Terms & Conditions

E-STORE TERMS and Conditions for Access and Use of TENNA E-STORE

Effective Date: January 16, 2025

These TENNA E-STORE Terms and Conditions (“E-STORE TERMS”) govern the relationship and form part of the agreements between you or your corporate entity (the “User”) and TENNA LLC (“TENNA”) as to User’s use of and access to the TENNA E-STORE accessible at https://store.tenna.com/. The TENNA E-STORE is one of the “Sites” referenced in and covered by the Terms of Use (“TENNA WEBSITE TERMS OF USE”) provided at the TENNA website at www.tenna.com (“TENNA Website”), which terms and conditions also apply to the TENNA E-STORE, and which terms and conditions are incorporated by reference fully into these E-STORE TERMS. Unless otherwise stated herein, defined terms shall have the same meaning in these E-STORE TERMS as in the TENNA WEBSITE TERMS OF USE; otherwise, defined terms set forth in these E-STORE TERMS shall have the meanings set forth herein.

The hardware devices and products (“Products”) available for selection, sale or advertised on or at the TENNA E-STORE or otherwise provided by TENNA, as well as the services (“Services”) (which may include one or more mobile applications) provided by TENNA, are also covered by the TENNA WEBSITE TERMS OF USE.

If you are agreeing to these E-STORE TERMS not as an individual User, but in a representative capacity on behalf of an entity User, then where the context admits, “User” means the entity you represent, and you are binding yourself and the entity that you represent to these E-STORE TERMS and warrant to TENNA that you have the authority to do so. (If you represent a federal, state or local government agency, please Contact Us.) TENNA may modify these E-STORE TERMS of Use from time to time, subject to the provisions of Section 12 (CHANGES TO E-STORE TERMS) below.

NOTICE: The TENNA E-STORE is only for use by User’s who have an existing, valid and unexpired account that is in good standing with TENNA (an “ACTIVE TENNA ACCOUNT”). Please Contact Us if you have questions regarding the status of your account(s) with TENNA.

By logging into, accessing and/or using the TENNA E-STORE, or by otherwise indicating acceptance, User indicates User’s agreement to be bound by these E-STORE TERMS of Use and TENNA’s Privacy Policy.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17 (ARBITRATION AND CLASS ACTION WAIVER) BELOW, USER AGREES THAT ALL DISPUTES BETWEEN USER AND TENNA WILL BE RESOLVED EXCLUSIVELY BY BINDING, INDIVIDUAL ARBITRATION AND, FURTHER, THAT USER WAIVES USER’S RIGHT TO BRING OR RESOLVE ANY DISPUTE AS, OR TO PARTICIPATE IN, A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR ARBITRATION.

 

User represents and warrants to TENNA that:

  • User is at least 18 years of age or older;
  • All registration, payment, and account information User submits is complete, accurate and truthful;
  • User will maintain the completeness, accuracy and truthfulness of such information by updating TENNA promptly if any such information changes;
  • User is legally permitted to use and access the Products and takes full responsibility for User’s selection, use of, and access to the Products; and
  • User has a valid, active and unexpired ACTIVE TENNA ACCOUNT.
  1. USE OF TENNA E-STORE; LIMITATIONS:

Only Users that are existing customers of TENNA having an ACTIVE TENNA ACCOUNT that allows for or otherwise permits use of and ordering through the TENNA E-STORE are permitted to login, use and/or access the TENNA E-STORE.

  • NOTE: Not all accounts with TENNA may provide for access to, or allow use or ordering through, the TENNA E-STORE. This may be due to, but may not be limited to, for example, contract special terms or edits, pricing adjustments, scope changes, third-party party contract financing, etc. If you have any questions, please contact your account manager or contact support at help@tenna.com.

A User having an ACTIVE TENNA ACCOUNT is permitted to access and order any Products and Services within the User’s existing contract or subscription with TENNA, as well as any consumables or accessories associated with or related to such Products and Services (“Accessories”). For any questions regarding such limitations, or to expand User’s access to TENNA Products or Services, User should contact their account manager or contact support at help@tenna.com.

