLINE FORUMS
Guests may post comments, suggestions, questions and other content in our online forums 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.” T-Star reserves the right (but not the obligation) to remove or edit such content, but does not regularly review such posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant T-Star a nonexclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant T-Star the right to use the name that you submit in connection with such content, if we choose to do so. 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 the Terms of Use and will not cause injury to any person or entity; and that you will indemnify T-Star for all claims resulting from content you supply. T-Star takes no responsibility and assumes no liability for any content posted by you or any third party.
HYPERLINKS
You may create a hypertext link to the home page of the Site, but all other linking is prohibited without prior written consent from T-Star. You may not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary materials owned by T-Star, including the images posted on the Site, the content of any text or the design of any page, or form contained on a page without express written consent of T-Star.
T-Star makes no claim or representation regarding, and accepts no responsibility or liability for, the quality, content, nature or reliability of websites accessible by hyperlink from the Site, or websites linking to the Site. Furthermore, these links do not imply endorsement by or affiliation with any third party or any third party website, products or services provided by any third party.
COPYRIGHT AND TRADEMARK
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) to the content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations, is the property of T-Star, or to another party that has licensed their material to T-Star, and is protected by United States and international copyright laws. The content of this Site is not intended to be a comprehensive compilation of all of T-Star worldwide proprietary ownership rights, and T-Star may own or control other proprietary rights in one or more countries outside of the United States. You may not reproduce, redistribute or otherwise use any materials without the express written consent of T-Star. All rights not expressly granted herein are reserved by T-Star. The trademarks and trade dress of T-Star 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 T-Star.
Your use of the materials included on this Site is for personal, informational and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend and hold harmless T-Star for any and all unauthorized uses you may make of any material on the Site. You acknowledge that any unauthorized use of the contents of the Site could cause irreparable harm to T-Star and that in the event of such unauthorized use by you, T-Star shall be entitled to an injunction in addition to any other remedies available at law or in equity.
COPYRIGHT COMPLAINT PROCEDURE
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying T-Star that your copyright has been violated.
Please provide the following information in the following format (including Section Numbers):
[a] A clear identification of the copyrighted work you claim was infringed.
[b] A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the website, such as a link to the infringing material.
[c] Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
[d] Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
[e] Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
[f] The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this Site should be mailed or emailed to:
T-Star
P.O. Box 1352
Studio City, CA 91614
Attention: Legal Team
Email Address: .(JavaScript must be enabled to view this email address)
We suggest that you consult your attorney prior to filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
HEALTH INFORMATION
The health information on this Site is for informational purposes only. Furthermore, some of this health information may come from third parties and unless specifically stated, T-Star does not vouch for the correctness of such content.
While we work to ensure that product information is correct, on occasion manufacturers may alter their ingredient lists. T-Star does not assume any liability for inaccuracies or misstatements about products contained on this Site. Additionally, T-Star cannot be held responsible for individual reactions to any products nor can we guarantee the absence of cross-contamination. Actual product packaging and materials may contain more and/or different information than that shown on our Site. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a product. For additional information about a product, please contact the manufacturer.
None of the health information and content is intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition or change in health. Never disregard or delay in seeking professional medical advice because of something you have read on this Site. This Site does not recommend or endorse any specific tests, products, procedures, methods, opinions or other information that may be mentioned on the Site. Reliance on any information provided by or otherwise appearing on this Site is solely at your own risk.
DISCLAIMER AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, T-STAR IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF OR RELIANCE ON ANY T-STAR OR THIRD PARTY CONTENT CONTAINED IN OR INFORMATION SUBMITTED TO THE SITE, OR SERVICES OBTAINED THROUGH THE SITE, AND THE RISK OF DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. THE SITE, CONTENT AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF A THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, ALL OF WHICH T-STAR EXPRESSLY DISCLAIMS. A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) TO YOU CONNECTED WITH USE OF THIS SITE, INCLUDING ITS CONTENT AND REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means T-Star Media, LLC, its subsidiaries and affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of any of them.
T-Star does not guarantee that the functions contained on this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if T-Star is aware of them. Please understand that T-Star disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to: (1) any errors in or omissions from this Site, including but not limited to technical inaccuracies and typographical errors; (2) any third party websites or content therein directly or indirectly accessed through links in this Site; (3) any information which is posted by any third party, including without limitation, information posted on any related blog; (4) the unavailability of this Site or any portion of this Site; (5) your use of this Site; or (6) your use of any equipment or software in connection with this Site.
REGISTRATION
You agree to complete the initial registration process according to the requirements stated on the Site, and to provide T-Star with accurate, complete and updated information as required for the initial registration process, including, but not limited to, your legal name, billing and delivery address, email address, and appropriate telephone contact numbers. You must provide T-Star with an accurate and complete credit card number and expiration date at the time of checkout.
You represent and warrant to T-Star that your use of any credit card is authorized and legal.
ELIGIBILITY
You must be aged 18 or older, and have completed the registration process to participate in any of the online services provided by T-Star. You will receive a user ID and password that you should keep secret. You are entirely responsible for the use of online services pursuant to your user ID and password. You must immediately notify T-Star of any unauthorized use of your user ID or any breach of security that becomes known to you.
CHILDREN
Parents should always supervise their children while online. This Site is not designed nor intended to collect personal information from children under the age of thirteen. So that we may comply with the Children’s Online Privacy Protection Act, we ask that children under the age of thirteen not provide any personal information on this Site.
PRODUCT AVAILAIBILITY
Although T-Star believes that it will have sufficient inventory to fill your orders, it is possible that certain product will be unavailable, from time to time. In the event an item you have ordered is temporarily unavailable, T-Star will complete and fill the remainder of your order and notify you at the time of delivery of those items that are unavailable. T-Star will not, for any reason, redeliver items that are unavailable at the time of delivery or intentionally or unintentionally missing from an order. You will not be charged for items unavailable at the time of delivery and you will be refunded for items intentionally or unintentionally missing from an order. If an item is missing from your order, you have 48 hours from the time of delivery to notify our customer service for a full refund. Refunds will not be given for an item missing from your order after the 48 hour time period has passed.
JURISDICTION
Use of this Site shall be governed by and construed in accordance with the laws of the State of Washington, United States of America, as such laws apply to agreements made and solely performed in Washington. Disputes arising based on this Site or in any way related to this Site shall be exclusively subject to the jurisdiction of the Federal Courts of the United States of America and/or the State Courts of Washington, and jurisdiction therefore shall be solely in Washington.
T-Star makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from outside the United States, please understand that this Site may contain references and/or links to products and services that are not available or are prohibited in your country.
CONSENT TO EMAIL COMMUNICATION
When you visit the Site or send an email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Site.
PRIVACY & SECURITY
For an explanation of our practices and policies related to the collection, use and storage of online information supplied directly or indirectly by you as a result of your use of this Site, please read our Privacy Policy (also found on the Site). By accessing this Site, you are consenting to our information collection and use practices described in these Terms of Use and our Privacy Policy.
T-Star has attempted to take all reasonable steps to have physical, electronic and procedural safeguards in place to protect personal information gathered through this Site. This includes compliance with related federal regulations and may include use of industry-standard Secure Socket Layer (SSL) encryption to prevent any loss, misuse, unauthorized access, disclosure, or modification of personal information. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you do so at your own risk.
GENERAL
These Terms of Use and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed an “original” or “in writing” and to comply with all statutory, contractual, and other legal requirements for writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. No waiver, express or implied, by either party of any breach or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
ENTIRE AGREEMENT
These Terms of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining terms herein.
