PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this site.
This agreement may be amended at any time by us without specific notice to you.
The latest Agreement will be posted to the Site and you should review this
Agreement prior to using the Site.
Copyright
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. Permission is
granted to electronically copy and print hard copy portions of this site for
the sole purpose of placing an order with Through the
Moongate, LLC or purchasing Through
the Moongate, LLC products. 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, or to place an order with Through the Moongate, LLC or to purchase Through the Moongate, LLC products. 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 Through the Moongate,
LLC. You further agree not to change or delete any proprietary notices from
materials downloaded from the site. Some of the content on the site is the
copyrighted work of third parties.
Trademarks
All trademarks, service marks and trade names of Through
the Moongate, LLC used in the site are trademarks or registered
trademarks of Through the Moongate,
LLC. Other product and company names mentioned on the Site may be trademarks of
their respective owners.
Warranty Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law, Through
the Moongate, LLC disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose
and non-infringement. Through the Moongate,
LLC does not represent or warrant that the functions contained in the site will
be uninterrupted or error-free, that the defects will be corrected, or that
this site or the server that makes the site available are free of viruses or
other harmful components. Through the Moongate,
LLC 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. Some states do not permit
limitations or exclusions on warranties, so the above limitations may not apply
to you.
Limitation of Liability
Through the Moongate, LLC shall
not be liable for any special or consequential damages that result from the use
of, or the inability to use, the materials on this site or the performance of
the products, even if Through the Moongate,
LLC 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.
Typographical Errors
In the event that a Through the Moongate,
LLC product is mistakenly listed at an incorrect price, Through
the Moongate, LLC reserves the right to refuse or cancel any
orders placed for product listed at the incorrect price. Through
the Moongate, LLC reserves 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 cancelled, Through the Moongate,
LLC shall issue a credit to your credit card account in the amount of the
incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the
site and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may
be terminated by Through the Moongate,
LLC without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Through the Moongate, LLC 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 Through the Moongate, LLC.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the
state of New Jersey, U.S.A., without
regard to choice of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that jurisdiction over
and venue in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of Through the Moongate, LLC products) shall be in the
state or federal courts located in Middlesex County, New Jersey. Any cause of
action or claim you may have with respect to the site (including but not
limited to the purchase of Through the Moongate,
LLC products) must be commenced within one (1) year after the claim or cause of
action arises. Through the Moongate,
LLC'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. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and conditions. Through the Moongate, LLC may assign its rights and
duties under this Agreement to any party
at any time without notice to you.
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 Through the Moongate,
LLC 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.
Participation Disclaimer
Through the Moongate, LLC
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, Through the Moongate, LLC
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, Through the Moongate,
LLC 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 Through the Moongate,
LLC in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Through
the Moongate, LLC, its officers, directors, employees,
agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Through the Moongate, LLC may link to sites operated
by third parties. However, even if
the third party is affiliated with Through the Moongate, LLC, Through
the Moongate, LLC has no control over these linked sites, all
of which have separate privacy and data collection practices, independent of Through the Moongate, LLC. These linked sites are
only for your convenience and therefore you access them at your own risk.
Nonetheless, Through the Moongate,
LLC seeks to protect the integrity of its web site and the links placed upon it
and therefore requests any feedback on not only its own site, but for sites it
links to as well (including if a specific link does not work).