Terms And Conditions
Welcome to Tendy!
Tendy Inc., operating as Tendystore.com (“Tendy,” “us,” “our,” “we”, “Solution”), provides the services on behalf of dispensaries (“merchant partner”) described in these Terms of Service to you through its website located at www.Tendy.ca (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). Your use and continued use of the Service after the date any changes become effective constitutes your acceptance of the new Terms of Service. Tendy reserves the right, at its sole discretion, to change or modify portions of these Terms of Service at any time. Changes will be posted to this page and will indicate at the top the date these terms were last revised, and we will notify you directly through the site, email or other forms of digital communication. Changes for new functionalities shall be effective immediately and all other changes shall become effective no earlier than fourteen days after they are posted.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS IN ADDITION TO AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TENDY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Tendy is a service that connects cannabis collectives or cooperatives (collectively, “Dispensaries”, “Merchant Partner”) with their customers. Tendy is not a marijuana manufacturer, dispensary, collective or cooperative. Tendy offers a service to provide you with information about dispensaries.
Tendy neither endorses nor is responsible for the accuracy or reliability of any information, content, quality of goods or services offered by the Dispensaries and cannot make any representations or warranties with respect to whether the Dispensaries are compliant with applicable rules and regulations. If you purchase through Tendy for Delivery please note that, Tendy does not act in any way as a marijuana delivery service and has no responsibility or liability for any delivery services provided to you. All questions regarding Dispensaries' products and/or services featured on the Site and/or the Services should be directed to the appropriate Dispensaries either directly or through Tendy to the Dispensary. Tendy does not set pricing for products, offer delivery services, or maintain any inventory of cannabis.
Health Information: The information provided on Tendy is designed for education purposes only and is not intended to be a substitute for informed medical advice or care. If you are pregnant, nursing, taking medication, or have a medical condition, we suggest consulting with a physician before using any products offered or purchased through the Site or Services.
THE INFORMATION PROVIDED THROUGH THE SERVICES IS NOT PROFESSIONAL MEDICAL ADVICE OR INTENDED TO BE A SUBSTITUTE FOR DIAGNOSIS, CURE OR TREATMENT. TENDY DOES NOT RECOMMEND OR ENDORSE ANY PRODUCTS, TESTS, SPECIFIC PHYSICIANS, OPINIONS OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SITE AND/OR THE SERVICES. IF YOU HAVE A CONDITION REQUIRING MEDICAL CONSULTATION YOU MUST SEEK THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL WHICH TENDY DOES NOT PROVIDE AND YOU SHOULD NOT DISREGARD ANY PROFESSIONAL MEDICAL ADVICE. RELIANCE ON ANY INFORMATION ON TENDY OR FROM A THIRD PARTY INCLUDING A DISPENSARY IS SOLELY AT YOUR OWN RISK.
Tendy is a Technology Platform: It is the sole responsibility of the Dispensary to offer its services to you in a legal and compliant manner, which are facilitated through its use of the Site and Services. You agree and acknowledge that Tendy: (i) is a technology provider; (ii) does not itself provide delivery services to consumers; (iii) is not a licensed medical or adult-user cannabis retailer, manufacturer or brand; (iv) and does not cultivate, manufacture, package, label, test , or sell medical or adult-use cannabis.
Compliance with Provincial Law: You expressly acknowledge that each Province may have specific bylaws and restrictions on recreational and medical use of the products and services sold by Dispensaries on Tendy.ca. You expressly acknowledge and assume full responsibility for cooperating with the laws. Further, Tendy disclaims any and all liability relating to the use of its website and applications in violation of any Federal or Provincial laws, rules and/or regulations.
Access and Use of the Service
Services Description: Tendy connects cannabis collectives and cooperatives (collectively, “Dispensaries”) with their customers (the “Services”).
Security: The security and protection of your password and other information is your responsibility and you are fully responsible for any and all activities that occur under your password or account. Tendy may as part of the process of creating an account, ask you to select a username and password. Tendy reserves the right, at its sole discretion to refuse a username or password if it deems it may be impersonating another person, may cause confusion, is disrespectful or otherwise offensive, or may be protected by trademark or other proprietary rights law. You agree to (i) ensure that you exit from your account at the end of each session on any device you are using when accessing the Service, and (ii) immediately notify Tendy of any unauthorized use of your password or account or any other breach of security. Tendy will not be liable for any loss or damage arising from your failure to comply with this Section.
Services: Tendy reserves the right to modify, temporarily or permanently discontinue any Service (or any part thereof) with or without notice. You agree that Tendy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Mobile and Communication: Tendy or Dispensaries (through Tendy) is available and may communicate with you on your mobile or other device through the browser, native app, SMS, Email standard charges, data rates and other fees from your carrier or other provider may apply. The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device,. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Tendy and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Tendy account information to ensure that your messages are not sent to the person that acquires your old number.
Transactions Users and Dispensaries
Tendy may provide through the Site, electronic web-based platforms for exchanging information between Users and Dispensaries of products and services. Tendy does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site, the ability of the Dispensaries to complete a sale or the ability of Users to complete a purchase.
Verification Risk: User verification on the Internet is difficult, Tendy does its best to verify Dispensaries and Users but cannot and does not confirm each user's purported identity. There is a risk to dealing with Users or Dispensaries through Tendy. As such, we encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Transaction Risk: By using the Service you shall assume the risks of conducting any purchase and sale transactions in connection with or through the Site or Services. User accessing or using the Site or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Site. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate third party rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of such third party rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to the assertion of rights, demands or claims by claimants of third party rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Site or Services. All of the foregoing risks are referred to as “Transaction Risks”. Tendy is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
You agree to provide all information and materials as may be reasonably required by Tendy in connection with your transactions conducted on, through or as a result of use of the Site or Services. Tendy has the right to suspend or terminate your account if you fail to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
In the event that you have a dispute with any party to a transaction, you agree to release and indemnify Tendy (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
Tendy and Dispensaries attempt to be as accurate as possible in product descriptions or images for products available through the Services. However, Tendy is not a Dispensary and does not itself package, test, or label the products available on the Site or through the Services. Tendy does not warrant that product descriptions, images, or other content available on the Site or through the Services is accurate, complete, reliable, current, or error-free.
You acknowledge and agree that that amounts in product descriptions on the Site and through the Services are averages or estimates, and that amounts may vary for individual items, packages, or orders that you receive. Amounts on the Site include, without limitation, the level (by weight, mass, volume, or percentage) of THC, CBD, other cannabinoids, and terpenes in a product, the total weight, mass, or volume of a product, the size, number of individual items, or services, in a product, and any other unit of measurement related to a product.
- 1.The Program
- 1.1. The program is offered by Merchant Partner, referred to as “us”, “our”, “we”, from this point forward
- 1.2. In order to participate in the Membership Program and this site, you warrant that you are (i) legal age to purchase cannabis in the jurisdiction in which you reside, (ii) information provided during sign-up is accurate, current and complete. The Program is limited to one account per individual and is only for personal use. We retain to our sole discretion to deny access to anyone on the site, the Membership program, and of services offered at any time or reason for any violations of this agreement.
- 1.3.For greater clarity, the Site is intended for your use only if you are 19 years of age or older. If you do not fall within this category, you may be in breach of laws or regulations applicable in your province or country of residence or access, and you should leave the Site immediately.
- 2.Enrollment & Membership
- 2.1. No purchase is required to join the program. You may enroll online or in-store
- 2.2. You will be required to verify your email and/or phone number to complete enrollment in the Membership program
- 2.3.You are solely responsible for maintaining the accuracy of your account information
- 2.4.Your Membership program is unique to your email address and/or phone number and cannot be associated with more than one program account
- 2.6.By participating in the Program, including by signing up for membership, you consent to receive Program-related emails that may be tailored to your perceived or identified interests, including:
- 2.6.1. Program marketing emails;
- 2.6.2. Program product marketing emails;
- 2.6.3. Information regarding our stores, including when new stores are opened; and
- 2.6.4. Information regarding our promotional and marketing events.
- 2.7.We also may give you the option to opt-in to receive other marketing communications from us at the time of enrolment in the Program.
- 2.8.If you wish to stop participating in the Program for any reason, you can do so by terminating your membership which is at your sole discretion. We have no obligation, liability or responsibility to you except as expressed by law. If you wish to cancel your membership for any reason, you may do so from your account profile.
- 2.9.We reserve the right to audit your account for any reason from time to time, at our sole discretion.
- 3.Program Changes
- 3.1. We reserve the right to modify the Program at our sole discretion. This may include cancelling, modifying, restricting any aspect or feature related to the program, including the program as a whole without any prior notice, except where prohibited by law.
- 3.2. Material changes to the program will be communicated in advance by email or other means.
- 3.3.Continued participation in the program following changes to terms constitute acceptance of new and updated terms. If you do not agree to any changes that have been made, you can stop using the site and all services. You may terminate your membership at any time from your account profile.
- 4.Earning and Redeeming Rewards
- 4.1. The Program allows you to earn and redeem rewards based on a variety of ways at our sole discretion. Please review the Merchant Partner FAQs for more details on earning and redeeming methods
- 4.2. Some products may be excluded at our sole discretion without any notice.
- 4.3.Returns, exchanges & refunds for items purchased through the Program are approved at the discretion of Merchant Partner store-specific policy on a case by case basis.
