Last updated: February 27, 2023
Introduction
Welcome to tenmos.shop (the “Site”), owned and operated by Tenmos LLC (“Tenmos”, “we”, “us” or “our”). These Terms of Use (“Terms”) govern your access to and use of our Site and any content, products, services, or applications offered by Tenmos (collectively referred to as the “Services”).
Please read these Terms carefully before using our Site or Services. By accessing the Site or using any Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you may not access or use our Site or Services.
Use of Site and Services
Eligibility: The Site and Services are intended solely for users who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older.
Account Registration: Certain features or services offered on or through the Site may require you to register for an account. When you register for an account, you agree to provide accurate and complete information about yourself, and to promptly update such information if it changes. You are solely responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account. Tenmos reserves the right to suspend or terminate accounts which are found to contain inaccurate or incomplete information.
Ordering Products: The Site enables users to purchase Tenmos brand wireless mice and other related products. When placing an order through the Site, you agree to provide complete and accurate information including your name, billing/shipping address, payment information, and any other details required to complete the transaction. You represent that you have the legal right to use any payment method provided. All orders are subject to acceptance by Tenmos, and Tenmos may decline to accept any order, or portion of any order, for any reason in its sole discretion.
Shipping Policies: Shipping fees and delivery timeframes for products ordered through the Site will depend on your shipping address and selected shipping option. All shipping details provided during checkout reflect our best estimate for delivery to your location, but actual delivery times may vary due to unexpected factors or delays by the shipping carrier. We will make reasonable efforts to fulfill your order in a timely manner, but cannot provide any guarantees regarding processing/transit times. Risk of loss for shipped products passes to you upon transfer to the carrier.
Returns/Refunds: For any products purchased through the Site, you may request a return/refund within 30 days of delivery for a full refund of the purchase price, minus any shipping fees. To request a return, please contact us through the Site. We will provide a pre-paid return shipping label or shipping instructions. Refunds will be processed within approximately 3-5 business days of receiving the returned product.
Prohibited Uses: You agree not to use the Site or Services for any unlawful or prohibited purpose, or in any way that violates these Terms. Prohibited uses include (but are not limited to):
- Harassment, abuse, or invasion of privacy of any person or entity
- Impersonating any person or entity or providing false information
- Artificially generating traffic, transactions, or other activity on the Site
- Introducing any malware, viruses, defects, Trojan horses, etc. into the Site or Services
- Engaging in any automated data collection, data mining, or data scraping without express authorization
- Using any tools, systems, or processes to crawl, spider, scrape, or index the Site or Services
- Interfering with the operation of the Site or Services in any way
- Circumventing any access controls, usage rules, or security measures
We reserve the right to terminate your access to the Site or Services if we reasonably believe you have violated these Terms or applicable laws.
User Content
The Site and Services may allow you and other users to upload, submit, or transmit photos, videos, text, and other content (“User Content”). You retain full ownership of any User Content you submit, but you grant Tenmos a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, display, distribute, and promote your User Content through the Site or Services.
By submitting any User Content, you represent and warrant that:
- You own or have the necessary rights/permissions to use and share the User Content, and to grant Tenmos the specified license
- The User Content is complete, accurate, lawful, and will not infringe or violate any rights of any third party
We reserve the right to remove or decline to publish any User Content for any reason in our sole discretion. However, we have no obligation to screen, police, edit, or review any User Content and do not control User Content submitted by our users. We do not endorse or approve any User Content, and any opinions expressed in User Content belong solely to the relevant author, not Tenmos. User Content does not represent the views or opinions of Tenmos or its representatives.
You are solely responsible for your interactions with other users of the Site and Services. We encourage you to use caution in communicating with strangers online.
Intellectual Property
The Site and Services contain proprietary content, information, and material that is owned exclusively by Tenmos or its licensors (the “Tenmos IP”). Tenmos IP is protected by applicable intellectual property and other laws, including (but not limited to) copyright, trademark, and trade secrets.
You acknowledge and agree that Tenmos owns exclusive rights in all Tenmos IP provided through the Site or Services. Other than the limited licenses expressly granted in these Terms, Tenmos does not grant any express or implied rights in Tenmos IP.
The Tenmos name, logo, trademarks, and service marks are the exclusive property of Tenmos LLC and may not be copied, downloaded, reproduced, modified, published, distributed, transmitted, or otherwise used without express written permission from Tenmos, except as reasonably necessary to view the Site and make lawful purchases through the Site.
