TOS

TOS

The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to The Silver Rattle indicates acceptance of these terms and conditions. These terms and conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by The Silver Rattle. The Silver Rattle reserves the right to make changes to this site and these terms and conditions at any time.

Copyright and Trademark Notice

This site is owned and operated by The Silver Rattle unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of The Silver Rattle, Copyright 2004-2010, ALL RIGHTS RESERVED. You may use the content of this site only for the purpose of shopping on this site or placing an order on this site and for no other purpose. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without The Silver Rattle’s prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

The Silver Rattle is a registered trademark of The Silver Rattle. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of The Silver Rattle. The use of any The Silver Rattle trademark or service mark without The Silver Rattle’s express written consent is strictly prohibited.

Disclaimer and Limitation of Liability as to Products Sold

All of The Silver Rattle’s products are guaranteed against defects for 120 days from the date of the invoice. Except as expressly stated herein, The Silver Rattle makes no representations or warranties, either express or implied, of any kind with respect to products sold on the The Silver Rattle site. Except as expressly stated herein, The Silver Rattle expressly disclaims all warranties, express or implied, of any kind with respect to products sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to The Silver Rattle arising from any product sold on the The Silver Rattle sites shall be the price of the product ordered. In no event shall The Silver Rattle, its directors, officers, employees or other representatives be liable for special, indirect, consequential, or punitive damages related to product sold.

Disclaimer and Limitation of Liability as to the The Silver Rattle Web Site

The The Silver Rattle web site and the materials therein are provided “as is”. The Silver Rattle makes no representations or warranties, either express or implied, of any kind with respect to the The Silver Rattle site, its operation, contents, information, or materials. The Silver Rattle expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that The Silver Rattle, its directors, officers, employees or other representatives shall not be liable for damages arising from the operation, content or use of the The Silver Rattle site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, The Silver Rattle shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. The Silver Rattle shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Silver Rattle shall immediately issue a credit to your credit card account in the amount of the charge.

Links

This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that The Silver Rattle is not responsible for the operation of or content located on or through any such site.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Silver Rattle reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Sales Taxes

The Silver Rattle shall automatically charge and withhold the applicable sales tax for orders to be purchased within Virginia. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.

Notice and Procedure for Making Claims of Copyright Infringement

The Silver Rattle and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide The Silver Rattle the written information specified below. Please note that this procedure is exclusively for notifying The Silver Rattle and its affiliates that your copyrighted material may have been infringed.

A description of the copyrighted work that you claim has been infringed upon;

A description of where the alleged infringing material is located;

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;

Your address, telephone number, and e-mail address;

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 behalf of the copyright owner.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

You can send your notice of claim of copyright infringement to:

The Silver Rattle
1611a Colley Ave, Norfolk
Norfolk, VA 23517
(757) 622-4399

Disputes and Jurisdiction

Any dispute relating in any way to your visit to thesilverrattle.com or to products you purchase through thesilverrattle.com shall be submitted to confidential arbitration in the State of Virginia, except that, to the extent you have in any manner violated or threatened to violate thesilverrattle.com’s intellectual property rights, thesilverrattle.com may seek injunctive or other appropriate relief in any state or federal court in the state of Virginia, 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.

If you have any questions about this policy or our site in general, please contact us at: beth@thesilverrattle.com

Copyright 2004-2010 The Silver Rattle. All rights reserved.