Introduction
Welcome to the Tavool® Stud Finder, Laser Level, Moisture Meter website (the “Site”). This Site is owned and operated by Tavool (“Tavool”, “we” “us” and “our”).
Please read these Terms and Conditions (“Terms”) carefully before using this Site. By accessing or using this Site, you agree to be bound by these Terms. If you do not agree to all of these Terms, do not access or use this Site.
These Terms constitute a legally binding agreement between you and Tavool regarding your access to and use of this Site. They govern your visit to and use of this Site and any purchase of products or services through this Site.
We may revise these Terms at any time by updating this page. Your continued use of this Site after a change has been posted constitutes your acceptance of the modified Terms. You should visit this page periodically to review the most current Terms.
Using Our Site
You must be at least 18 years of age to use this Site. By using this Site, you represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms.
This Site and its content are intended solely for users who are located in the United States. We make no representation that any products or services referred to on this Site are appropriate for use or available in locations outside of the United States. Accessing this Site from territories where contents or products sold on this Site are illegal is prohibited.
You may use this Site only for lawful purposes. You are solely responsible for ensuring that your use of this Site complies with all laws and regulations applicable in your jurisdiction.
We grant you a limited, revocable, and non-exclusive license to make personal, non-commercial use of this Site. This license does not include the right to use any data mining robots or other extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without our express written consent.
You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by Tavool terminate if you do not comply with these Terms.
We may terminate your access to or use of this Site at any time, for any reason, with or without notice to you. You will continue to be bound by these Terms after any such termination.
Intellectual Property Rights
All content on this Site, including text, graphics, logos, icons, images, audio clips, downloads, interfaces, and software, is the property of Tavool and/or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Tavool and protected by U.S. and international copyright laws.
The trademarks, service marks, and logos appearing on this Site are the property of Tavool or their respective owners. You do not acquire any ownership rights by using the trademarks and logos.
User Content
If you submit, upload, transmit, or otherwise make available any content or materials to this Site (“User Content”), you hereby grant Tavool a non-exclusive, perpetual, worldwide, irrevocable, sublicensable, transferable, royalty-free license to use, edit, modify, prepare derivative works based on, distribute, host, publicly perform, publicly display, reproduce, make, have made, sell, offer for sale, and import the User Content, including your name, picture, likeness, voice, biography and any other identifying information contained in your User Content.
You represent and warrant that: (i) you own the User Content you submitted or otherwise have the right to grant the license set forth above, and (ii) the use, copying, modification, distribution, display, or performance of the User Content, or any derivative works based on the User Content, does not and will not violate any law or infringe upon the rights (including intellectual property rights) of any third party.
We have no obligation to monitor, approve, verify, or prescreen any User Content you or others may submit. However, we reserve the right to do so and to edit, remove, or refuse to post any User Content at any time and for any reason. Under no circumstances will Tavool be liable for any loss or damage caused by your reliance on User Content provided on the Site.
Purchases and Payment Terms
You must be at least 18 years old to purchase products through this Site. By placing an order on this Site, you represent and warrant that you are at least 18 years old.
All prices are in U.S. dollars. We may revise prices at any time. The prices charged will be the prices displayed on this Site at the time the order is submitted. Prices do not include shipping costs or applicable taxes, which will be added during checkout.
Promotion codes must be entered at the time of checkout to apply any discount. Promotion codes are single-use only, non-transferable, cannot be resold, have no cash value, and cannot be used in conjunction with any other offer.
Payment can be made by credit card or other options offered during checkout. Acceptance of an order and completion of payment are required for purchase. Orders are not reserved until payment is complete.
You are responsible for ensuring the accuracy of your order. We will attempt to contact you to confirm order details, but reserve the right to cancel orders or refund amounts to the original form of payment in cases of inaccurate or incomplete orders.
All sales are final. Please review your order carefully before completing payment. We do not accept returns or provide refunds on completed orders, except as required by law.
Sales tax will be charged according to applicable state and local tax rates. As a consumer, you are solely responsible for these taxes. Estimated sales tax will be shown during checkout but the final amount charged will be based on your shipping location.
Shipping charges will be shown prior to checkout based on your shipping address. You are responsible for all shipping costs.
We reserve the right to discontinue products or modify product prices without notice. We cannot confirm the price or availability of an item until you place your order.
