Tandym Website Terms of Service
Last updated: May 25, 2022
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. Unless you and Tandym have entered into a separate written agreement, these Terms constitute the entire and exclusive agreement between you and Tandym regarding the Services. These Terms are in addition to, and do not modify, the terms of any separate written agreement you may have entered into with Tandym, including the Consumer Agreement and Merchant Agreement. In the event of a conflict between these Terms and any separate written agreement entered into between you and Tandym, the terms of such separate written agreement will prevail.
3. Changes to these Terms. We may update these Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Services and/or may also send other communications. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore.
4. Services Content. We may make available through the Services content and materials that are subject to intellectual property rights. We retain all rights to that such content and materials. We grant you permission to display, copy, distribute and download the content and materials on the Services solely for personal, noncommercial use only, provided that you do not modify or create derivative works based upon the content and materials and that you retain all copyright and other proprietary notices contained in the content and materials. You may not, however, distribute, copy, reproduce, display, republish, download or transmit any content or material on the Services for public or commercial use without prior written approval of Tandym.
Terms Applicable to Account Applicants. If you are using the Services to open or apply to open a line of credit account with Tandym and/or to make payments related to your line of credit account with Tandym, you agree to the following:
(a) You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Tandym or its service provider for the duration of your account with Tandym, solely to help us identify you or your wireless device and to prevent fraud.
6. General Prohibitions. You agree not to do any of the following:
(a) Use, display, mirror or frame the Services or any individual element within the Services, Tandym’s name, any Tandym trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Tandym’s express written consent;
(b) Access, tamper with, or use non-public areas of the Tandym, Tandym’s computer systems, or the technical delivery systems of Tandym’s providers;
(c) Attempt to probe, scan or test the vulnerability of any Tandym system or network or breach any security or authentication measures;
(d) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Tandym or any of Tandym’s providers or any other third party (including another user) to protect the Services;
(e) Attempt to access or search the Tandym or download content from the Tandym using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Tandym or other generally available third-party web browsers;
(f) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(g) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(h) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
(i) Impersonate or misrepresent your affiliation with any person or entity;
(j) Violate any applicable law or regulation; or
(k) Encourage or enable any other individual to do any of the foregoing.
7. Links to Third Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
8. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
9. Indemnity. You will indemnify and hold Tandym and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, or (b) your violation of these Terms.
10. Limitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER TANDYM NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TANDYM OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TANDYM’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100).
11. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the laws of the State of New York, without regard to its conflict of laws provisions. The parties expressly consent to personal and exclusive jurisdiction in the state and federal courts located in the City and State of New York, and you and Tandym each waive any objection to jurisdiction and venue in such courts.
12. General Terms. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Tandym’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Tandym. The exercise by Tandym of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
13. Contact Information. If you have any questions about these Terms, please contact Tandym at email@example.com or (888) 874-4889.