Terms and Conditions
Introduction
Please read the following Terms and Conditions carefully before using our websites and apps, or ordering or downloading any of our products, so that you are aware of your legal rights and obligations with respect to the Tend-branded products of The Chamberlain Group, and its affiliates and subsidiaries (individually and collectively referred to herein as “Tend”).
By using the Tend websites, apps, software, services or products, you signify your irrevocable acceptance of these Terms and Conditions. You also agree to ensure that anyone who uses this software on your computer or mobile device also abides by the Terms and Conditions. Tend has the right to revise the Terms and Conditions at any time without providing notice to its users. Your continued use of our websites, apps, software, services or products shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion, functionality or feature of our products, software, services, websites or apps at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, websites or apps without notice or liability.
Privacy
Your privacy is very important to us at Tend. To better protect your rights we have provided the Tend Privacy Policy to explain our privacy practices in detail.
Use of Tend Software
Tend software (the "Software") and accompanying documentation that are made available by download or on CD-ROM format, are the copyrighted work of Tend. Tend Services (the "Services") are provided under various names for a variety of uses. Use of the Software and Services are governed by the terms of their respective end user license agreements that accompany or are included with such Software or Services. You will not be able to download or install any Software, or to use any Services, that are accompanied by or include an end user license agreement unless you agree to the terms of such end user license agreement. If you do not express your agreement to such terms, you will not be able to use the Software or the Services. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any software.
E-COMMERCE TERMS
Your E-Commerce Account
You are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your accounts or passwords. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information to Tend.
Payment Policies
Tend accepts online payment from customers via major credit card. All payments sent electronically are securely transmitted.
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Tend may request a pre-authorization for some orders placed online with a credit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the ordered item(s). Generally you will not be charged for an order until the order has shipped. Some exceptions when you will be charged at the time your order is placed are orders paid for with a gift card or PayPal account, and subscription service orders not related to shipping products.
Tend reserves the right, at our sole discretion, to prohibit online sales to dealers or resellers.
Cancellations and Return Policy
A product order may be cancelled prior to shipment if you notify Tend in a timely manner. Following shipment the return policy controls. If you are not completely satisfied with your purchase, you may return the item within 14 days of receiving it for exchange or refund. A returned item must be in its original packaging and in good, unused condition. Shipping costs will not be refunded, except in the case of a defective product. Cancellation of monthly subscription services may be made at any time, with the cancellation effective at the end of the month in which such cancellation is communicated to Tend.
Shipping and Delivery
Delivery times may vary depending on the scope of the order, the shipping destination, and the method of shipping chosen. The title and risk of loss for all items passes to you upon our delivery to the common carrier who will make delivery to you.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and Tend, the services provided and products contained in or purchased through this website or app are provided as is and without warranties of any kind either express or implied. Any warranty on products purchased through the e-commerce site is limited to the express terms of the manufacturer’s warranty that accompanies such product. To the fullest extent permissible pursuant to applicable law, Tend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Tend does not warrant that the functions contained in the product, service, software, website or app will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Tend does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Tend) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Tend service, we include links to other web sites on the world wide web portion of the internet and that Tend has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
Under no circumstances, including, but not limited to, negligence, shall Tend be liable for any incident, indirect, special or consequential damages that result from the use of, or the inability to use, the product or materials, software, app, the site, or any other website, even if Tend or a Tend authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, indirect, special or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Tend or from or through the site shall create any warranty. In no event shall Tend's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any products or services.
Limited License to Use Site
The license for use of the website or app and the services provided through them is effective until terminated. You may terminate it at any time by discontinuing use and deleting any Software installed on your computer or mobile device. This license will terminate upon conditions set forth elsewhere within these Terms and Conditions or if you fail to comply with any term or condition within it. In such event, no notice shall be required by Tend to effect such termination. Upon termination of these Terms and Conditions, you agree to delete all Software from your computer or mobile device and destroy any documentation and other printed or written materials related thereto.
Links
Tend may provide links to websites that we feel are relevant and interesting to our users ("Link Sites"). Tend is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.
Online Behavior
Please exercise respect when participating in any of Tend's community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of Software ("User Materials"). You may not submit or publish through Tend any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Tend that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer or mobile device. Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials, for the reason that such User Materials are beyond the control of Tend.
