SALES AGREEMENT AND RELEASE OF LIABILITY
Sale of any equipment in this catalog is expressly conditioned on your, or if you are a minor child, your legal parent or legal guardians agreement to the following terms and conditions. You or legal parent or legal guardian, are required to read the following before placing an order.
I understand that skateboarding can be an hazardous activity. I understand that the use of skateboard equipment purchased from Tum Yeto, Inc. involves numerous risks of injury and death. Adverse terrain, weather conditions, poorly maintained equipment, the use of drugs or alcohol, and pushing the limits of one's abilities can increase these risks.
As consideration for the purchase of any equipment from Tum Yeto, Inc. by me or my minor children, I herby release from any legal liability Tum Yeto, Inc., it's owners, agents, employees from any and all liability for damage and injury or death to myself, my minor children or any other person or property resulting the selection assembly, maintenance or use of such equipment and any claim based upon negligence, breach of warranty, contract or legal theory accepting myself the full responsibility for any and all such damage, injury or death which may result.
I further agree that any and all liability of Tum Yeto, Inc., it's owners, agents and employees resulting from the selection, assembly, maintenance or use of this equipment shall be limited to the purchase price of any such equipment. I further agree that any suit or other legal proceedings concerning the injury or death from the selection, assembly, maintenance or use of this equipment may be brought only in the courts of San Diego County, California. I consent to jurisdiction and venue of any such court in any such proceeding.
I have carefully read this Agreement and Release of Liability and fully understand its content. I understand that it provides a comprehensive release of liability as to myself, my minor children, if any, and all others to whom I may furnish the equipment. This Agreement and Release of Liability may not be added or altered except by the written agreement assigned by Tum Yeto, Inc.. It is not intended to assert any claim or defense which applicable law prohibits. The specific rights of the parties may vary from state to state.
ACCEPTANCE OF THESE TERMS AND CONDITIONS
By using the Tum Yeto, Inc. site, you agree to the terms and conditions outlined below. If you do not agree to these terms and conditions, please do not use this site. We reserve the right to change, modify, add or remove portions of these terms at any time, whenever we want. If you continue to use the site after we have posted changes to the terms, it means you have accepted those terms. If you need to contact us, please email us at firstname.lastname@example.org
. If you sign up to be a Tum Yeto, Inc. Member or use any of Tum Yeto, Inc.'s services, you agree to these terms.
What personally identifying information about me is collected and who collects it?
Personally identifying information, or personal information, includes your name, home or other address, e-mail address, telephone number, or any other information that tells another person who you are. When you create a Tum Yeto, Inc. account, we ask for some personal information such as your e-mail address, physical address, and phone number(s), This allows us to send you rewards from time to time.
This is our policy regarding this information: except as provided in this statement, Tum Yeto, Inc. will not disclose, sell or rent any of the registration information you provide without giving you notice and an opportunity to refuse disclosure.
What are cookies and how does Tum Yeto, Inc. use them?
How is my personal information used?
Our primary goal in gathering your personal information is to provide you with a personalized experience and send you prizes as you qualify. Currently we do not customize the content you see based on any information you have provided, but we eventually intend to do so. Essentially, we will compare your profile with other member profiles and, based on their interests, we will make predictions about your interests. Based on these predictions, you may see specialized content, including advertising banners. Advertisers will never have direct access to any of your personal identification information.
We may send you e-mail notices about products, companies, and events that we think might interest you. If you do not want to receive these messages, simply tell us that when you give us your personal information.
Can I update or correct my personal information?
Your account information is contained within your Tum Yeto, Inc. Profile. You may edit your profile at any time, all you need is your email address and Password. After you log in, you can access your account from the homepage and view, update, and correct your account information.
How does Tum Yeto, Inc. protect my information?
Your Tum Yeto, Inc. Account is password-protected so that you and only you have access to this information. In order to maintain this protection, do not give your password to anyone. Also, we recommend that, if you share your computer with other people, you sign out of your Tum Yeto, Inc. Account and close your browser window when you are done. Signing off will protect your information if you share a computer with someone else or are using a computer in a public place like a library.
We make every effort to ensure that your information is secure on our system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.
What about privacy for users under 14?
Our registration process is designed to ensure that no one under the age of 14 joins Tum Yeto, Inc.. If we receive notice that a member has provided incorrect information during registration and is actually under 14 years old, we will immediately close their account.
COPYRIGHT AND TRADEMARKS
All images, graphics, audio clips, video clips, text and other materials provided on this Web site are protected by copyrights owned or controlled by Tum Yeto, Inc., its vendors, suppliers and licensors. None of the material provided on this Web site may be reproduced, copied, downloaded, uploaded, displayed, posted, distributed, reproduced or transmitted in any manner without the prior written consent of Tum Yeto, Inc.. All trademarks, service marks, company names and logos ("Trademarks") used on this Web site are the property of Tum Yeto, Inc. or their respective owners. Nothing contained herein grants any right to the use of any Trademark used on this Web site without the written permission of Tum Yeto, Inc. or the Trademark's owner.
Tum Yeto, Inc. is not responsible for the content of any Web site that is or may be linked to this Web site.
