- General Terms
- Website Content
- Website Restricted Content and Functions
- Registration and Login for Registered Users
- Disclosure to Third-Party Affiliates.
- Right to Use Website Content
- No Guarantee.
- Temporary Interruptions.
- Third-Party Websites
- Telescope Intellectual Property
- Website Content
- Ownership of Content
- Limitations on Use of Content
- No warranty for Third-Party Infringement
- Website Accessibility
- Limitation of Liability and Indemnification
- Termination of Use
- Miscellaneous Provisions
- International Use
- Governing Law
- Force Majeure
- Savings Clause
- No Waiver
- Entire Agreement
Telescope Casual Furniture Inc. is a corporation organized and existing under the laws of the State of New York. Telescope Casual Furniture, Inc. its subsidiaries, divisions, agents, employees, licensors, representatives and affiliates, (collectively referred to as “Telescope”, “Us”, “Our”, or “We”) produce quality, outdoor, patio furniture and related products and services, which are offered for sale through our network of independent distributors, dealers, retailers and product representatives.
Telescope operates a website, located at <www.telescopecasual.com> (“Website”).
At the present time, Telescope offers Users of its Website an opportunity to view Telescope furniture, products and services, download online catalogs, learn about Telescope, such as in regard to product warranty, product descriptions and design, to identify dealers, distributors and representatives and conduct other limited online interactions with Telescope. Pursuant to its “Internet Sales Policy”, Telescope does not sell its products directly to Users via the Website.
Telescope has made every reasonable effort to accurately display their products, including their colors and dimensions. However, product appearance may differ depending on the User’s monitor and other equipment that the User may employ to view, save or print the product display. Additionally, the Website may display products that are out-of-date, discontinued or unavailable at any given time. To the extent that any prices, promotions, or sales are set forth on the Website, they are subject to change by Telescope for any reason and at any time. Telescope is not responsible for any typographical or photographic error or admission contained on the Website. Telescope reserves the right to amend, alter, update, change, correct or change the Website content at any time and for any or no reason whatsoever.
Telescope reserves the right, at any time and in its sole discretion, to cease offering any or all products and services identified above and/or to offer new or modified product and services.
At the present time, Telescope does not accept and will not post User content to the Website. Please do not submit any unsolicited content of any description for use on the Website. In particular, Telescope does not solicit any confidential or proprietary materials or ideas on any topic, including but not limited to any proposals regarding alterations, improvements, designs, modifications or suggestions concerning Telescope’s existing or proposed new products.
Notwithstanding the foregoing, any posts, materials, ideas, suggestion, or content of any description that You provide to Telescope will be considered the property of Telescope. By submitting it You agree that Telescope has free and unlimited right to use the content in any manner and in any medium that Telescope sees fit.
You are solely responsible at Your expense for providing all equipment necessary to use the Website including, but not limited to, a computer, modem, mobile device and internet access, including payment of telephone service and/or any other expenses or fees that may be associated with such access to or use of the Website.
Only some portions of Telescope are publicly available to all Users and may be generally accessed, read and browsed.
Certain registered users (“Registered Users”) of the Website may also access and use certain functions and services in connection with the sale, purchasing and marketing of Telescope Casual Furniture. These portions of the Website are provided as a courtesy to Telescope’s trusted network of dealers, distributors, and product representatives to enhance their experience with Telescope and their ability to provide services to their customers.
If You are a dealer, distributor or product representative Telescope will provide or You can request a link by which You may register with the Website. Once registered, Registered Users will be able to log into restricted portions of the Website which will provide access to additional content and functions, such as regarding product availability, inventory, pricing, promotions and sales, delivery, and other information that is made exclusively available to Register Users. Registered Users may also be able to place and follow orders for furniture, product and services, request service calls or replacement parts and otherwise interact with Telescope. (“Restricted Function and Content”)
To become a Registered User, You will be required to create a User Name and unique Password for Your exclusive use. You may be required to provide identifying information, such as name, address, authorized representative, location etc., and, depending on Your financial arrangements with Telescope financial information, such as credit and bank account information. (“Registration Information”). You will have the ability to maintain and periodically update Your Registration Information as You see fit.
You may not share and are exclusively responsible to safeguard Your User Name and Password for Your exclusive use. You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your User Name and/or Password. You agree to indemnify and hold harmless Telescope from any damage, claim or injury allegedly sustained by You, Telescope or any individual or entity as a result of Your deliberate or negligent disclosure of Your User Name and Password to anyone, to the fullest extent of the law permitted by law.
