Terms and Conditions
Last Updated: December 21, 2016
TUNELLUS provides exclusive, quality products. Availability of products may vary and some items may be available only in limited quantities or while supplies last. Once an item is out of stock, we will attempt to remove the item promptly from display on TUNELLUS.com. Display of an item on TUNELLUS.com is not a guarantee that the item is currently in stock or that it will be available on our website when you visit again. If you are unable to locate a particular item that caught your attention on a previous visit to the website or if you have any questions concerning the availability of a particular item, please contact us at firstname.lastname@example.org. We will make every effort to fulfill your requests whenever possible.
TUNELLUS will make every reasonable effort to display its products on TUNELLUS.com as accurately as possible. Unfortunately, various factors, including the display and color capabilities of your computer monitor, may significantly affect what you actually see on your screen. TUNELLUS is not responsible for the display of any color, texture, or detail of its products on your computer screen and cannot guarantee the accuracy thereof.
TUNELLUS does not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Copyright and Trademarks
The entire content, including both images and textual representations, of TUNELLUS is copyrighted and may not be reproduced, published, broadcast, posted, modified, transmitted, displayed, distributed, downloaded, or otherwise used except as provided herein without the express written permission of TUNELLUS.
All TUNELLUS trademarks, trade names, service marks, service names, product names, and intellectual property, whether or not delineated in large print or with trademark symbols or in any other fashion, are trademarks and/or intellectual property of TUNELLUS, Inc. or its affiliates. The use (except as permitted herein) or misuse of the trademarks or any other intellectual property of TUNELLUS, Inc. is expressly prohibited and may be in violation of copyright, trademark, slander or libel laws, privacy law and publicity and communications regulations and statutes. TUNELLUS, Inc. actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
Other trademarks, trade names, service marks and logos used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective third parties. Nothing contained in/on this Website grants or should be construed as granting, by implication, estoppels or otherwise, any license or right to you to use any such trademarks, trade names, service marks or logos displayed on the Website.
TUNELLUS respects the intellectual property rights of others, and requires that anyone who uses the Site does the same. TUNELLUS may terminate the privileges of users of the Site who are infringers of intellectual property rights. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1988 (the “DMCA”) to report alleged infringements. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please forward the following information (or any statement in conformance with the DMCA) to us at the address provided below:
- Your name, address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing material and information reasonably sufficient to permit us to locate the material.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Attention: Copyright Agent
Phone: ( )
User Accounts and Security
You may not use anyone else’s Account Username, password or account without the express permission and consent of the holder of that Account Username, password or account.
User Submissions and Communications
It is TUNELLUS’ policy not to accept any creative ideas, suggestions, proposals, plans or materials (collectively, “User Submissions”) other than those specifically requested by us. Any comments, suggestions, ideas, materials, and other submissions that you send to TUNELLUS are provided on a non-confidential and non-proprietary basis. By submitting User Submissions, you are granting TUNELLUS an irrevocable, royalty-free, perpetual, worldwide, and unrestricted license to reproduce, publish, modify, adapt, translate, create derivative works from, and otherwise use in whole or in part your User Submissions for any purpose in any media, whether now known or hereafter invented, for any purpose (including for commercial or promotional purposes). You grant TUNELLUS the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify or compensate you in connection with any such use. Further, you agree that TUNELLUS shall be under no obligation to (1) maintain any User Communication in confidence, (2) pay compensation for any User Submission or (3) use, return, review or respond to any User Submission. We may, but are under no obligation to, monitor or review any User Submission. You also agree that we will be free to use any ideas, concepts, know-how, or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products which incorporate or otherwise rely upon that information, without notifying or providing any further compensation to you.
You agree that no User Submission made by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no User Submissions made by you to the Site will contain material that is false, misleading, libelous, unlawful, abusive, indecent, or obscene. You agree that you will remain responsible for the content of any User Submissions you make.
