Membership Terms of Service
Terms of Service
Section 1
TERMS OF SERVICE / MONTHLY VIP CLUB BILLING TERMS
Welcome! These Terms of Service, which incorporate by reference our Privacy Policy (collectively, the “Terms” or “Agreement”) are a legal contract between you (“you” or “your”) and TenTech (“Company,” “we,” “our,” or “us”) governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing TenTech VIP and provisions that require arbitration of individual claims and limit your potential remedies.
TenTech VIP TRIAL AND SUBSCRIPTION TERMS
TenTech VIP. Company offers a subscription membership (the “TenTechVIP”), which provides access to VIP Benefits, according to these Terms and as displayed to you at the time you enrolled. Company may change TenTech VIP promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
Free 7-Day Trial Period. If you enrol in a free trial period for the TenTech VIP, you are not charged for 7 days from the date of purchase for the subscription membership (you will be charged for any physical products that you purchase). However, you will be required to provide payment information to pay for the TenTech VIP fees, including any taxes, which will be due once the trial period ends unless you cancel as outlined below. New members only.
Charges and Automatic Renewals.
On the day after your trial ends, your credit card or other payment method on file will be charged the TenTech VIP fees of $29.99 USD (exclusive of taxes) without obtaining your further confirmation. Further, your TenTech VIP will automatically renew each billing period of 30 days, and you will be charged $29.99 USD (exclusive of taxes) every 30 days, until you cancel.
Cancellation.
If you do not want to continue the TenTech VIP after the trial period or if you wish to cancel the TenTech VIP at any time, you may do so by filling out the Cancel Membership form on our Website, by emailing us at support@TenTech.com at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the order. Your failure to cancel or your continued use of the TenTech VIP reaffirms that the Company is authorized to charge you for, and you are responsible for paying, all TenTech VIP fees.
Payment Methods.
By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, Apple Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and TenTech VIP may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
Refunds.
ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products and the TenTech VIP, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of The United States of America without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in The United States of America (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision.
If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions.
YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
DISCLAIMERS & LIMITATION OF LIABILITY
Application.
This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties.
COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability.
IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
MODIFICATION & TERMINATION
Modification. Company may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.
Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination.
Company may terminate this Agreement, the Service, your account, and your TenTech VIP at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your TenTech VIP, you should follow the instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your TenTech VIP for a violation of this Agreement or any applicable laws.
Limited License.
Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service.
Your Account.
To use parts of the Service, such as to access your TenTech VIP benefits, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Company immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate service to anyone at any time for any reason, including violations of this Agreement or any applicable laws, rules, or regulations.
USER CONTENT
User Content. The Service may allow you to create, post, or share content, including but not limited to, text, images, audio, video, and other content (collectively, “User Content”). You retain all rights in and to your User Content, but you grant Company and its affiliated entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and Company’s (and its successor’s) business, including but not limited to for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
Your Representations and Warranties.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content (and all content included therein) and that your User Content does not infringe, violate, misappropriate, or otherwise conflict with the rights of any third party, including but not limited to privacy rights, publicity rights, intellectual property rights, or other proprietary rights. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of your User Content. You also represent and warrant that your User Content complies with all applicable laws and regulations and does not contain any defamatory, libelous, or obscene material. Company may, but has no obligation to, review, monitor, or remove User Content at our sole discretion and at any time and for any reason, without notice to you.
INTELLECTUAL PROPERTY
Company Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content (collectively, “Company Content”) is owned, controlled, or licensed by or to Company and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Service and no Company Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without our express prior written consent.
Feedback. If you choose to submit comments, ideas, or feedback about the Service (“Feedback”), you agree that we are free to use them without any restriction or compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, or obtained from sources other than you.
INFRINGEMENT CLAIMS
Company respects the intellectual property rights of others. If you believe that Company or any User is infringing your copyright, you may send a notice of infringement to Company’s designated agent identified below. Company may terminate the accounts of users who are repeat infringers.
MISCELLANEOUS
Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
Severability.