Any person attempting to login, use and/or access, or logging in, using and/or accessing, the TENNA E-STORE in a representative capacity on behalf of an entity User represents, affirms, agrees and acknowledges that: (i) such person has valid authority from the entity User to use and/or access, or log in to the TENNA E-STORE on behalf of the entity User; (ii) such person is acting within the scope of authority granted by such User entity; (iii) such person is bound by these Terms to the same extent as the entity User; and (iv) to the extend TENNA has any questions or inquiries relating to such person’s login, use and/or access of or to the TENNA E-STORE, such user shall supply TENNA with a valid e-mail address for such questions or inquiries, and shall provide answers to TENNA on behalf of said entity User.

Any person or entity attempting to login, use and/or access, or logging in, using and/or accessing, the TENNA E-STORE who is not an existing customer of TENNA having an ACTIVE TENNA ACCOUNT is not permitted to login, use and/or access the TENNA E-STORE, and any such login, use and/or access is a violation of these E-STORE TERMS.

  1. REGISTRATION AND SECURITY:

As a condition of accessing and using the TENNA E-STORE, User will be required to provide the e-mail address associated with their ACTIVE TENNA ACCOUNT and TENNA User ID in order to validate User’s access to and use of the TENNA E-STORE.

User shall provide registration information (e.g., first name, last name, email, and phone number) in order to generate a separate password to create a TENNA E-STORE ACCOUNT. Once User creates User’s TENNA E-STORE ACCOUNT, they will receive an email from store@store.tenna.com to validate User’s TENNA E-STORE ACCOUNT.

User shall provide TENNA with accurate, complete, and updated registration information in connection with User’s TENNA E-STORE ACCOUNT. Failure to do so shall constitute a breach of these E-STORE TERMS, which may result in termination of User’s TENNA E-STORE ACCOUNT following written notice of the need for updated information and a thirty (30) day cure period. To the extent a person is acting in a representative capacity on behalf of an entity User, such person agrees, confirms, represents and certifies that such person has authority to act on behalf of the entity User in connection with any information provided in connection with the registration process.

User is solely responsible for ensuring and maintaining the secrecy and security of User’s User ID, User name, email address, login credentials and passwords (“Credentials) for User’s TENNA E-STORE ACCOUNT, and for maintaining the secrecy and security of any other account or website through which User accesses the TENNA E-STORE. User must ensure that all TENNA E-STORE ACCOUNT Credentials are kept confidential and, to the extent that a TENNA E-STORE ACCOUNT information is disclosed, intentionally or inadvertently, TENNA accepts, and shall have, no liability therefor. TENNA may disable User’s TENNA E-STORE ACCOUNT access in TENNA’s sole discretion without notice or explanation if User is in breach of these E-STORE TERMS or any other terms and conditions applicable to User’s accounts with TENNA, or if TENNA deems the TENNA E-STORE at risk of compromise or fraud. TENNA will provide notice of breach and a cure period, in its sole discretion and if commercially practicable. In the event User’s TENNA E-STORE ACCOUNT information and/or Credentials are compromised, lost, or stolen, it is User’s responsibility to immediately Contact TENNA.

Access to the TENNA E-STORE is personal to User and restricted to Users with a valid ACTIVE TENNA ACCOUNT. When these E-STORE TERMS have been accepted and agreed to by the User, the password that the User creates will thereafter be activated to enable User to access the TENNA E-STORE in association with those Products and Services that User has rights to purchase via any agreements with TENNA, along with related Accessories.

TENNA reserves the right to validate User information at any time, including but not limited to validation against third-party databases or the verification of one or more government-issued identifiers or other documents that confirm the User’s identity. User hereby authorizes TENNA, directly or through third parties, to make any inquiries necessary to validate User’s identity and confirm User’s ownership of its email address or financial accounts, subject to applicable law. Failure to provide information about User and User’s business operations when requested by TENNA or any agent of TENNA is a violation of these E-STORE TERMS.

