privacy policy:
TWISTonline.com is committed to taking reasonable steps towards protecting your privacy online and managing your information responsibly and respectfully. The information in this section is intended to notify you of our online privacy practices, the type of information that may be collected and stored, how the information is used, with whom the information may be shared, what choices are available to you regarding the collection, use and distribution of the information, what kind of security procedures are in place to protect the loss, misuse or alteration of information under our control, and who to contact with questions or concerns.
This privacy notice applies to the website located at www.twistonline.com (the 'website') or via any other means of collection. This privacy notice does not apply to any other websites to which we may link to to other companies or persons who might be listed as third-party contacts or suppliers on this website, or to whom we may refer you if you call or write us. We may post links on this website as a way of helping you locate related information and products easily. However, when linking to another website, you must review that website's privacy notice as other websites may not treat information collected online in the same manner we do.
By using this website and / or by contacting us and providing any personal information, you consent to the collection and use of information by us in accordance with this privacy notice. If we decide to change our privacy notice, the information will be posted on this page.
why we collect information:
We collect personal information because it helps us deliver our products and services in the best way possible. Your personal information helps us communicate with you with regards to the latest collections, special offers, sales and other information about which you might like to know. We also collect your personal information to help us design and improve the website and to deliver targeted marketing to you. We may also use your personal information to cross-check against other information from a entity with which you are affiliated to prevent and detect fraud.
what information we collect:
The following describes the type of information we may collect from you. Those who wish to communicate with us, but do not wish to do so online may contact us via telephone or mail. However, you should note that through such contact, you may also be submitting personally identifiable information to us.
shopping:
When you order from us, it will be necessary for you to submit the following:
your name
email address
shipping address
payment information including credit card number
billing address
You may also supply us with other information such as your phone number. If you create an account, we will collect information about your purchases and payment methods as well as the shipping addresses you use and add to your address book in order to make future shopping experiences faster and more convenient for you.
general browsing:
We do not automatically collect information unless you voluntarily input or submit this information such as during a registration or ordering process, when you submit questions or comments, request information or participate in contests or other activities. Should you voluntarily provide us with personally identifiable information, you consent to our use of it in accordance with this privacy notice.
Even if you do not submit personal information through the website, we gather navigational information about where visitors go on the website and information about the technical efficiencies of our website and services such as the time it takes to connect to the website, the amount of time it takes to download pages, etc. This information allows us to see which areas of our website are most visited and helps us better understand the user experience. This helps us improve the quality of the website by recognizing and delivering more of the features, areas and services our visitors prefer. In this process of gathering information, we may collect personally identifiable and non-personally identifiable information (such as domain type, browser type and version, service provider and IP address, referring / exit pages, operating system, date / time stamp, and click-stream data). We may also create and use electronic records to compile statistics about how our visitors collectively interact with our website.
how we collect information:
1. You Give Us the Information: we collect information from you when you submit to us though our website.
2. We Collect Information Automatically: we automatically collect certain types of information when you visit our website. For instance, we automatically collect various types of technical information when you use our website as otherwise described in this privacy notice.
3. We Collect Information from Other Sources: we may obtain information about you from outside sources. For example, we may obtain information from a third party such as credit information in order to prevent fraud.
use of cookies:
Cookies are bits of electronic information that a website may transfer to a visitor's computer to identify specific information about the visitor's session on the website. The website uses a browser feature known as a cookie, which assigns a unique identification to your computer. Cookies are typically stored on your computer's hard drive and are used to help track clicks as you go through the pages within our website. We may also use cookies to tell us whether you have previously visited the website. We also use cookies which may be set by third-parties with whom we have entered into agreements which may enable us to obtain analytics information about the use of our website. You can set your browser not to accept cookies or to notify you when you are sent a cookie, giving you the opportunity to decide whether or not to accept it. You may also use commonly available tools in your browser to remove cookies which may have been placed onto your computer.
server logs:
A web 'server log' is a record of activity created by a computer that delivers certain web pages to your browser. Certain activities that you perform on our website may record information into server logs, such as if you enter a search term into a search box located on the site. The server log may record the search term, or the link you clicked on to bring you to our website. The server log may also record information about your browser, such as your IP address and the cookies on your browser.
