terms of service
Last Updated: January 7, 2021
This website is operated by TINGE LLC (“TINGE”, “we”, “us”, or “our”). The following terms and conditions (“Terms of Service” or “Terms”) apply to the TINGE website at www.tingebeauty.com and all other sites, applications, and platforms where these Terms of Service are posted (collectively, the “Site”). TINGE offers the Site and the information, tools, products, and services available from or through Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site and/or purchasing something from us, you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, THEN YOU MAY NOT ACCESS OR USE THE SITE.
Any new features or tools which are added to the Site shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. YOUR CONTINUED USE OF OR ACCESS TO THE SITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
PLEASE BE AWARE THAT THESE TERMS OF SERVICE CONTAIN PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS OF SERVICE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION.
- USE OF THE SITE AND ONLINE STORE
The Site is intended for use by individuals 16 years of age or older. By agreeing to these Terms of Service, you represent that you are 18 or otherwise of legal age to form a binding contract with TINGE, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site under your supervision.
TINGE grants you a limited license to access and make personal use of the Site and information and content available on or through the Site only for personal, noncommercial purposes and only to the extent such use does not violate the Terms of Service. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Service may result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason at any time and to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
All rights not expressly granted to you in the Terms of Service are reserved and retained by TINGE and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TINGE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TINGE without express written consent. You may not use any meta tags or any other "hidden text" utilizing TINGE’s name or trademarks without the express written consent of TINGE. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by TINGE terminate if you do not comply with the Terms of Service and/or any other Site terms and conditions.
- ACCOUNT REGISTRATION AND USE
In order to access certain services or areas of the Site, you may be required to register for a TINGE account. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account or password. You agree not to create an account using a false identity or information, on behalf of someone other than yourself, or if you have been previously removed by TINGE. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your account, and you further acknowledge and agree that all rights in and to your account are and shall forever be owned by and inure to the benefit of TINGE. In addition to all other rights available to TINGE, TINGE reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Site is the exclusive property of TINGE or its respective providers, and are protected by copyright laws in the U.S. and around the world. Any use of materials on the Site that is not permitted by the Terms of Service - including reproduction, modification, distribution, republishing, transmission, display or performance - without the prior written permission of TINGE is strictly prohibited.
DMCA Notice – Procedure for Making Claims of Copyright Infringement. If you believe Content or other materials have been posted or shared on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Site of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for TINGE’s Copyright Agent for notice of claims of copyright infringement is as follows: Attn: Copyright Agent, 3131 McKinney Ave Ste 502, Dallas, TX 75204 or email@example.com (please include “DMCA” in the subject).
All graphics, logos, service marks and trade names used on or in connection with the Site or in connection with the services are the trademarks of TINGE and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Site are the property of their respective owners.
The products displayed on the Site can be ordered and delivered only within the U.S. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. All prices displayed on the Site are quoted in U.S. Dollars and are valid and effective only in the U.S.
All material and information presented by TINGE is intended to be used for personal, educational or informational purposes only. You may not sell or resell any products you purchase or otherwise receive from TINGE. The statements made about products have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site. If any minor uses any goods or product from TINGE it should be only after the legal or parental guardian has discussed the product with the minor's doctor. All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction and to limit the quantities of any products or services that we offer. We also reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Service, as determined by TINGE in its sole discretion. We may exercise these rights on a case-by-case basis.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of TINGE. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
- ACCURACY, COMPLETENESS AND TIMELINESS OF PRODUCTS AND INFORMATION
We are not responsible if information made available on the Site is not accurate, complete or current, or that any advice or any particular product will achieve any result of any kind. The product descriptions and other information on the Site are provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Site is at your own risk. Price and availability information contained on the Site is subject to change without notice. TINGE shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
While we have tried to display as accurately as possible the colors and images of our products on the Site, but we cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
7. THIRD-PARTY LINKS AND MATERIALS
Our Site may contain certain content, products and services from third parties or links to third-party websites or advertisements. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. TINGE provides these materials or websites or links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party materials or websites, and you use these services at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
- USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site or otherwise, including the submission of product reviews or ratings, questions, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, creative ideas, suggestions, proposals, questions, answers or other materials (collectively, "Content"). You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you provide or make available to us. We are and shall be under no obligation (1) to maintain any of your Content in confidence; (2) to pay compensation for any of your Content; or (3) to respond to any of your Content.
We may, but have no obligation to, monitor, edit or remove Content from users on the Site, including your Content, that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service. By entering into the Terms of Service, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of your Content, including without limitation chat, text, or voice communications. In the event that TINGE pre-screens, refuses or removes any of your Content, you acknowledge that TINGE will do so for our benefit, not yours.
TINGE is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any third-party website. Any Content, if displayed, is displayed for entertainment and informational purposes only. We do not control such Content and cannot guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site. The preceding sentence does not apply to New Jersey residents.
You represent and warrant that your Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further represent and warrant that your Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any of your Content. You are solely responsible for your Content and its accuracy. We take no responsibility and assume no liability for your Content or any other content or materials posted or made available by you or any other user or third party.
You may access the Content and any other content on the Site only as permitted under these Terms of Service and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.
- PERSONAL INFORMATION
- SMS POLICY
By entering or providing your mobile phone number for use pertaining to TINGE, or by texting us from your mobile phone, you agree to receive recurring text messages from us and agree to these Terms of Service. These messages may be used for important notifications, security confirmations, purchasing, customer service, and other relevant notifications or promotions regarding your purchases and use. Consent is not a condition of purchase.
Messaging and data rates may apply. To stop receiving messages, you may message STOP. The mobile carriers are not liable for delayed or undelivered messages.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or services or any related website for violating any of the prohibited uses.
- DISCLAIMER OF WARRANTIES
TINGE cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements. We do not guarantee, represent or warrant that your use of our Site or services will be uninterrupted, timely, secure or error-free, and we do not warrant that the results that may be obtained from the use of the Site or services will be accurate or reliable.
You agree that from time to time we may remove all or part of the Site or our services for indefinite periods of time or cancel the Site or services at any time, without notice to you.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY TINGE ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS OR THAT EMAILS SENT FROM TINGE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW.
- LIMITATION OF LIABILITY
IN NO CASE SHALL TINGE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SITE, OUR SERVICES, OR ANY PRODUCTS PROCURED USING THE SITE OR OUR SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, OUR SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, OUR SERVICES OR ANY SITE CONTENT (OR PRODUCT), EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold harmless TINGE LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of: (a) your breach of these Terms of Service or the documents they incorporate by reference; (b) your misuse of the Site; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Service and your misuse of the Site.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
- DISPUTE RESOLUTION
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with TINGE and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with TINGE, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify, and (2) you or TINGE may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Arbitration Agreement or any prior version of this Arbitration Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a demand that includes a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, TINGE will pay them for you. In addition, TINGE will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and TINGE. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms of Service (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND TINGE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and TINGE are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your TINGE username (if any), the email address you used to set up your TINGE account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Arbitration Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided above in this Section, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with TINGE.
Modification. Notwithstanding any provision in this Arbitration Agreement to the contrary, we agree that if TINGE makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing TINGE at the following address: email@example.com.
- ENTIRE AGREEMENT
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to our products or services constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- FORCE MAJEURE
TINGE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- GOVERNING LAW & VENUE
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in San Francisco County, California.
- CONSUMER COMPLAINTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to this page. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
- CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org or by writing to use at:
3131 McKinney Ave Ste 502
Dallas, TX 75204