TERMS AND CONDITIONS
TERMS AND CONDITIONS FOR TEND AND TEMPLE, LLC
Content: All Service content, including, without limitation, all text, graphics, audio, video, music, icons, images, hyperlinks, displays, products, HTML code and scripts (collectively, the "Service Content"), and the collection, arrangement and assembly of the Service Content, is the property of Tend and Temple and its sponsors, distributors, or licensors, and is protected by copyright law and other U.S. and international laws and treaties. The User is granted no right, title or interest in or to the Service Content other than the limited license expressly set forth in these Terms and Conditions. The User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into a website or in any way exploit the Service Content, or any portion thereof, without the express written permission of Tend and Temple.
Online Commerce: The Service may allow Users to make purchases from Tend and Temple or from other unrelated and/or unaffiliated qualified Tend and Temple accounts or merchants (“Merchants”). Where a User makes such a purchase via the Service, all information obtained by Tend and Temple from the User in the course of such purchase, including User Information, may be collected by both Tend and Temple and other Merchants, if any, as well as the payment processing companies utilized for such purchases. A User’s participation, correspondence or business dealings with a Merchant found on or through the Service, as well as all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to such purchase, are solely between the User and that Merchant. The User agrees that Tend and Temple is not responsible or liable for any loss, damage, refunds, or any other matter incurred as the result of such dealings with a Merchant. Payment processing companies and Merchants may have privacy and data collection practices that are different from those utilized by Tend and Temple. Tend and Temple has no responsibility or liability for the independent policies of the payment processing companies and Merchants. In addition to being subject to these Terms and Conditions, certain User purchases may subject that User to additional terms and conditions of the payment processing company and/or the Merchant. For more information regarding a Merchant and its terms and conditions that may apply, visit that Merchant’s website and click on its information links or contact the Merchant directly. The User hereby releases Tend and Temple, its payment processing company, and Merchants from any damages incurred by the User. Moreover, the User agrees not to assert against Tend and Temple, its payment processing company, or Merchants any claims arising from the User’s purchase via the Service.
Product Specifications; Pricing Typographical Errors: We strive to accurately describe our products or services offered on the Service; however, we do not warrant that such specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. As permitted by applicable law, Tend and Temple shall have the right to refuse or cancel any orders in its sole discretion. Your orders are offers to purchase subject to our acceptance, which we may reject or cancel subject to refund. If we charged your credit or other account prior to rejection or cancellation, we will reissue credit to your account. Additional Terms may apply. If a product you purchased or accepted from Tend and Temple is not as described, as permitted by applicable law, your sole remedy is to return it, to cancel the purchase and receive a credit for the purchase price.
Third Party Content: The User understands and agrees that Tend and Temple does not control and is not responsible for any Content made available on the Service by other users. The User’s use of, or reliance on, any information contained in such third party Content is at the User’s sole risk. Under no circumstances will Tend and Temple be liable for any such third party Content or for any loss or damage resulting from the User’s use of, or reliance on, such third party Content.
DISCLAIMERS: as permitted by applicable law, TEND AND TEMPLE AND ITS LICENSORS DO NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SERVICE CONTENT OR REPRESENT THAT THE SERVICE OR THE SERVICE CONTENT IS ERROR-FREE OR CAPABLE OF OPERATING ON AN UNINTERRUPTED BASIS. as permitted by applicable law, THE SERVICE IS PROVIDED “AS IS", "AS AVAILABLE", and "with all faults" basis AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL WARRANTIES, representations, endorsements, or promises, WHETHER EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT or misappropriation of intellectual property rights of third parties, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.
