TERMS OF SERVICE
"wherehouse" and the other marks indicated on our Site are registered trademarks, trademarks or service marks of wherehouse.com and its affiliates. All custom graphics, icons, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Record Town, Inc. or its affiliates. All other trademarks or service marks are property of their respective owners. The use of any wherehouse.com trademark, service mark or trade dress without wherehouse.com's express written consent is strictly prohibited.
- Registration; Customer Accounts; Use of Site. Certain services offered on or through the Site require you to first open a My Account. You are responsible for maintaining the confidentiality of your My Account information, including your password, and for all activity that occurs under your account. You agree to notify wherehouse.com immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by wherehouse.com or any other user of the Site due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer My Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your My Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the My Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
While wherehouse.com takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL wherehouse.com OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER wherehouse.com WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
- Consent To Our Communication With You By Email. By establishing a My Account with us, and each time you make a purchase through our Site, you grant permission for wherehouse.com to contact you at your email address. By entering into the sweepstakes, you are subscribing to any email communications from wherehouse.com. To stop receiving our marketing emails, follow the opt-out procedures set forth in such marketing emails, or send an email to us at firstname.lastname@example.org.
- Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions ("United States"). Prior to the purchase of any goods or services on our Site via credit card, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are subject to the wherehouse.com Return Policies (click here to view).
- 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. wherehouse.com reserves the right at any time after receipt of your order to accept or decline your order for any reason. wherehouse.com further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by wherehouse.com upon our delivery of products or services that you have ordered. All orders placed over $500.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. wherehouse.com is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
- Pricing Information.
- Pricing May Differ from Retail Stores. Pricing on the wherehouse.com Site may vary from wherehouse retail store sale pricing. Many titles are always ON SALE at the wherehouse.com Site, and we may advertise the existing sale price to bring attention to specific product without changing the existing sale price. Sorry, wherehouse.com cannot adjust an existing order for a current sale price; although wherehouse.com reserves the right to determine if sale pricing will apply and to adjust pricing.
- No Responsibility To Sell Mispriced Products Or Services. swherehouse.com shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. wherehouse.com 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, wherehouse.com shall immediately issue a credit to your credit card account in the amount of the charge.
- Modifications to Prices or Billing Terms. wherehouse.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY EMAIL DELIVERY TO YOU.
- Price Comparisons, "List Price" and "You Save". Price comparisons may be made throughout the site to indicate the relative savings amounts of our pricing. "LIST PRICE" is the suggested retail price provided to us by our suppliers. We make no representation that a substantial number of these products have been sold or offered for sale at the list price. Actual retail prices in your area may be substantially different. Because we sell our merchandise over the internet on a national basis, it is not possible to know if our merchandise is sold at list price in any particular location or at any particular time. "YOU SAVE" reflects the difference between our price and the supplier provided list price shown on our sites. Because the list price may be different than the actual retail prices in your area, you may not actually realize a savings of this amount and may want to make an exact comparison for yourself by checking the prices of other internet or local retailers prior to making a purchase.
- Service and Support for Goods Sold. All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
- Disclaimer of Warranties. THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS." ALL OF wherehouse.com'S PHYSICAL PRODUCTS ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE.EXCEPT AS EXPRESSLY STATED HEREIN, wherehouse.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE wherehouse.com SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.
- Policy to Terminate Privileges for Copyright Infringement. In accordance with the Digital Millennium Copyright Act, wherehouse.com has adopted the following policy toward copyright infringements on the wherehouse.com Site:
"wherehouse.com will block access to and/or remove any material that it believes in good faith to be copyrighted material that has been illegally copied and submitted to our site."
Procedure for Reporting Copyright Infringements:
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide wherehouse.com's copyright agent the a formal Notice of Copyright Infringement, as specified below. Please note that this procedure is exclusively for notifying wherehouse.com and its affiliates that your copyrighted material has been infringed. A formal Notice of Copyright Infringement, containing the following information, should be submitted to the Designated Copyright Infringement Agent:
Identification of what is being infringed
Where the infringements are located
Who is complaining
How he or she may be contacted
A statement of good faith belief that the material is infringing
A statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder
Send the Notice of Copyright Infringement to the following Designated Copyright Infringement Agent for wherehouse.com:
Copyright Agent of wherehouse.com
Record Town, Inc.
38 Corporate Circle
Albany, New York 12203
Attn: Director of CRM
Fax (518) 452 -7833
Once this information is received, the following action will be taken:
The infringing material or site will be blocked.
The infringing user will then be immediately notified of the situation.
In the case of first-time offenders, the infringing material will be removed.
To the extent possible, repeat offenders will be removed permanently from the system.
The user may supply a counternotice which must include the following:
A statement that the user has a good faith belief that the removal was a result of a misidentification on our part
A complete listing of the user's contact information
A consent to jurisdiction in Federal Court
If this counternotice is received by the wherehouse.com Copyright Agent, a copy of the counternotice will be sent to the original complaining party.
The user's material and access will be restored in 10 to 14 days unless the wherehouse.com Copyright Agent is informed that a lawsuit has been filed over the infringing material.
- Patents. One or more patents owned or licensed by TWEC or its affiliates may apply to this site and/or features and services provided by TWEC in its retail stores. United States Patent Numbers: 7,174,312; 6,467,318; D552,568; D553,107; and D360,230.