Last updated: October 11, 2024
Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, governs how disputes will be resolved.
Acceptance of the Terms of Service
These terms of service are entered into by and between you and T Machine Works LLC d/b/a Tenuta Industrial Technologies (“Tenuta”, “We” or “Us”). The following terms and conditions (these “Terms of Service”), govern your access to and use of www.tenutaindustrial.com and any other websites that display these Terms of Service (the “Website”), including any content, functionality and services offered on or through the Website.
Please read these Terms of Service carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Service and our Website Privacy Policy, and any other notices and “click through” agreements that We may establish and post from time to time, all of which are incorporated herein by reference. If you do not agree to these Terms of Service or the Website Privacy Policy, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older. By using this website, you represent and warrant that you are at least 18 years old and are of legal age to form a binding contract with Tenuta in your jurisdiction and meet the foregoing eligibility requirements. If you do not meet these eligibility requirements or if you do not agree to these Terms of Service, you must not access or use the Website or the Services.
Services
Through the Website, you can obtain information about our services, request quotations through our online quoting tools, place orders for products, and receive other services as we may offer from time to time (collectively the “Services”). Your access to and use of the Website and the Services are subject to the Terms of Service and all applicable laws.
Changes to the Terms of Service
Tenuta reserves the right to update or modify these Terms of Service at any time in its sole discretion, without prior notice, by posting any such modified or revised version of these Terms of Service behind the link marked “Terms of Service” at the bottom of each page of the Website. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website after we have posted any revised Terms of Service constitutes your agreement to be bound by the revised Terms of Service. You are expected to check the Terms of Service from time to time so you are aware of any changes, as they are binding on you.
Intellectual Property
Content
Unless otherwise indicated, the Website and Services together with their design, text, content, features, functionality, and all other components or matters related to the Website and Services (collectively the “Content”) are owned by Tenuta, by its licensors, or by third parties who have granted us permission to use their Content and are protected by all applicable copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Except as otherwise expressly permitted by these Terms of Service, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, reverse engineered, displayed, posted or transmitted in any form or by any means, without our express prior written permission or express prior written permission of any third party owner of the Content.
We grant you permission to lawfully access and use the Website for your personal or company’s internal use only; to upload Models; and to display, download, archive, and print, portions of the Website on a temporary basis. You must not modify any materials from this website or delete or alter any copyright, trademarks, or proprietary notices contained in the materials. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at our option, return or destroy all copies of the materials you have made. No right, title or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by Tenuta. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Trademarks and Service Marks
All logos, product names, page headers, custom graphics, button icons, trademarks, service marks and logos appearing on the Website, unless otherwise noted, are service marks, trademarks (whether registered or not) and/or trade dress of Tenuta (the “Marks”). You are not authorized to display or use the Marks in any manner without our prior written permission. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks, trade dress or any other materials, except as permitted by these Terms of Service, is expressly prohibited.
Your Models
As part of the Services we provide through the Website, you may request quotations through our online quoting tools and place orders for products. To utilize these services, you may be requested to or required to submit a design, drawing, model, prototype or other materials (the “Model”) in an appropriate format that we may require, as established in our sole discretion. In addition, any Model that you submit must meet and comply with these Terms of Service. By using these Services, you represent and warrant that you own the Model or otherwise have all necessary licenses and permissions for the Model to allow Tenuta to lawfully manufacture the product consistent with these Terms of Service. You hereby grant Tenuta a non-exclusive, transferable license to copy, modify, and use each Model that you submit through the Website solely for the purpose of providing the Services you have requested. You represent and warrant that you are not aware of any claim by a third party or any reason that a third party could claim that use of the Model would infringe on any patents, copyrights, trade secrets, trademarks, or other rights of a third party.
In the event that you modify any information, including contact information, related to a Model, You further represent and warrant that (a) you are authorized to modify such information; (b) you have accurately entered all such information; (c) you are solely responsible for the consequences of any errors in the entry of such information; and (d) you are solely responsible for all use of this website by anyone you designate to have access to your Models, including any changes made to your Models.
Payment and Fees
You agree to pay all costs, fees and any other charges incurred by you (including any applicable taxes) for the Services you have requested through the Website in accordance with the applicable Terms of Sale.
Reliance on the Website
The information presented on or through the Website is made available solely for general information purposes. We make no representations or warranties with respect to this website or its contents. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We may update the content on this Website from time to time, but its content may not necessarily be complete or up to date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Disclaimers
You understand that we cannot and do not guarantee or warrant that this website, its servers, files available for downloading from the internet or from the Website, or emails and any email attachments sent from us will be free of viruses or any other harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We do not provide any representations or warranties against the possibility of deletion, misdelivery or failure to store communications, personalized settings, or other data, including, without limitation, any models submitted by you when you request a quote.
WE WILL NOT BE LIABILE FOR ANY LOSS OR DAMAGE CAUSED BY ANY VIRUS, ATTACK, OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL OR PROCESS THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. NEITHER TENUTA NOR ANY PERSON ASSOCIATED WITH TENUTA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER TENUTA NOR ANYONE ASSOCIATED WITH TENUTA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
We make no representations or warranties with respect to this Website, its contents, or any Services obtained through the Website. Your use of the Website, including any quote products or Services you receive from this Website, are provided “as is” and on an “as available” basis. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose, with respect to your use of this website including any products or services provided through the site. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
The information and all other materials on this Website are provided for general information purposes only and do not constitute professional advice. It is your responsibility to evaluate the accuracy and completeness of all information available on the Website or any website with which it is linked.
