Introduction
Welcome to the Taresness® Mini Stepper website, owned and operated by Taresness LLC (“Taresness”, “we”, “us” or “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website and online store at taresness.shop (the “Site”) as well as all content, products, and services available on or through the Site (collectively, the “Services”).
Please read these Terms carefully before using the Site or Services. By accessing the Site or using any Services, you agree to become bound by these Terms. If you do not agree to all the Terms, then you may not access the Site or use the Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
We may amend these Terms at any time by posting the amended terms on the Site. We may or may not post notice of any changes. It is your responsibility to check these Terms periodically for changes. Your continued use of the Site or Services after the amended Terms are posted constitutes your acceptance of the changes and agreement to be bound by the amended Terms.
Use of Site and Services
Eligibility: The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
Account Registration: Certain features or services offered on or through the Site may require you to register an account. When you register an account, you agree to provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in connection with your account. You must keep your account password secure and must notify us immediately of any breach of security or unauthorized use of your account. We are not liable for any loss or damage arising from your failure to comply with this section.
Order Processing: We make every effort to display as accurately as possible the colors, features, specifications, and details of products and services available on the Site. However, we do not guarantee that the colors, features, specifications, and details of products and services will be accurate, complete, reliable, current, or free of errors. Certain weights, measures, and similar product descriptions are approximate. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to change or update product information, prices, and descriptions without prior notice.
When you place an order, that order becomes a binding contract upon acceptance by us. We reserve the right to refuse or cancel any order for any reason at any time prior to shipment. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit or fraud departments. We may also require additional verification or information before accepting or processing any order. We will contact you if any portion of your order is canceled or if additional information is required to process your order. If your order is canceled after your credit card has been charged, we will promptly issue a credit to your credit card in the amount of the charge.
Payments: All payments are processed by secure third-party payment processors. We do not directly process or store your credit card information. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate any transaction. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: suspected fraud, inaccurate or incorrect payment details, or problems verifying your identity.
Shipping and Delivery: When you purchase a physical product, shipment is made using a carrier of our choice. You become the owner of the package once we provide it to the carrier. The carrier assumes full responsibility for delivery at that point. We are not liable for delivery delays or failures caused by the carrier. If a package is lost or damaged in transit, please contact the carrier to report the issue and initiate a claim if desired. You may also contact us for assistance.
Shipment costs and delivery estimates are displayed during checkout based on the information you provide. We reserve the right to charge additional shipping fees if actual shipping costs exceed the initial estimate (for example, due to weight miscalculations). We ship only to addresses located within the United States (including Alaska, Hawaii, and U.S. territories). We do not ship to P.O. boxes. All listed prices and availability are subject to change without notice.
Returns and Refunds: If you are not fully satisfied with any item purchased from us, you may return it for a refund or exchange within 30 days of delivery. Please see our Returns Policy for complete details on eligibility requirements and process.
Access and Use: We grant you a limited, non-exclusive, revocable license to access and use the Site and Services for your own personal use subject to these Terms. You may not use the Site or Services for any commercial purposes without our written approval. You agree not to access, copy, distribute, modify, recreate, reverse engineer, alter, publicly display, publicly perform, license, transfer, or sell any Information or Content obtained from the Site or Services without our written permission, with the exception of your own User Content that you legally post on the Site.
User Content: You are solely responsible for any User Content you contribute to the Site or Services. You represent and warrant that you have all rights required to provide User Content and that use of the User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. We may remove or modify User Content for any reason in our sole discretion.
Acceptable Use: You agree not to use the Site or Services to:
- Violate any laws, regulations, ordinances, or other such requirements of any applicable jurisdiction;
- Abuse, harass, threaten, impersonate, intimidate, or cause distress or discomfort to any person or entity;
- Damage, disable, overburden, or impair the functionality of the Site or Services in any manner;
- Gain or attempt to gain unauthorized access to our servers or networks;
- Disrupt or interfere with security, use, or enjoyment of the Site or Services;
- Upload or transmit any malicious code or software that interrupts, damages, or limits the functionality of any computer software or hardware;
- Use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or Services;
- Disclose private or proprietary information that you do not have the right to disclose;
- Infringe any third party intellectual property rights or other proprietary rights including, without limitation, copyright and trademark.
Intellectual Property Rights
The Site, Services, and all content and functionality available thereon, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, website design, underlying software code, and software (collectively, the “Taresness IP”) are the sole and exclusive property of Taresness and our licensors. The Taresness IP is protected by United States and international copyright, trademark, and other intellectual property laws.
You may not use the Taresness IP for any purpose without our express prior written permission. This means you may not reproduce, distribute, display, perform, create derivative works from, transfer, sell, or re-sell any of the Taresness IP in whole or in part. Your permitted use of the Site and Services does not grant you any rights in the Taresness IP. Any rights not expressly granted herein are reserved.
Third Party Content
The Site and Services may contain content and links to third party websites and services (“Third Party Content“). We provide Third Party Content as a convenience but do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Content. Your access and use of Third Party Content, including websites and services linked to the Site, is solely at your own risk.
User Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, notes, messages, photos, videos, or other information about the Site, Services, or Taresness IP submitted by you to us (collectively, “User Submissions“) are non-confidential and shall become the sole property of Taresness.
