Collection of Personal Information
When you engage in certain activities on this site, you may be asked to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, you may be required to provide personal information, such as your name, mailing address, email address, and other personal identifying information.
When you submit personal information, you understand and agree that TessBuy.com may transfer, store, and process your information in any of the countries in which TessBuy.com and its service providers maintain offices, including without limitation, the United States.
TessBuy.com collects this information in order to record and support your participation in the activities you select. TessBuy.com also uses information that you provide as part of our effort to keep you informed about product upgrades, special offers, and other TessBuy.com products and services. TessBuy.com will never sell or share your information with other companies, except for trusted companies that help us operate our website and process payments.
Our website may include links to other websites or products. These third-party sites have separate and independent privacy policies, so we have no responsibility or liability for the content and activities of these linked sites.
Notice/Acceptance of Terms
Access to the Site
In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. COMPANY makes no representations, warranties or assurances as to the availability of the Site.
Restrictions on Use
You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information.
Nothing in this Agreement shall be construed as conferring any right under any intellectual property of COMPANY, its affiliates or any other person or entity owning the intellectual property in the content provided on this Site.
All COMPANY trademarks that appear on the Site are the exclusive property of COMPANY. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress and associated products and services. Any use of them without prior written authorization of COMPANY or the relevant trademark owner is strictly prohibited, including, copying, redistribution, reproduction and/or modification of the contents of this Site.
Any third party trademarks mentioned on this Site which are not those of COMPANY are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names
Modifications to Site
COMPANY reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice. You agree that COMPANY shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site. The information and materials contained on the Site are subject to change. COMPANY endeavors to keep the information posted on this Site current, however, such information is subject to change at any time without notice to you and the posted information on this Site may not immediately reflect such changes.
Third-Party Links and Advertising
This Site may provide links or references to other sites. If COMPANY has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be implied that COMPANY is connected with, operates or controls these web sites.
COMPANY makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. COMPANY disclaims any opinions expressed on such sites. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that COMPANY endorses the content of such sites. Where COMPANY is offering its own content on or through third-party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.
COMPANY takes no responsibility for third-party advertisements which are posted on this Site and our newsletters, nor does it take any responsibility for the goods or services provided by its advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including, without limitation, with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of COMPANY. You agree that COMPANY shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, “Claims”) incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify COMPANY and its affiliates from and against any Claims incurred as the result of any such dealings. If you are interested in creating hypertext links to this Site, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or COMPANY, including its respective employees, agents, directors, officers and shareholders.
Disclaimer of Warranties
Except as expressly provided otherwise, COMPANY disclaims any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. COMPANY disclaims any responsibility for the deletion, failure to store, nondelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.
Any product and/or communications sent to you via this Site or otherwise from COMPANY (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, health, financial, investment, corporate, or tax information) are provided for informational and entertainment purposes only and are not intended to provide legal, investment, health, financial, or tax advice and should not be relied upon in that regard. Therefore, you should independently consult a lawyer, doctor, tax advisor or other subject-related expert for advice.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, COMPANY AND ITS DATA PROVIDERS WILL USE REASONABLE EFFORTS TO INCLUDE UP-TO-DATE AND ACCURATE INFORMATION IN THIS SITE, BUT ALL INFORMATION, PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE TECHNOLOGY, PRODUCTS AND SERVICES OFFERED ON THE SITE. COMPANY AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL. Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.
Limitation of Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN OR IN AN APPLICABLE SUPPLEMENTAL AGREEMENT, IN NO EVENT SHALL COMPANY, ANY OF COMPANY’S AFFILIATES, SUBSIDIARIES OR DATA PROVIDERS, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING OR MANAGING THE CONTENT OF THIS SITE (COLLECTIVELY THE “SITE PROVIDERS”), BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY CLAIMS WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE, ANY COMMUNICATIONS SENT TO YOU VIA THIS SITE OR OTHERWISE FROM COMPANY (INCLUDING, WITHOUT LIMITATION, IN THE FORM OF ELECTRONIC MAIL OR VIA TELEPHONE), OR INFORMATION AVAILABLE FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH INFORMATION, THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO FROM THE SITE PROVIDERS, AND INCONVENIENCE, DELAY OR LOSS OF USE OF THE SERVICE, EVEN IF ANY ONE OF OR ALL OF THE SITE PROVIDERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE SITE PROVIDERS ASSUME NO LIABILITY OR RESPONSIBILITY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT OF THIS SITE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Information Collected by Third-parties.
We may allow third-party companies that use tracking technologies, such as cookies or pixels, to record IP information about users who visit or interact with our website. Our website does not provide any personal information to these third-parties. This information allows them to deliver targeted advertisements and gauge their effectiveness. Some of these third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative which offers a single location to opt out of ad targeting from member companies.
1. Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. Any Claim must be filed by 180 days after it arose or be forever barred. You agree not to bring or take part in a class action against TessBuy.com or its related entities, and you indemnify TessBuy.com and its related entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to our Site use.
2. Entire Agreement: This Agreement is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of COMPANY, which are not included in this Agreement, shall be binding on COMPANY or its affiliates.
3. Amendments: Neither you nor COMPANY may modify or amend this Agreement, in whole or in part without the prior written consent of both you and an authorized representative of COMPANY. However, COMPANY may replace this Terms of Service Agreement from time to time and your subsequent use of the Site, or any content, programs or materials provided through the Site, will be subject in all respects to the terms and conditions of such terms of service in force at the time of such subsequent use. You are advised to check this Global Terms of Service Agreement regularly for any modifications.
4. Waiver: No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and COMPANY. COMPANY’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
5. Severability: If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
6. Miscellaneous: This Agreement shall inure to the benefit of COMPANY and its subsidiaries and affiliates. Any and all references in this Agreement to COMPANY and its affiliates shall, where the context so permits, include COMPANY’s parent companies, sister companies, and their respective subsidiaries, affiliates, directors, officers, employees, contractors and agents. The headings contained herein are for convenience only and shall have no legal or interpretive effect. Additional terms and conditions may apply when you use other services, affiliate services, third-party content or third-party software on or through a link provided on the Site.
7. Assignment: COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.
8. Email Communication: When you subscribe to the email list or register for a membership on the site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
9. Confidentiality and Passwords: When you open an account to use or access the site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify COMPANY immediately of any unauthorized use of your account, user name, or password. COMPANY shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by COMPANY, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
10. Code of Conduct: Users of TessBuy.com are required to comport themselves responsibly and respectfully on the site. TessBuy.com reserves the right to terminate any account on TessBuy.com without cause at any time for any conduct it determines, in its sole discretion, damages our reputation, the usability of the site or the user experience of parties other than yourself, including TessBuy.com employees.