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Welcome to TENACIOUS HOLDINGS, INC.’s (“Tenacious Holdings” or “Ergodyne”) Terms and Conditions of Use Agreement (the “Agreement”). This Agreement describes the terms and conditions applicable to your use of the web site (“Site”).
By accessing or using this Site, you intend to and expressly agree to be bound by all the terms and conditions of this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference. If you do not agree to these terms and conditions of use, please do not proceed with a transaction and do not use this Site.
Conditions of Sale
Returns, Refunds and Cancellations. All purchases are final. No returns are permitted except for warranty claims. Any refunds must be requested within fourteen (14) days of receiving the merchandise. No refund will be issued following this fourteen (14) day period. To request a refund, please complete the Return Request form on the Support page or call Ergodyne Support as listed under Contact Us.
Payment Terms. Payment terms are within Ergodyne’s sole discretion and, unless otherwise agreed to by Ergodyne, payment must be made at the time of purchase. Your order is subject to cancellation by Ergodyne at its sole discretion. Ergodyne is not responsible for pricing, typographical or other errors in any offer on the Site and Ergodyne reserves the right to cancel any orders resulting from such errors.
Methods of Payment. By selecting Credit Card as a method of payment, you agree that you must be authorized to use the credit card presented as a method of payment. Prior to the purchase of any products on the Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card; (ii) your credit card number; (iii) the credit card type; (iv) the date of expiration; and (v) any activation numbers or codes needed to charge your card. If Ergodyne does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Ergodyne or its agents or if you order has not yet shipped, Ergodyne may cancel you order.
Shipping Terms. All orders will be shipped UPS Ground (standard shipping). All shipping costs will be displayed at the time of purchase and are the sole responsibility of the purchaser. Loss or damage that occurs during shipping by UPS Ground is Ergodyne’ responsibility. You must notify Ergodyne within fourteen (14) days of the date of your order if you believe any part of your purchase is missing, incorrect or damaged. Shipping dates are estimates only.
Service Terms
Use of Site. Ergodyne grants you a limited, revocable license to access this Site to view information on the Site and make purchases provided your use of the Site is solely for your personal, noncommercial use. You agree to not copy or distribute any part of the Site in any medium without Ergodyne prior written approval. You further agree you will not alter or modify any part of the Site. The permission granted to you shall terminate automatically if you breach any of these terms and conditions. Ergodyne reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) modify or remove any materials or products listed on the Site (c) suspend your access to or use of all or any portion of the Site; and (d) terminate this Agreement.
Prohibited Use of Site. You shall not make any commercial use of this Site or its contents, product listings, descriptions, or prices. You further agree not to download or copy any account information for the benefit of any merchant or use any data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Ergodyne.
Limitations
Privacy. Ergodyne does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices.
Accessibility. You agree that from time to time this Site may be inaccessible or inoperable for any reason; including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Ergodyne may undertake from time to time; or (iii) causes beyond the control of Ergodyne or that are not reasonably foreseeable.
Ownership of Intellectual Property
Trademarks. The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks owned by Ergodyne, including but not limited to Ergodyne, Ergodyne badge, ProFlex, Chill-Its, Squids, GloWear, Trex, N-Ferno, Arsenal and Basic-Issue.
All other brand names not owned by Ergodyne on this Site are owned by their respective owners. Under no circumstances may you use or copy any of the Trademarks. Nothing herein should be construed as granting any license or right to use any Trademark displayed on this Site without the express written permission of Ergodyne. You may not frame or utilize framing techniques to enclose any Trademarks, brand names, logos, or use any meta tags or any other “hidden text” utilizing Ergodyne Trademarks without the express written consent of Ergodyne. Any unauthorized use terminates the permission or license granted by Ergodyne.
Copyrighted Works. The content contained on this Site including, but not limited to, images/video, photos, electronic art, animations, graphics, sounds/audio, information and data, communications programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases are owned by or licensed to Ergodyne. Any other copyright protected content not owned by Ergodyne is owned by its respective owner. You agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, or publicly display any content (except for your personal noncommercial use) from the Site without the prior expressed written consent of Ergodyne.
