TERMS & CONDITIONS
All users of the web site(s) (the “site”) of The Vermont Teddy Bear Company, Inc d/b/a The PajamaGram Company. (“VTBC”) agree that access to, and use of, the
agree to these terms and conditions, please do not use this site.
- Copyright; Trademarks
- The entire content included in this site, including but not limited to text, graphics, or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of VTBC. The collective work includes works that are licensed to VTBC. Copyright 2014, VTBC, ALL RIGHTS RESERVED.
VTBC does not investigate to determine if such works are accurate nor can VTBC provide assurance that all such works are free of typographical errors. VTBC
cannot guarantee information displayed on this site to be 100% accurate. You may display and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use. No
mechanized or other systematic process for harvesting information from the web site for any purpose, including without limitation, any commercial purpose, is
permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly
prohibited, unless authorized by VTBC. You further agree not to change or delete any proprietary notices from materials downloaded from the site. VTBC may
revoke any of the foregoing rights as well as any access to this site at any time. All trademarks, service marks, and trade names of VTBC used in this site
are trademarks or registered trademarks of VTBC.
- Warranty Disclaimer
- THIS SITE AND ALL MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VTBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. VTBC DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. VTBC DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be modified by VTBC without notice at
any time, for any reason.
- VTBC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to VTBC.
- Use of Site
- Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a VTBC employee or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may
not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which
may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization. Use of the site for any illegal or unauthorized purpose is strictly prohibited. VTBC
may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users for any reason, including any of the foregoing.
You understand and agree that VTBC cannot be responsible for the content posted on the site by users and that your use of the site is at your own risk. VTBC
is under no circumstances liable in any way for any content posted on the site or for any damages of any kind incurred as the result of the use of any content
posted or otherwise made available on the site by users.
- User Generated Content
- Notwithstanding anything to the contrary in these terms and conditions, with respect to content you submit or make available for inclusion on the site, you
grant VTBC permanent world-wide, royalty free, and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform, and publicly
display such content on the site or in any other medium for any purpose.
- Participation Disclaimer
- VTBC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the
content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the
site, VTBC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or
activities on the site. However, VTBC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive
or otherwise unacceptable to VTBC in its sole discretion.
- You agree to indemnify, defend, and hold harmless VTBC, its officers, directors, employees, agents, licensors and suppliers from and against all losses,
liabilities, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, any content you
post to or make available on the site, or any activity (including negligent or wrongful conduct) by you or any other person accessing the site using your
- Limitation of Liability
- VTBC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS
SITE OR THE MATERIALS ON THIS SITE, EVEN IF VTBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You acknowledge and agree that VTBC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms and conditions; (c) respond to claims that any
content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of VTBC, VTBC site users, and the public.
You understand that the technical processing and transmission of the site, including your content, may involve (a) transmissions over various networks and (b)
changes to conform and adapt to technical requirements of connecting networks or devices.
- Third-Party Links
- In an attempt to provide increased value to our visitors, VTBC may link to sites operated by third parties. However, even if the third party is affiliated
with VTBC, VTBC has no control over these linked sites, all of which have separate privacy and data collection practices, independent of VTBC. These linked
sites are only for your convenience and therefore you access them at your own risk.
- Your use of this site shall be governed in all respects by the laws of the State of Vermont, U.S.A., without regard to choice of law provisions. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site shall be in the state or federal courts
located in Vermont. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of
action arises or is barred forever. VTBC’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. These terms and conditions constitute the entire agreement between you and VTBC with regard to your use of
this site. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. VTBC may assign its
rights and duties under this Agreement to any party at any time without notice to you.