Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

This website, www.tomsofmaine.com (the "Site" or "Tom's of Maine Site"), is owned and operated by Tom's of Maine, Inc. ("Tom's of Maine").

BY USING THIS SITE YOU ARE AGREEING TO THESE TERMS OF USE WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT USE THIS SITE.

1. Acceptance of Terms of Service

Whether you are visiting this Site or registering to participate in the discussions, ask a question, or receive a newsletter, these Terms of Use will govern your use of the Site. If you do not agree to these Terms of Use, please do not register with or enter the Site. These Terms of Use are available at a link at the bottom of each page on the Site. Tom's of Maine reserves the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use before using the Site to determine whether a change has been made. If you do not agree to the changes in the Terms of Use as they occur, you should exit and not use the Site. If you have previously registered with Tom's of Maine, you also should terminate your registration immediately by notifying Tom's of Maine (see contact information below). Your continued use of the Site will signify your acceptance of any change in the Terms of Use.

From time to time, Tom's of Maine may supplement these Terms of Use with additional terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.

2. Use of Site

You may freely browse the Tom's of Maine Site and may download material we make available for download on the Site. Any and all downloaded materials may only be used by you for personal, non-commercial use. You may not distribute, modify, transmit, reuse, repost or use any of such materials for public or commercial purposes without the express written permission of Tom's of Maine. All copyright and other proprietary notices contained in downloaded materials must be preserved and retained.

Any use by you of any other subscriber's information, personal or otherwise, including any commercial purpose or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Use. You agree that you will not use Tom's of Maine Site for chain letters, junk mail, 'spamming,' solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.

You will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs or other malicious or harmful programming (collectively, "Viruses"). We do not have an obligation to detect the presence of such Viruses. You may not use the Site in connection with requesting, harvesting, obtaining or storing any personal information, passwords, account information or information about other users of the Site. You may not use any data mining, robots, or similar data gathering and extraction tools in connection with the Site. If you download software or any other content from the Site, you do so at your own risk.

3. This Site Does Not Provide Any Medical Advice

Information on this Site is provided for informational purposes only and is not a substitute for the advice provided by your physician or other healthcare professional or for any information contained on or in any product label or packaging. If you have or suspect that you have a medical problem, promptly contact your doctor or other healthcare provider.

4. Copyright and Trademarks

"Tom's of Maine," "Tom's" and all logos, trademarks, page headers, custom graphics and icons are trademarks, trade dress, and/or service marks owned by Tom's of Maine and others, and may not be used without the express written permission of Tom's of Maine.

Our Site contains information, data, software, photographs, graphics, audio, videos, text, images, typefaces, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights. All Content is the copyright protected work of Tom's of Maine and others, and is protected under U.S. and international copyright law. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All rights to such Content are reserved to their respective copyright owners. Permission is granted to use photographs and logos in the Images Download section of the Press page with copyright notice and attribution given to Tom's of Maine unless otherwise noted. Except as provided in the preceding sentence, you may not upload, post, reproduce, or distribute in any way Content, without obtaining permission of Tom's of Maine or the owner of the copyright or other proprietary right. Any other use of the Content on this Site, including reproduction for purposes other than as noted above, modification, distribution, replication, commercial or other use, without our prior written permission, is strictly prohibited.

5. Registration Information/Privacy Policy

Please refer to Tom's of Maine's Privacy Policy for information about our registration process, what information we collect on this Site and how we treat your personal information.

6. Termination

Tom's of Maine reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Use; and/or (ii) your registration(s) with or ability to access Tom's of Maine Site and/or any other service provided to you by Tom's of Maine.

7. User Communications

You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with Tom's of Maine on the Site, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively "User Communications"). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity or any other applicable laws. Tom's of Maine does not endorse or sponsor any such User Communications submitted by you or other users of the Site. Tom's of Maine reserves the right to terminate your registration and/or deny you access if it determines, in its sole discretion, that you are violating these Terms of Use, or applicable law, or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, or service provider.

