Terms and conditions of use

Explanation

The terms and conditions detailed below establish the ground rules for your use of our website. Through your use of this website, you accept and agree to these terms and conditions in full. If you disagree with these terms and conditions, in part or entirety, you must not use this website.

You Must be 18 Years Old

By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age and do not have criminal intent, with authorization to use the credit card that is provided.

You Are Not A Felon And Do Not Have Criminal Intent

By using this website and by agreeing to these terms and conditions you warrant and represent that you are at not a felon, with authorization to use the credit card that is provided.

PRIVACY POLICY OVERVIEW

We are committed to preserving the privacy of all visitors to our website at shop.parts-dispspensed.com. Please read the following privacy policy to understand how we use and protect the information that you provide to us.

By registering or placing an order on this website, you consent to the collection, use and transfer of your information under the terms of this policy.

Information we collect from you:

When you visit, register, or order products or services you may be asked to provide certain information about yourself including your name, contact details and credit or debit card information. We may also collect information about your usage of our website as well as information about you from messages you post to the website and e-mails or letters you send to us.

Use of your information:

Your information will enable us to provide you with access to all parts of our website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you, when necessary, concerning your orders. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you for your views on our services and to occasionally notify you about important changes or developments to the website or our services.

Disclosure of your information:

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

Cookies

Cookies are small amounts of information which we may store on your computer.

Our system issues cookies when users log on to the site. Cookies make it easier for users to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalize the content of the site for you.

Users may set up their computer to reject cookies by following the relevant instructions which can be found at www.aboutcookies.org. In that case, users may not be able to use certain features on our site.

Security and Retention

We employ security measures to protect your information from access by unauthorized persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

Accessing and Updating

You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please login to your account to modify your details. You can also contact us at info@TynaDyne.com.

NO WARRANTIES

This website, our products, and services are provided “as is” without any representations or warranties, express or implied.

TynaDyne makes no representations or warranties in relation to this website, the information and materials provided on this website, or our products and services. Without prejudice to the generality of the foregoing paragraph,

TynaDyne does not warrant that:

This website will be constantly available, or available at all; or
The information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.

Limitations of liability

To the maximum extent permitted by law, TynaDyne will not be liable to you (whether under the law of contracts, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website or our products or services:

for any indirect, special or consequential loss; or
for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TynaDyne has been expressly advised of the potential loss.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You agree that you will not bring any claim personally against TynaDyne officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TynaDyne’s founders, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TynaDyne.

Indemnity

You hereby indemnify TynaDyne and undertake to keep TynaDyne indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TynaDyne to a third party in settlement of a claim or dispute on the advice of TynaDyne’s legal advisers) incurred or suffered by TynaDyne arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to TynaDyne’s other rights under these terms and conditions, if you breach these terms and conditions in any way, TynaDyne may take such action as TynaDyne deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

REVISIONS

TynaDyne may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

TynaDyne may transfer, sub-contract or otherwise deal with TynaDyne’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and TynaDyne in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

CONTROLLING LAW

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

BINDING ARBITRATION

In the event of a dispute arising under or relating to these terms of service, our website, or any products or services provided by us (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States County where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this agreement will prevent TynaDyne, Inc. from seeking injunctive relief in any court of competent jurisdiction as necessary to protect TynaDyne, Inc. proprietary interests.

CLASS ACTION WAIVER

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

CONTACT

All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:

info@tynadyne.com