search queries on our website:
We may provide you with options to search for information on our site. If you enter information in a search query box, we may store that information and we may aggregate that information with other information we may have about the browser and / or IP address from which the search query originated.
surveys:
From time to time, we may request information from you via surveys. Participation in these surveys or contests is completely voluntary and the user therefore has the choice whether or not to disclose this information. Information requested may include contact information (name, address, email, shipping address), demographic information (such as postal code, age level) and will be used with the intent to provide better services and options to you. If your information gathered via survey will be used in a manner different from that described in this privacy notice, such use will be detailed in the survey instructions. For example, the instructions will alert you if the information will be shared with anyone in addition to those identified in this privacy notice.
how we use the information we collect:
We use the information we collect internally in our business for many business purposes, such as to (i) provide the products you may order, including processing orders and returns; (ii) analyze trends and conduct research about improving our services; (iii) provide support and respond to questions from customers and website visitors; (iv) improve our website, products and services; (v) learn about customers' needs; (vi) contact customers for research, information, and marketing purposes, including customizing our product recommendations to you based upon your information and purchases; (vii) track traffic patterns and site usage; (viii) enable online ordering and provide customer service with respect to such orders; (ix) correlate information with other commercially available information to identify demographics and preferences to assist us in our marketing efforts; (x) provide specific relevant marketing, promotional, or other information to you; (xi) address information security and / or privacy practices control, network functioning, engineering, and troubleshooting issues; (xii) investigate claims and / or legal actions, violations of law or agreements, and compliance with the relevant applicable laws and legal process; (xiii) comply with law, or based on our good faith belief that it is necessary to conform or comply with the law, or otherwise to disclose information to prevent fraud to reduce credit risks, to cooperate with police or other governmental authorities, or to protect the rights , property or safety of visitors to the website or the public; and, (xiv) process or engage in a sale of all or part of our business, or if we go through a reorganization or merger.
We use the information we collect in a variety of ways. Generally, using all of the above mentioned and similar type tools, we may collect, aggregate, and use information from or about you such as data about the type of browser and operating system used, which web pages you view, the time and duration of your visits to our site, the search queries you may use on this site, whether you clicked on any items or links on the site, whether you have clicked on any emails sent from us, or third-parties on our behalf, whether you have chosen to opt-out of certain services or information sharing, and whether you have viewed or ordered certain products or services.
We may also share personally identifiable information and non-personally identifiable information externally with our affiliates and other third-party service providers who help us provide operational services for the site and our business, which might include, but is not necessarily limited to: business entities that provide email address management and communication contact services, network equipment and application management providers and hosting entities, credit and debit card payment gateways and processors and the issuing and acquiring bands involved in the funds settlement procedures necessary to charge your cards or financial accounts, entities which obtain information such as demographic information which might be aggregated with information we have about you, judicial, administrative and / or legal or financial accounting providers in the event that information must be reviewed or released in response to civil and / or criminal investigations, claims, lawsuits, or if we are subject to judicial or administrative process (such as subpoena) to release your information or to prosecute or defend legal actions, and other service providers which may be involved in the other types of services and activities otherwise discussed in this privacy notice.
We may also use your personally identifiable information to contact you in ways other than email or regular mail, such as via telephone contact or facsimile.
your choices about the information we collect:
If you do not consent to the way in which we may use your personal information, please do not submit any personal information to us.
If you do not wish to receive emails about special offers, sales and promotions from us, click the unsubscribe link located in our emails or opt out in your account profile.
If you do not wish to receive other marketing materials from us and / or if you do not want us to share your personal information with other entities as stated in this privacy notice, please provide us with your exact name and address and advise us that you wish to opt-out of information sharing or receiving information from us or both as the case may be.
Please direct your opt-out request to the following contacts:
Edit your account profile to reflect your preferences.
Email: customerservice@twistonline.com
877.899.9183
Mail: 30 nw 23rd place portland or 97210
privacy of children who visit the website:
We recognize the importance of children's safety and privacy. The website is not designed to attract children and is not intended for use by any children under the age of 13. We do not request, or knowingly collect, any personally identifiable information from children under the age of 13.
your california privacy rights:
We collect various types of personal information about you during the course of your relationship with us as a customer. Under California law, if you are a resident of California, you may make a written request to us about how we have shared your information with third parties for their direct marketing purposes. In response to your written request, we are allowed to provide you with a notice describing the cost-free means to opt-out of our sharing your information with third parties with whom we do not share the same brand name, if the third party will use such information for its direct marketing purposes.
