Terms and Conditions
Last updated: April 22, 2019
Tattiebogle LLC ("us", "we", or "our") sells an “IDE Simulator” and may sell other products on its website, shop.tattiebogle.net (the "Product(s)"). Tattibogle LLC also provides an online discussion forum and support-oriented website, https://issues.tattiebogle.net (the websites collectively, “the websites” or “our websites”). This page informs you of our policies regarding the collection, use and disclosure of personally identifiable information when you use our Product or our websites.
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before purchasing the Product(s) or participating in any discussion on our websites.
YOUR ACCESS TO OUR PRODUCT(S) AND USE OF OUR WEBISTE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO WISH TO ACCESS OR USE THE SERVICE.
By accessing or using our websites, you, the user, agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access any of our Product(s) through our websites.
We will not market directly to you using any personally identifiable information about you unless you provide consent by opting in. By creating an Account on our websites, you agree to receive communications related to any warranty related communication received by us related to a Product you purchased on our websites. Creating an account does not give us permission to subscribe you to newsletters, marketing or promotional materials or other information we may send.
If you wish to purchase any Product made available through our websites ("Purchase"), you do so through our affiliate Stripe and you consent be subject to the Terms and Conditions of Stripe (“Stripes Terms”), which is available at https://stripe.com/payment-terms/legal, and incorporated into these Terms as if part of the original document. All payment processes and personally identifiable information collection/storage for the purpose of payment process is using Stripe. Updates to Stripe’s Terms are made in accordance to the Stripe’s Terms. We are not and cannot be responsible for updating you on Stripe’s Terms and Conditions. By making a Purchase on our websites, you consent to Stripe’s Terms.
We and/or our affiliate, Stripe reserve the right to refuse or cancel your order at any time for reasons including but not limited to: Product(s) availability, errors in the description or price of the Product(s), error in your order or other reasons.
We and/or our affiliate, Stripe, reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating Product(s) offerings. We may experience delays in updating information on the websites and in our advertising on other web sites. The information found on the websites may contain errors or inaccuracies and may not be complete or current. Products may be mispriced, described inaccurately, or unavailable on the Product and we cannot guarantee the accuracy or completeness of any information found on the Product.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice or an obligation to update users of our websites.
Tattiebogle LLC, in its sole discretion and at any time, may modify the its fees for any of its Product(s)s. Any Product(s) fee change will become effective as soon as it is posted on our websites.
Except when required by law, refunds are only accepted within thirty (30) days from the date of your purchase.
To facilitate a refund, you must submit a ticket on our websites. Emails related to refund requests will not be accepted.
Return shipping charges are borne by you, the Purchaser and/or User. Products purchased on our websites cannot be returned without you first receiving a return authorization number from us by submitting a claim on our websites. Any Product(s)s returned without submission of a claim via our websites, or receiving an authorization number will not be accepted and no refund will be provided.
Our websites allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Product, including its legality, reliability, and appropriateness.
By posting Content on or through the Product, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Product does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright and/or to remove and destroy the posted Content.
You retain any and all of your rights to any Content you submit, post or display on or through the Product and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Product. However, by posting Content using the Product you grant us the perpetual, irrevocable, unrestricted, nonexclusive, royalty-free right and license to use, sublicense, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Product. You agree that this license includes the right for us to make your Content available to other users of the Product, who may also use your Content subject to these Terms.
Content should be restricted to materials that are related to Product(s) use, servicing, or performance. You may NOT upload or introduce any other Content to our websites.
Tattiebogle LLC has the right but NOT the obligation to monitor and edit all Content provided by users. Tattiebogle LLC. also have the right to edit any content it deems inappropriate.
In addition, Content found on or through this Product are the property of Tattiebogle LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our websites or a third- party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate or deny accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Product infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please email us at email@example.com and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Product on your copyright. Each user may post a comment or review of the service. Comments and reviews are limited to one comment or review of the services per user or IP address, per calendar quarter.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing through our websites (see 17 U.S.C 512(c)(3) for further detail):
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Product where the material that you claim is infringing is located;
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;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can also contact our Copyright Agent via email at firstname.lastname@example.org using the subject line DMCA.
The Product and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Tattiebogle LLC and its licensors. The Product is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any Product(s) or service without the prior written consent of Tattiebogle LLC
Links To Other Web Sites
Our Product may contain links to third party web sites or services that are not owned or controlled by Tattiebogle LLC. Some third-party websites that are linked to our websites are: Stripe, for payment processing, Google Ads, and Amazon affiliate links.
Tattiebogle LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tattiebogle LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. Stripe’s Terms may be found here, https://stripe.com/payment-terms/legal.
We may terminate or suspend your account and bar access to our websites immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Product.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Tattiebogle LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Product, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Product.
Limitation Of Liability
In no event shall Tattiebogle LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Product; (ii) any conduct or content of any third party on the Product; (iii) any content obtained from the Product; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Product is at your sole risk. The Product is provided on an "AS IS" and "AS AVAILABLE" basis where legal. The Product is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Tattiebogle LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Product will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Product is free of viruses or other harmful components; or d) the results of using the Product will meet your requirements.
Some jurisdictions, including Alabama, Arizona, Connecticut, Kansas, Maine, Maryland, Massachusetts, Minnesota, Mississippi, New Hampshire, Vermont, Washington, West Virginia, and Washington D.C. do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
By accessing our websites, and/or purchasing our Products, you agree that any dispute arising between you and us will not be resolved by litigation. Rather, you agree that all disputes must be resolved by first seeking mediation.
If no resolution comes through the mediation process, you agree that any dispute between you and us will be resolved via arbitration. In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of these Terms, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from these Terms, but specifically excluding any dispute principally related to either party’s intellectual property (which such dispute will be resolved in litigation before the United States District Court for the Northern District of California), will be determined by arbitration in San Francisco, California before a single arbitrator.
The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of California, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Northern District of California to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of these Terms.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in these Terms will affect the right of any party to serve process in any other manner permitted by Law.
To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with these Terms, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to these Terms or any of the transactions contemplated between the parties.
Subject to the limitations of liability identified in these Terms, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of California. In making a determination, the arbitrator will not have the authority to modify any term or provision of these Terms. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in San Francisco, California. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review.
Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to these Terms, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset.
The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
THE EXCLUSIVE MEANS OF RESOLVING THROUGH ADVERSARIAL DISPUTE RESOLUTION ANY DISPUTES ARISING OUT OF THESE TERMS OF SERVICE, WE MAY DEMAND THAT ANY SUCH DISPUTE BE RESOLVED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND EACH PARTY HEREBY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED. JUDGEMENT ON THE AWARD RENDERED IN ANY SUCH ARBITRATION MAY BE ENTERED IN ANY COURT HAVING JURISDICTION.
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Product, and supersede and replace any prior agreements we might have had between us regarding the Product.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Product after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorized to use the Product.
If you have any questions about these Terms, please contact us at email@example.com.