Terms and Conditions
The following rules ("Terms and Conditions") govern the use of the Web site located at, or linked to, the URL www.ttcaps.com and the services, information, and content that may be offered on such site (the "Site"); any current Affiliate Program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links. Please read the following Terms and Conditions carefully.
If we maintain any co-branded Web sites with one or more of our business partners (which Web site contains a link to these Terms and Conditions), then such co-branded websites are also governed by these Terms and Conditions.
Intellectual Property Rights
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Town Talk. All audio and video clips are the sole property of Town Talk or our respective content providers. The content and software on our Site is the property of Town Talk and/or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. All rights not expressly granted herein are reserved.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Site are the property of Town Talk and is protected by U.S. and international copyright laws.
We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Site, you warrant that the information does not infringe the copyrights or other rights of third parties.
Representations by You
By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material.
Accounts – Use and Protection of Password and ID
During the registration process you will be asked to select a unique password for access to certain portions of the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under the password. By logging into the Site, you represent and warrant that: (i) you are the customer who registered for use of the Site; (ii) that you are using the Site only for permitted purposes; (iii) you are not a competitor of Town Talk, or agent thereof; (iv) you will immediately notify us of any unauthorized use of the password or account or any other breach of security; and (v) you will ensure that you exit from your account at the end of each session.
You also represent and warrant that: (i) you will not select or utilize a user name of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a user name that Town Talk in its sole discretion deems offensive.
We may assign a password and account ID to you so you can access and use certain areas of this Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and we have no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify us of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security.
Rights You Grant to Town Talk
Advertising. You agree that Town Talk may display advertisements and promotions of all kinds through the Site.
Account Access. You agree that Town Talk employees have access to your account and records as reasonably needed to investigate complaints and perform Customer Service functions.
Submissions. You grant to Town Talk an exclusive, royalty-free, worldwide, perpetual and transferable license (with the right of sublicense) to use, copy, reproduce, distribute, display, perform, sell, lease, transmit or create derivative works from any and all content, information ideas and know-how (including without limitation any comments or ideas relating to new or improved Town Talk products or services) that you submit to us by any means and in any form (collectively, “Submissions”) and to translate, modify, reverse engineer, disassemble, or decompile such Submissions.
Typographical Errors: Accuracy of Information
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 received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We 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, we shall immediately issue a credit to your credit card account in the amount of the charge.
Please note that the appearance of items and products may depend on your monitor and may not be correctly displayed.
The availability of products and other items on the Site may change at any time, without notice.
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. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Kentucky, Indiana, Ohio and Tennessee. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state..
Links and Search Results
Our Site may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site.
Violations of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any communications, reviews, comments, feedback, postings, materials, or other content on our Site you provide to us in connection with the Site ("User Content") if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Town Talk or another user.
Governing Law and Jurisdiction; Limit on Commencing Actions
This Agreement is governed by the laws of the Commonwealth of Kentucky, U.S.A. without regard to the conflicts of laws principles thereof. You consent to the exclusive jurisdiction and venue of the state and federal courts in Jefferson County, Kentucky in all disputes arising out of or relating to the use of this Site. The Convention for the International Sale of Goods shall not apply to any transactions effected through this Web site.
To the extent permitted by law, you agree to commence any cause of action or claim against Town Talk within one (1) year after the cause of action or claim arises, otherwise you agree that your cause of action or claim shall be barred.
This Site can be accessed from countries other than the United States. This Site may contain Town Talk products or services, or references to Town Talk products or services, that are not available outside of the United States. Any such references do not imply that such Town Talk products or services will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.