PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
Your use of this website is expressly conditioned on your acceptance of the following terms and conditions. By using this website, you signify your assent to these terms and conditions. If you do not agree with any part of the following terms and conditions, you must not use this website. Limited permission to view using a browser and to cache is granted.
© 2016 Tenshon, LLC. ALL RIGHTS RESERVED
1. OWNERSHIP. This website, and each of its components, is the copyrighted property of Tenshon, LLC. (“Tenshon”), and its various third-party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Tenshon and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of Tenshon, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Tenshon or such other party that may own the Trademark.
2. USE OF SITE. You may only use this website to browse the content, make inquiries to Tenshon, order Tenshon products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Tenshon, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. ‘Deep-linking,’ ‘embedding’ or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Tenshon does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Teshon does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized Tenshon (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).
3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using your login information.
5. SPECIALS, PROMOTIONS AND SWEEPSTAKES/CONTESTS. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.
6. PASSWORDS. This website may provide you with the ability to use usernames, passwords, or other codes or devices to gain access to certain portions of this site (“access codes”). We may prohibit the use of such access codes on your behalf by third parties where we determine that such use interferes with the operation of the website or results in activities that are detrimental to us. In addition, you agree to be responsible for any activities conducted using access codes assigned to you.
7. EXCLUSION OF WARRANTY. TENSHON AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. TENSHON AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. TENSHON WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE TENSHON COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Tenshon may make additions, deletions, or modifications to the Information at any time without any prior notification.
8. LIMITATION OF LIABILITY. TENSHON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THIS WEBSITE. IN NO EVENT SHALL TENSHON OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON PERFORMANCE BY TENSHON OR ANY THIRD-PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
9. INDEMNIFICATION. You shall defend and indemnify Tenshon and any third-party providers and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.
11. PRODUCTS AND SERVICES AVAILABILITY. Reference to any product or service on the website does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available. Tenshon manages all or portions of the website from Arizona, in the United States of America. We in no way imply that the materials on the website are appropriate or available for use outside of the United States and we may not be able to fill your order if you require shipping outside of the United States.
12. COLORS. Tenshon attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
13. WARRANTY OF MANUFACTURED GOODS. ALL ONLINE SALES ARE FINAL. If you receive a damaged or defective item, please see our Warranty Policy below.
a. Tenshon, an Arizona Limited Liability Company ("Manufacturer"), warrants the work ("Work") to the original Buyer ("Buyer") against faulty workmanship and defects for labor performed by Manufacturer, and defective materials manufactured by manufacturer, as follows: (i) for shade fabric, stitching and thread, 1 year after completion of the Work, material only, and (ii) for posts, hardware and other materials other than shade fabric, stitching and thread, 1 year after completion of the Work, labor and materials.
b. In order for Buyer’s warranty claims to at any point be considered valid or binding, they must: (i) be made in writing, submitted to Manufacturer via USPS registered mail, addressed to Manufacturer’s address listed on this Agreement, (ii) be specific and include detailed documentation as to the claim, conditions surrounding the claim and the cause. To satisfy this requirement, documentation is defined as, but not limited to, photographs, a written statement from the Buyer and physical samples of the defect, if applicable. Submitted claims must be submitted as soon as practicably possible, but not later that 15 business days following the first appearance of a claimed warranty defect in the materials. Claims submitted after this timeframe will be void and outside this warranty agreement. Such claims will thereafter become the full responsibility, monetary or otherwise, of the Buyer.
c. A Warranty claim is effective only if Buyer has paid all sums due under, and as provided in, this Agreement. Manufacturer's liability under the warranty is limited to the specific monetary portion of the Agreement to which the defect can be attributed (i.e. shade fabric to shade fabric, steel to steel, hardware to hardware, etc.) and never in excess of the total amount of the Agreement price less taxes. Manufacturer's liability for warranty claims made regarding UV degradation are limited to the actual cost of the fabric to the Manufacturer and not the total shade fabric or shade sail cost incurred by the Buyer.
d. Manufacturer's warranty does not cover: (i) Variations in the color of the shade fabric, normal wear and tear, fading of fabric or paint color, rusting on posts or hardware, and replacement or repair of materials supplied by Buyer. (ii) Damage to the Work arising in whole or in part by events or conditions beyond Manufacturer's control, including the effects of: Acts of God (including, but not limited to, hail, snow, lightning and winds in excess of rated capacity); expansion, contraction, settling or other shifting of soils in which posts are installed; vandalism, neglect, accidents, abuse or misuse, contact by heavy or sharp items with posts or shade fabric; barbeque smoke, fire, flame, heat from fire or any source, abrasive substances or corrosive chemicals such as swimming pool chemicals, chemical fumes, lighter fluid and petroleum products. (iii) Failures or insufficiencies in preparation of metal or wood poles or components for powder coat, paint, or finish of any kind (iv) Defects or insufficiency in applied powder coat, paint or finish of any kind. (v) Minor variation in shade sail or panel sizing up to 3 % of Manufacturers intended side lengths. (v) Buyer’s error(s) or discrepancies in measurements they supply to Manufacturer. (vi) Buyer’s use of the goods contrary to supplied engineering or Manufacturer’s recommendations whether verbal or written in any manner. (vii) Buyer’s or Buyer’s representative’s failure to properly follow engineering, installation instruction, or design during install or any phase of construction.
e. Warranty shall be void upon any subsequent repair, modification, alteration, addition to, or removal of, all or any portion of the Work by anyone other than Manufacturer. Manufacturer's warranty repairs: (i) may not match surrounding or existing color, shade, pattern or texture; and (ii) shall consist of spot repair, or full or partial replacement of materials, or other repair, in any event as determined by Manufacturer in its sole discretion.
f. If a valid warranty claim is made and Manufacturer agrees to some form of mitigation, as detailed above, Buyer will be responsible for: (i) removal of the damaged portion (i.e. membrane, hardware, etc.), (ii) shipping of the damaged portion to Manufacturers facility, (iii) return shipping back to Buyer upon completion of the repair, and (iv) reinstallation of the product. Buyer will have 15 business days to respond, via USPS registered mail, to Manufacturer’s proposed mitigation. Failure to respond in this timeframe will void this warranty in its entirety and nullify all proposed solutions. At that time, any future repairs, alterations, or corrections shall become the full responsibility, monetary or otherwise, of Buyer. If a claim is deemed appropriate and correct by Manufacturer, or as a matter of law, the repair or replacement shall not constitute a new design, size, color, quantity or any change from the original Agreement except, as it shall correct the original defect through the above course of action.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND BUYER HEREBY WAIVES AND RELEASES MANUFACTURER FROM ANY SUCH WARRANTIES.
14. PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a supplier, or any other reason, we shall have the right to refuse or cancel any order placed for such product or service at the incorrect price, even if the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the charge.
15. ORDER ACCEPTANCE. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or for no reason at all. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any product or service. We may require additional verifications or information before accepting any order.
16. SALES TAX. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Arizona. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
18. PAYMENT. You are responsible for any payments due for any products or services ordered through your account. If we do not receive payment from your credit card issuer or its agents, you agree to pay all amounts due to us. You shall also be responsible for any costs of collection for overdue payments.
19. RELATIONSHIP. Your use of this website is independent of Tenshon and not as an employee, agent, partner, or joint-venture with Tenshon for any purpose. We will permit our independent sales representatives to access portions of this website.
20. GOVERNING LAW. This Agreement and its performance shall be governed by the laws of the State of Arizona, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of Arizona, United States of America, in all questions and controversies arising out of your use of this website and this Agreement.
21. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
23. ADDITIONAL TERMS. Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other terms and conditions.
24. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
25. HEADINGS. The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
26. ENTIRE AGREEMENT. These terms and conditions, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.
27. DIGITAL MILLENNIUM. Copyright Act Agent. Tenshon respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
27. DIGITAL MILLENNIUM. (cont'd) Your address, telephone number, and email address; A description of the copyrighted work that you claim has been infringed; A description of where the alleged infringing material is located; A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
HOW TO CONTACT US?
If you have any comments or questions, please do not hesitate to contact us at the phone number above or write us at the address provided.