The photographs we use portray experienced and professional skateboarders. The moves and stunts pictured should only be attempted by those with proper training and equipment. Skateboarding is potentially a hazardous activity. ALWAYS use your common sense when using your skateboard equipment. To minimize the chance of injury, stay within your abilities and ALWAYS wear appropriate protective equipment.
Tum Yeto, Inc. provides this Web site "as is" and makes no warranties or representations of any kind, either expressed or implied. To the fullest extent permitted by applicable law, Tum Yeto, Inc. disclaims all such warranties and representations, including, but not limited to, warranties of merchantability and fitness for a particular purpose. Tum Yeto, Inc. does not warrant that the material contained in this Web site is accurate, complete or current. Tum Yeto, Inc. does not warrant that this Web site is free of defects, viruses or other harmful components.
Tum Yeto, Inc. Services and Conditions of Use
These "Terms & Conditions of Use" govern the use of the Tum Yeto, Inc. Web site (www.Tum Yeto, Inc.), hereafter referred to as the "Site." The Site provides registered members with access to content and services ("Membership"). Tum Yeto, Inc., may, at its discretion, add, delete, or modify the Terms & Conditions of Use without notice. By registering as a Member, you agree to use the Site in a manner consistent with all applicable local, state, and federal laws and regulations and in accordance with the Terms & Conditions of Use discussed below. Many Tum Yeto, Inc. services and courses are available FREE OF CHARGE, exclusive of your Internet and telecommunications fees.
Tum Yeto, Inc. reserves the right to edit or delete any content displayed, uploaded to, distributed, or otherwise published through the Site.
- An account is available to anyone aged 14 or older who registers and provides a legitimate electronic mail (E-mail) address as well as the required fields in the account setup process.
- Tum Yeto, Inc. does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, or sexual orientation.
- Tum Yeto, Inc. does not permit the use of vulgar or offensive language in your account information or anywhere on the Site. You may not use the name of any person other than yourself, the name of any entity or organization, or any term that is a trademark, service mark, or copyright, or that violates any other proprietary right held by another. Tum Yeto, Inc. may, at its own discretion and without notice, delete or revoke any account associated with an account of this nature.
Tum Yeto, Inc. may terminate any Account (and any and all related content, communications, postings, or Web pages) at any time, without notice, for conduct that violates local, state, or federal laws or regulations, these Terms & Conditions of Use or other policies or guidelines set out by Tum Yeto, Inc. elsewhere on the Site, or for material that Tum Yeto, Inc. in its sole discretion believes is harmful to other Members, the business of Tum Yeto, Inc., or other third-party information providers. Individuals who have had their Account terminated may not continue to utilize account privileges in any manner or for any reason without the express written permission of Tum Yeto, Inc..
If Tum Yeto, Inc. becomes aware of the presence of material on its server that violates any other right of any party, either in the course of its ordinary and reasonable business activities, or through notification by a third party who alerts Tum Yeto, Inc., preferably by certified mail, of the specific location of the alleged presence of such materials, Tum Yeto, Inc. will contact the Member responsible for the material and alert him or her of the allegations and notify the person that within five days he or she must respond as to why the material does not violate the rights in question. Regardless of whether the Member responds, Tum Yeto, Inc. reserves the right to remove the Member Web page. In all cases, if in its sole and absolute discretion, Tum Yeto, Inc. concludes that one or more of the Member Web pages violates the rights of any other party, Tum Yeto, Inc. reserves the right to delete the offending Member Web pages at any time without prior notice.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
Tum Yeto, Inc. respects the intellectual property of others, and we ask you to do the same. Tum Yeto, Inc. is in compliance with the Digital Millennium Copyright Act. In order to protect the intellectual property of people from misuse we ask you to help us. If you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Tum Yeto, Inc. site, please provide Tum Yeto, Inc.'s Copyright Agent the following information:
- An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed including the URL (i.e., Internet address) or other specific location on the Tum Yeto, Inc. site where the material that you claim is infringing is located, including enough information to allow us to locate the material and why you believe an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e., Internet address) where it is posted or the name of the book in which it has been published;
- Your address, telephone number, and email address;
- 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; and
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Tum Yeto, Inc.'s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
General Counsel and Copyright Agent
c/o Tum Yeto, Inc.
2001 Commercial Street
San Diego, CA 92113
Tum Yeto, Inc. will terminate access to the Tum Yeto, Inc. site to those who engage in repeated acts of infringement.
LIABILITY AND WARRANTY
We and anyone who helped us to create, produce, deliver, or maintain the site are not liable for any damages that may result from your use of the site. This includes direct, incidental, consequential, indirect, or punitive damages and attorneys' fees arising from your access to, or use of, the site, including but not limited to challenges or actions for infringement, libel, and slander. Therefore, your use of this site is at your risk only. Further, everything on the site is provided to you "as is," without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. Upon our request, you agree to indemnify and hold us harmless from all liabilities, claims and expenses, including attorneys' fees, that arise from any breach of these terms of service for which you are responsible, or from the use of this service or the transmission of any content through this service. In other words, if you do something that, according to these terms, warrants your termination from the service or expulsion from the site, you must accept full responsibility for anything that happens afterwards.