If any provision of this Agreement is held to be invalid or unenforceable, the other provisions of this Agreement will remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to effectuate the intent of the parties as shown by such provision to the fullest extent permitted by applicable law, and such provision will be enforced to the extent permissible by applicable law.
No Waiver.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Assignment.
Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or any part of it, whether voluntarily or by operation of law, without Company’s prior written consent. Any purported assignment in violation of this Section shall be void.
Contact.
If you have any questions about this Agreement, you may contact us at support@Tentech.com.
By continuing to use the Service, you acknowledge that you have read and agree to these Terms.
Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 1
TERMS OF SERVICE / MONTHLY VIP CLUB BILLING TERMS
Welcome! These Terms of Service, which incorporate by reference our Privacy Policy (collectively, the “Terms” or “Agreement”) are a legal contract between you (“you” or “your”) and TenTech (“Company,” “we,” “our,” or “us”) governing your access to and use of our websites, any applications where these Terms are posted, and when you make any purchase from us (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must immediately stop accessing and using the Service. These Terms contain important provisions, including provisions outlining the automatically renewing TenTech VIP and provisions that require arbitration of individual claims and limit your potential remedies.
TenTech VIP TRIAL AND SUBSCRIPTION TERMS
TenTech VIP. Company offers a subscription membership (the “TenTechVIP”), which provides access to VIP Benefits, according to these Terms and as displayed to you at the time you enrolled. Company may change TenTech VIP promotional terms from time to time but will not increase fees without reasonable advance notice to provide an opportunity for you to cancel. Company may also offer additional deals from time to time, which will be confirmed during the checkout process.
Free 7-Day Trial Period. If you enrol in a free trial period for the TenTech VIP, you are not charged for 7 days from the date of purchase for the subscription membership (you will be charged for any physical products that you purchase). However, you will be required to provide payment information to pay for the TenTech VIP fees, including any taxes, which will be due once the trial period ends unless you cancel as outlined below. New members only.
Charges and Automatic Renewals.
On the day after your trial ends, your credit card or other payment method on file will be charged the TenTech VIP fees of $29.99 USD (exclusive of taxes) without obtaining your further confirmation. Further, your TenTech VIP will automatically renew each billing period of 30 days, and you will be charged $29.99 USD (exclusive of taxes) every 30 days, until you cancel.
Cancellation.
If you do not want to continue the TenTech VIP after the trial period or if you wish to cancel the TenTech VIP at any time, you may do so by filling out the Cancel Membership form on our Website, by emailing us at support@TenTech.com at least 3 days before the next billing period with your full name and the email and physical address associated with your use of the order. Your failure to cancel or your continued use of the TenTech VIP reaffirms that the Company is authorized to charge you for, and you are responsible for paying, all TenTech VIP fees.
Payment Methods.
By providing a credit card or other payment method, including through the checkout process, express checkout, or using PayPal, Google Pay, Apple Pay, or otherwise, you warrant that you are authorized to use the payment method and authorize Company and any third-party payment processors and billing agents to charge your payment method for the total amount due. If the payment method cannot be verified or is not accepted, your purchases and TenTech VIP may be cancelled. These Terms shall constitute authorization to the issuer of the payment without requiring a signed receipt from you, and Company will not be liable for insufficient funds or charges incurred by you resulting from collection of fees. If you provide a debit card number instead of a credit card number, you authorize all charges to be applied to such debit card. Company reserves the right to correct any errors or mistakes for payment at any time.
Refunds.
ALL SALES ARE FINAL WITH NO REFUNDS, including for physical products and the TenTech VIP, unless otherwise indicated at checkout or as otherwise required by applicable law or determined by us in our sole discretion. If you qualify for a return in our sole discretion, your inquiries and returns should be directed to us as outlined below.
