Terms and Conditions of Service
A. By entering tracysales.com, you certify the following information and understand that we are relying on such certification and agreement to these terms of service for allowing entry into the site. You hereby certify under un-sworn declaration of perjury the following:
That you are 18 years of age or older;
That you are familiar with all local laws in your area affecting your legal right to access erotica or adult-oriented materials;
That you have the legal right to access adult-oriented materials and tracysales.com has the legal right to transmit them to you; that you are requesting adult-oriented materials for your own private enjoyment and that you will never share these materials with a minor or in ANY WAY make these materials available to a minor.
B. CUSTODIAN OF RECORDS
All persons who appear in any visual depiction contained in this site were eighteen years of age or older at the time of the creation of such depictions. The records required by Section 2257 of Title 18 of the United States Code with respect to visual depictions of actual sexually explicit conduct are kept by the custodian of records except with regard to visual depictions of actual sexually explicit conduct made before July 3, 1995, which are exempt from the requirements set forth in 18
U.S.C. 2257 and 28 C.F.R. 75.
C. TRADEMARKS
tracysales.com and Tracy Sales are trademarks of Tracy Sales LLC. and may be used publicly only with express written permission. Other trademarks and service marks featured on the site are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
D. COPYRIGHTS
Except for public domain material and electronic messages, all materials on this site are protected by Federal copyright and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of the site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of the sites owner. Except as expressly stated in the Limited License provision in these Terms of Use, no grant of any express or implied right to you under any of her trademarks, copyrights or other proprietary information are given.
E. LIMITED LICENSE
tracysales.com provides the materials on this site for the personal, non-commercial use by viewers, fans, visitors, subscribers and/or potential subscribers of said site. Users of this site are granted a single copy license to only view (on a single computer only). That the viewing of said information does not constitute the right to print or copy of any of the information made available for viewing on this site. The viewing of information on this site is for personal, non-commercial use only. Site owner reserves the right to limit the amount of materials viewed. Commercial use of any material located on it, is strictly prohibited. In addition, users of this site may not:
(i) modify any of the materials found in any area of this site, download or copy any material from this site; (ii) use any of the materials found in any area of this site for any public display, performance, sale or rental; (iii) remove, modify or alter any copyright or other proprietary notice, or trademarks from any of the materials found in any area of the site; or (iv) otherwise transfer any material located in any area of this site to any other person or entity. Site owner reserves the right to terminate this license at any time if you breach or violate any provision of this Terms of Use agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from this site. Site owner reserves all other rights coincident or related to this site.
F. DISCLAIMER
THE MATERIALS ON THIS SITE ARE PROVIDED AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. SITE OWNER OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. SITE OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. SITE OWNER MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE INCLUDING THE TERMS OF SERVICE WITHOUT NOTICE. SITE OWNER MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SITE OWNER BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIAL OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF SITE OWNER HAS BEEN ADVISED OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
G. APPLICABLE LAW
By visiting tracysales.com, you agree that the laws of the state of New York, 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 tracysales.com or its affiliates.
H. DISPUTES
Any dispute relating in any way to your visit to tracysales.com or to products you purchase through tracysales.com shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate tracysales.com's intellectual property rights, tracysales.com may seek injunctive or other appropriate relief in any state or federal court in the state of New York, 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.
I. PRICING
Items in your Shopping Cart will always reflect the most recent price displayed on the item's product detail page. Please note that this price may differ from the price shown for the item when you first placed it in your cart. With respect to items sold by
tracysales.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 lower than our stated price, we charge the lower amount and ship you the item.
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.
TRACY SALES COMMUNICATIONS
When you visit tracysales.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. |
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