Disclaimers and Limitations
No Warranties: The Site and Services are provided on an “as-is” basis without warranties of any kind to the fullest extent permitted by law. Tenmos expressly disclaims any and all representations, warranties, and endorsements regarding the Site, Services, or any content, products, or applications accessible through the Site or Services. This includes (but is not limited) to any warranties regarding:
- Accuracy, completeness, correctness, non-infringement, or reliability
- Availability, uptime, security, or performance of the Site or Services
- Merchantability, fitness for a particular purpose, safety, or legality
- Absence of viruses, defects, Trojan horses, malware, or other harmful components
Assumption of All Risks: By accessing our Site or using our Services, you voluntarily assume all risks associated with such access or use, including any risk of loss, damage, interruption, defect, delay in operation or transmission, failure, inaccuracy of content, or other harm that may occur.
No Liability: Under no circumstances shall Tenmos or its officers, directors, employees, agents, partners, vendors, content providers, or licensors be liable to you or any third parties for any loss of profits, sales, business, data, or other financial loss, injury, incidental, indirect, special, punitive, consequential, or exemplary damages arising from or related to your access/use of (or inability to access/use) the Site or Services. This applies regardless of the legal theory under which liability is asserted, even if Tenmos has been advised of the possibility of such liabilities or damages.
Certain state laws do not allow limitations on implied warranties or exclusion of certain damages, so some of the above disclaimers and limitations may not apply to you.
Indemnity: You agree to fully defend, indemnify, and hold Tenmos and its officers, directors, employees, agents, partners, vendors, content providers, and licensors harmless from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your access/use of the Site or Services, any User Content you submit, or your violation of these Terms. Tenmos reserves the right to assume exclusive defense and control of any such claim or matter, at your expense. You agree to cooperate fully in defending any such claims.
Modifications and Termination
We reserve the right to modify these Terms at any time by posting updated Terms on this page, with or without prior notice. All modified Terms take effect immediately upon posting. Continued access to or use of the Site or Services indicates your acceptance of the modified Terms. We encourage you to check this page periodically for updates.
We reserve the right to suspend or terminate your access to the Site, Services, your account, or any related features at any time, for any reason, with or without notice. Reasons for termination may include (but are not limited to) violations of these Terms, extended periods of account inactivity, or our decision to cease operating the Site or Services. Sections regarding intellectual property, disclaimers/limitations of liability, indemnity, and any other terms intended to survive termination shall survive any such termination.
Governing Law and Dispute Resolution
These Terms are governed in all respects by the substantive laws of the State of Delaware, without regard to conflicts of law rules or principles that would cause the application of the laws of any other jurisdiction.
Any dispute, claim, or controversy arising out of or relating to the Site, Services, or these Terms shall be resolved first through informal negotiations between the parties. If negotiations are unsuccessful, the parties agree to attempt private mediation before a neutral third party mediator to be selected by the parties. If mediation is unsuccessful, any legal action in relation to these Terms or our Site/Services must be brought exclusively in the federal or state courts located in Delaware, United States. You hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.
General Provisions
Electronic Communications: When you access our Site or use our Services, or send emails or other electronic communications to Tenmos, you consent to receiving electronic communications from us in return. We will communicate with you by email, text, or by posting notices on the Site. You agree that all such communications satisfy any applicable “in writing” legal requirements. Electronic documents shall be deemed delivered to a party on the sent date of the communication.
No Agency; No Third Party Beneficiaries: No agency, partnership, joint venture, or employee-employer relationship exists between Tenmos and any user, and no such relationship is created between Tenmos and any user based on your access/use of our Site or Services. Nothing in these Terms is intended to confer any rights or remedies on any third party beneficiaries.
Assignment: You may not assign or delegate these Terms or your rights/obligations hereunder without Tenmos’s express prior written consent. Tenmos is free to assign these Terms or any rights/obligations hereunder without notice. Any prohibited assignment shall be null and void.
Force Majeure: Tenmos is not responsible for any failure to perform or delay in performance of our obligations under these Terms that result from any event or circumstance beyond our reasonable control. Such events include (but are not limited to) acts of God, labor disputes/strikes, changes in law, power failures, service outages, or failures/problems by service providers or vendors.
Severability: If any provision of these Terms is found invalid, unlawful, or unenforceable by a court of competent jurisdiction, the remaining Terms provisions shall remain in full force and effect. Unenforceable provisions will be revised and interpreted to accomplish the original goals/intent of the Terms to the greatest extent permitted by law.
No Waivers: Any failure or delay by Tenmos to enforce any term or condition of these Terms does not constitute a waiver of such terms. No waiver by Tenmos of any breach or default shall be deemed a waiver of any subsequent breach or default.
Headings for Convenience Only: Section headings are added for convenience only and shall not be considered when interpreting the meaning/intent of these Terms.
Entire Agreement: These Terms constitute the entire agreement between you and Tenmos relating to their subject matter and supersede any prior understandings or agreements. No purchase order, amendment, or other document issued by you will modify, supersede, or supplement these Terms.
Contacting Us
If you have any questions about the Site or Services, or these Terms, please contact us at:
Tenmos LLC
123 Main St.
Anytown, DE, 12345
Email: [email protected]
Thank you for visiting our Site!