TERMS AND CONDITIONS
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY USING THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU MAY NOT USE WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT IN YOUR JURISDICTION OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE, OR ANY OF THIS WEBSITE’S CONTENTS OR SERVICES BY APPLICABLE LAW.
Tebien and https://www.tebien.com/ are the property of Tebien LLC a Arizona limited liability company. These terms and conditions (these “Terms”) apply to any use of the website (the “Site”), Tebien LLC’s social media and websites of any affiliates of Tebien LLC. These Terms are subject to change by Tebien LLC (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you (the “User”) should review these Terms prior to viewing or buying consumer products on this Site. Your continued use of the Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.
Use of the Site.
Tebien LLC grants User a nonexclusive, non-transferable, royalty-free license without the right to sublicense, to use the Site, and User agrees to utilize the Site for purposes internal to the User only. User agrees to utilize the Site for viewing and buying consumer products only.
By accepting these Terms, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures that we provide in connection with your use of the Site.
Third Party Services.
Certain consumer products may be provided by third party service providers and not by Tebien LLC. User agrees to hold harmless and release Tebien LLC from any liability relating to User’s purchases of such products. User’s access to and conditions of use of
User agrees to indemnify and hold Tebien LLC and https://www.tebien.com/, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Site, the violation of these terms and conditions, or infringement by User, or other user of the Site using User’s computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption to Site.
Tebien LLC reserves the right to modify or discontinue the Site with or without notice to the User. Tebien LLC will not be liable to User or any third party should Tebien LLC choose to exercise its right to modify or discontinue the Site. User acknowledges and accepts that Tebien LLC does not guarantee continuous, uninterrupted or secure access to its website and operation of its website may be interfered with or adversely affected by numerous factors or circumstances outside of its control. User acknowledges and accepts that Tebien LLC does interrupt access briefly on a regular basis to perform Site maintenance operations.
Tebien LLC attempts to present product information as accurately as possible. However, Tebien LLC does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. We do not guarantee that all products referenced on the Site are in stock.
All Sales Are Final.
No returns are accepted. User should read all product descriptions thoroughly and research any product User might wish to buy.
Product Not Received.
Please contact firstname.lastname@example.org if you have not received your order after 10 business days.
Some products on the Website may have a manufacturer’s warranty. User will be responsible for contacting the manufacturer directly for any defects or problems with product.
Tebien LLC will not fulfill any orders from countries that are embargoed or sanctioned by the United States government. The list of currently embargoed and sanctioned countries may be found here. Additionally, Tebien LLC will not fulfill any orders requiring delivery to a post office box unless the P.O. box is located in the United States.
Compliance with Local Laws.
User is responsible for ensuring that use of this service and any products ordered through the Website are in compliance with the laws of User’s jurisdiction. Additionally, User is solely responsible for any tariffs, duties, excise tax or any charges imposed on products.
Copyright and Trademark Information.
All content included or available on this Site, excepting content uploaded by User as discussed elsewhere in these Terms, including Site design, text, graphics, videos, interfaces, and the selection and arrangements thereof is ©2020 Tebien LLC with all rights reserved. Tebien and https://www.tebien.com/ are trademarks of Tebien LLC with all rights reserved. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Tebien LLC is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Tebien LLC’s web pages or the content contained therein without prior written permission of an authorized officer of Tebien LLC.
Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Tebien LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Tebien LLC
15402 N 32nd Street
Phoenix, AZ 85032
By Email: email@example.com
15 Prohibited Conduct.
No User is permitted to engage in any of the following acts:
download and aggregate listings from our Site for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorization;
harvest or otherwise collect information about Users, including email addresses, without their consent;
transmit or upload to the Site, any virus, Trojan horse, Easter egg, time bomb, spyware, or any other harmful or deleterious programs;
misrepresent your identity or credit information;
conduct any fraudulent activities on the Site;
interfere or inhibit another authorized party’s use and enjoyment of the Site.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes or materials or telecommunication breakdown or power outage.
Governing Law and Jurisdiction.
This contract will be governed and construed in accordance with the laws of Missouri, excluding Arizona’s choice-of-law principles, and all claims relating to or arising out of this contract, or the breach thereof, whether sounding in contract, tort or otherwise, will likewise be governed by the laws of Missouri, excluding Missouri’s choice-of-law principles.
Dispute Resolution and Binding Arbitration.
(a) YOU AND Tebien LLC ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO
COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
(b) The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
(c) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR Tebien LLC WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. User may only use
https://www.tebien.com/ and related services for the purposes of reviewing and shopping for consumer products.
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Tebien LLC.
Limitation of Liability.
https://www.tebien.com/ AND Tebien LLC WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR https://www.tebien.com/ AND Tebien LLC WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. Tebien LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE, THE SITE OR THE INFORMATION, SERVICES, OR RELATED GRAPHICS, OR LINKS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE USER PLACES ON SUCH INFORMATION IS THEREFORE STRICTLY AT USER’S OWN RISK.
IN NO EVENT WILL https://www.tebien.com/, AND Tebien LLC BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE.
USER ACKNOWLEDGES THAT https://www.tebien.com/ MAY CONTAIN LINKS TO OTHER WEBSITES WHICH ARE NOT UNDER THE CONTROL OF Tebien LLC AND WE HAVE NO CONTROL OVER THE NATURE AND CONTENT OF THOSE SITES. THE INCLUSION OF ANY LINKS DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT OF ANY VIEWS EXPRESSED WITHIN THEM.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Third-Party Beneficiaries.
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by posting to the Site. Notices we provide by posting will be effective upon posting.
(b) To Us. To give us notice under these Terms, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to
15402 N 32nd Street
Phoenix, AZ 85032
We update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Any questions about this User Agreement or to report breaches of this User Agreement may contact us at firstname.lastname@example.org
Refusal of Service.
Tebien LLC reserves the right to deny service to a User for any reason without notice. Tebien LLC has the sole right to determine if a User has breached these terms and conditions. Further, Tebien LLC may use any means necessary, including legal action, to terminate User’s access to https://www.tebien.com/ and any related services.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
User agrees that the terms and conditions and policies found elsewhere on the Site represent the entire agreement between User and Tebien LLC.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES