Terms of Service
This website is operated by TB12 LLC. Throughout the site, the terms “we”, “us” and “our” refer to TB12 LLC. TB12 LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. We may also refuse a refund request if we find evidence of fraud, refund abuse, or other manipulative behavior that entitles TB12 LLC to a corresponding counterclaim.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available via the Service is not accurate, complete or current. The material on the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.
The Service may contain the opinions and ideas of TB12 LLC and/or individual authors, and the content herein is intended to provide helpful and informative material on a wide variety of topics. Please be advised, however, that neither TB12 LLC nor its authors are engaged in rendering medical, health, nutritional, or similar healthcare services via the Service. The information provided via the Service should not be interpreted as a substitute for consultation, evaluation, or treatment by qualified healthcare professionals, and the information made available on or through the Service should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.
You are urged to seek the advice of a physician or a healthcare provider with any questions you may have regarding your health before beginning any fitness or weight loss regimen, physical activities, or any other plans that may be referenced, discussed or offered under the Service. You represent to us (which representation shall be deemed to be made each time you use the Service), that you are not using the Service for purpose of seeking medical attention or treatment. You should consult your medical, health, or other competent professional before adopting any of the advice or suggestions on the Service.
Any reliance on the material on this site is at your own risk, and TB12 LLC and its authors specifically disclaim all responsibility for any liability, loss, or risk, personal or otherwise, that is incurred as a consequence, directly or indirectly, of the use and application of any of the contents of the website or Service.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address / phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content of these third-party websites or its accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – OWNERSHIP AND CONTENT
By using the Service, you will encounter “TB12 Content,” which includes all of the images, text, information, data, audio, video, graphics and other material included on or otherwise made available through the Service, excluding User Content as defined below. Except as otherwise set forth in this Agreement, we do not claim ownership over any User Content, and each user is solely responsible for any User Content that they provide to us via the Service.
All TB12 Content is owned by TB12 LLC or its licensors, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. As between you and TB12 LLC and its licensors, TB12 or its licensors own and retain, solely and exclusively, all rights, title and interest in and to the Services, and all TB12 Content that we or our licensors create and that we make available to you through the Service, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights, database rights and other intellectual property and proprietary rights therein. TB12 and all associated logos and the other trademarks, service marks, logos and trade names displayed on or in connection with the Service are the registered and unregistered trademarks and service marks of TB12 LLC or its licensors. Your use of the Service does not grant you any ownership over any TB12 Content, and except for the limited license we grant you under these Terms, your use of the Service does not grant you any license or permission under any copyright, trademark or other intellectual property rights of TB12 LLC or any third party. We reserve all rights not expressly granted to you in these Terms.
We grant you a limited, non-exclusive, non-sublicensable and non-transferable license to use the Service as it is provided to you by us, only as set forth in these Terms. Except as expressly permitted in these Terms, you may not reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any portion of the Services or TB12 Content for any purpose without express prior written permission from us or the applicable rights holder. Any commercial exploitation of the Service or TB12 Content without express prior written permission from us or the applicable rights holder is strictly prohibited.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use — in any medium and for any purpose — such User Content.
We are and shall be under no obligation to: (1) maintain User Content in confidence; (2) pay compensation for any User Content; or (3) respond to comments or other User Content.
We may, but have no obligation to, monitor, edit or remove User Content for any reason whatsoever, including if we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or in violation of any party’s intellectual property or these Terms of Service.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal / proprietary right. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third-parties as to the origin of any User Content. You are solely responsible for any User Content and its accuracy. We take no responsibility and assume no liability for any User Content uploaded or sent by you or any third-party.
SECTION 11 – GIVEAWAYS, SWEEPSTAKES AND CONTESTS
Periodically, we may run promotions such as giveaways, sweepstakes or contests. Specific eligibility requirements and details regarding the entry period, selection of winners, entry method(s), and/or prizes will be provided on the webpage for each promotion. Terms that apply generally to all promotions are described below. To the extent the terms on the webpage for a promotion conflict with any of the terms below, the terms on the webpage will control. Receipt of a prize or giveaway item is conditioned upon your compliance with the Terms of Service and all the terms and conditions governing the promotion including those set forth below.
BY PARTICIPATING IN A PROMOTION YOU DECLARE THAT YOU HAVE READ AND FULLY AGREE TO ALL OF THE TERMS AND CONDITIONS BELOW AND ON THE WEBPAGE FOR THE PROMOTION (`COLLECTIVELY, THE “OFFICIAL RULES”).
ELIGIBILITY: Participants must be legal residents of United States residing in the 50 United States or District of Columbia or legal residents of Canada (other than Quebec), and must be 13 years or older at the time of entry to be eligible for the promotion. Employees of TB12 and any third party administrator of a promotion and their immediate family members (parents, children, siblings or spouse, regardless of where they live and persons living in same household, whether related or not) are not eligible to enter or win. Void outside of the U.S. and Canada or where prohibited by law.
ENTRIES: You must completely fill out all required fields on an entry form to be eligible. No correspondence regarding entry forms will be acknowledged or answered.
Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere, will not be eligible. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of the Sponsor.
SWEEPSTAKES: No purchase necessary. A purchase will not improve your chances of winning. The odds of winning a sweepstakes will depend on the number of eligible entries received. Many will enter, few will win. Winners will be selected at random by Sponsor or an administrator designated by Sponsor.
GIVEAWAYS: Items will be awarded on a first come, first served basis. Giveaway available only while supplies last.
PRIZES OR GIVEAWAY ITEMS: Prizes and giveaway items will only be sent to addresses within the 50 United States, the District of Columbia or Canada (other than Quebec). Sponsor will pay the cost of delivery. All gifts are subject to availability and other restrictions. All prizes or items are non-transferable and no cash redemption or substitution allowed, except at Sponsor’s sole and absolute discretion. Sponsor reserves the right at any time to substitute a prize or item or a component thereof for any reason with something of equal or greater value, including, without limitation, at the Sponsor’s sole discretion, a cash award. All expenses not specifically mentioned as part of the prize or item are solely the responsibility of the recipient.
The approximate retail value (“ARV”) of a prize or giveaway item may vary from the actual value. Any difference between the actual value and the stated ARV (if less than the actual value) will not be awarded.
Awards of prizes and giveaway items are subject to Sponsor’s verification of the potential recipient’s compliance with the Official Rules.
NOTIFICATION: Sponsor will attempt to notify the potential winner or recipient in the manner stated on the promotion webpage or, if not stated, by e-mail, phone and/or mail using the information provided on the entry form for the promotion. Unless otherwise state, if the potential winner or recipient cannot be reached within three (3) days of initial attempt and/or fails to respond to any notification attempt within three (3) days, or if any attempted notification or prize delivery is returned as undeliverable, the prize or item will be forfeited. Sponsor may select an alternate potential winner or recipient from all eligible entries received during the promotion period.
Sponsor is not responsible for any undelivered notifications, including without limitation e-mails that are not received because of a recipient’s privacy or spam filter settings which may divert any e-mail, to a spam or junk folder. Each prize or item will only be awarded to a verified recipient. Prizes and giveaway items will be mailed to winners at the address provided on the entry form within 6-8 weeks after winner or recipient verification. If, after a good-faith attempt, Sponsor is unable to award or deliver a prize or giveaway item, it may not be re-awarded
ADDITIONAL DOCUMENTS: Except where prohibited, Sponsor may require a winner of a prize to complete and return to Sponsor, within seven (7) days of being notified, documentation as reasonably requested by Sponsor, including for example an Affidavit of Eligibility, Release of Liability, a photocopy of driver’s license or government I.D., an IRS Form W-9, or a Publicity Release, in order to claim a prize. If potential prize winner fails to return any documents as requested, within seven (7) days after being sent, potential winner forfeits all rights to the prize and an alternative winner will be selected.
POTENTIAL WINNERS FROM CANADA: Before any potential winner from Canada can be declared a winner of the prize, he/she must correctly answer a time-limited mathematical skill-testing question (the “Skill-Testing Question”) without assistance of any kind whether mechanical, electronic or otherwise (other than a piece of paper and a writing instrument). The Sponsor will attempt to contact the potential winner by phone within five (5) business days of the prize notification date. Once the potential winner is contacted, the Sponsor will schedule a mutually convenient time to administer the required Skill-Testing Question, which must occur within five (5) business days from the date of telephone contact. Failure to correctly answer the Skill-Testing Question within the time provided, will result in disqualification, forfeiture of the prize and selection of an alternate potential winner. Due to local law, residents of the Province of Quebec are not eligible to participate in the promotion.
TAXES: All federal, state and local taxes imposed on the acceptance of any prize are solely the responsibility of each winner. Winners of any prize with a value of $600 or more will be issued an IRS Form 1099 for tax purposes in the amount of the actual retail value of the prize and must submit his or her social security number or taxpayer ID number, as required by law. Sponsor may also be required by law to withhold taxes from any prize award.
MOBILE DEVICES: If you participate in a promotion via a smart phone or other mobile device, message and data rates may apply. Not all cellular service providers offer the service necessary to participate in a promotion through a mobile device. Please check with your provider for specific capabilities, charges and pricing plans.
LIMITATION OF LIABILITY: By participating in a promotion, participants agree to release, discharge, indemnify and hold harmless the Sponsor, any administrator, and their subsidiaries and affiliated companies, contractors, distributors, sales representatives, vendors, advertising and promotion agencies, prize providers and any other entities directly associated with this Promotion, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) from and against any claims made by participants, or by any third parties, related in any way to the operation of the promotion, as well as any other claims, damages, charges, fines or liability due to any injuries, damages or losses to any person (including death) or property of any kind, or any claims of violation of rights of publicity or privacy, defamation or portrayal in a false light, resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or giveaway item or participation in the promotion or in any promotion-related activity. The Released Parties shall have no liability for any problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise relating to or in connection with the promotion.
GENERAL TERMS AND CONDITIONS: Promotions are subject to all applicable federal, state, local and municipal laws. By participating, you agree to be bound by the Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects, and waive any right to claim ambiguity in the Official Rules.
Sponsor reserves the right to disqualify any participant that Sponsor determines, in its sole discretion, violates the Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, terminate, suspend and/or modify the promotion, or any part of it, at any time, without notice. If for any reason the promotion is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the promotion, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the promotion, or any part of it, and award the prize from valid entries received up to the termination or suspension date.
In the event of a dispute, entries will be deemed submitted by the Authorized Account Holder of the email address submitted at the time of entry. “Authorized Account Holder” is defined as (depending on method of entry) either the natural person who is assigned to an email address by an Internet Access Provider, or an online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning email addresses for the domain associated with the submitted email address or that administers the social media accounts used to submit an entry. A potential winner or recipient may be required to show proof of being the Authorized Account Holder.
In no event will more than the stated number of prizes or items be awarded. If for any reason, including but not limited to an administrative, printing, production, computer or other error or due to technical difficulties or incorrect announcements of any kind, more messages stating that a recipient has won a prize or receive a giveaway item are distributed, or more prizes or items are claimed, than are intended to be awarded according to the Official Rules, the intended prizes or items will be awarded in a random drawing from among all verified claims.
DISCLAIMERS: Sponsor is not responsible for: failures or malfunctions of phones, tablets, computers or other hardware or devices (each a “Device”), phone lines, cellular systems or telephone or data transmission systems; interrupted or unavailable networks, server or other connections; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet; or any technical problem, including but not limited to any injury or damage to any person’s Device related to or resulting from participation in a promotion.
WITHOUT LIMITING ANYTHING ELSE IN THE TERMS OF SERVICE OR OFFICIAL RULES, EVERYTHING REGARDING A PROMOTION, INCLUDING A PRIZE OR GIVEAWAY ITEMS OR ANY OF THEIR COMPONENTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusions of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
DISPUTES: EACH PROMOTION IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF MASSACHUSETTS, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN SUFFOLK COUNTY, MASSACHUSETTS. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. PARTICIPANTS AGREE THAT THE RIGHTS AND OBLIGATIONS OF ANY PARTICIPANT AND/OR RELEASED PARTIES AND/OR ANY OTHER PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND MUST BE FILED WITHIN ONE (1) YEAR FROM THE END OF THE ENTRY PERIOD, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
CAUTION: Any attempt by a participant to deliberately damage the website or undermine the legitimate operation of this promotion may be a violation of criminal and/ or civil laws, and, should such an attempt be made, sponsor reserves the right to seek remedies and damages (including without limitation attorney’s fees) from any such participant to the fullest extent of the law, including criminal prosecution.
WINNERS LIST: To request the name of the winners of any prize in a contest or sweepstakes, please send a self-addressed, stamped business size envelope not later than 30 days after the end of the entry period, to: TB12, Name of Promotion Winners List, 240 Patriot Place Foxborough, MA 02035.
SPONSOR: TB12, 240 Patriot Place Foxborough, MA 02035
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall TB12 LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless TB12 LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Massachusetts.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at [email protected].