If you would like to exercise your rights under California law, please send your written request to the email address or postal address below. Please include your postal address in your request. Within thirty (30) days of receiving your written request, we will provide you with a Third Party Direct Marketing Opt-Out Form so you may request that your personal information not be disclosed to third parties for their direct marketing purposes.
Email: customerservice@twistonline.com
Mail: 30 nw 23rd place portland or 97210
visitors to the website outside of the united states:
If you are visiting the website from a location outside of the United States, your connection will be through and to servers located in the United States. All information you receive from the website will be created on servers located in the united states, and all information you provide will be maintained on web servers and systems located within the united states. The data protection laws in the united states and other countries might not be as those in your country. By using this website and / or submitting information to us, you specifically consent to the transfer of your information to the united states to the facilities and servers we use, and to those with whom we may share your information.
updating personal information:
We prefer to keep your personal information accurate and up-to-date. If you would like to change your contact information, please login to your account to do so.
links:
For your convenience, the website may contain links to other websites. We are not responsible for the privacy practices, advertising, products, or the content of such other websites. None of the links should be deemed to imply that we endorse or have any affiliation with the links.
security:
We believe in providing a safe and secure experience for all of our online visitors. To that end, we have implemented security measures to protect the information collected from you. We maintain reasonable physical and electronic safeguards designed to limit unauthorized access to your personally identifiable information, and to protect you against the criminal misuse of that information.
We use data encryption technology when transferring and receiving your sensitive personal information, such as credit card or financial account information. For example, in your transactions submitted by you through the website, a solid key icon or locked padlock icon at the lower portion of your web browser window confirms the site is secured through Secure Sockets Layer (SSL). Pages requesting personal information should always have one of these icons. You can also confirm your data is being encrypted by looking at the URL line of your browser (the place where you type website addresses). When accessing a secure server, the site address will change from "http" to "https".
While we use the foregoing security measures to protect your information, please note that no data transmitted over the internet or stored and utilized for business purposes can be guaranteed to be completely secure. No security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the website will not become publicly available. You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services , and using up to date antivirus software.
questions / changes in notice:
If you have any questions or concerns with respect to our privacy notice, you may contact us at customerservice@twistonline.com. We may elect to change or amend our privacy notice; in such event, we will post the notice changes in our privacy notice on the website. If you are concerned about how your personal information is used, please visit our website often for this and other important announcements and updates.
terms and conditions of use:
By accessing or using the TWIST website located at www.twistonline.com (the "Website"), you indicate that you have read and understand this Terms and Conditions of Use Agreement (the "Terms of Use"), which incorpoartes by reference our Privacy Notice, and agree to be bound by it. Our Privacy Notice is located at http://www.twistonline.com/privacy-policy/. You must accept this Terms of Use in its entirety in order to use the Website. If you do not understand or have questions about the Terms of Use, immediately stop all use of the Website and contact customerservice@twistonline.com. If you do not accept this Terms of Use, you may not use the Website. Your continued use of the Website constitutes your agreement to the most current version of this Terms of Use. If at any time you do not agree to this Terms of Use, you must cease your use of this Website. If you "bookmark" a portion of the Website or otherwise bypass the Terms of Use, you will still be bound by the Terms of Use.
The Terms of Use appy only to the Website and do not apply to any websites that are linked to the Website. For access to the terms and conditions or privacy policies of linked websites, please refer to the policies of such websites. The Terms of Use are subject to change at any time by us, without prior notice to you, by our posting them on the Website. It is your obligation to review the Terms of use before accessing the Website. Any changes to the Terms of Use will be effective immediately upon our posting them to the Website, unless otherwise stated.
definitions
for the purpose of this Terms of Use, the following definitions apply:
"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
"Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
"Programming" includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.
"you" or "your" refers to the person accessing the WEbsite and agreeing to this Terms of Use.