Limitation of Liability: USE OF THE SERVICE IS AT THE USER’S OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, TEND AND TEMPLE AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) USE OR MISUSE OF THE SERVICE OR THE SERVICE CONTENT; (II) INABILITY TO ACCESS OR USE THE SERVICE OR THE SERVICE CONTENT; (III) ANY LOSS OR CORRUPTION OF DATA OR INFORMATION SUBMITTED VIA THE SERVICE; (IV) ANY COMMUNICATIONS OR SERVICES PROVIDED BY, OR REQUESTED FROM, TEND AND TEMPLE VIA THE SERVICE; OR (V) ANY PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE RESULTING FROM ACCESS TO OR USE OF THE SERVICE. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TEND AND TEMPLE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Changes to Service: At any time and without notice to the User, Tend and Temple, in its sole discretion without advance notice or liability, may immediately change or modify the Service, or any features or functions thereof, or may suspend or discontinue the Service, or stop supporting the Service, or any aspect thereof. Any such termination, change, suspension or discontinuance shall be without liability to the User.
The arbitration will be conducted by the American Arbitration Association (the “AAA”) exclusively in Tarrant County, Texas, under the AAA’s rules and procedures, as modified by this section. Arbitration shall be conducted pursuant to the Consumer Arbitration Rules then prevailing at the AAA if the dispute is with an individual consumer and pursuant to the Commercial Arbitration Rules then prevailing at the AAA for all other disputes. The AAA’s rules and a form for initiating arbitration proceedings are available on the AAA’s site at http://www.adr.org.
You and we will select the arbitrator, and if you and we are unable to reach agreement on selection of the arbitrator within 30 days after the notice of arbitration is served, then the AAA will select the arbitrator. Arbitration will not commence until the party requesting arbitration has deposited U.S. $1,000 with the arbitrator for the arbitrator’s fees and costs. The party requesting arbitration will advance such sums as are required from time to time by the arbitrator to pay the arbitrator’s fees and costs until the prevailing party is determined or the parties have agreed in writing to an alternate allocation of fees and costs. Tend and Temple may have the right to pay the AAA fees if required for arbitration to be enforceable.
The arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Texas, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving our other Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Judgment upon any award rendered by the arbitrator is final, binding and conclusive upon you and us and your and our respective administrators, executors, legal representatives, successors and assigns, and may only be entered in the state or federal courts of record for Tarrant County, Texas. The arbitration shall be a confidential proceeding, closed to the general public; provided, however, that you or we may disclose information relating to the arbitration proceedings to your and our affiliates’ lawyers, insurance providers, auditors and other professional advisers. The fact that there is a Dispute between the parties that is the subject of arbitration shall be confidential to the same extent.
Prohibition of Class and Representative Actions and Non-Individualized Relief: AS PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING REGARDING ANY DISPUTE. UNLESS BOTH YOU AND WE AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CLASS PROCEEDING. 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 CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Digital Millennium Copyright Act: If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Tend and Temple’s DMCA Agent with the following information in writing to identify content or material posted on the Service that is infringing that you would like removed from our Service (see 17 U.S.C 512(c)(3) for further detail):
A legend or subject line that says "DMCA Copyright Infringement Notice";
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Your name, address, telephone number, and, if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Tend and Temple will only respond to DMCA notices that It receives by mail or email at the addresses below:
Tend and Temple
6387 Camp Bowie Blvd
Fort Worth, TX 76116
(Attn: DMCA Agent)
By Email: email@example.com
You acknowledge that if you fail to comply with all of the requirements detailed above, your DMCA notice may not be valid. Tend and Temple may elect to not to respond to DMCA notices that do not substantially comply with all of the foregoing requirements.
If you believe that your content that was removed from the Service (or to which access was disabled) is not infringing, or that you have authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the DMCA Agent:
A legend or subject line that says: "DMCA-Counter Notification";
Your physical or electronic signature;
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Tarrant County, Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the DMCA Agent, Tend and Temple may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed Content may be replaced, or access to it restored, after receipt of the counter-notice, at Tend and Temple’s sole discretion.
We will make reasonably good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
Contact: Any questions, complaints, or claims regarding the service may be directed to: firstname.lastname@example.org
Effective Date: October 22, 2022