You are prohibited from posting, uploading, submitting, sharing or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Tom's of Maine will fully cooperate with any law enforcement authorities or court order requesting or directing Tom's of Maine to disclose the identity of anyone posting any such information or materials.

Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment or attribution. You hereby grant to Tom's of Maine, and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. Further, Tom's of Maine, and its affiliates, are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products. We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify Tom's of Maine of any objectionable User Communications. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

8. Links to Other Websites

This Site may contain links to other websites. Tom's of Maine assumes no responsibility for the content or functionality of any non-Tom's of Maine website to which we provide a link.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF TOM'S OF MAINE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOM'S OF MAINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

TOM'S OF MAINE MAKES NO WARRANTY THAT THE TOM'S OF MAINE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN NO EVENT WILL TOM'S OF MAINE BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF TOM'S OF MAINE SITE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

TOM’S OF MAINE DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOAD FROM THIS SITE WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK.

ANYTHING HEREIN TO THE CONTRARY NOTWITHSTANDING, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR SITE. EXCEPT AS EXPRESSLY STATED ON THIS SITE, TOM'S OF MAINE MAKES NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE SITE.

10. Indemnification

You agree to indemnify, defend, and hold harmless each of Tom's of Maine, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of this Site, the violation of these Terms of Use by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity.

11. Applicable Law

We provide our Site from our offices within the United States. We make no representation that the content on our Site is appropriate, legal or available for use in other locations. You may not use or export the content in violation of United States export laws and regulations. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maine, without giving effect to its conflicts of laws provisions. By registering for, entering or using the Site, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Maine.

12. Remedies for Breach of these Terms by You

In the event that Tom's of Maine determines, in its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Site, Tom's of Maine reserves the right to (i) warn you via e-mail that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Site; (iii) discontinue your registration(s) with the Site and/or any other Tom's of Maine community; (iv) discontinue your access to the Site, (v) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (vi) any other action which Tom's of Maine deems to be appropriate.

If your registration(s) with or ability to access the Tom's of Maine Site, any other Tom's of Maine community and/or any other service provided to you by Tom's of Maine is discontinued by Tom's of Maine hereunder, then you agree that you shall not attempt to re-register with or access the Site, any other Tom's of Maine community and/or any other service provided by Tom's of Maine, through use of a different member name or otherwise.

13. Miscellaneous

In the event that any provision of the Terms of Use conflicts with applicable law under which or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. Any failure by Tom's of Maine to insist upon or enforce strict performance of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

You represent to Tom's of Maine that you have the authority to register with or visit the Tom's of Maine Site according to these Terms of Use. Tom's of Maine does not encourage, solicit, or permit visitors who are known to be under the age of 13 to register with or visit the Site.

These Terms of Use and any Additional Terms (as such terms shall be identified when posted on the Tom's of Maine Site by Tom's of Maine) constitute the entire understanding between the parties as to the subject matter here of, and supersede all prior agreements and understandings.

14. Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on our Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; Identification of the URL or other specific location on our Site where the material that you claim is infringing your copyright interest is located; your address, telephone number, and email 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. Tom's of Maine may, but is not required, at its sole discretion investigate such matter and take whatever action, if any, it deems appropriate in its sole discretion.

Our agent for notice of claims of copyright infringement on our Site can be reached as follows:

By mail:

Tom's of Maine, Inc.
302 Lafayette Center
Kennebunk ME 04043
By email: info@tomsofmaine.com

15. Contact Us

We welcome your comments and questions. Please contact us at:

Tom's of Maine, Inc.
302 Lafayette Center
Kennebunk, ME 04043
1-800-FOR-TOMS
info@tomsofmaine.com

COPYRIGHT NOTICE

Copyright © 2010 Tom's of Maine, Inc. All rights reserved. Any rights not expressly granted herein are reserved.