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").
1. Acceptance of Terms of Service
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.
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.
7. User Communications
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.
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.
11. Applicable Law
12. Remedies for Breach of these Terms by You
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.
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:
Tom's of Maine, Inc.
302 Lafayette Center
Kennebunk ME 04043
15. Contact Us
We welcome your comments and questions. Please contact us at:
Tom's of Maine, Inc.
302 Lafayette Center
Kennebunk, ME 04043
Copyright © 2010 Tom's of Maine, Inc. All rights reserved. Any rights not expressly granted herein are reserved.