- 4.4.Discounts or promotions cannot be combined or stacked together with this program
- 4.5.Membership rewards can only be redeemed in-store or online and are only available to the account holder
- The program, its affiliates, suppliers and its directors and officers disclaim all warranties or conditions, whether explicit or implied, including any warranty or condition as to the quality, accuracy, completeness and suitability of this information including the Content for any purpose. The program and its directors and officers shall not be held responsible for any action taken that is based on the Content presented on the Site and any related Services, and all users of the Site agree that all access to and use of the Site and any related Services, and any and all Content presented on the Site, is at the user's own risk. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE PROGRAM DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SITE AND ANY RELATED SERVICE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THE SITE, SERVICE OR THE SERVER THAT THE SITE AND SERVICE ARE AVAILABLE ON ARE ERROR-FREE, INCLUDING DEFECTS, DESIGN FLAWS, OMISSIONS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THAT YOUR USE OF THE SITE, SERVICE AND ANY CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICE IS SOLELY AT YOUR OWN RISK.
Third Party Distribution Channels
Tendy offers Software applications that may be made available through the Apple App Store, Android Marketplace or other distribution channels (“Distribution Channels”). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third party products and services in connection with your use of our Services, you agree to comply with all applicable terms of any agreement for such third party products and services.
With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
Tendy and you acknowledge that these Terms of Service are concluded between Tendy and you only, and not with Apple Inc. (“Apple”), and that as between Tendy and Apple, Tendy, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Tendy's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Tendy and you acknowledge that Tendy, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
In the event of any third party claim that the Apple-Enabled Software or the end-user's possession and use of that Apple-Enabled Software infringes that third party's intellectual property rights, as between Tendy and Apple, Tendy, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Tendy, at support@Tendy.ca
Tendy and you acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Tendy, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Tendy from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Tendy, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tendy.
The Tendy name and logos are trademarks and service marks of Tendy (collectively the “Tendy Trademarks”). Other Tendy, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Tendy. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Tendy Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Tendy Trademarks will inure to our exclusive benefit.
Third Party Material:Under no circumstances will Tendy be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Tendy does not pre-screen content, but that Tendy and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tendy and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tendy, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Tendy and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to Tendy are non-confidential and Tendy will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Tendy may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tendy, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Tendy respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tendy of your infringement claim in accordance with the procedure set forth below.
Tendy will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Tendy's Copyright Agent at support@Tendy.ca (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: 670 Caledonia Rd, York, ON M6E 4V9
To be effective, the notification must be in writing and contain the following information:
- 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- 2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
- 3.a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- 4.your address, telephone number, and email address;
- 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the province of Ontario and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Tendy will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Tendy has adopted a policy of terminating, in appropriate circumstances and at Tendy's sole discretion, users who are deemed to be repeat infringers. Tendy may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Tendy has no control over such sites and resources and Tendy is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Tendy will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Tendy is not liable for any loss or claim that you may have against any such third party.
Social Networking Services
In addition, Tendy is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Tendy is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Tendy enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnity and Release
You agree to release, indemnify and hold Tendy and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another. Notwithstanding the foregoing, you will have no obligation to indemnify or hold harmless any Indemnitee from or against any liability, losses, damages or expenses incurred as a result of any action or inaction of such Indemnitee. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Tendy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Tendy MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Tendy MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Tendy WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Tendy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL Tendy'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID Tendy IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Agreement to Arbitrate
This Dispute Resolution by Binding Arbitration section is referred to in this Terms of Service as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and Tendy, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Tendy are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND Tendy AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND Tendy AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
Pre-Arbitration Dispute Resolution
Tendy is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@Tendy.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Tendy should be sent to email@example.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Tendy and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Tendy may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Tendy or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Tendy is entitled.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's (“AAA”) rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/sites/default/files/Consumer-Rules-Web.pdf. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Unless Tendy and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Tendy agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Costs of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Tendy will pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Tendy will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Tendy will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.
Future Changes to Arbitration Agreement
Notwithstanding any provision in this Terms of Service to the contrary, Tendy agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Tendy written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).
You agree that Tendy, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Tendy believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Tendy may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be affected without prior notice, and acknowledge and agree that Tendy may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Tendy will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and Tendy will have no liability or responsibility with respect thereto. Tendy reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and Tendy and govern your use of the Service, superseding any prior agreements between you and Tendy with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third party content or third party software. These Terms of Service will be governed by the laws of the province of Ontario without regards to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Tendy agree to submit to the personal and exclusive jurisdiction of the provincial and federal courts located within Ontario. The failure of Tendy to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign this Terms of Service without the prior written consent of Tendy, but Tendy may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) or (800) 952-5210. You may contact us at Tendy, Inc.,116 Spadina Avenue Suite 100, Toronto, ON M5V 2K6, or by telephone at (877)-490-0003.
Questions? Concerns? Suggestions?
Please contact us at firstname.lastname@example.org to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.