Welcome to Talismancaps.com (the "Site"). This Site is owned and operated by Talisman & Co. LLC ("Talisman," "we," "our" or "us").
Accessing this Site From Outside the State of Minnesota in The United States
NOTE: YOU ARE NOT AUTHORIZED TO USE THIS SITE UNLESS YOU AGREE THAT THE LAWS OF THE STATE OF MINNESOTA IN THE UNITED STATES DO GOVERN AND CONTROL YOUR USE OF THIS SITE (without regard to that State’s choice of law rules). This Site is directed to people residing in the United States. We do not represent that content available on or through the Site is appropriate, available or legal in other locations. If you access the Site from outside the United States, you do so at your own risk and agree to indemnify us and hold us harmless from expenses we incur to defend against claims arising from your accessing this Site outside the United States.
“You,” “your,” and “yours” refer to the person browsing, using or accessing this Site directly or else causing use or access of the Site. Talisman may sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under the age of 13, you may not use this Site. If you are under 18, you may use the Site only with involvement of a parent or guardian.
By using this Site, you agree to these Terms. Please read them carefully.
Whether or not you purchase products on this Site, your browsing or other use of this Site means you are accepting the Terms. Sometimes additional terms and conditions may apply, where noted by us in writing – whether emails or other places on the site other than what is written specifically here. However, where there are differences between what we say in this document and elsewhere, what we say in this document will always supersede all other explicit or implied information we provide.
Because we are an online business, our business model requires full use of electronic communications. As such, you consent to receive communications from us electronically, such as e-mails, texts, webforms, app-forms, mobile push notices, or notices and messages on the Site, or any other medium of electronic communications we may later adopt to communicate with you. You further agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property (Copyrights & Trademarks)
“Site” refers to everything appearing on, made available through, and/or operational components of, Talisman.com, such as, without limitation, text, graphics, logos, button icons, images, photos, audio clips and audio-video works, digital downloads, data, scripts, code and/or software underlying the Site, and other materials provided on or through this Site. All such content appearing on, or made available through, the Site is the exclusive property of Talisman, and is protected by U.S. and international copyright laws, including without limitation the compilation rights in the collection, assembly, selection, coordination and arrangement of the elements constituting the Site.
Additionally, “Talisman” and “Talisman & Co” and all Site graphics, logos, page headers, button icons, scripts, and layout included on, or made available through, the Site (the “Marks”) are the exclusive trademarks or trade dress of Talisman. The Marks may not be used in connection with any product or service that is not Talisman’s, nor in any manner that is likely to cause confusion among customers, nor in any manner that disparages or discredits Talisman, nor in any manner that dilutes the Marks. All other trademarks not owned by Talisman that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Talisman.
Nothing in these Terms shall be construed as transferring any right, title or interest in this Site to you or anyone else, except the limited license to use this Site on the terms and conditions expressly set forth herein.
License and Access
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account. Further, you agree to accept responsibility for all activities that occur under your account or password. In its sole discretion, Talisman may at any time and without prior notice or reason given; refuse service, terminate accounts, remove or edit content, and/or cancel orders. If your status as a user of the Site is terminated, you will immediately destroy all copies of your account information including your login name and password.
Your Ideas and Submissions
We welcome your feedback, comments, and other communications regarding this Site, including product ideas and suggestions for making this Site more useful (collectively, "Submissions"). Note, however, that any Submissions you send us will be owned exclusively by Talisman. Sending us Submissions constitutes an assignment to us of all right, title and interest in your Submissions, including all worldwide patents, copyrights and all other intellectual property rights in your Submissions. As such, we retain the right to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and prepare derivative works based on any Submissions you provide for any purpose whatsoever, without restriction and without compensating you in any way. Thus, please do not send us any Submissions that you do not wish to assign to us for free.
Reviews, Comments, Communications, and Other Content
If Talisman hosts interactive or publicly published components to this Site, you agree never to use those components to post materials or information that is rude, offensive, harmful, defamous, illegal or otherwise injurious to third parties or Talisman, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You further agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your materials or information. Talisman reserves the right (but not the obligation) to remove or edit such content, but will not regularly review posted content.
Sanctions and Export Restrictions
You may not use the Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using the Site. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software or technology that may be components of the Site, if any.
This Site may contain hyperlinks to websites operated by parties other than Talisman. Such hyperlinks are provided for your reference only, and without endorsement by us. We do not control such websites and are not responsible for their content. Your access to and use of such websites is solely AT YOUR OWN RISK.
