Terms of Sales
WELCOME TO TIWAL.COM
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. This Site is free to use by you. And by using this Site, you the user are agreeing to comply with and be bound by the following terms of use. After reviewing the following terms of Use thoroughly, if you do not agree to the terms of Use, please do not use this site.
Tiwal Corp. (“Tiwal”) is the operator of this Website including any and all affiliated sites (“Website”). Software, hosting, other functions, Website content, advertisements, goods and services being offered for sale or links to other websites may be provided by unaffiliated third-party service providers. Tiwal affiliates, service providers and business partners are intended to be third party beneficiaries of these Terms and Conditions. This Website is not directed to children younger than thirteen (13) years of age. Children younger than thirteen (13) years of age may not use this Website to submit any individually identifiable information.
We reserve the right to change these Terms and Conditions at any time and you are advised to review our Terms and Conditions on a regular basis as you will be deemed to have accepted variations if you continue to use this Website or download materials from it after the Terms and Conditions are re-posted by us.
Tiwal and its affiliates, service providers and business partners may terminate, modify, remove, suspend or discontinue any aspect of this Website, including the availability of any features, at any time, without notice or liability. Tiwal and its affiliates, service providers and business partners may terminate your use of this Website in their sole discretion.
Any reference to any product or service which has been provided or may be provided by Tiwal or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice. In the event of any conflict between these Terms and Conditions and any legal notices or terms located elsewhere on this Website, these Terms and Conditions will control.
COPYRIGHT
Our boats are manufactured under U.S. Patent No. 9,694,875, E.U. Patent pending, CN Patent ZL 201280058396.4.
The entire content included in this Website, including but not limited to text, design, graphics or code, software, technical drawings, configurations, and other files and their selection and arrangement (the “Content”) is copyrighted as a collective work under the United States and other copyright laws, and is the property of Tiwal, its licensors and/or designers. The collective work includes works that are licensed to Tiwal. The Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Tiwal’s prior written permission. User’s may download or print Content for uses that are not competitive with or derogatory to Tiwal, its affiliates, business partners or service providers, provided you keep all copyright or other proprietary notices in tact and that you do not transfer any other Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms and Conditions.
This limited consent may be revoked at any time and does not include consent to republish Content on any other internet, intranet or extranet site or to incorporate Content in any other database or compilation. Any other use of the Website is strictly prohibited. You further agree to not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Website, including but not limited to customer identities. If you believe that your copyrighted material has been improperly used on this Website, please contact Tiwal.
TRADEMARKS
Tiwal and other symbols and names used on the Site are the trademarks and service marks of Tiwal Corp. All other trademarks, service marks, icons, and logos used in this Site are the trademarks, service marks or logos of their respective owners.
TIWAL PRIVACY STATEMENT
By providing your personal details to us, you agree to be bound by our privacy statement (“Privacy Statement”). If you do not agree to be bound by this Privacy Statement, please do not provide your personal details to us nor should you submit or participate in any contests, surveys or communications. You have the opportunity to decide whether or not to receive communications from us at any point where we request information about you. This Privacy Statement is incorporated into, and part of the Terms and Conditions, which govern your use of this Website in general. We will use your information for the purposes set out below.
We may use your personal information in order to communicate with you about our products, services and contests. However, you will be able to choose whether or not to receive such communications when you first provide personal information to us or at any time thereafter (see “Opt out Instructions” below). The information may be used for internal marketing analysis, for example, to assess trends amongst our consumers or to measure the amount of traffic to our Website. Other than personally identifiable information, any material, user generated content, information, suggestions, ideas, concepts, know-how, techniques, photos, videos, music, questions, comments or other communications you transmit, post or submit to the Website or to any Customer Service Representative in any manner (“User Communications”) are and will be considered non-confidential and non-proprietary. Submission of any User Communication shall be deemed a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use and assignment thereof to Tiwal, its affiliates, service providers, business partners and/or their designees, who may use any or all User Communications for any purpose whatsoever, including, without limitations, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any and all commercial or non-commercial purposes.
We will ask your permission before we divulge your personal information to third parties who wish to send you marketing and promotional information that may be of interest to you. In such circumstances your personal information may be disclosed to these organizations who will agree to be bound by the terms of this Privacy Statement.
OPT OUT INSTRUCTION
You will have an opportunity to opt out whenever we communicate with you. If you would like to opt out from all communications about our products or services please email your instructions to info@tiwal.com.
We will take all reasonable efforts to delete your personal information from our database as soon as reasonably possible after you opt out. Please note that even if you chose to opt out of marketing communications, we will continue to send important service-related communications (e.g. order confirmation or product safety information). However, these communications are not promotional in nature. Therefore, you should not expect that all of your personally identifiable information will be completely removed from our database in response to your requests.
CONTEST SUBMISSIONS
Submissions or transmission for entry in contests, competitions or challenges by participants shall be considered User Communications and subject to the Tiwal Privacy Statement and these Terms and Conditions. User Communications are non-confidential and non-proprietary. User Communications shall be deemed a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use and assignment thereof to Tiwal, its affiliates, service providers, business partners and/or their designees, who may use any or all User Communications for any purpose whatsoever, including, without limitations, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any and all commercial or non-commercial purposes. Participants warrant and represent that they have obtained written consent of any identifiable persons and of the owner of any animals in any content to use their likeness in connection with the submission or transmission and grant Tiwal all rights necessary for the continued use of such likeness in any manner for any purpose. Submissions will be considered “work for hire” to the extent allowed by law. Submissions may therefore be used by Tiwal in any manner and for any purpose without restriction and without further obligation to user or participant, his or her successors or assigns, or any other entity. Participants warrant that they are thirteen (13) or older. Participants who are between thirteen (13) and eighteen (18) years old must obtain parent/guardian permission to submit entry to any contest, competition or challenge.
WARRANTY DISCLAIMER
This Website and the materials and products on this Website are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Tiwal disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Tiwal does not represent or warrant that the functions contained in this Website will be uninterrupted or error-free, that the defects will be corrected, or that this Website or the server that makes this Website available are free of viruses or other harmful components. Tiwal does not make any warrantees or representations regarding the use of the Content in this Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Tiwal shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the Content on this Website or the performance of the products, even if Tiwal has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event of any problem with this Website or any Content, you agree that your sole remedy is to cease using this Website.
TYPOGRAPHICAL ERRORS
While our goal is a 100% error-free Website, we do not guarantee that the Website or its Content is accurate and complete, including price information and product specifications. In the event that a Tiwal product is mistakenly listed at an incorrect price, Tiwal reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Tiwal reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Tiwal shall issue a credit to your credit card account in the amount of the incorrect price.
TERMINATION
These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or shopping process. These Terms and Conditions, or any part of them, may be terminated by Tiwal without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Governing Law shall survive any termination.
NOTICE
Tiwal may deliver notice to you by means of e-mail, a general notice on this Website, or by other reliable method to the address you have provided to Tiwal.
USE OF WEBSITE
Harassment in any manner or form on this Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Tiwal or other licensed employee, host, or representative, as well as other members or visitors on this Website is prohibited. You may not upload to, distribute, or otherwise publish through this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on this Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. You are prohibited from violating or attempting to violate the security of the Website, including, without limitation; accessing data not intended for you or logging onto a server or account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; sending unsolicited email, including promotions and/or advertising products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
PARTICIPATION DISCLAIMER
Tiwal does not and cannot review all communications and materials posted to or created by users accessing this Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on this Website, Tiwal is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, Tiwal reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Tiwal in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Tiwal, its officers, directors, employees, agents, licensors, affiliates, service providers, business partners and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing this Website using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, Tiwal may link to websites operated by third parties. However, even if the third party is affiliated with Tiwal, Tiwal has no control over these linked sites, all of which have separate privacy and data collection practices independent of Tiwal. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Tiwal seeks to protect the integrity of this Website and the links placed upon it and therefore requests any feedback on not only its own Website, but for websites it links to as well (including if a specific link does not work).
INDEPENDENT CONTRACTORS
You agree that no joint venture, partnership, employment or agency relationship exists between you and Tiwal as a result of these Terms and Conditions or your use of this Website.
SEVERABILITY
If all or any part of these Terms and Conditions is invalid or unenforceable under applicable law, the invalid or unenforceable provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall govern such use.
GOVERNING LAW
This Website shall be governed in all respects by the laws of the State of Massachusetts, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of Tiwal products) shall be in the state or federal courts located in Newport County or Providence Plantations, Rhode Island. Any cause of action or claim you may have with respect to this Website (including but not limited to the purchase of Tiwal products) must be commenced within one (1) year after the claim or cause of action arises. Tiwal’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Tiwal may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.