User may not (i) use the Credentials of another person or entity with the intent to impersonate that person in order to gain access to the TENNA E-STORE ACCOUNT for any purpose; (ii) use or access the  TENNA E-STORE for any purpose without appropriate authorization; (iii) use or access the  TENNA E-STORE for any purpose other than those permitted by these Terms or the TENNA WEBSITE TERMS OF USE; or (iv)  provide another person or entity a TENNA User ID and/or Credentials for any purpose other than those permitted by these E-STORE TERMS or the TENNA WEBSITE TERMS OF USE.

TENNA reserves the right to disable a User or TENNA E-STORE ACCOUNT at TENNA’s commercially reasonable discretion if reasonably determined by TENNA that any of User’s Credentials are compromised in any way. User shall be responsible for maintaining the confidentiality of User’s Credentials. User agrees that User shall only use TENNA E-STORE ACCOUNT owned by User, and not by any other person or entity. User must also update User’s information so that TENNA may send notices, statements and other information to User by email or through User’s TENNA E-STORE ACCOUNT. User is responsible for all actions taken through User’s TENNA E-STORE ACCOUNT with TENNA.

To the extent a person is acting in a representative capacity on behalf of an entity User, such person agrees, confirms, represents and certifies that such person has authority to act on behalf of the entity User in connection with any relevant TENNA E-STORE ACCOUNT Credentials.

  1. GRANT OF LICENSES:

In exchange for full compliance with these E-STORE TERMS and the TENNA WEBSITE TERMS OF USE, TENNA hereby grants User a nonexclusive, nontransferable, limited license (the “License”) to use and access the TENNA E-STORE, for User’s internal business needs only. If User is an entity User, then User is responsible for the acts and omissions of all individuals that it authorizes to access User’s TENNA E-STORE ACCOUNT, except to the extent those acts or omissions arise due to TENNA’s negligence or willful misconduct.

  • User acknowledges that:
    • All right, title and interest in and to the TENNA E-STORE and the software related thereto, including all Content (as defined herein) included therewith or displayed thereby, and all patents, copyrights, trade secret rights, trademarks, trade names and other intellectual property, proprietary, and moral rights embodied therein or associated therewith, are and shall remain with TENNA and/or its licensors;
    • The TENNA E-STORE, associated software and the related Content are protected by the copyright laws of the United States and treaties to which the United States is a party, as well as other intellectual property laws and treaties;
    • The TENNA E-STORE, associated software and the related Content separately and together embody valuable confidential and secret information of TENNA and/or its licensors, the development of which required the expenditure of considerable time and money; and
    • No rights or licenses to the TENNA E-STORE, associated software and the Content related thereto are granted except as expressly set forth in these E-STORE TERMS.
  • User:
    • Shall not intentionally disclose, export, or provide any portion of the TENNA E-STORE, associated software and the related Content to any person, natural or corporate, or use the TENNA E-STORE or Content other than as expressly permitted by these E-Store terms or the TENNA WEBSITE TERMS OF USE;
    • Shall take all reasonable precautions to prevent unauthorized or improper use or access to the TENNA E-STORE;
    • Acknowledges and agrees that the TENNA E-STORE requires access to and use of the Internet and that the Internet is an unregulated public network over which TENNA exerts no control; and
    • Shall not:
      • Copy, modify or create derivative works or improvements of the TENNA E-STORE, associated software and the Content related thereto;
      • Reverse engineer, disassemble, decompile, decode, adapt or otherwise attempt to derive or gain access to the source code of the TENNA E-STORE, associated software and the Content related thereto, in whole or in part;
      • Bypass or breach any security device or protection used by the TENNA E-STORE, associated software and the Content related thereto;
      • Input, upload, transmit or otherwise provide to or through the TENNA E-STORE, associated software and the Content related thereto any information or materials that are unlawful or injurious, or contain, transmit or activate any harmful or malicious code, virus, worm, or similar device;
      • Damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the TENNA E-STORE, associated software and the Content related thereto;
      • Remove, delete, alter or obscure any trademarks, documentation, warranties or disclaimers, or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the TENNA E-STORE, associated software and the Content related thereto;
      • Access or use the TENNA E-STORE, associated software and the Content related thereto other than as expressly permitted by these E-STORE TERMS; or
      • Otherwise access or use the TENNA E-STORE, associated software and the Content related thereto beyond the scope of these E-STORE TERMS or any permissions provided to User.
  1. BILLING, INVOICES AND PAYMENTS:
  • User acknowledges that use of or orders placed through the TENNA E-STORE may or will (should any orders be placed) result in fees and other amounts and charges, including, but not limited, recurring and subscription fees and other amounts and charges in connection with User’s agreement(s) and/or subscription(s) with TENNA. User agreed to pay all such fees and other amounts and charges incurred as a result of use of or orders placed through the TENNA E-STORE as and when due without holdback or setoff of any kind, including, but not limited to, any and all payments for invoice or subscription amounts generated or resulting from any orders placed through the TENNA E-STORE. User acknowledges and agrees that User is responsible for all fees and other amounts and charges, including, but not limited to, all fees and other amounts and charges related to recurring charges or subscriptions for the relevant term or duration of such recurring charges or subscriptions.
  • User acknowledges that user may be billed or invoiced subsequent to use of or orders placed through the TENNA E-STORE, and that User will be responsible for all fees and other amounts and charges billed or invoiced.
  1. DATA:
  • Definitions:
    • “User-Identifiable Data” means data and information pertaining to User and/or the equipment assets of User that are input into the TENNA E-STORE, whether by User directly or indirectly.
    • “Third Party-Provided User Data” means data and information pertaining to User and/or the equipment assets of User that third party sites or services provide to TENNA, whether by agreement, license, permission, or otherwise.
    • “TENNA Data” means data and information pertaining to User and the equipment assets of User that are generated, calculated, analyzed, stored, or otherwise manipulated or managed by TENNA and/or its licensors on behalf of User. TENNA Data may be derived from User-Identifiable Data and/or Third Party-Provided User Data.
    • “Aggregate Data” means:
      • User-Identifiable Data,
      • Third Party-Provided User Data,
      • TENNA Data, and/or
      • Other data and other information relating to the provision, use and performance of the Services or those services or applications of TENNA’s licensors or that is transmitted through the Services or those services or applications of TENNA’s licensors (collectively, “Other Data”),
      • TENNA’s services including but not limited to integrations to other third-party systems, for example; ViewPoint Vista, AEMP, OEM, mapping and other data feeds as part of the services,

that is de-identified and anonymized, aggregated, and recorded or stored by TENNA and/or its licensors.