DISPUTE RESOLUTION
Governing Law and Venue. Subject to and without waiving the arbitration provision below, this Agreement shall be exclusively governed by and construed in accordance with the laws of The United States of America without regard to its conflict of law principles, and the proper venue for any judicial action arising out of or related to this Agreement shall be the state and federal courts located in The United States of America (a “Court of Competent Jurisdiction”). You and Company stipulate to, and waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. If you reside outside the U.S. and bring a Claim against Company outside the U.S., applicable laws may authorize you to bring a Claim against Company, which shall be brought in your individual capacity only and not in any class action, in the forum where you reside.
Arbitration Provision.
If you and Company cannot resolve a Claim through informal negotiations, any Claim shall be finally and exclusively resolved by binding arbitration. “Claim(s)” means any claim or dispute between the parties and/or their parents, subsidiaries, affiliated entities or persons, employees, agents, members, partners, officers, owners, managers, directors, independent contractors, manufacturers, licensors, beneficiaries, successors, and/or assigns, and each of their owners and/or agents (collectively, “Company Entities” who shall be third-party beneficiaries of this Agreement where referenced) arising out of or related to this Agreement or the Service. This arbitration provision is reciprocal, and any election to arbitrate by one party shall be final and binding on the other. This arbitration provision, including the interpretation and enforcement of this provision, shall be governed by the Federal Arbitration Act.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Company agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Company agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Company, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Company initiates arbitration against you, Company shall pay all costs associated with the arbitration. Regardless, you and Company will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
Waiver of Class Actions.
YOU AND COMPANY (INCLUDING ANY THIRD-PARTY BENEFICIARIES) MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THIS WAIVER IS A MATERIAL PROVISION. UNLESS YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS; AND THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
DISCLAIMERS & LIMITATION OF LIABILITY
Application.
This Section applies to the fullest extent permitted by applicable laws. Some jurisdictions may not allow the exclusion of certain warranties or the limitation of certain damages, so some of the below terms may not apply to you. Company Entities, and their owners and agents, are intended third-party beneficiaries of this Section. No advice or information obtained by you through the Service or otherwise shall alter the terms stated in this Section.
Disclaimer of Warranties.
COMPANY, ON BEHALF OF ITSELF AND COMPANY ENTITIES, AND THEIR OWNERS AND AGENTS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE SERVICE IS PROVIDED “AS IS.” NEITHER COMPANY NOR ITS AFFILIATED ENTITIES OR AGENTS WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liability.
IN NO EVENT SHALL COMPANY OR COMPANY ENTITIES, OR THEIR OWNERS OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FAILURE TO MEET ANY DUTY (INCLUDING GOOD FAITH, REASONABLE CARE, NEGLIGENCE, OR OTHERWISE), REGARDLESS OF THE FORESEEABILITY OF THE LOSS OR DAMAGES OR NOTICE OTHERWISE. THESE LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER THE LOSS OR DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER THEORY OR FORM OF ACTION. YOU AGREE THAT THIS SECTION REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. WITHOUT LIMITING OTHER PROVISIONS, IN NO EVENT WILL COMPANY OR ITS AFFILIATED ENTITIES OR AGENTS BE LIABLE TO YOU FOR ANY CLAIMS EXCEEDING $100 OR THE AMOUNT OF FEES YOU PAID IF GREATER.
ASSUMPTION OF RISK
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, that may result from your access to or use of the Service.
MODIFICATION & TERMINATION
Modification. Company may modify this Agreement, including the Privacy Policy, at any time upon posting a new version via the Service or by other notice to you. You should review this Agreement periodically. Your continued access to or use of the Service constitutes acceptance of modified provisions. This Agreement may otherwise only be modified by a writing signed by both parties.
Errors. The Service may contain errors, inaccuracies, and omissions, which Company may correct at any time but has no obligation to do so. Company may modify or discontinue the Service, including any products, descriptions, and prices, at any time. Company is not responsible for the accuracy or completeness of all content provided with the Service, and content is provided for general information only. Company makes efforts to display product photographs and information accurately, but we cannot guarantee that your display will be accurate.
Termination.
