Terms of Use

Welcome to the website (the “Site”) of TM Designs LLC (“TM Designs”) TM Designs provides its locker shelf product and related services to you subject to the notices, terms, and conditions set forth in these Terms of Use. TM Designs reserves the right to change this Site and these Terms of Use at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THESE TERMS OF USE, SO PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

These Terms and Conditions apply to any order, purchase, receipt, delivery or use of the locker shelf product (collectively, “purchase”) from TM Designs, unless you enter into a separate written agreement with TM Designs. THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION CLAUSE. PLEASE SEE SECTION 6 BELOW.

1. Payment Terms

Internet Sales: Advertised prices are in U.S. dollars and exclude shipping, handling and taxes unless otherwise noted. You are responsible for paying all taxes associated with your order. In most instances, TM Designs does NOT charge sales tax UNLESS your order is shipped to an address within the state of New Jersey. New Jersey State law requires that we charge sales tax on the full amount of the order, not including shipping, if shipped within the state of New Jersey. All shipments to New Jersey addresses are charged sales tax at the rate of 7%. TM Designs may change prices without notice to you before TM Designs enters your order and may modify and substitute components without notice to you prior to shipping. Payment is due at the time of order.

Distributor Sales: TM Designs makes its locker shelf product available through independent distributors. Prices, payment terms and sales tax collection is the responsibility of each distributor, and TM Designs has no control over the policies of its distributors.

2. Shipping and Title

Internet Sales: TM Designs will arrange to ship the locker shelf product to you. Title and risk of loss to products pass to you when TM Designs’ designated shipper delivers products to the address you specify. You must notify TM Designs of damaged or missing items from your order within five (5) days after you receive your product.

3. Product Limited Warranty

TM Designs warrants that the locker shelf product will be free from defects in materials and workmanship for one year from the date of shipment. If within one year from the date of date of shipment, the locker shelf product fails due to a defect in materials or workmanship, TM Designs, at its option will (a) repair or replace it free of charge, or (b) refund the amount you paid for the locker shelf product. The warranty does not apply to:

(a) Damage caused by accident, abuse, mishandling or dropping; or

(b) Use of a locker shelf product for any purpose other than as a storage shelf in a school locker, in accordance with the directions for use.

This warranty service is available by mailing the locker shelf product, postage prepaid, to TM Designs at P.O. Box 69 Kendall Park, NJ 08824. Please be sure to wrap the product securely when mailing to avoid damage.
THIS LIMITED WARRANTY DOES NOT COVER MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATIONS OR WHICH DO NOT MATERIALLY ALTER FUNCTIONALITY. TM DESIGNS DOES NOT WARRANT AND IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY MISUSE, ABUSE, ACCIDENTS, UNAUTHORIZED SERVICE OR PARTS, OR THE COMBINATION OF THE LOCKER SHELF PRODUCT WITH OTHER PRODUCTS.

4. Disclaimer of Warranties; Limitation of Liability

EXCEPT FOR THE WARRANTIES EXPRESSED IN THESE TERMS OF USE, TM DESIGNS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED ARE LIMITED TO THE TERM OF THESE TERMS OF USE.

TM DESIGNS’ MAXIMUM LIABILITY TO YOU IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE LOCKER SHELF PRODUCT PLUS INTEREST AS ALLOWED BY LAW. TM DESIGNS IS NOT LIABLE TO YOU IF TM DESIGNS IS UNABLE TO PERFORM DUE TO EVENTS TM DESIGNS IS NOT ABLE TO CONTROL, SUCH AS ACTS OF GOD, OR FOR PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA OR OTHER CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OTHER THAN THOSE DAMAGES THAT ARE INCAPABLE OF LIMITATION, EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

5. Applicable Law

By visiting this Site, you agree that the laws of the State of New Jersey, without giving effect to any principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and TM DESIGNS or any of its affiliates.

6. Dispute Resolution

Any Dispute arising under or related to the locker shelf product or these Terms of Use , or any disputed claim by either party against the other (other than requests for injunctions or preliminary relief) shall be settled by arbitration before one arbitrator in accordance with the Expedited Procedures provisions Commercial Arbitration Rules of the American Arbitration Association. The Arbitration will be held in New Brunswick, New Jersey. The arbitration award shall be final and binding regardless of whether one of the parties fails or refuses to participate in the arbitration, and judgment upon the award may be entered in any court having jurisdiction thereover. The arbitrator is empowered to hear and determine all such Disputes between the parties concerning the formation, subject matter and enforcement of these Terms of Use, and the arbitrator may award monetary damages, including interest, restitution and costs. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that you have expressly and knowingly waived those rights and agreed to resolve any controversy or dispute through binding arbitration in accordance with the provisions of this paragraph. This arbitration provision shall be governed by the Federal Arbitration Act, 9 U.S.C. Section 1, et seq. For the purposes of this provision, the term “Dispute“ means any dispute, controversy, or claim arising out of or relating to (i) these Terms of Use, their interpretation, or the breach, termination, applicability or validity thereof, (ii) the related order for, purchase, delivery, receipt or use of the locker shelf product or any product or service from TM Designs, or (iii) any other dispute arising out of or relating to the relationship between You and TM Designs; the term “TM Designs“ means TM Designs, Inc, its parents, subsidiaries, affiliates, directors, officers, employees, beneficiaries, agents, assigns, component suppliers, and/or any third party who provides products or services purchased from or distributed by TM Designs; and the term “You“ means you, or those in privity with you, such as family members or beneficiaries.

7. General

You may not assign your rights under these Terms of Use without TM Designs’ written consent. TM Designs and its subsidiaries and affiliates are intended beneficiaries of these Terms of Use. If there is any inconsistency between these Terms of Use and any other agreement included with or relating to the locker shelf product or any products or services purchased from TM Designs, these Terms of Use shall govern. These Terms of Use may not be modified, altered or amended without the written agreement of TM Designs. Any additional or altered terms attached to your order shall be null and void, unless expressly agreed to in writing by TM Designs. If any term in these Terms of Use is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.

8. Blog Postings, etc.

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  2. 2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  3. 3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  4. 4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming“), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  5. 5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  6. 6. Impersonates any person or entity, including any of our employees or representatives.

You also acknowledge that content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with TM Designs . We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized TM Designs spokesperson speaking in his/her official capacity.