  • For clarity, User-Identifiable Data does not include Third Party-Provided User Data or TENNA Data. TENNA stores User-Identifiable Data, Third Party-Provided User Data, TENNA Data, and/or Other Data on a rolling six (6) months’ basis.
  • As between User and TENNA, TENNA owns all right, title and interest in and to User-Identifiable Data (excluding “personal information”, “personal data” or “personally identifiable information”, as such terms are defined under applicable law, the rights to which are owned by the individual to whom such information pertains), TENNA Data and Aggregate Data, free of any restriction or encumbrance of any kind or nature whatsoever. TENNA shall not disclose User-Identifiable Data to third parties without the permission of User. TENNA’s use of “personal information”, “personal data” or “personally identifiable information” is subject to and governed by the terms of its Privacy Policy found at www.tenna.com. User represents and warrants that it has the right to provide such “personal information”, “personal data” or “personally identifiable information” to TENNA for the uses and licenses contemplated hereunder.
  • TENNA hereby grants to User a nonexclusive, nontransferable, limited, subscription license to use and access the User-Identifiable Data and the TENNA Data in connection with User’s license to use and access the TENNA E-STORE, for User’s internal business needs only, consistent with these E-STORE TERMS and the terms of User’s Order(s) for TENNA Products and Services.
  • In connection with its exercise of its license to use and access the TENNA E-STORE, User may under the applicable subscription use the TENNA E-STORE to access Third Party-Provided User Data that has been integrated into the TENNA E-STORE. In some instances, to access Third Party-Provided User Data User must first enter into TENNA access credentials granted by those providers. By entering those access credentials, User represents and warrants that:
    • User has the full right and authority to enter those access credentials and to access and use the services offered by the provider(s), and
    • User’s access to and use of Third Party-Provided User Data for integration within the TENNA E-STORE is authorized and is permitted by the provider(s).
  • User hereby grants to TENNA a license to access, integrate within the TENNA E-STORE, and use, sell, reproduce, publicly display, publicly perform, prepare derivative works upon, distribute, sublicense, and translate any and all Third Party-Provided User Data. This license is nonexclusive, worldwide, fully paid, royalty-free, perpetual, irrevocable, sub-licensable, and transferable. Under this license, without limiting the generality of the foregoing, TENNA may fully use and exploit Third Party-Provided User Data in providing it to User within the features and functionality of the Products and Services, whether by using it to derive TENNA Data or otherwise, and may de-identify, anonymize, and aggregate Third Party-Provided User Data with Third Party-Provider User Data of other users and/or with Aggregate Data without accounting for any such use or exploitation. TENNA shall not disclose Third Party-Provided User Data that has not been de-identified, anonymized, or aggregated to third parties without the permission of User.
  1. CONTENT:
  • Definitions:
    • “Content” means any and all materials displayed or provided on the Site or with respect to the TENNA E-STORE, including, but not limited to text, graphics, articles, photographs, video (with or without audio), images, recordings, illustrations, music, and spoken word. Content includes Content that is submitted by TENNA and its licensors and suppliers as well as User Submissions, User Generated Content, and End User Content.
    • “User Submissions” is Content that is submitted by User.
    • “User Generated Content” means Content produced through User’s use of the Products, including without limitation photographs and images captured by the Products.
    • “End User Content” is Content that is submitted by end users of the TENNA E-STORE other than User.
  • TENNA hereby grants to User a nonexclusive, nontransferable, limited license to access and review Content that is not a User Submission and to post, access, review, and edit User Submissions via the TENNA E-STORE.
  • By posting User Submissions, User hereby grants to TENNA a nonexclusive worldwide, fully paid, royalty-free, perpetual, irrevocable, sub-licensable, and transferable license to use, reproduce, copy, display, publish, distribute and otherwise exploit User Submissions without accounting for any such use or exploitation.
  • As between TENNA and User, all right, title and interest in and to User Generated Content is and remains with TENNA and, to the extent remaining with User, User hereby assigns all such right, title and interest to TENNA. User further hereby knowingly and voluntarily waives any and all rights of publicity and privacy with respect to TENNA’s use and distribution of User Generated Content and any and all rights to any royalties or other benefits derived from such use and distribution. User agrees to execute and deliver any further agreement or instrument TENNA may request to further document and perfect such assignment, right and waiver. This clause does not apply and is void as to a User that is a branch or agency of the United States government or of the government of any state or territory within the United States.
  • Content may be protected by copyright. User shall abide by all copyright notices, trademark notices, information, and restrictions contained in any Content accessed through the TENNA E-STORE , and User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content that is not a User Submission (i) without the express prior written consent of its owner and (ii) in any way that violates any third party right.
  • Unauthorized use of any Content contained on this TENNA E-STORE may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or other regulations and statutes. If User believes or becomes aware that any of the Content infringes on any third party’s intellectual property rights, User shall notify TENNA promptly at the address provided below. Except as expressly provided herein, TENNA and its licensors reserve all rights with respect to the Content that do not constitute User Submissions or End User Content and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations, including but not limited to the right to terminate accounts of User.
  • User warrants, represents and agrees that no User Submission is, does or shall:
    • Infringe or violate the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of TENNA or any third party;
    • Violate any law, statute, ordinance or regulation;
    • Be harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, or otherwise objectionable;
    • Impersonate any person or entity, including without limitation any employee or representative of TENNA;
    • Contain a virus, Trojan horse, worm, time bomb, or other harmful or malicious computer code, file, or program; or
    • Violate or by means of its posting constitute a breach of any agreement or obligation User may have with or to a third party.
  • TENNA reserves the right to remove any Content from the TENNA E-STORE at any time, for any reason or for no reason at all. User, not TENNA, remains solely responsible for all User Submissions and User warrants that User possesses all rights necessary to provide such User Submissions to TENNA and to grant TENNA the rights to use such information as provided herein.
  1. LIMITATION OF LIABILITY:

WITH THE EXCEPTION OF ANY STATUTORY WARRANTY OR REMEDY THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW,

  • IN NO EVENT WILL TENNA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE TENNA E-STORE, ANY CONTENT, OR THE PRODUCTS OR SERVICES, REGARDLESS OF WHETHER THEY HAVE BEEN INFORMED OF SUCH DAMAGES, AND
  • TENNA AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY THEORY FOR LOST, CORRUPTED OR INACCURATE DATA OR PROCUREMENT OF SUBSTITUTE PRODUCTS, TECHNOLOGIES, OR SERVICES, FOR ANY BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, OR LOSS OR CORRUPTION OF INFORMATION OR DATA, OR FOR ANY MATTER BEYOND TENNA’S REASONABLE CONTROL.

IN NO EVENT SHALL TENNA’S LIABILITY TO USER IN RESPECT OF ANY CLAIM PERTAINING TO THE PRODUCTS EXCEED THE AMOUNT PAID IN RESPECT OF THE PRODUCTS IN QUESTION, DEPRECIATED OVER THE USEFUL LIFE OF THE PRODUCTS. IN NO EVENT SHALL TENNA’S LIABILITY TO USER IN RESPECT OF ANY CLAIM PERTAINING TO THE SERVICES EXCEED THE AMOUNT PAID IN RESPECT OF THOSE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM. IN NO EVENT SHALL TENNA’S LIABILITY TO USER IN RESPECT OF ANY OTHER CLAIM, INCLUDING WITHOUT LIMITATION ANY CLAIM PERTAINING TO THE TENNA E-STORE OR ANY CONTENT, EXCEED US $500 IN THE AGGREGATE. THE FOREGOING LIMITATIONS SHALL NOT APPLY WITH RESPECT TO PERSONAL INJURY.

  1. INCORPORATION OF TENNA WEBSITE TERMS OF USE
  • Without limiting any provision of these E-STORE TERMS, the following provisions of the TENNA WEBSITE TERMS OF USE are incorporated by reference as if set forth herein, and apply to, among other items or matters, User’s login to, use of and/or access to the TENNA E-STORE:
    • Section 5 (RESTRICTIONS)
    • Section 6 (FEES)
    • Section 7 (CHANGES TO THE PRODUCTS AND THE SERVICES)
    • Section 8 (LIMITATIONS ON USE OF PRODUCTS; NOT FOR EXPORT)
    • Section 9 (LIMITED WARRANTY)
    • Section 11 (TRADEMARKS)
    • Section 12 (INTERACTION WITH THIRD PARTIES)
    • Section 15 (FINANCED ACQUISITION OF PRODUCTS AND SERVICES)
  • In the event of any conflict between the E-STORE TERMS and the TENNA WEBSITE TERMS OF USE, the terms most favorable to TENNA shall control.
  1. TERM / TERMINATION:
  • The E-STORE TERMS shall remain in full force and effect so long as Use has an ACTIVE TENNA ACCOUNT (the “Term”). User may terminate User’s use of the TENNA E-STORE or the TENNA E-STORE at any time and shall be responsible for the balance of all fees due for any Order(s) made during the term of these E-STORE TERMS. Without  limiting any other terms, clauses, or provisions of any agreement between User and TENNA, TENNA may terminate or suspend access to the TENNA E-STORE  immediately, without the need for notice, if User breaches any of E-STORE TERMS or any other document or agreement with TENNA, including without limitation the TENNA WEBSITE TERMS OF USE, or payment terms in respect of the Products and/or Services. Upon termination of User’s ACTIVE TENNA ACCOUNT or E-Store Account by User or by TENNA, User’s right to use and/or access the TENNA E-STORE and any Content will immediately cease, but User remains obligated to make payments in respect of such Products, Services, and Content for the remaining Term of the applicable Order(s) and any Addenda thereto. All provisions of the E-STORE TERMS that, by their nature, should survive termination, shall survive termination, including provisions pertaining to indemnity and limitations of liability.
  • TENNA does not provide or otherwise make available to User data or information of any kind, including without limitation User-Identifiable Data, TENNA Data, Third Party-Provided User Data, or User Submissions, on or after termination or expiration of the Term. User’s access to and use of User-Identifiable Data, TENNA Data, Third Party-Provided User Data, and User Submissions during the Term is available only while User is permitted to use and/or access the TENNA E-STORE.
  1. MISCELLANEOUS:

