Tomi

This Statement of Privacy describes our practices regarding information we gather from you while you visit Pure Motion Sports, Inc U.S. Web site, www.tomiproseries.com.

Legal Notice
All notices from us to you may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from you to us shall be made by e-mail, sent to the address we provide on our Web site, or sent by first-class mail to our address at 5601 West Spring Creek Pkwy, Plano, TX 75024. Delivery shall be deemed to have been made by you to us five (5) days after the date sent.

Copyright
All content appearing on this Web site is the property of Tomi, 5601 West Spring Creek Pkwy, Plano, TX 75024. Copyright © 2005-2010. All rights reserved. As a user you are authorized only to view, copy, print, and distribute documents on this Web site so long as (1) the document is used for informational purposes only, and (2) any copy of the document (or portion thereof) includes the following copyright notice: Copyright © 2009 Tomi. All rights reserved.

Trademarks
All brand, product, service, and process names appearing on this Web site are trademarks of their respective holders. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Tomi. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, copyright, trademark, or other intellectual property right of Tomi or any third party, except as expressly granted herein.

Use of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. Tomi and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Tomi believes that customer conduct violates applicable law or is harmful to the interests of Tomi and its subsidiaries.

Privacy Policy
Pure Motion Sports, Inc. provides products and services to technology solution providers, resellers, and retailers. In order to better serve these customers, the majority of the content provided on our Web site is password-protected to enable a true business-to-business environment.

The Information We Collect
For all visitors to www.tomiproseries.com, Pure Motion, Inc. collects general data pertaining to each Web site visitor, such as the visitor's IP address, operating system, browser type and version number, and the Web pages viewed. This information is aggregated with all other visitor information.

For our registered visitors, your site behavior characteristics are tracked and aggregated. This information may include site navigation paths, advertisements selected and business transactions conducted, and, depending upon your business structure, may include personal data.

Use of the Information Collected
While the information that we collect enables us to offer better services, like warehouse, shipping, and collection, Pure Motion, Inc. will NOT share ANY information it collects with other parties, including its business partners, suppliers, and financial institutions. Pure Motion, Inc. may also disclose information in response to subpoenas, governmental requests or other legal process, or to otherwise protect Pure Motion, Inc.’s legal or contractual obligations.

"Cookies"
On your first visit to the registered portion of the Tomi Web site, we may issue a "cookie," a small file stored on your computer's hard drive, in order to simplify and enhance your continued use of www.tomiproseries.com. The cookie may serve various purposes but is used primarily for establishing personal preferences for you while on our Web site.

Changes to the Statement of Privacy
Pure Motion, Inc. reserves the right to change its practices concerning information gathered from visitors to its Web site. If such changes occur, this Statement of Privacy will be updated.

Pure Motion, Inc. welcomes your comments regarding this Statement of Privacy; please contact us by e-mail at rick@tomi.com

Consumer Agreement

Shipping & Delivery
At this time, Tomi ships merchandise only to locations within the continental United States and Canada and not to international locations. For shipping outside the USA, e-mail rick@tomi.com for more information. We currently have a distributor in Japan and Canada. Visit www.tomiproseries.com for more information.

Sales Tax
Tomi charges sales tax for merchandise ordered on this Web site based on the applicable state sales tax rate and the location to which the order is being shipped.

Warranties
The content included in this Web site has been compiled from a variety of sources and is subject to change without notice, as are any products, programs, offerings, or technical information described in this Web site. Tomi makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or content, or the suitability, functionality, or operation of this Web site or its content. By using this Web site, you assume the risk that the content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. TOMI SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL TOMI BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. -- OR, depending on state -- The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Tomi. The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Tomi is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon. The descriptions of, and references to, products, services, and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Tomi. The inclusion of material on this server does not imply any endorsement by Tomi, which makes no warranty of any kind with respect to the subject matter of the server materials advertised. A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Tomi tries to ensure the integrity and accuracy of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Return Policy
Must be returned with proof of purchase and in original packaging within 30 days of purchase.

Payment Methods
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Tomi reserves the right to change its payment procedures at any time without prior notice to you.

Store Hours
Customer service is available as defined on the Contact Us page of this Web site. Office hours are between 9:00 and 4:30 CST.  972-378-6600

Miscellaneous
VOID WHERE PROHIBITED: Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Tomi and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited. GOVERNING LAW: In the event of litigation, both parties agree that the law of Texas shall apply, and both parties consent to the jurisdiction of the state courts of Southlake, Texas, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury. The Terms and Conditions constitute the entire agreement between you and Tomi with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Tomi with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Tomi. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Copyright © 2010 Pure Motion, Inc. All rights reserved. 888-728-0056