| TERMS OF USE FOR WWW.TYDALWAVETEES.COM WEB SITE
WELCOME TO TYDALWAVETEES.COM WEB SITE. 1. Welcome. We are delighted to welcome you to TydalwaveTees.com the web site (the "Site") of Tydalwave Enterprises. Please understand that this Site is offered to you, the user, conditioned upon your acceptance of the terms and conditions set forth in this agreement (the "Agreement"). By using this Site, you are accepting this Agreement in its entirety. If you do not agree to these terms and conditions of use, please do not use this Site. From time to time, when you use particular Tydalwave Enterprises services or buy products on this Site, you will come upon additional guidelines, rules, and policies applicable to such services or products which may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference and will apply to your use of this Site. We ask you to take the time to read this Agreement carefully. The terms and conditions of this Agreement may be amended from time to time by Tydalwave Enterprises by posting such change at the Site. Use by you after a change to these terms and conditions has been so posted by Tydalwave Enterprises shall constitute acceptance by you of such changed terms. If you do not wish to accept such changes, please do not use this Site. This Agreement was last revised on August 28, 2009. 2. Use Limitations. Tydalwave Enterprises prepared this Site for your personal and non-commercial use. Please do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, or create derivative works from information or material on this Site, except as follows: You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is not permitted. 3. Territory. This Site is for the use of individuals located in the United States (the "Territory"). We are sorry, but orders or requests for information or services from outside this Territory will not be filled. If you are accessing this Site from outside the Territory, and are interested in Tydalwave Tee's or Tydalwave Enterprises products or for more information about company Stores, please email us at info@tydalwavetees.com 4. Notices. Tydalwave Tee's owns the domain to this site. 5. Liability Disclaimer. The information and other material published on this Site may include inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Tydalwave Enterprises reserves the right to change the Site at any time, in its discretion. Tydalwave Enterprises does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Tydalwave Enterprises Stores and its subsidiaries and affiliates shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein. Limited Warranties for Tydalwave Tee's products purchased through the on-line ordering features are set out in the Customer Service section on this Site. 6. No unlawful or prohibited use. Please note that we require of you, as a condition of your use of this Site, that you will not use this Site or post any information or material on this Site, for any purpose or in any manner that is unlawful, violates any third party's rights, or is prohibited by these terms, conditions and notices. You understand that Tydalwave Enterprises may suspend or terminate your access to its site in its discretion if you violate this provision or any other provision of these Terms of Use and may also delete all or any portion of any material you post. 7. Links to third party sites. This Site may contain links to sites operated by third parties. Such links are provided for your reference and convenience only. Tydalwave Enterprises is not responsible for the content, products, services, statements or privacy policies in, offered, made or asserted in such sites. The mere inclusion of such links within this Site does not constitute any endorsement of the material on such sites or any association with their operators. Tydalwave Enterprises reserves the right to de-link from any and all third party sites at any time. Third parties wishing to link to this Site should do so only to the Site's home page. No use of Tydalwave Enterprises Company trademark may be made in connection with such link without Tydalwave Enterprises approval and Tydalwave Enterprises reserves the right to bar such link at any time. 8. This Site is not for children under thirteen years of age. 9. On-line ordering of services and goods. Tydalwave Tee's may from time to time offer you the opportunity to purchase certain services and products through the Site. Such purchases are subject to certain terms and conditions which appear when you elect to purchase such goods and services, in addition to those set forth otherwise in these Terms of Use. We will not ship products or provide services to those located outside of the Territory, in jurisdictions that do not permit the application of these Terms of Use or to locations in which the shipment or provision of such products or services would be prohibited. 10. Monitoring. In order to better serve you, Tydalwave Tee's may monitor your use of this Site, subject to the terms of our privacy policy, referenced below. 12. Your representations and warranties. You represent, warrant and covenant that: (a) you shall not upload from, post or transmit to, or distribute or otherwise publish through the Site any materials which (I) restrict or inhibit any other user from using the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other right, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, (vii) are false regarding you, or (vii) constitute or contain false or misleading indications of origin or statements of fact; (b) all information you provide about yourself shall be true and accurate; (c) you are at least 18 years old (or are using this Site with the permission of your parents); (d) you shall be responsible for all orders placed by you or with your authorization or by individuals to whom you have given authorization to use your credit card or similar payment mechanisms; and (e) when using this Site you will be located within the Territory. 13. Your password. In the event your activity on the Site requires the use of a password, please keep this password in a safe place. You agree to keep any password that you may be given during your use of the Site secret and not to share it with anyone. Should you share your password with anyone or fail to take reasonable steps to keep it secure, you shall be responsible for all activity conducted with your password. 14. Your indemnification. You hereby agree to indemnify, and hold Tydalwave Enterprises, and all its officers, directors, owners, agents, employees, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach or alleged breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. Tydalwave Enterprises shall have the right to defend, settle and compromise any such claim with counsel of its own selection. You shall cooperate as fully as reasonably required in the defense thereof. You shall not in any event settle any matter without the written consent of Tydalwave Enterprises. 15. Privacy Policy. We consider your privacy to be very important and we want to be sure you are aware of and agree to the way in which we might use personal information about you. You hereby agree to Tydalwave Enterprises Privacy Policy which is hereby incorporated into this Agreement, in which we detail the ways in which we might utilize personal information coming from you. Please keep in mind when you post any information on the Site, including, without limitation, in the interactive sections, that the information you post, whether about yourself or others, may be viewed by others. Use good sense and prudence in determining the extent of personal information you wish to make available to others. 16. Termination. (a) Termination by Tydalwave Enterprises. We may at any time, without prior notice and at its sole discretion, terminate this Agreement, in whole or in part, with or without cause and with no obligation of prior notice to you. (b) Your remedy. You may terminate this Agreement at any time by ceasing to use the Site. Your sole remedy against Tydalwave Enterprises in the event of dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement. (c) Your Data. In the event of termination of this Agreement, Tydalwave Enterprises may delete and/or store in its discretion, data associated with your use of the Site. 17. 100% Money Back Guarantee. Tydalwave Tee's offers a one hundred percent of purchase price money back guarantee for items returned within ten(10) days of purchase. Items must be in perfect condition. Upon refund, the exact shipping price will be deducted from monetary return. Item is subject to disapproval of money return by officials of Tydalwave Tee's. We may at any time terminate this guarantee, in whole or in part, with or without cause and with no obligation of prior notice to you. |
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