"Affiliates" refers to companies and divisions under the ownership of TWIST.
use of this website
The Website is intended to faciliate the offering for sale of jewelry, craft arts, and other unique products and services by TWIST. Use of this Website is a privilge. Users who violate this Terms of Use may be denied access to the Website, and we reserve the right to suspend your use of the Website for any reason at any time, in our sole discretion.
A limited license is granted to you by us to view, download, and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website. The Website amy be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are nto permitted to download (other than page caching) or change any portion of the Website, unless you have our express written consent.
You may not collect listings of products, prices, descriptions, use any portion of the content in any derivative way, download, or copy information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools. The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by these Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website, except with our explicit, written permission. In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. Your use of the Website is also subject to the following restrictions:
a. You may not send unsolicited commercial email to Users. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited;
b. You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms of Use.
c. You may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users.
You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented by the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by TWIST, in addition to all rights at law or in equity.
You are specifically prohibited from posting, sending, submitting, publishing, or transmitting in connection with this Website any material that is unlawful or for illegal activity. You agree not to use this Website to do any of the following:
a. Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
b. Harm or exploit children;
c. Advocate illegal activity or an intention to commit an illegal act;
d. Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
e. Email or transmit content that constitutes a "pyramid" or similar scheme;
f. Email or transmit content that infringes on the Intellectual Property (as defined below) or the right of any entity or person;
g. Advertise or otherwise engage in any commercial endeavor without TWIST's explicit, written permission;
h. Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and / or
i. Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.
TWIST reserves the right to monitor the use of this Website to determine compliance with the Terms of Use, to refuse to accept submitted information for any reason, and to suspend or terminate your access to the Website, for any or no reason and at any time. TWIST further reserves the right to seek any remedy available at law or in equity for any violation of the Terms of Use. You remain solely responsible for the content of your submissions and acknowledge and agree that TWIST shall not be liable to you or to any third party if TWIST refuses to accept your submitted information or terminates your access to the Website.
TWIST reserve the right to cooperate with any law enforcement authorities or court order requesting or directing TWIST to disclose the identity of any posting any email messages, or publishing or otherwise making available any materials that are believed to violate the Terms of Use. You agree to waive and indemnify and hold TWIST harmless from and against any and all claims whatsoever resulting from or in connection with any action by TWIST regarding any investigations either by TWIST or law enforcement authorities.
limitations on information submitted
Any submission of information to use through the Website is subject to the following guidelines and restrictions:
a. It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department);
b. It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);
c. It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
d. It is not or could not be construed to be spam mail or any robot, spider, site search / retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
e. It may not contain trade secrets (unless you own them or have the owner's permission to post them);
f. It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other Marks;
g. It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
h. It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
i. It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
j. You may not solicit money, investments or make any offering of securities or investments;
k. You may not submit chain letters or pyramid schemes;
l. You may not subjmit opinions or notices, commercial or otherwise.
monitoring of information
TWIST does not assume any obligation to review or monitor the content or other information submitted to the Website. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
rights to information
Except for information necessary to place an order, we do not want to receive any confidential or proprietary information or trade secrets through the Website. Any information, materials, suggestions, ideas or comments you send to us will be deemed non-confidential, and by submitting it, you are granting us an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you, subject to the Privacy Notice. However, we will not use your name unless it is required by law to indentify the source of the materials, information, suggestions, ideas or comments, or unless your permission is first obtained.
product orders
quantity limits and dealer limits
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and / or shipping address, or are placed by dealers.
submission of your order
You understand that by submitting your order, you agree to abide by the Terms of Use and Privacy Notice. You also acknowledge that you have read, accept, and agree to abide by TWIST's return policies.
acceptance of your order
You will not be charged until your order is verified, payment authorized, and your order has entered the shipping process. TWIST reserves the right to decline your order at its sole discretion. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. We will contact you if your order is declined or if we need more information. If your order is declined, we will credit your credit card for any amount charged with respect to such order.
miscellaneous
The Terms of Use and Privacy Notice for the Website constitutes the entire understanding between TWIST and you with respect to the use of the Website. We control and / or operate the Website from offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Terms of Use and / or Privacy Notice shall be construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws rules, and you hereby submit to the personal jurisdiction of the federal and state courts located in Oregon. No waiver by us of any breach or default under the Terms of Use and / or Privacy Notice shall be deemed to be a waiver of any preceding or subsequent breach or default. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of the Terms of Use or Privacy Notice is found to be unenforceable for any reason, than such provision shall be deemed severable from the Terms of Use or the Privacy Notice, as the case may be, and shall not affect the validity and enforceability of any remaining provisions.
procedure for making and responding to claims of copyright infringement
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infrigement by third parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to Website's designed agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of copyright work, or, if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit the Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
By mail:
TWISTonline
30 NW 23rd Place
Portland, OR 97210
Attention : Legal Dept.
