Legal Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. USING THIS SITE INDICATES THAT YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE. We reserve the right, at our discretion, to change these terms at any time. Please check these terms periodically for changes. Using this Site following the posting of changes to these terms indicates that you accept them as changed.

a. GENERAL USE RESTRICTIONS.

All information, documents, products, software, services and other materials (the “Materials”) provided on this Site are the property and copyrighted work of Twin City Warehouses, Inc. (“Twin City Warehouses”) or a third party developer, author, manufacturer or vendor (the “Third Party Provider”). Except as stated in these legal terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of Twin City Warehouses or the Third Party Provider. No part of this Site, including but not limited to any logo, graphic, sound or image, may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Twin City Warehouses. You also may not, without Twin City Warehouses’s prior express written permission, “mirror” any Material on any other server.

Any unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

b. LINKS TO OTHER MATERIALS.

This Site provides links to other Twin City Warehouses sites and to third party sites. The linked third party sites (including any links provided by the third party sites) are not under the control of Twin City Warehouses., and Twin City Warehouses is not responsible for their content. Twin City Warehouses does not endorse any third party product or any non-Twin City Warehouses company to which this Site provides a link. If you decide to access any such third party site, you do so at your own risk. Twin City Warehouses reserves the right to terminate any link or linking program at any time.

c. DISCLAIMER.

ALL MATERIALS ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. Further, Twin City Warehouses does not warrant the accuracy or completeness of any of the Materials. The Materials and related graphics published on the website may include technical inaccuracies or typographical errors. Twin City Warehouses may change any of the Materials at any time without notice. The Materials may be out of date, and Twin City Warehouses makes no commitment to update the Materials.

e. USE AND ACCESS RESTRICTIONS.

This Site is owned and operated in the United States by Twin City Warehouses. If you choose to access this Site from another country, you do so on your own initiative and are responsible for compliance with local laws. Software from this Site is subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported in violation of any United States export controls or other applicable laws. By downloading or using any Software, you represent and warrant that you are doing so in compliance with United States export controls and other applicable laws.

f. LIMITATION OF LIABILITY.

IN NO EVENT WILL Twin City Warehouses, ITS SUPPLIERS, OR THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE OR OF FAILURE TO PROVIDE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

g. JURISDICTION AND CHOICE OF LAW.

Any dispute relating to this website in any manner shall be governed by the laws of the State of North Carolina, excluding choice of law, and shall exclusively be brought in the state or federal courts of the State of North Carolina.

Acceptable Use Policy

General Conduct

The Twin City Warehouses network must be used in a manner that is consistent with the intended purpose of the Twin City Warehouses network and may be used only for lawful purposes. Users shall not use the Twin City Warehouses network in order to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations; or (2) that may expose Twin City Warehouses to criminal or civil liability. Users are further prohibited from assisting any other person in violating any part of this Policy.

Responsibility for Content

Twin City Warehouses takes no responsibility for any material created or accessible on or through the Twin City Warehouses network. Twin City Warehouses is not obligated to monitor or exercise any editorial control over such material, but reserves the right to do so. In the event that Twin City Warehouses becomes aware that any such material may violate this Policy and/or expose Twin City Warehouses to civil or criminal liability, Twin City Warehouses reserves the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. Twin City Warehouses further reserves the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that Twin City Warehouses deems responsible for the wrongdoing.

Inappropriate Content

Users shall not use the Twin City Warehouses network to transmit, distribute or store material that is inappropriate, as reasonably determined by Twin City Warehouses, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.

Intellectual Property

Material accessible through the Twin City Warehouses network may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. Users shall not use the Twin City Warehouses network in any manner that would infringe, violate, dilute or misappropriate any such rights. If you use a domain name in connection with any of the Twin City Warehouses network, you must not use that domain name in violation of the trademark, service mark, or similar rights of any third party.

Harmful Content

Users shall not use the Twin City Warehouses network to transmit, distribute or store material that contains a virus, worm, Trojan horse, malware, ransomware, or other component harmful to the Twin City Warehouses network, any other network or equipment, or other Users.

Fraudulent/Misleading Content

Users shall not use the Twin City Warehouses network to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, Users are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards.

Unsolicited Messages

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“spam”), including, without limitation, actions such as using an e-mail account on Twin City Warehouses’s network to send spam, or using the service of another provider to send spam or to promote a site hosted on or connected to the Twin City Warehouses network. In addition, Users may not use the Twin City Warehouses network in order to (a) send e-mail messages which are excessive and/or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, “mailbombing”, (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data. An e-mail message will be considered unsolicited if it is sent to a recipient (1) who has not expressly requested or invited it; (2) with whom the sender does not have an existing business or personal relationship; or (3) who has requested that the sender not send them any further messages.

Usenet

Users may have access through the Twin City Warehouses network to search engines, subscription Web services, chat areas, bulletin boards, Web pages, USENET, or other services that promulgate rules, guidelines or agreements to govern their use. Users must adhere to any such rules, guidelines, or agreements. Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “Usenet spam”), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters. System and network Security.

Network Security

Users are prohibited from violating or attempting to violate the security of the Twin City Warehouses network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) impersonating Twin City Warehouses personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mailbombing”, “denial of service” attacks or “crashing”, (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another User’s account name or persona without authorization from that User. Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for Twin City Warehouses services. Violations of system or network security may result in civil or criminal liability. Twin City Warehouses will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

Suspension and Termination of Service

Any User which Twin City Warehouses determines to have violated any element of this Acceptable Use Policy may be subject to a suspension or termination of service, and if Twin City Warehouses deems it necessary, immediate suspension or termination of such User’s service in accordance with the Customer’s Master Service Agreement. Twin City Warehouses may take such further action as Twin City Warehouses determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and Twin City Warehouses shall not be liable for any damages of any nature suffered by any Customer, User, or any third party resulting in whole or in part from Twin City Warehouses exercise of its rights under this Acceptable Use Policy.

Twin City Warehouses reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when posted to Twin City Warehouses Web site.

Privacy Statement

Collection of Personally-Identifiable Information

Twin City Warehouses will only collect your personal information (such as, your name, address, telephone number, or e-mail address) if you provide it voluntarily. If you do not want your personal information collected by us, please do not submit it to us. By using our website, you consent to the collection and use of this information.

Twin City Warehouses will retain your personal information only as long as is necessary for the purpose for which it is collected. We only use the information you provide to improve our services, provide you with requested products and services, to inform you about additional products and services, and for other internal purposes. Twin City Warehouses occasionally hires other companies to provide limited services on our behalf, including telecommunication services, third-party applications and products, or answering customer questions about products or services. Twin City Warehouses will only provide these companies with the information they need to deliver the service, and they are prohibited from using that information for any other purpose. Other than what is described, Twin City Warehouses does not sell, trade, or rent your personal information to others.

Non-Personally-Identifiable Information

Collected Automatically

In some cases, Twin City Warehouses may collect information about you that is not personally-identifiable. Examples of this type of information include the type of Internet Browser you are using, the type of computer operating system you are using, the URL that you just came from, which URL you go to next, and your IP address.

Security

Twin City Warehouses has implemented security features throughout the site to prevent unauthorized access to personal information. Please be advised that, though Twin City Warehouses has strived to create a reliable and secure site for you, the security of information transmitted via the Internet cannot be guaranteed. Twin City Warehouses has no responsibility of liability for the security of information transmitted via the Internet.

Twin City Warehouses may modify this Privacy Policy from time to time. Should you have questions or concerns about this Privacy Policy, please e-mail us at sales@tcwinc.com