If at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to websites or apps, you automatically grant Tend a non-exclusive, royalty-free, perpetual license of all rights throughout the world to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity of Tend and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and Conditions and that you waive any so-called moral rights in and to the User Materials.
Submissions
Certain parts of the websites or apps may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, these Tend Terms and Conditions shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of Tend. Tend shall exclusively own all now known or hereafter existing rights to the Submissions throughout the world in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Tend will not be treated as confidential and Tend shall not be liable for any disclosure of the Submissions.
Accounts and Security
As part of the Site registration process, each customer will select a password ("Password") and User Name ("User Name"). You shall provide Tend with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Tend, in its sole discretion, deems inappropriate or offensive.
You shall notify Tend of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password.
You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Tends sole discretion, and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Tend will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this website or on sites linked to or from this website, please notify Tend.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
Please read the following Terms and Conditions carefully before using our websites and apps, or ordering or downloading any of our products, so that you are aware of your legal rights and obligations with respect to the Tend-branded products of The Chamberlain Group, and its affiliates and subsidiaries (individually and collectively referred to herein as “Tend”).
By using the Tend websites, apps, software, services or products, you signify your irrevocable acceptance of these Terms and Conditions. You also agree to ensure that anyone who uses this software on your computer or mobile device also abides by the Terms and Conditions. Tend has the right to revise the Terms and Conditions at any time without providing notice to its users. Your continued use of our websites, apps, software, services or products shall be deemed irrevocable acceptance of those revisions.
We reserve the right to change, modify, suspend or discontinue any portion, functionality or feature of our products, software, services, websites or apps at any time. We may also impose limits on certain features or restrict your access to parts of, or the entire, websites or apps without notice or liability.
Privacy
Your privacy is very important to us at Tend. To better protect your rights we have provided the Tend Privacy Policy to explain our privacy practices in detail.
Use of Tend Software
Tend software (the "Software") and accompanying documentation that are made available by download or on CD-ROM format, are the copyrighted work of Tend. Tend Services (the "Services") are provided under various names for a variety of uses. Use of the Software and Services are governed by the terms of their respective end user license agreements that accompany or are included with such Software or Services. You will not be able to download or install any Software, or to use any Services, that are accompanied by or include an end user license agreement unless you agree to the terms of such end user license agreement. If you do not express your agreement to such terms, you will not be able to use the Software or the Services. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any software.
E-COMMERCE TERMS
Your E-Commerce Account
You are responsible for maintaining the confidentiality of your accounts and passwords and for restricting access to your computers and mobile devices, and you agree to accept responsibility for all activities that occur under your accounts or passwords. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information to Tend.
Payment Policies
Tend accepts online payment from customers via major credit card. All payments sent electronically are securely transmitted.
Order Acceptance and Billing
All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and Conditions and may result in order cancellation. Prior to accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Tend may request a pre-authorization for some orders placed online with a credit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the ordered item(s). Generally you will not be charged for an order until the order has shipped. Some exceptions when you will be charged at the time your order is placed are orders paid for with a gift card or PayPal account, and subscription service orders not related to shipping products.
Tend reserves the right, at our sole discretion, to prohibit online sales to dealers or resellers.
Cancellations and Return Policy
A product order may be cancelled prior to shipment if you notify Tend in a timely manner. Following shipment the return policy controls. If you are not completely satisfied with your purchase, you may return the item within 14 days of receiving it for exchange or refund. A returned item must be in its original packaging and in good, unused condition. Shipping costs will not be refunded, except in the case of a defective product. Cancellation of monthly subscription services may be made at any time, with the cancellation effective at the end of the month in which such cancellation is communicated to Tend.
Shipping and Delivery
Delivery times may vary depending on the scope of the order, the shipping destination, and the method of shipping chosen. The title and risk of loss for all items passes to you upon our delivery to the common carrier who will make delivery to you.
Warranties and Disclaimers
Except as expressly provided otherwise in a written agreement between you and Tend, the services provided and products contained in or purchased through this website or app are provided as is and without warranties of any kind either express or implied. Any warranty on products purchased through the e-commerce site is limited to the express terms of the manufacturer’s warranty that accompanies such product. To the fullest extent permissible pursuant to applicable law, Tend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Tend does not warrant that the functions contained in the product, service, software, website or app will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Tend does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Tend) assume the entire cost of all necessary servicing, repair, or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Tend service, we include links to other web sites on the world wide web portion of the internet and that Tend has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.