Company may terminate this Agreement, the Service, your account, and your TenTech VIP at any time for any reason without prior notice. If you wish to terminate this Agreement, you should cease using the Service; and if you wish to cancel your TenTech VIP, you should follow the instructions outlined above. Sections 2, 3, 8, and 9 shall expressly survive any termination of this Agreement.
YOUR USE OF THE SERVICE
Your Qualifications. You must be at least 18 years old and legally qualified to use the Service and, if you are using the Service on behalf of a company, authorized to enter into this Agreement on behalf of that company. You warrant that all information you provide in connection with your use of the Service is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of any credentials and information used in connection with the Service, and you agree to notify Company immediately of any unauthorized use of the same. We reserve the right to suspend or terminate your use of the Service, including your account, and to suspend or cancel your TenTech VIP for a violation of this Agreement or any applicable laws.
Limited License.
Subject to your compliance with this Agreement and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited license to access and use the Service solely for your personal access and use in the manner intended by the Service. This license does not allow you to otherwise reproduce, copy, modify, reverse engineer, sell, or exploit any portion of the Service without our prior express written consent. Upon termination of this Agreement, your account, or as otherwise directed by Company, this limited license shall immediately cease, and you must stop accessing and using the Service.
Your Account.
To use parts of the Service, such as to access your TenTech VIP benefits, you must use an account. You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Company immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate service to anyone at any time for any reason, including violations of this Agreement or any applicable laws, rules, or regulations.
USER CONTENT
User Content. The Service may allow you to create, post, or share content, including but not limited to, text, images, audio, video, and other content (collectively, “User Content”). You retain all rights in and to your User Content, but you grant Company and its affiliated entities a worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, distribute, prepare derivative works of, display, perform, and otherwise exploit your User Content in connection with the Service and Company’s (and its successor’s) business, including but not limited to for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, and perform such User Content as permitted through the functionality of the Service and under this Agreement.
Your Representations and Warranties.
You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to your User Content (and all content included therein) and that your User Content does not infringe, violate, misappropriate, or otherwise conflict with the rights of any third party, including but not limited to privacy rights, publicity rights, intellectual property rights, or other proprietary rights. You agree to pay for all royalties, fees, and any other monies owing to any person by reason of your User Content. You also represent and warrant that your User Content complies with all applicable laws and regulations and does not contain any defamatory, libelous, or obscene material. Company may, but has no obligation to, review, monitor, or remove User Content at our sole discretion and at any time and for any reason, without notice to you.
INTELLECTUAL PROPERTY
Company Content. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to design, structure, selection, coordination, expression, “look and feel,” and arrangement of such content (collectively, “Company Content”) is owned, controlled, or licensed by or to Company and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and unfair competition laws. No part of the Service and no Company Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial purpose without our express prior written consent.
Feedback. If you choose to submit comments, ideas, or feedback about the Service (“Feedback”), you agree that we are free to use them without any restriction or compensation to you. By accepting your Feedback, we do not waive any rights to use similar or related Feedback previously known to us, developed by our employees, or obtained from sources other than you.
INFRINGEMENT CLAIMS
Company respects the intellectual property rights of others. If you believe that Company or any User is infringing your copyright, you may send a notice of infringement to Company’s designated agent identified below. Company may terminate the accounts of users who are repeat infringers.
MISCELLANEOUS
Entire Agreement. This Agreement and the Privacy Policy constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.
Severability.
If any provision of this Agreement is held to be invalid or unenforceable, the other provisions of this Agreement will remain in full force and effect. Any invalid or unenforceable provisions will be interpreted to effectuate the intent of the parties as shown by such provision to the fullest extent permitted by applicable law, and such provision will be enforced to the extent permissible by applicable law.
No Waiver.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Assignment.
Company may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or any part of it, whether voluntarily or by operation of law, without Company’s prior written consent. Any purported assignment in violation of this Section shall be void.
Contact.
If you have any questions about this Agreement, you may contact us at support@Tentech.com.
By continuing to use the Service, you acknowledge that you have read and agree to these Terms.
Changes to the Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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