With notification to:
OlenderFeldman LLP
2840 Morris Avenue
Union, NJ 07083
Attention: Kurt D. Olender, Esq.
By E-mail:
customerservice@twistonline.com
With notification to:
kolender@olenderfeldman.com
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
information you provide to TWIST via this Website
If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Notice. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Notice.
In order to facilitate communications between you and TWIST, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Notice to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. TWIST shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
viruses and transmission of sensitive information
TWIST cannot and does not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. TWIST does not assume any responsibility or risk for your use of the Internet, nor does TWIST assume any responsibility for any products or services or hyperlinks to third parties.
intellectual property
TWIST owns any and all intellectual property rights to the TWIST brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and / or other Text and Graphics that has or provides the "look and feel" of the TWIST brand image, as well as all fo the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property"). Your use of the Website does not grant you any rights or licenses relating to the TWIST Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of use. All product names, names of services, trademarks and service marks ("Marks") are the property of their respective owners, as indicated.
None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell or distribute the Content, or use it in any other way for public or commercial purpose. The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming.
disclaimer of warranties & limitations of liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liability of us in respect of your use of the Website, is expressly limited as follows:
disclaimer of warranties
The website is provided "as is" and without any warranty whatsoever. We disclaim any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose. Your use of this website and reliance on any of its content is at your own risk.
TWIST does not warrant that the functions or content contained in this website will be uninterrupted or error-free. You and not TWIST assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of this website or its content. TWIST does not warrant or make any representation whatsoever regarding use, or the result of use, of the content of this website related to accuracy, reliability or otherwise. The content of this website may include errors (including, without limitation, technical or typographical errors), and TWIST may make changes or improvements to this website at any time.
Neither TWIST nor any other person or entity associated with the design or maintenance of this website shall be held liable or responsible in any way for any damage, loss, injury, or malfunction associated with your use of this website.
limitation of liability
In no event shall TWIST and its subsidiaries, affiliates, related companies, supplies, advertisers, sponsors, third party service providers, and their respective employees, officers, directors, and agents be liable for any incidental, consequential, punitive, indirect or special damages, (including lost profits and damages or viruses that may infect your computer equipment on account of your access to, use of, browsing, or downloading of any materials, data text, images, video or audio from the website) whether based on warranty, contract, tort, or any other legal theory, and whether or TWIST advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of TWIST to you for any type of damages shall be limited to the greater of the actual amount paid by you for any services offered on the website or U.S. $100.00.
release and indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release TWIST and each of its officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (1) your use of this Website or (2) the use of any information accessed by you from this Website.
You agree to indemnify and hold TWIST and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees and costs of suit, made by any third party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website, or (3) your breach of this Terms of Use.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of action, damages, costs and expenses, including but not limited to, attorneys' fees and costs of suit, arising out of your breach of these Terms of Use.
exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Therefore some of the exclusions and / or limitations stated about may not apply to you.
miscellaneous
Entire Agreement. These Terms of Use constitute the entire agreement between you and TWIST governing your use of this Website, superseding any prior agreements between you and TWIST with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of TWIST.
Choice of Law. Your use of this Website and any dispute arising out of or in connection with this website shall be governed by the laws of the State of New Jersey without giving any effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a court of competent jurisdiction sitting in the State of New Jersey. You agree to submit to the personal and exclusive jurisdiction of the courts located in New Jersey. You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in other courts and any objection to venue with respect to such proceeding.
Waiver and Severability. The failure of TWIST to enforce any right of the provisions in the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use, and the Terms of use shall be construed without regard to the invalid, illegal, or unenforceable provision.