We will own exclusive rights to the User Submissions, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of User Submissions for any commercial or non-commercial purpose without acknowledgment, compensation, or other liability to you. You waive any rights you may have to the User Submissions, including any rights to prior inspection or approval of our use.
Disclaimers and Limitation of Liability
Disclaimers
- We make no representations, warranties, or guarantees regarding the reliability, accuracy, completeness, timeliness, quality, suitability, truth, availability, or security of the Site, Services, Taresness IP, User Submissions, or any other matter. YOUR ACCESS AND USE OF THE SITE, SERVICES, TARESNESS IP, USER SUBMISSIONS, AND ANY OTHER INFORMATION OR CONTENT IS ENTIRELY AT YOUR OWN RISK. THE SITE, SERVICES, TARESNESS IP, USER SUBMISSIONS, AND ALL INFORMATION AND CONTENT ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM CUSTOM OF TRADE OR COURSE OF DEALING.
- WE MAKE NO GUARANTEE OF ANY SPECIFIC RESULT FROM USE OF THE SITE, SERVICES, TARESNESS IP, OR USER SUBMISSIONS. WE DO NOT WARRANT THAT YOUR USE OF THE SITE OR SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT THE SITE, SERVICES, INFORMATION, CONTENT, USER SUBMISSIONS OR TARESNESS IP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
Limitation of Liability
- UNDER NO CIRCUMSTANCES WILL TARESNESS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO THESE TERMS, THE SITE, SERVICES, PRODUCTS, INFORMATION, OR CONTENT, YOUR USE OR INABILITY TO USE SAME, OR ANY OTHER MATTER IN CONNECTION WITH THESE TERMS OR THE SITE, SERVICES, OR PRODUCTS — REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TARESNESS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR PRODUCTS AND SERVICES PURCHASED VIA THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
- CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS AND USE OF THE SITE, SERVICES, INFORMATION, AND CONTENT SHALL BE ENTIRELY AT YOUR OWN RISK AND ANY DAMAGES INCURRED BY YOU ARE SOLELY YOUR RESPONSIBILITY.
Indemnification
You agree to indemnify, defend, and hold harmless Taresness and our parents, 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, relating to or arising from:
- Your use of the Site, Services, Taresness IP, or User Submissions;
- Any User Content you post or share;
- Your violation of these Terms or applicable law; or
- Your violation of any rights of a third party.
We reserve the right to exercise sole control over defense of any claim subject to indemnification by you. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Taresness.
Term and Termination
These Terms are effective unless and until terminated by Taresness or you. We reserve the right to terminate these Terms or suspend your access to the Site and Services at any time for any reason in our sole discretion, including for breach of these Terms. We may also terminate these Terms upon reasonable notice posted on the Site.
Upon termination, all licenses, rights, and obligations granted by these Terms will immediately cease, except those expressly stated to survive termination. You will immediately cease using the Site and Services. Sections regarding Intellectual Property Rights, Disclaimers/Limitation of Liability, Indemnification, and Legal Disputes shall survive any termination.
Governing Law and Legal Disputes
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or formation (collectively, “Disputes”) will be governed by and construed in accordance with the laws of the State of Delaware without giving effect to any conflicts of law principles.
Any Disputes shall be resolved exclusively in the state or federal courts located in Delaware. You hereby irrevocably and unconditionally submit to venue and personal jurisdiction of such courts for any Disputes and waive any claims that such Dispute must be handled in a different venue.
Notwithstanding the foregoing, in our sole discretion we may require that any Dispute be submitted to binding confidential arbitration governed by the Commercial Arbitration Rules of the American Arbitration Association except as modified herein. Any arbitration will be conducted by a single neutral arbitrator engaged in the practice of law and will take place in the English language in Delaware. The arbitrator’s decision shall be final and binding upon the parties and may be enforced in any court of competent jurisdiction. You agree that you will not join any arbitration proceeding with the claim of another individual or participate in any class arbitration against us.
No Class Actions: You agree that any Dispute or proceeding between you and us will take place on an individual basis only. Neither you nor we have the right to join or consolidate claims or participate in a collective, representative, class, or private attorney general action. No arbitrator or judge has authority to hold a class, collective, representative, or private attorney general arbitration or action.
No Jury Trial: You acknowledge and agree that you have knowingly and voluntarily waived any constitutional or other right to have Disputes heard by a court or jury. The arbitrator and not any federal, state, or local court shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, enforceability, or formation of these Terms.
Limitations: Any claim, action, or proceeding arising out of or related to the Site, Services, Terms, or your relationship with Taresness must be commenced within ONE year after the claim or cause of action arises. Otherwise, such claim, action, or proceeding is permanently barred.
Interpretation: These Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. No failure or delay by us in exercising any right will waive that right. If any provision of these Terms is found unenforceable, that provision will be severed from the Terms and not affect enforceability of the remaining provisions.
Changes to the Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Site homepage and updating the “Last Updated” date at the top of the Terms. Your continued use of the Site or Services after any change becomes effective constitutes your acceptance of the new Terms. If you do not wish to accept the new Terms, you should immediately stop using the Site and Services.
Contact Information
If you have any questions about these Terms, please contact us at:
Taresness LLC
123 Taresness Lane
Dover, DE 19904
[email protected]
These Terms were last updated on February 1, 2023.