As a Registered User, You are permitted to use Website’s content and functions solely and exclusively, for the purposes permitted in Your agreement with Telescope concerning Your dealership, distributorship, product representation or other agreement between You and Telescope.
Telescope does not presently process credit cards or take other payment processing information at this time through the Website. Payments shall continue to be made pursuant to the existing payment terms agreed to between Telescope and You concerning Your dealership, distributorship, product representation or other agreement between You and Telescope.
Please note that if Telescope and You mutually agree to Payment terms other than set forth in Our prior agreements, such new terms must be set forth in a written agreement signed by You and Us.
Although Telescope works hard to provide quality products and services, You understand and acknowledge that We cannot and do not promise or guarantee specific results from using the Website, including but not limited to the Restricted Content and Functions, and any Website related products or services. For more information, please see our Warranty & Service concerning Telescope’s products, which is available on the Website and is incorporated herein by reference.
You understand and agree that temporary interruptions of the Website, including to the Restricted Content and Function, may occur as normal events that are out of our control. You also understand and agree that We have no control over the third-party networks or services that We may use to provide You with products or services or that You may use to access the Website, products and services. You agree that Your access to and use of the Website, including the Restricted Content and Function, and the products and services are “AS IS” and that We assume no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalization settings.
Telescope may redirect or link to third-party websites that We do not operate or control or may otherwise include references to information, products, or services made available by affiliated or unaffiliated third parties. We make every effort to work with trusted, reputable providers from time to time, but cannot and do not make any warranties regarding their products, services or websites or endorse Your use of and access to the same. You understand and agree that such websites may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand and agree that We are not responsible for the accuracy, completeness, decency, or legality of content hosted by third-party websites. We are not responsible for errors or omissions in any references made on those third-party websites or any damage You may sustain as a result of or in connection with Your access to or use of third-party website, product or service. The inclusion of such a link or reference is provided merely as a convenience, and does not imply endorsement of, or association with, the third-party website by Us, or any warranty of any kind, either express or implied.
By accepting these Terms of Service You agree that all content presented on this Website, its related products and services are protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Telescope and/or its Affiliates.
Except for a single copy made for personal use, or as set forth in paragraph 5(c) above as to Registered Users, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from in any form or by any means whatsoever without prior written permission from Us. Any unauthorized use of Website Content violates our intellectual property interests and could result in criminal or civil penalties.
Neither We nor our Affiliates warrant or represent that Your use of materials displayed on or obtained through the Website will not infringe the rights of third parties.
This Website and its content are dynamic, and technology is constantly evolving. Telescope endeavors to ensure that its website is useful, aesthetically pleasing and reasonably accessible to the widest audience possible. If You are having any specific difficulty using the Website, please contact Our accessibility contact at Support@TelescopeCasual.com or telephone Us at (518) 642-1100 so that We may assist You. Telescope welcomes any feedback on how to improve the Website’s accessibility for users in the future.
ALL CONTENT AND PRODUCTS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT: (A) THE CONTENT OR PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE CONTENT OR PRODUCTS AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT OR PRODUCTS AND SERVICES PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THE USE OF PRODUCTS AND SERVICES, OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY PRODUCTS AND SERVICES, OR CONTENT, THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE WEBSITE INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS AND SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY, SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE, THE ADDITION OF FREE, OR FEE-BASED SERVICES, OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT
PLEASE NOTE THAT SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF TELESCOPE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD-PARTY PROMISES REGARDING OUR PRODUCTS AND SERVICES OR CONTENT, OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Although this Website may be accessible worldwide, We make no representation that materials on the Website are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, You are responsible for compliance with local laws in Your jurisdiction, including, but not limited to, the taxation of products or services purchased over the Internet. Any offer for any product, service, and/or information made in is void where prohibited.
This Website (excluding any third-party websites) is controlled by Us from our offices in New York and the laws of the State of New York shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the federal or state courts located in the State of New York, County of Washington.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to Us must be sent to the attention of Customer Service at Orders@TelescopeCasual.com, if by email, or to our address at 82 Church St. Granville, NY 12832, USA if by conventional mail. You agree to allow Us to submit notices to You either through the email address provided, or to the address We have on record.
In addition to any excuse provided by applicable law, We shall be excused from liability for non-delivery or delay in delivery of products and services available through Telescope arising from any event beyond our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated hereinabove.