Terms of Service

Welcome to the THERESA FOUNDATION Website (the "Site"). The Theresa Foundation provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. The Theresa Foundation reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the Theresa Foundation website following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.

USAGE RESTRICTIONS

All of the content you see and hear on the Site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by the Theresa Foundation, one of its affiliates or by third parties who have licensed their materials to the Theresa Foundation. The entire content of the Site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement, and enhancement of the content.

The content of the Site is intended solely for personal, noncommercial use by the users of our site. You may download, print, or store selected portions of the content, provided you (1) only use these materials for your own personal, non-commercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title, or interest in any content or materials is transferred to you as a result of any such activities. The Theresa Foundation reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.

The Theresa Foundation is trademarked. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from the Theresa Foundation.

DMCA Notice & Take-down Procedure Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for the Theresa Foundation for notice of claims of copyright infringement is DMCA Designated Agent who can be reached as follows:

by e-mail at info@theresafoundation.org by telephone at (516) 432-0200.

IMPORTANT! PLEASE NOTE:

YOUR E-MAIL MUST BE WRITTEN IN ENGLISH AND MUST HAVE THE FOLLOWING SUBJECT LINE:

“DMCA NOTICE OF INFRINGEMENT”

IF YOUR E-MAIL DOES NOT HAVE THIS SUBJECT LINE AND/OR IS NOT WRITTEN IN ENGLISH, YOUR E-MAIL WILL NOT BE READ BY OUR DMCA DESIGNATED AGENT.

USER COMMENTS, FEEDBACK, POSTCARDS, AND OTHER SUBMISSIONS

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Theresa Foundation on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the Theresa Foundation’s property. Such disclosure, submission, or offer of any Comments shall constitute an assignment to the Theresa Foundation of all worldwide rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, the Theresa Foundation will own exclusively all such rights, titles, and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. the Theresa Foundation is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any comments you make.

PRICE POLICY

At the Theresa Foundation, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited-time offerings of merchandise at promotional prices.

COLORS

We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

CORRECTION OF ERRORS AND INACCURACIES

The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Please see our Return Policy.

TYPOGRAPHICAL ERRORS

In the event a the Theresa Foundation product is listed at an incorrect price due to typographical error or systems error, the Theresa Foundation shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. The Theresa Foundation shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, the Theresa Foundation shall issue a credit to your credit card account in the amount of the incorrect price.

TERM: TERMINATION

These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, maybe terminated by the Theresa Foundation without notice at any time for any reason. The provisions relating to Copyrights, Trademark, and Miscellaneous, shall survive any termination.

NOTICE

The Theresa Foundation may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in the Theresa Foundation account information.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including the Theresa Foundation or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Theresa Foundation, its board members, officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages, and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

THIRD-PARTY LINKS Third-Party Links

In an attempt to provide increased value to our visitors, the Theresa Foundation may choose various third-party websites to link to from its own site. However, even if the third party is affiliated with the Theresa Foundation, the Theresa Foundation has no control over these linked sites, all of which have separate privacy and data collection practices, independent of the Theresa Foundation. The Theresa Foundation has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, the Theresa Foundation seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its site but for sites it links to as well (including if a specific link does not work).