Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Site its suppliers, vendors, respective employees, officers, directors, agents, affiliates, suppliers, vendors, licensors, co-branders, or partners be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever resulting from any loss of use, loss of data, loss of profits, business interruption, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise arising out of or in any way connected with the use, operation, or performance of the service, with the delay or inability to use the service, any defects in the service, or with the provision of, or failure to make available, any information, services, products, materials, or other resources available on or accessible through the service, even if advised of the possibility of such damages.

Neither the Site nor its suppliers or vendors guarantee the sequence, accuracy, or completeness of any information or content available through the service and shall not be liable in any way to you or anyone else who may use the information or content or to whom the information or content may be furnished, for any delays, inaccuracies, unavailability, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damage arising therefrom or occasioned thereby.

The operation of the service may be affected by numerous factors beyond the Site or its suppliers’ or vendors’ control. The operation of the service – whether by the Site, its suppliers, or its vendors – may not be secure. Security and privacy risks cannot be eliminated. Password protection and any other security measures may not prevent unauthorised access to materials.

With respect to products, goods, or services purchased through the Site suppliers’ and vendors’ sites, in no event shall any the Site party be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, resulting from any loss of use, loss of profits, litigation, or any other pecuniary loss, whether based on breach of contract, tort (including negligence), product liability, or otherwise, arising out of or in any way connected with the provision of or failure to make available any such products, goods, or services, even if advised of the possibility of such damages.

Any liability on the part of the Site parties, in the aggregate, shall not exceed the fees paid by you solely for the right to use the particular information, product or service provided by the Site.

Furthermore, the Site explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites that link to or from the site from third parties. We cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites.

Under no circumstances shall we or any other party involved in creating, producing, or distributing the site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, good will, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from (i) the use of or inability to use the site, (ii) the cost of procurement of substitute goods and services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the site; (iii) unauthorised access to or alteration of your registration information, transmissions or data; (iv) statements or conduct of any third party on the site; (v) negligent or willful acts of the Site, its directors, officers, employees and representatives or (vi) any other matter relating to the site.

You agree to indemnify and hold the Site, and our directors, officers, employees and representatives harmless from any claim or demand, including reasonable legal fees, made by any you or any third party due to or arising out of the content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of use, or your violation of any rights of another.

You acknowledge and agree that the limitations set forth above are fundamental elements of this agreement and the service would not be provided to you absent such limitations.

Your Account Obligations

In consideration of your use of the site, you agree to:

  • Provide true, accurate, current and complete information about yourself as prompted by the registration form (the “registration information”); and
  • maintain and promptly update the registration information to keep it true, accurate, current and complete.

You are responsible for maintaining the confidentiality of your password and registration and are fully responsible for all activities that occur under your password and registration. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. the Site considers this registration information private. The information is kept on a secure server to protect it from outside parties. We use the information only for the limited purposes of processing your orders, for statistical purposes to improve our site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you.

If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your registration and refuse any and all current and future use of the site.

Your Conduct

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the site, use of the site, or access to the site. You agree not to access the site by any means other than through the interface that is provided by us for use in accessing the site.

Termination

This agreement is effective until terminated by either party. If you no longer agree to be bound by this agreement, you must cease your use of the service, including any access thereto. Your use of the service is at your sole risk. If you are dissatisfied with the service, its content, or any of the terms, conditions, and policies of this agreement, your sole and exclusive legal remedy is to discontinue using the service.

These terms are effective even if this agreement is terminated by either party. Subject to applicable law, we reserve the right to suspend or deny, in our sole discretion, your access to all or any portion of the site with or without notice.

You agree that any termination of your access to the site may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your registration and all related information and files under your registration and bar any further access to such files or the site.

If you breach any provision of this agreement, then you may no longer use the service. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the site.

General Information

These terms of use constitute the entire agreement between the Site and you and govern the use of the site. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of 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 jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use remain in full force and effect.

By placing an order through the Site you agree to receive newsletters promoting products and services from us. Should you not wish to continue to receive these newsletters you can unsubscribe at any time by using the unsubscribe link at the end of the newsletter.

International Destination Restrictions and Liability

The Site has no control over international customs or international postal operations and as such, takes no responsibility for damaged items or items claimed to be missing.

The Site thoroughly monitors all international orders and inspects all packages leaving our distribution centers to ensure that all items ordered by customers are included in each order and that each order is safely packed for international shipping.

The Site will not refund any international orders where such claims are made. We recommend such claims be placed with your local customs and or postal service.

The Site reserves the right to restrict parcels to certain destination countries at its sole discretion. The Site is not responsible for the loss of any orders due to untraceable consignments numbers. The Site is not liable for any cost that may be incurred due to customs tax or delivery tax. The Site holds no liability to any orders that are detained by any countries customs, this may also affect delivery times; the Site holds no responsibility on the order being delivered within a certain timeframe or cost. For international orders the currency at the time will dictate how much will be deposited back into your account. Timothyeberly.com is not liable for any discrepancy of currency at the time of the refund.

As such by agreeing to purchase the goods in your basket today, you accept that the Site is responsible for the picking packing and dispatching of your goods to you. If for any reason whatsoever, be it taxes, custom law, duties or any other reasons whatsoever your parcel does not make it to your door and the Site has picked, packed and dispatched the goods you have ordered, whilst we regret the non-delivery, the Site is unable to refund your payment.