Terms of Use
TERMS OF USE: MICHAEL THOMAS COLLINS : https://www.michaelthomascollins.com


OVERVIEW AND DEFINITIONS: Throughout the Site and associated documents, the terms “we”, “us”, “my”, “i” and “our” refer to MICHAEL THOMAS COLLINS, the provider of Site and Services. Any person or entity accessing or using our Site and Services (“User(s)”) is bound by all Terms as defined below. We offer this website at https://www.michaelthomascollins.com (“Site”), including all information, Products and resources (“Service(s)”) available from this Site to you, the User, conditioned upon your acceptance of all Terms, conditions, policies and notices stated here, as well as those terms and conditions outlined in our Terms of Sale at https://www.michaelthomascollins.com/terms-sale/ and in our Privacy Policy available at https://www.michaelthomascollins.com/privacy-policy/ collectively referred to as the Terms of Use (“Terms”). These Terms apply to all Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/or contributors of content. Please read these Terms carefully before accessing or using our website. By accessing or using any part of the Site, you the User agree to be bound by these Terms. If you do not agree to all the Terms of this agreement, then you may not access the Site or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new features or tools which are added to the Site will also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at https://www.michaelthomascollins.com/terms-use/. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes and changes to any other Terms. Our Services and Site content are our intellectual property and copyright ©MICHAEL THOMAS COLLINS. All Rights Reserved. All trademarks and service marks on our Site and/or Services not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on our Site and/or Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks, service marks, images or content without our express prior written consent.

1. ONLINE SHOP TERMS: By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. Our store payments are processed by Stripe Payment Processing Platform and once entering payment you are agreeing to use Stripe under their policies available at https://stripe.com. You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws). Our Services, Site and content are controlled and operated from The State of New Jersey in the United States and are not subject to the laws or jurisdiction of any other state, country or territory. Those who choose to access the Services of MICHAEL THOMAS COLLINS do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, regulations and Terms. We may limit the availability of our Site and/or Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.  A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. GENERAL CONDITIONS: We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any images or any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the Service is provided, without express written permission by us. This Site is provided “as is,” with all faults, and MICHAEL THOMAS COLLINS express no representations or warranties, of any kind related to this Site or the materials contained on this Site. Also, nothing contained on this Site will be interpreted as advising you. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

3. DETAILS AND MODIFICATIONS OF PRODUCTS OR SERVICES: We are not responsible if information made available on this Site is not accurate, complete or current.  We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. The text, images, pricing and availability of Products are subject to change without notice and we reserve the right to modify the contents of this Site at any time, or discontinue the Service at any time, and we have no obligation to update any information on our Site. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this Site is void where prohibited.  You agree that it is your responsibility to monitor changes to our Site. We will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service. Certain Products or Services may be available exclusively online through the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our return policy outlined in our Terms of Sale. We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color or the framing and/or resolution of an image will be an accurate representation of a Product received. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4. ACCURACY OF BILLING AND ACCOUNT INFORMATION: We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or by fraudulent means. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

5. THIRD-PARTY LINKS: Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we will not have any liability or responsibility for any third-party materials, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS: If, at our request, you send certain specific submissions, or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us, that any ideas or suggestions that you submit will be owned by us, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to us. We are and will be under no obligation to maintain any Comments in confidence; to pay compensation for any Comments; or to respond to any Comments. If you intend to retain any intellectual property rights in your ideas and suggestions (patent, trade secrets, copyright, trademark, etc.), please do not submit them to us without our prior written approval. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree that your Comments will not violate any right, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to your origin and identity. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

7. PERSONAL INFORMATION: Your submission of personal information through our Service is governed by our Privacy Policy available at www.michaelthomascollins.com/privacy-policy/.

8. ERRORS, INACCURACIES AND OMISSIONS: Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We will not be held liable for any such inaccuracies throughout the Site or Services. We reserve the right, at our sole discretion, to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Site or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our Site or Services, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on our Site or Services should be taken to indicate that all information on our Site or Services has been modified or updated.

9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY: We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all Products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation or warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and durability. In no case will MICHAEL THOMAS COLLINS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

10. PROHIBITED USES AND RESTRICTIONS: In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site contents for: (i) publishing any Site material in any other media; (ii) selling, sub-licensing and/or otherwise commercializing any Site material; (iii) publicly performing and/or showing any Site material; (iv) using this Site in any way that is or may be damaging to this Site or Service; (v) using this Site in any way that impacts user access to this Site; (vi) engaging in any data mining, data harvesting, data extracting or similar activity related to this Site; (vii) using this Site to engage in any advertising or marketing; (viii) for any unlawful purpose; (ix) to solicit others to perform or participate in any unlawful acts; (x) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (xi) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (l) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (xii) to submit false or misleading information; (xiii) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (xiv) to collect or track the personal information of others; (xv) to spam, phish, pharm, pretext, spider, crawl, or scrape; (xvi) for any obscene or immoral purpose; and/or (xvii) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site and/or Service for violating any of the prohibited uses. Certain areas of this Site are restricted from being accessed by you and MICHAEL THOMAS COLLINS may further restrict access by you to any areas of this Site, at any time, in absolute discretion. Any user ID and password you may have for this Site are confidential and you must maintain confidentiality as well.

11. INDEMNIFICATION: You agree to indemnify, defend and hold harmless MICHAEL THOMAS COLLINS and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. SEVERABILITY: In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms of Use, such determination will not affect the validity and enforceability of any other remaining provisions. All paragraph captions in this Agreement are for reference only, and will not be considered in construing this Agreement.

13. CONTACT INFORMATION: Questions about the Terms of Use should be sent to us at support@michaelthomascollins.com.

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