Date of Last Revision: October 19, 2020
Sherwood provides products and services to You subject to the notices, terms, and conditions set forth in these Terms. In addition, when You use any of our services (e.g., Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into these Terms by this reference. We reserve the right to change this Site and these Terms at any time.
Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions expressed herein, so please read these terms carefully before proceeding.
Please send any questions or comments (including all inquiries not related to copyright infringement) regarding this Site to:Sherwood Industries, Inc.
7800 N Merrimac AveNiles, Illinois 60714
Your Use Of The Site
You represent and warrant that You are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of these Terms, we hereby grant You a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on Your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to You.
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. It is Your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health related condition or to ensure that products sold through the Site are suitable for Your use. Submissions or opinions expressed on this Site are those of the individual expressing such Submission or opinion and may not reflect our opinions.
We may assign You a password and account identification to enable You to access and use certain portions of this Site (“Sherwood Account”). Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of these Terms, and we have no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to You. You shall immediately notify us of any unauthorized use of Your Sherwood Account, Your password or identification, or any other breach or threatened breach of this Site's security.
Warranty Policy, Return Policy, Exchange Policy, and Shipping Policy
Please review our other Policies, which are also a part of and governed by these Terms.
Reviews & Comments
Except as otherwise provided elsewhere in these Terms or on the Site, anything that You submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as nonconfidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to You.
In addition to the rights applicable to any Submission, when You post comments or reviews to the Site, You also grant us the right to use the name, rating, and any text that You submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that You own or otherwise control all of the rights to the reviews, comments and other Content that You post on this Site and that use of Your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than Yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Sherwood, or its affiliates, or is being used by Sherwood under license. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Sherwood or its affiliates.
The Content and Compilation are protected by U.S. and international copyright laws. TUC®, TUC® BLANKET and related logos, slogans, trade names or words, including at least U.S. Trademark Registration No. 5,933,704 for TUC®, are trademarks or service marks of Sherwood and its affiliates. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
Risk Of Loss And Use Of Account
The risk of loss and title for items purchased by You pass to You upon delivery of the items to the carrier. Any voluntary action taken by Sherwood to replace products missing or damaged in transit shall not alter this term.
If You use a Sherwood Account, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Sherwood Account or related password.
If You are under 18, You may use the Sherwood services only with involvement of a parent or guardian. Sherwood reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Termination & Effect Of Termination
In addition to any other legal or equitable remedies, we may, without prior notice to You, immediately terminate these Terms or revoke any or all of Your rights granted under these Terms. Upon any termination of these Terms, You shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to You and deny Your access to and use of this Site in whole or in part. Any termination of these Terms shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE SET FORTH ON THE SITE, INCLUDING WITHOUT LIMITATION THE PRODUCT DESCRIPTIONS OF SPECIFIC PRODUCTS, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT, AND THE TRANSACTIONS CONDUCTED THROUGH IT, ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AND APART FROM THE TERMS SHOWN IN OUR WARRANTY POLICY, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS.
UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL SHERWOOD OR ITS OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, SUBSIDIARIES, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING SHERWOOD’S PRODUCTS AND SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YETI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold Sherwood and its officers, managers, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorneys’ fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the terms and conditions contained in these Terms, or (e) your violation of any rights of a third party, including intellectual property rights.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our manufacturing team, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We 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, we shall immediately issue a credit to Your credit card account in the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
Copyright Complaints And Digital Millennium Copyright Act (DMCA) Compliance
If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us and our affiliates and its affiliates that Your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that You claim has been infringed upon;
- A description of where the material that You claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A 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;
- 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.
Copyright Agent for notice of claims of copyright infringement on the Site:Sherwood Industries, Inc.c/o Matt BeckerBanner & Witcoff, Ltd.71 South Wacker DriveSuite 3600Chicago, Illinois 60622
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
To the extent permitted by law, these Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of Illinois, U.S.A., without regard to its choice of law provisions. You agree that except as specified herein, any disputes directly or indirectly arising out of or relating to the Terms or the Site (including the purchase of products via the Site) shall be resolved exclusively in the state or federal courts located in Cook County, Illinois. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.