Under no circumstances, including, but not limited to, negligence, shall Tend be liable for any incident, indirect, special or consequential damages that result from the use of, or the inability to use, the product or materials, software, app, the site, or any other website, even if Tend or a Tend authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental, indirect, special or consequential damages, so the above limitation or exclusion may not apply to you. No advice or information, whether written or oral, obtained by you from Tend or from or through the site shall create any warranty. In no event shall Tend's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for purchasing any products or services.
Limited License to Use Site
The license for use of the website or app and the services provided through them is effective until terminated. You may terminate it at any time by discontinuing use and deleting any Software installed on your computer or mobile device. This license will terminate upon conditions set forth elsewhere within these Terms and Conditions or if you fail to comply with any term or condition within it. In such event, no notice shall be required by Tend to effect such termination. Upon termination of these Terms and Conditions, you agree to delete all Software from your computer or mobile device and destroy any documentation and other printed or written materials related thereto.
Links
Tend may provide links to websites that we feel are relevant and interesting to our users ("Link Sites"). Tend is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products. We do not endorse any of the products nor do we make any representations or warranties in connection with the products.
Online Behavior
Please exercise respect when participating in any of Tend's community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of Software ("User Materials"). You may not submit or publish through Tend any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Tend that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer or mobile device. Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials, for the reason that such User Materials are beyond the control of Tend.
If at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to websites or apps, you automatically grant Tend a non-exclusive, royalty-free, perpetual license of all rights throughout the world to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity of Tend and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms and Conditions and that you waive any so-called moral rights in and to the User Materials.
Submissions
Certain parts of the websites or apps may ask for written suggestions or problem reports such as using our contact form or problem report form ("Submissions"). In such a case, please read carefully the specific terms, which govern those Submissions ("Additional Terms"). In the absence of Additional Terms, these Tend Terms and Conditions shall govern your legal rights with respect to those Submissions.
The Submissions shall be deemed the property of Tend. Tend shall exclusively own all now known or hereafter existing rights to the Submissions throughout the world in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Tend will not be treated as confidential and Tend shall not be liable for any disclosure of the Submissions.
Accounts and Security
As part of the Site registration process, each customer will select a password ("Password") and User Name ("User Name"). You shall provide Tend with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Tend, in its sole discretion, deems inappropriate or offensive.
You shall notify Tend of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password.
You shall be responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Tends sole discretion, and you may be reported to appropriate law-enforcement agencies.
Notification of Copyright Infringement
Tend will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this website or on sites linked to or from this website, please notify Tend.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed (infringed work) and identification of what material in such work(s) is claimed to be infringing (infringing work) and which you request to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located on the website;
- information sufficient to permit Tend to contact you, such as your physical address, telephone number, and email address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owners behalf.
For Notice of claims of copyright infringement, Tend can be reached by our contact form: https://www.tendinsights.com/pages/contact.
Administrative Information
Jurisdictional Issues
This website or app is controlled and operated by Tend. Tend makes no representation that materials in the website or app are appropriate or available for use in your location. Those who choose to access this website or app from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. To the extent there is any conflict between these Terms and Conditions and any end user license agreement between You and Tend, the license agreement shall control.
Indemnity
You agree to indemnify and hold Tend, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the website or app, your use of the website or app, your connection to the website or app, your violation of these Terms and Conditions, or your violation of any rights of another person or entity.
Governing Law
By accessing this website or app, you and Tend agree that all matters relating to your access to, or use of, this website shall be governed by and construed in accordance with the laws of the state of Illinois (United States), without giving effect to any principles of conflicts of law.
Trademarks
Tend, the Tend Logo, Tend Insights, Mobile Watch, iSecurity+, Protect What Matters, Tend to What Matters Most, Internet of Things With Heart, UnoCam and other marks indicated on our site are trademarks of The Chamberlain Group Inc. or other related companies.
Other applications for registrations have been filed with the United States Patent and Trademark Office. Tends trademarks and trade dress may not be used in connection with any product or service that is not Tend's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tend. All other trademarks not owned by Tend or any of its related companies that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tend.
Copyright
All content and compilation of content included on Tend's websites or apps, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of The Chamberlain Group, Inc. and is protected by United States and international copyright laws.
If you have any questions or concerns about these Terms and Conditions or any issues raised, please contact us at: https://www.tendinsights.com/pages/contact.