Talisman grants you a limited, revocable, and nonexclusive right to create a hyperlink to any full page of our website so long as (i) the link or your linking website does not portray Talisman, our suppliers or affiliates, or our products in a false, misleading, derogatory, or otherwise offensive matter; and (ii) your linking website complies with all applicable law and does not otherwise violate this Terms or the rights of others. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. Any link to our website should be a full forward link that passes the client browser to our website page without frames, popups or other barriers.
Returns, Refunds and Title
For more information about our returns and refunds, please see our Returns Policy.
Shipping Damage or Loss
All purchases of physical items from Talisman are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Pricing and Product Descriptions
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Talisman is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Talisman strives to be accurate in writing product descriptions. However, Talisman does not warrant that product descriptions or other product specifications are accurate, complete, reliable, current, or error-free. If a product offered by Talisman itself is not as described, your sole remedy is follow Talisman’s return policy.
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (I) THIS SITE AND ALL OF THE PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND; AND (II) TALISMAN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THIS SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THIS SITE; (D) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; AND (E) THAT THIS SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TALISMAN SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, OR IN CONNECTION WITH ANY CONTENT OR PRODUCTS PROVIDED THROUGH THIS SITE OR OUR ELECTRONIC COMMUNICATIONS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES), INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, GOODWILL, INCOME OR PROFITS, WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING RECKLESSNESS), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF TALISMAN HAS BEEN SPECIFICALLY ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.
IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE COST OF PRODUCTS YOU’VE FULLY PAID FOR PLUS $100.
Disputes and Claims
Any dispute or claim relating in any way to the Site, or to any products or services displayed, advertised, sold or distributed by Talisman, must be resolved by the procedures outlined in this section, and the remedies in this section must be exhausted prior to submitting your claim(s) to any court: or arbitrating body.
- You will send us a letter outlining all unresolved claims, postage pre-paid and addressed to our headquarters at the address provided on the Site as our contact address.
- If your claim(s) remain(s) unresolved 15 days after the postmarked date on your letter (the “Claim Date”), you agree to mediate the dispute using a mediator we select and pay for, or a mediator you select and pay for. If you fail to select a mediator of your choice within 30 days of the Claim Date, we will proceed with our own mediator. We each agree to use best efforts to complete mediation within 60 days of the Claim Date.
- If mediation fails to resolve the matter, you must wait an additional 15 days (“cooling down period”) before submitting your claim to a court or arbitration center.
If for any reason your claim proceeds to court, we each waive any right to a jury trial. Further, you explicitly agree that all dispute resolution proceedings, including court, will be conducted only on an individual basis and not in a class, or consolidated or representative action.
You further agree that this section of the Terms does not apply if we decide to bring suit against you in court to stop your infringement or other harmful or illegal conduct caused by you or by your consent or caused via resources under your control.
Talisman’s principal office is located in Saint Paul, Minnesota, USA. All actions or proceedings arising out of or relating to your use of the Site shall be mediated, arbitrated, and/or litigated exclusively in Ramsey Country Minnesota. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Further, you are forever estopped from asserting a claim against Talisman or seeking to obtain alternate jurisdiction anywhere outside of Ramsey County Minnesota.
Modification, and Severability
We anticipate making changes to these Terms as best practices change, and you agree we can make those modifications at any time without further notice to you. Any such modifications will be effective immediately upon posting of the modified Terms to the Site. Accordingly, you agree to review these Terms periodically, and your continued access or use of this Site will be deemed your acceptance of the modified Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms shall remain in full force and effect.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein or by law shall not be deemed a waiver of such provision or such right. All waivers must be in writing and signed by an authorized representative of Talisman. Unless the written waiver contains an express statement to the contrary, no waiver by us of any breach of any provision of these Terms or of any right provided for herein or by law shall be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
Copyright and Infringement Complaints
We want to respond quickly to the concerns of rights owners about any alleged infringement. If you believe that your work has been copied in a way that constitutes infringement, please submit your complaint using our online form and make sure we acknowledge receipt of the form. Or, if you prefer, submit a report in writing and mail it to the address in this document.
Please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the interest;
- A description of the copyrighted work or other property 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
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner or authorized to act on owner's behalf.
Talisman’s agent for notice of claims of infringement can be reached as follows:
Talisman Legal Department
2179 St. Clair Ave.
Saint Paul, MN 55105
Please note that this procedure is exclusively for notifying Talisman that your copyrighted or other material has been infringed.