Hyperlinks
The Website may contain links to other websites maintained by Tenuta or unrelated third parties. These links are provided for your convenience only. We have no control over the contents of third parties’ websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. A link to a third party’s website does not mean that we approve, endorse or accept any responsibility for that website or the use of products and services available through such website. We do not make any representations or warranties, whether express, implied, or otherwise, about third party websites. If you decide to access or use any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to public pages of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Limitation of Liability
Tenuta, and its parent, subsidiaries, affiliates, employees, agents, members, officers, directors, licensors, suppliers, service providers, contractors, successors and assigns, shall in no event be liable for any losses, expenses, or damages of any kind, under any legal theory, and of whatever nature and howsoever arising including, any direct, indirect, special, incidental, punitive, or consequential damages, including, without limitation, personal injury, pain and suffering, emotional distress, loss of use, loss of data, loss caused by a virus, loss of revenue, loss of income or profit, loss of business or anticipated savings, loss of or damage to property, loss of goodwill, claims of third parties, or other losses of any kind or character, even if foreseeable, arising out of or in connection with the use of, or inability to use, the Website, any websites linked to it, any Content on the Website or such other websites, or any Services or items obtained through the Website or such other websites. You assume all responsibility for establishing such procedures for data back up and virus checking as you consider necessary. If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then our aggregate liability (and any other person or entity whose liability would otherwise have been limited) for liabilities that otherwise would have been limited will not exceed five dollars ($5.00).
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify and hold harmless Tenuta, its affiliates, licensors and service providers, and its and their respective officers, directors, members, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website, including, but not limited to any use of the Website’s Content, Services and products, other than as expressly authorized in these Terms of Service, or your use of any information obtained from the Website.
User Accounts
You agree to provide true, accurate, current and complete information about yourself. Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username or password by you or by anyone else using your username and password, whether or not authorized by you. You must immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password (contact us at info@tenutaindustrial.com) and until we are so notified you will remain liable for any unauthorized use of your account.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website (a) in any way that violates any federal, state, local, or international law or regulation; or (b) to engage in any other conduct that restricts or inhibits anyone’s use of the Website, or which, as determined by us, may harm Tenuta or users of the Website or expose them to liability. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Website is strictly prohibited.
Further, you agree to not
- Use the Website in any manner that could disable, overburden, damage, or
- impair the Website or interfere with any other party’s use of the Website;
- Use any robot, spider or other automatic device, process or means to access the
Website for any purpose, including monitoring or copying any of the material on
the Website; - Use any manual process to monitor or copy any of the material on the Website or
for any other unauthorized purpose without our prior written consent; - Use any device, software or routine that interferes with the proper working of the
Website; - Introduce any varuses, trojan horses, worms, logic bombs, or other material
which is malicious or technologically harmful; - Attempt to gain unauthorized access to, interfere with, damage or disrupt any
parts of the Website, the serve on which the Website is stored, or any server,
computer, or database connected to the Website. - Attack the Website via a denial-of-service attack or a distributed denial-of-service
attack; or - Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement
Tenuta reserves all rights and remedies available to it, including the right to (a) take appropriate legal action, including without limitation, referral to law enforcement for any illegal or unauthorized use of the Website; and/or (b) Terminate or suspend your access to all or part of the Website for any or no reason, including for any violation of these Terms of Service.
Accessing the Website
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, this Website or any portion thereof, including any service or material we provide on or through the Website, in our sole discretion and without notice. We will not be liable to you or to any third party if for any reason all or any part of the Website is unavailable at any time or for any period, including for any modification, editing, deletion, suspension or discontinuance of this Website. We may restrict access to some parts of the Website, or the entire Website to certain users or classes of users, which we may establish in our sole discretion.
You are responsible for making all arrangements necessary for you to have access to the Website. Further, you are responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
To access the Website or some of the resources or services offered on the Website, you may be asked or required to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website is otherwise governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy.
Waiver and Severability
No waiver by Tenuta of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tenuta to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Entire Agreement
These Terms of Service, together with our Online Privacy Policy, and all other click through agreements you may enter into, which are expressly incorporated herein, contain the entire understanding between you and us with respect to your use and access of this Website and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Governing Law and Jurisdiction
These Terms of Service and all matters relating to your access to, and use of, this Website, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), shall be governed by the laws of the State of Wisconsin, without regard to any choice or conflict of laws principles (whether of the State of Wisconsin or any other jurisdiction). You agree to submit to the exclusive jurisdiction of the state and courts located in Kenosha, Wisconsin, or the nearest federal courts of the United States located within the State of Wisconsin, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country or state of residence or any other relevant country or state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Contact
Tenuta Industrial Technologies’ websites, include www.tenutaindustrial.com and other websites that display these Terms of Service. The Website is operated by T Machine Works LLC d/b/a Tenuta Industrial Technologies, located at 5915 2nd St, Suite B, Kenosha, WI 53144.
If you have any questions, feedback, comments, requests for technical support, or other communications regarding the Website or these Terms of Service, please contact us at info@tenutaindustrial.com.