You agree that you will not post or transmit to other users anything that you know or should reasonably know (1) is defamatory, libelous, obscene, pornographic, profane or offensive, (2) is threatening, harassing or promotes or encourages violence against a person or damage or destruction of property, (3) violates any law, statute, ordinance or regulation, (4) infringes or violates another party’s intellectual property rights, including any party’s right of publicity or right of privacy, (5) is inaccurate, false or misleading, (6) contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation, (7) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or equipment; or (8) would be considered a criminal offense or give rise to a civil liability. You are solely responsible for any User Submission you post or transmit to other users. You will not hold us responsible or liable for any User Submission from another user that you access on the Site. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such User Submission.
We reserve the right to delete any User Submission from the Site. We will fully cooperate with all law enforcement authorities or any court order or subpoena requesting/directing us to disclose the identity of anybody posting inappropriate materials.
If you become aware of the posting or transmitting of inappropriate materials or other unacceptable behavior by any user, you should report such activity to us by emailing: email@example.com.
Linking to Tunellus.com
Creating or maintaining any link from another website to any page on TUNELLUS.com without our prior written permission is strictly prohibited. Running or displaying TUNELLUS.com or any material displayed on TUNELLUS.com in any manner, shape or form on another website without our prior written permission is also strictly prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Third Party Links
The Site may from time to time contain links to other websites that are not owned, operated or controlled by us or our business partners. All such links are provided solely as a convenience to you. If you use these links, you will leave our Site. We are not responsible for any content, material or information located on or accessible from or via any other website and are not responsible regarding any consequences that result.
Your User Rights
You are only authorized to use the Site for personal, non-commercial purposes. You may download or copy the content displayed on the Site for personal use only. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying.
- Engage in unauthorized spidering, “scraping,” or harvesting of content, or use any other unauthorized automated means to compile content or information;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, tests the vulnerability of, or breach the security of any system or network;
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Site; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us or any of our users or affiliates.
Prices displayed on TUNELLUS.com are quoted in U.S. Dollar currency and are valid and effective only in the United States. Prices are subject to change at any time.
Accuracy of Information
TUNELLUS will use reasonable efforts to include accurate and current information on the Site, but there may be occasions when information on the Site contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, availability, and other matters. TUNELLUS reserves the right to correct any errors and to update the Site with information at any time (including after you have submitted your order). We apologize for any inconvenience this may cause you.
TUNELLUS operates and controls the Site from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site. It is possible that some software or data that may be downloaded from the Site is subject to government export control or other restrictions. By visiting and using our Site, you acknowledge these restrictions and agree that either you are not subject to them or you will comply with all applicable laws regarding the transmission of data exported from the United States.
Disclaimers; Limitation on Liability
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE ASSUME NO LIABILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH OR MADE AVAILABLE ON THE WEBSITE. WE DO NOT ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF OR BROWSING OR DOWNLOADING MATERIALS FROM THE WEBSITE OR ANY THIRD PARTY WEBSITE. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS DUE TO NORMAL WEAR, ABUSE, PRODUCT MISUSE OR MODIFICATION, OR IMPROPER PRODUCT SELECTION. IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, HOSTING OR TRANSMISSION OF THE WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE OR THE RESULT OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. SOME STATES OR JURSIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR DAMAGES. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the lesser of (i) amount paid by you for your use of the Website during the prior twelve (12) months or (ii) $1.
General Legal Provisions
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the courts in the County of Orange, California, USA, for all disputes arising out of or relating to the use of the Site.
In the event of any controversy or dispute between you and TUNELLUS arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such controversy or dispute within thirty (30) days then either party may submit such controversy or dispute to mediation. If the controversy or dispute cannot be resolved in mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law in the courts of the State of California.
This Agreement constitutes the entire agreement between us relating to your use of the Site.
TUNELLUS may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in TUNELLUS’s sole discretion you fail to comply with any term or condition of this Agreement.