Welcome to the TRIBEhaus website ("TRIBEhaus," "we," "us" or "our").
Please review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing tribehaus.com (the "Website"), you (the "User" or "you") represent that you have read, understand and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
TRIBEhaus reserves the right to update, change, modify or otherwise alter this Agreement at any time without prior notice. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the Website. It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You will be bound by any such modifications. ANY ACCESS OR USE OF THE WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS. If you do not want to be bound by these Terms, do not use the TRIBEhaus website.
These Terms are effective unless and until terminated by TRIBEhaus. TRIBEhaus may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Website, but the restrictions imposed on you with respect to the Content (defined below) and the disclaimers, indemnities, and limitations of liability set forth in these Terms shall survive termination. TRIBEhaus shall also have the right without notice and at any time to modify or terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.
Access and Use of Website
You cannot access or use the TRIBEhaus website for any illegal or unauthorized purpose. International users agree to comply with all U.S. laws regarding privacy, online conduct and acceptable content;
You must not modify, adapt or hack into the Website or modify another website so as to falsely imply that it is associated with the Website.
You must not transmit to or through the Website any worms or viruses or any other computer code of a destructive nature.
You must not violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).
Ownership, Proprietary Information, and Intellectual Property
All text, images, photographs, logos, illustrations, descriptions, data and any other materials provided on the Website are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. TRIBEhaus reserves the right to change, delete, update or otherwise alter the Content at anytime without providing advance notice. The Content is provided for informational purposes only and is not binding on TRIBEhaus in any way, except to the extent that it is specifically indicated to be so.
Except for Content linked to or from an external source, all other Content that appears as part of the Website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively ("Intellectual Property") is the property of TRIBEhaus.
The Website as a whole and all Content and other Intellectual Property posted to or related to the Website are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given express written permission to use by TRIBEhaus, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, transfer, or sell any Content or other Intellectual Property, information, software or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in this Agreement, is strictly prohibited.
Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by TRIBEhaus of such linked content. Linked sites are operated, controlled or maintained by their respective owners and TRIBEhaus is not responsible for the content, security, policy, practices or availability of such linked sites. Links to other sites are provided for your convenience only. Accessing of such linked sites is at your own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to TRIBEhaus, using the Contact Us button on the toolbar for the Website.
Prices; Product Orders
All prices displayed on the Website are quoted in U.S. dollars. TRIBEhaus reserves the right to restrict delivery to addresses within the United States. Shipping and handling fees and applicable sales/use tax will be added by TRIBEhaus as necessary. TRIBEhaus reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Website are available while supplies last. Descriptions of, or references to, products or services on the Website do not imply endorsement of that product or service, or constitute a warranty by TRIBEhaus. The receipt by you of an order confirmation does not constitute TRIBEhaus's acceptance of an order. Prior to TRIBEhaus's acceptance of an order, verification of information may be required. TRIBEhaus reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from TRIBEhaus, for any reason. TRIBEhaus reserves the right to limit the number of items ordered and to refuse service to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, TRIBEhaus shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if the credit card has already been charged for the purchase and the order is cancelled, TRIBEhaus shall promptly credit the credit card account in the amount of the incorrect price.
Comments by Users/Blog
TRIBEhaus welcomes comments from users of its products, and on its blog. Any comments, feedback, notes, suggestions, thoughts, ideas, or other commentary or communications ("Comments") posted or sent to the website shall be and will remain the exclusive property of TRIBEhaus. Submission of any Comments to the Website shall be deemed an assignment to TRIBEhaus of all intellectual property rights, title and interest in and to such Comments. Such Comments will not be treated as confidential information. TRIBEhaus shall have all rights to use, reproduce, publish, distribute and otherwise disclose or delete such Comments for any purpose without restriction without providing any compensation to you. In the event that you do not wish for TRIBEhaus to use any of your comments, please do not submit such comments to TRIBEhaus.