Product Descriptions
Ergodyne attempts to be as accurate as possible. However, Ergodyne does not warrant that the product descriptions, advertisements, or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered on this Site is not as described, your sole remedy is to return it to Ergodyne for a refund. Products displayed on this Site may not be available or discontinued, and products displayed on this Site are subject to change without notice.
Links
This Site may provide links to other web sites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect any endorsement, affiliation, relationship, or sponsorship by Ergodyne with respect to the provider of such linked site or the quality, reliability, or any other characteristic or feature of such linked site. You further acknowledge and agree that Ergodyne is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. ERGODYNE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any non-Ergodyne Site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site.
If a third party links to this Site, it is not necessarily an indication of endorsement, affiliation, relationship, or sponsorship by or with Ergodyne. Ergodyne may not even be aware that a third party has linked to this Site.
Third-Party Content
Any other content not owned by Ergodyne is owned by its respective owner. You acknowledge and agree that such content is provided by its owner and does not reflect any endorsement, affiliation, relationship, or sponsorship by Ergodyne with respect to the provider of such content. You further acknowledge and agree that Ergodyne is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any content provided by third parties including, without limitation, your reliance thereon. ERGODYNE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD-PARTY CONTENT.
Submission of Confidential Information
Do not use this Site as a means of submitting information you consider to be confidential or proprietary. Except as otherwise expressly provided herein or in a written agreement with Ergodyne applicable to your particular use of the Site, any submission of material by you will be considered a contribution to Ergodyne for further use in its sole discretion, regardless of any proprietary claims or reservation of rights noted in the submission. Accordingly, you agree that any material including, but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, photos, original or creative materials, or other information, provided by you in the form of e-mail or submissions to Ergodyne are non-confidential and shall become the sole property of Ergodyne. Ergodyne shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of this material for any purpose, commercial, or otherwise, without acknowledgment or compensation to you. The submission of any material to Ergodyne, irrevocably waives any and all "moral rights" in such materials, including the rights of attribution and integrity.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ARE MADE, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ERGODYNE, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ERGODYNE, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERGODYNE, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ERGODYNE, INC. DOES NOT ASSUME ANY LIABILITY FOR LOST OR STOLEN CREDIT CARD DATA OR FOR FRAUDULENT USE OF YOUR CREDIT CARD. IT IS YOUR SOLE RESPONSIBILITY TO PROTECT YOUR USER NAME, PASSWORD AND CREDIT CARD NUMBERS TO ENSURE USE ONLY AS AUTHORIZED BY YOU.
Miscellaneous
Amendment. Ergodyne may amend or modify the terms of this Agreement at any time for any reason without your consent and such amendment or modification will be binding.
Events Beyond Ergodyne’ Control. Ergodyne shall not be held responsible for any failure or malfunction in power or communications nor the failure or refusal of any third party, including, without limitation, third party intermediaries to perform, continue, or renew their contractual arrangements with Ergodyne, nor inability to perform occasioned by such or by labor strife, war, riot, bankruptcy, or other events beyond the control of Ergodyne.
Severability. If any provision of this Agreement is determined to be illegal or unenforceable, then such provision will be enforced to the maximum extent possible and the other provisions will remain fully effective and enforceable.
Assignment. Ergodyne may assign this Agreement without your consent.
Jurisdiction and Disputes. This Agreement is made in and shall be construed and enforced in accordance with the laws of the State of Minnesota. Should it be necessary to institute an action to enforce any of the terms contained in this Agreement, you agree said action shall and must be instituted in Hennepin County District Court, State of Minnesota. You hereby waive any and all defenses based on lack of personal jurisdiction or forum non conveniens, and any right to recover statutory attorneys’ fees.
Headings. The captions and headings of this Agreement are included for ease of reference only and will be disregarded in interpreting or construing this Agreement.
Survival. The terms and provisions of the above-listed Sections shall survive any termination or expiration of this Agreement.
Entire Agreement. This Agreement constitutes the complete and exclusive statement of the agreement between the parties and supersedes any and all prior or contemporaneous communications, representations, statements, and understandings, whether oral or written, between the parties.
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