TERMS OF USE

Last Updated: 4/17/19

Acceptance of the Terms.

Welcome to The Tempest! The following terms and conditions, (these “Terms”) are entered into by and between you and The Tempest, Inc. (d/b/a ‘The Tempest’) (“The Tempest”, “Company“, “we“, “us” or “our“).  These Terms govern your access to and use of our website, www.thetempest.co (the “Site”), your purchase, and retail items (“Products”), along with any other services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”). 

Please read these Terms carefully. By accessing, browsing or otherwise using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you (1) acknowledge that you have read and understood these Terms, (2) represent and warrant that you meet all of our eligibility requirements for using the Services as described in these Terms, and (3) accept and agree to be bound by these Terms, including any other terms applicable to the Services that are incorporated herein by reference. If you are using the Services on behalf of an entity, you are agreeing to these Terms for that entity and are representing to us that you have the authority to bind that entity to these Terms (in which case “you” will refer to that entity). If you do not accept these Terms or do not satisfy the eligibility requirements set forth below, you may not access or use the Services. 

Privacy Policy.

Your use of, and participation in, the Services offered by the Company is subject to the terms set forth in our privacy policy located at www.thetempest.co/privacy (the “Privacy Policy”). Our Privacy Policy details how we collect and use your information. Please review it if you would like to know more about how we collect, use, and treat your information.

Changes to the Terms of Use.

We reserve the right to update and revise these Terms at any time. We’ll make sure to also change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. Any such changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Please review these Terms regularly because once we post any changes, your continued use of the Services constitutes your acceptance of the revised Terms.

Ontario residents only:  Despite any other section that refers to our right to change these Terms, if you are a resident of Ontario, we reserve the right to update and revise these Terms (including changing the scope of the Services, access to the Services, applicable fees and charges or our eligibility criteria) (collectively, “Changes”) no less than on a yearly basis by providing you thirty (30) days’ advance notice of such Changes in accordance with applicable law.  Upon receiving the notice, you may refuse the Changes and cancel these Terms by sending us a notice to that effect to hey@thetempest.co within the time specified in the notice. If you do not agree with the Changes, then notwithstanding any cancellation of these Terms, you agree that all outstanding amounts owing to us are immediately due and payable and that we have the right to bring suit and exercise all rights and remedies available under applicable law in respect of such outstanding amounts. If you do not notify us within the time specified in the notice, the Changes will take effect on the date indicated in the notice. In that case, you will be deemed to agree to the Changes which will apply to all access to and use of the Services thereafter and will become part of these Terms.

Access to Services.

By accessing the Services, you warrant that:

  1. You are legally capable of entering into binding contracts;
  2. All registration information you submit is truthful and accurate;
  3. You will maintain the accuracy of such information; and
  4. Your use of the Services does not violate any applicable law or regulation.

Purchase of Membership and Products.

If you purchase a Membership or any Product from the Site, the terms of sale provided in this section apply to you, as well as any other specific rules, usage restrictions, or procedures that we may provide to you in relation to your purchase (including your Membership Terms and Conditions).

You agree to provide your payment information at the time you purchase or renew your membership or order any Product on the Site. Our payment page is powered by third party payment service providers, Square and Shopify. The information provided to Square and Shopify is governed by Square and Shopify’s respective Terms of Services and Privacy Policies located at https://squareup.com/legal/uahttps://squareup.com/legal/privacy and https://www.shopify.com/legal/termshttps://www.shopify.com/legal/privacy. The Tempest is not responsible for the performance of Square and Shopify. In the course of your use of the Services, the third party payment service providers may receive and implement updated credit card information from your credit card issuer in order to prevent your membership from being interrupted by an outdated or invalid card. This disbursement of the updated credit card information is provided to third party payment service providers at the sole election of your credit card issuer. Your credit card issuer may give you the right to opt-out of the update service. Should you desire to do so, please contact your credit card issuer. Our obligation to provide the Services only comes into being when we take receipt of your order. You agree not to hold us responsible for banking charges incurred due to payments on your account.

Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage to the agreed place of delivery; and (b) value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for taxes on your membership, and taxes, shipping or carriage of the Products as such costs are specified by us on the Site when you submit your order.

By purchasing Products, you hereby agree not to resell or distribute such Products for any commercial purposes. All orders are subject to our acceptance or rejection based on Product availability. Noncompliance with these Terms or any other reason are determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place.

 

 

Returns and Refunds.

Except for any products designated on the Site as nonreturnable or “final sale’, Products that are unworn, unwashed or defective may be returned within fourteen (14) days of the date you receive the Products. Products can be returned to The Tempest only if you purchased the Products on the Site or at a physical location of The Tempest. To return a Product, you must first email us at hey@thetempest.co. If you bought a Product at another online reseller or any retail store, you must seek to return where the Product was originally purchased.

You must return qualifying Products to us in their original or equivalent packaging, along with their included accessories, packaging, and valid proof of purchase. You are responsible for all shipping and handling charges on returned items unless otherwise specified, and you bear the risk of loss for returning or exchanging Products. The Tempest is not responsible for Products that are returned without following our instructions, or are lost, damaged, modified or otherwise processed for disposal or resale. At The Tempest’s discretion, credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing, or missing parts. Your refunded amount will be made based upon the original payment method. Shipping charges are not refundable.

Shipments; Delivery; Title and Risk of Loss.

The Tempest will arrange for shipment of Products to you. You will pay all shipping and handling charges listed in the order confirmation unless the confirmation specifies otherwise. Title and risk of loss pass to you upon our transfer of the products to the carrier (including, but not limited to, FedEx, UPS, or USPS). Shipping and delivery dates are estimates only and cannot be guaranteed.

The Tempest is not liable for any delays in shipments, and you are not eligible for a refund of any Product ordered by you as a result of a shipping delay.

Changing Fees and Charges.

We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services.

Cancellations By The Tempest.

We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms or other related restrictions. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of content from the Services.

Eligibility; User Restrictions.

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority (“Minor”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adults. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are under the age of 18 or the applicable age of majority and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction, including the specific laws of your jurisdiction regarding the import, export, or re-export of the Services.

Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria. We may also suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

Use of the Services; Restrictions on Use.

We may from time to time in our sole discretion develop and provide updates to the Services, change the Services, restrict access to the Services (including to registered users) or withdraw or terminate the Services entirely, and we reserve the right to do so in our sole discretion without notice.  Any such updates or changes will be deemed part of the Services and subject to all terms and conditions of these Terms. We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services. In the event of modification or termination, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability.

You may only use the Services as explicitly authorized and in compliance with any policies made available to you within the Services.  You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. Without limiting the foregoing, you may not do any of the following while accessing or using the Services:

  • use the Services or solicit members for any revenue generating endeavor, commercial enterprise, or other purpose other than for personal, non-commercial use, without our express written consent;
  • express or imply that any statements you make are endorsed by The Tempest;
  • scrape the Services or use other automated or manual means to take our content without our express prior written consent;
  • modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of the Services not intended to be so read;
  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure;
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
  • bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
  • run any form of auto-responder or “spam” on the Services;
  • access or use the Services for any illegal or unauthorized purpose, including to harass, abuse, defame or otherwise infringe or violate the rights of any other party; or
  • otherwise take any action in violation of these Terms.

Internet.

You also acknowledge and agree that your use of the Services requires Internet access and bandwidth and we do not own or control all aspects through which the Services are provided and cannot guarantee the performance of such facilities, equipment and communications lines. The Internet is not a secure network and third parties may be able to intercept, accept, use or corrupt the information you transmit or receive over the Internet. We are not responsible for invalid, erroneous or corrupted data.

Links to Third Party Websites.

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. Although a third party website may contain The Tempest’s logo or other intellectual property elements, please understand that it is independent from The Tempest and that The Tempest has no control over the content of that website. These links do not imply endorsement of, sponsorship of, or affiliation with The Tempest. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

 

Comments, Concerns and Complaints.

All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: hey@thetempest.co