We take reasonable efforts to provide accurate product images and descriptions, but variations may occur. The images, colors, sizes, and specifications are provided as a guide only. The items you receive may differ.
Our Site contains links to other websites operated by third parties. We have no control over products or services provided by other sites. You access these sites at your own risk.
Returns due to damage during shipment must be reported within 3 business days of receipt. Contact us within 3 business days of receiving a damaged product to report the issue and receive a return label. Products must be returned in original condition.
All sales are final, but defective or damaged products may be eligible for warranty service. Contact us for issues related to defects in materials and workmanship.
We make no warranties, express or implied, beyond our standard 30-day money back guarantee. To the fullest extent permitted by law, we disclaim any other warranties, guarantees, or representations, express or implied, including warranties of fitness for a particular purpose and merchantability.
Disclaimer of Liability
Your use of this Site is at your own risk. The materials and services provided through this Site are provided on an “as is” and “as available” basis without warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all express and implied warranties including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We are not liable for damages arising from use of this Site. To the fullest extent permitted by law, in no event shall Tavool or its officers, directors, employees, members, agents, or content or service providers be liable to any person or entity for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages arising out of the use access of, or inability to use or access, this Site or any content, products, services, materials, information, or functions provided on this Site.
We are not liable for unauthorized access to our Site or your account. We will use reasonable efforts to safeguard the confidentiality of your personal information but will not be liable in any way in the event of any unauthorized access to the Site or your account or for any loss or damages caused thereby.
Indemnification
Upon request, you agree to defend, indemnify, and hold harmless Tavool, its officers, directors, employees, members, agents, and partners from and against any third-party claims, damages, liabilities, costs, and expenses including reasonable attorney fees, arising out of: (i) your access to or use of this Site; (ii) your violation of these Terms; (iii) your violation of applicable law or regulation; or (iv) your User Content. Tavool reserves the right, at its own expense, to assume the exclusive defense and control of any action subject to indemnification hereunder.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Dispute Resolution and Governing Law
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Tavool and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any products sold or distributed through the Site, or to any aspect of your relationship with Tavool will be resolved by binding arbitration, rather than in court. This Arbitration Agreement applies to you and Tavool, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, or, in the event the AAA is unwilling or unable to set a hearing date within one-hundred and sixty (160) days of filing the case, arbitration will be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its Comprehensive Arbitration Rules & Procedures and in accordance with the Expedited Procedures in those rules.
Arbitration Proceeding. The arbitration will be conducted by a single neutral arbitrator and will take place in the federal judicial district of your residence. The arbitrator will be selected in accordance with AAA’s rules. Payment of all filing, administration and arbitrator fees will be governed by AAA’s rules. The language of arbitration will be English. The arbitrator will decide the substance of all claims and will honor claims of privilege recognized at law. The arbitrator shall have the power to award to a party any damages provided for under applicable law. The arbitrator’s decision and award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration. Payment of all filing, administration, and arbitration fees will be governed by AAA’s rules, unless otherwise stated in this Arbitration Agreement. If the value of the relief sought is $10,000 or less, at your request, Tavool will reimburse you for all filing, administration, and arbitration fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Tavool for all fees associated with the arbitration paid by Tavool on your behalf that you otherwise would be obligated to pay under AAA’s rules.
Severability. If any part of this Arbitration Agreement is found to be illegal or unenforceable, the remainder will be given full force and effect.
Law and Forum for Legal Disputes. If neither party elects to arbitrate or if the dispute is brought in court notwithstanding this Arbitration Agreement, you agree that any action at law or in equity arising out of or relating to these Terms or the Site will be filed only in the state or federal courts located in Davidson County, Tennessee and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms or your use of the Site.
These Terms and your access to and use of the Site will be governed by and construed and enforced in accordance with the laws of the State of Tennessee without regard to conflict of law rules or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Termination
We reserve the right to terminate your access to and use of this Site at our sole discretion, for any reason, without notice to you, and without liability. Upon any such termination, the rights and licenses granted to you in these Terms will immediately cease.
Entire Agreement
These Terms constitute the entire agreement between you and Tavool regarding the subject matter hereof, and these Terms supersede and replace any prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Contact Us
If you have questions about these Terms or otherwise need to contact us, you can reach us online at [email protected].
You may also reach us by mail at:
Tavool
123 Main St.
Nashville, TN 37203
Effective Date
These Terms were last updated on March 1, 2023.