Limited License; Personal, Business, and Non-Commercial Use Limitation
You are hereby granted a non-exclusive license to view the Content on the Website, but only while accessing the Website. Except to the extent required for the limited purpose of reviewing material on the Website, electronic republication, adaptation, distribution, performance or display is prohibited. Commercial use by you of any of the Content for profit is strictly prohibited. Use of any of our trademarks as metatags on other websites is also strictly prohibited.
You agree that you are only authorized to visit, view and retain a copy of pages of the Website for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on the Website for any commercial use, or for any purpose other than as described in this Agreement. You also agree not to deep-link to the Website for any purpose, unless specifically authorized by TRIBEhaus.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the Website.
You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Third Party Services
From time to time, TRIBEhaus may use services provided by persons or entities other than us ("Third Party" or "Third Parties"). We do not control these services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of such services. If you choose to access any Third Party site, you do so at your own risk. Any link or hyperlink from the Website to a Third Party website does not imply sponsorship, affiliation or endorsement of the content on that Third Party website or the operator or operations of that site. Any concerns regarding the content and/or availability of hyperlinks, which are not controlled by TRIBEhaus, should be directed to the Third Party that controls the content of the hyperlink. You are solely responsible for determining the extent to which you use any content at any Third Party websites to which you might link from our website, or which may download or connect with through the Website. If you believe we have provided a link to a site that contains infringing or illegal content or services, we ask that you notify us so that we may evaluate whether in our sole discretion to disable it.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY DEALINGS WITH ANY THIRD PARTY WEBSITE OR MERCHANT OR OPERATOR OF SUCH A THIRD PARTY WEBSITE, EVEN IF THAT WEBSITE IS LINKED TO THE TRIBEHAUS WEBSITE.
Linking Sources to the Website
If TRIBEhaus authorizes you to deep-link your website or a service offered by your website to tribehaus.com, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) TRIBEhaus has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to TRIBEhaus and its technology, including all ownership rights, remain the exclusive property of TRIBEhaus; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) TRIBEhaus may terminate your access at any time in its sole discretion.
TRIBEhaus reserves the right, but not the obligation, to remove any linked source if it contains or features unacceptable content, including without limitation:
i. Offensive, harmful and/or abusive language or images;
ii. References to illegal activity, purposeful overcharging, false advertising, or health code violations;
iii. Messages commenting on other users;
iv. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
v. Content that is advertising or commercial in nature, or is inappropriate based on the applicable subject matter;
vi. Language that violates the standards of good taste or the standards of the Website, as determined by TRIBEhaus in its sole discretion;
vii. Content determined by TRIBEhaus to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
viii. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
ix. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
If you see objectionable content or have any questions about this Agreement, please contact firstname.lastname@example.org.
Although TRIBEhaus cannot monitor the conduct of its users of the Website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to TRIBEhaus for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief preventing such violations.
DISCLAIMER AND LIMITATIONS
A. Disclaimer. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT, THE CONTENT OF ANY SITE LINKED TO THE WEBSITE OR ANY OTHER ITEMS OR MATERIALS ON THE WEBSITE OR LINKED TO BY THE WEBSITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, OMISSIONS, MISTAKES OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
B. Limitation of Liability. IN NO EVENT SHALL TRIBEHAUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR ANY CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, TRIBEHAUS' LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $100.
C. ALL PRODUCTS SOLD BY TRIBEHAUS ARE SUBJECT TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, TRIBEHAUS MAKES NO WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT. TRIBEHAUS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
D. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THOSE STATES OR JURISDICTIONS, THE FOREGOING LIMITATIONS OR EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE TERMS OF THIS SECTION.
You agree to indemnify, defend and hold harmless TRIBEhaus, its agents, distributors and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. TRIBEhaus reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with TRIBEhaus in asserting any available defenses.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Michigan, excluding its rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of Michigan. You hereby consent to the exclusive jurisdiction and venue of state or federal courts that serve Washtenaw County, Michigan, in all disputes arising out of or relating to this Website. Access to the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs from the other party.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or use of the Website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form