These E-STORE TERMS, together with the TENNA WEBSITE TERMS OF USE, Order(s), policies and other documents detailed in any of the foregoing, constitute the entire agreement between User and TENNA in relation to User’s use of the TENNA E-STORE, and supersede all previous agreements in respect of User’s use of the TENNA E-STORE  and access to the Products, and both parties agree that those form the complete and exclusive statements of the mutual understandings of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the E-STORE TERMS. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. TENNA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond TENNA’s reasonable control. If any provision of the E-STORE TERMS are found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the E-STORE TERMS shall otherwise remain in full force and effect and enforceable. The E-STORE TERMS are not assignable, transferable or sub-licensable by User except with TENNA’s prior written consent. TENNA may transfer, assign or delegate obligations in connection with the E-STORE TERMS and its rights and liabilities without the consent of any party. No agency, partnership, joint venture, or employment is created as a result of the E-STORE TERMS and User does not have any authority of any kind to bind TENNA in any respect whatsoever. No person or entity not a party to the E-STORE TERMS will be deemed to be a third-party beneficiary hereof.

  1. DISPUTE RESOLUTION:

These E-STORE TERMS shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to conflict of laws provisions thereof, and any disputes relating to these E-STORE TERMS will be resolved by binding arbitration pursuant to Section 11 below. The provisions of the United Nations Convention for the International Sale of Goods are hereby waived and disclaimed. EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ITS RIGHT TO A JURY TRIAL OF ANY CLAIM OR CAUSE OF ACTION BASED UPON OR ARISING OUT OF THIS AGREEMENT OR ANY DEALINGS BETWEEN THE PARTIES HERETO RELATING TO THE SUBJECT MATTER HEREOF.

  1. ARBITRATION AND CLASS ACTION WAIVER; LIMITATIONS ON CLAIMS:
  • Excluding claims for injunctive or other equitable relief, any dispute or controversy arising out of or relating to the E-STORE TERMS, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of these E-STORE TERMS, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated or litigated on a class action basis. The arbitration shall take place in Wilmington, Delaware or at the option of the party seeking relief, online, by telephone, or via written submissions alone, and be administered by JAMS. The arbitral tribunal (“Tribunal”) shall be composed of one arbitrator, who shall be independent and impartial. If the parties fail to agree on the appointment of the arbitrator within twenty (20) calendar days after the initiation of arbitration hereunder, JAMS shall appoint the arbitrator. The arbitration shall be conducted in the English language. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party.
  • In connection with any claims User may have pertaining to the E-STORE TERMS or the TENNA E-STORE, User agrees to assert such claims solely against TENNA and its successors and assigns and hereby waives and agrees to not assert such claims against TENNA’s parent, subsidiaries, or affiliates, or their respective officers, directors, employees, members, managers, agents, attorneys, investors, and successors and assigns.
  1. CHANGES TO E-STORE TERMS: 

TENNA reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of these E-STORE TERMS or the TENNA WEBSITE TERMS OF USE, including any referenced policies and other documents, at any time and without notice. It is User’s responsibility to check these E-STORE TERMS and TENNA WEBSITE TERMS OF USE periodically online for changes. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change. User’s continued use and/or access of the TENNA E-STORE following the posting of any changes to these E-STORE TERMS online constitutes acceptance by User of those changes.

  1. INTERPRETATION:

The Section headings of these E-STORE TERMS are for convenience of reference only, and shall not be considered or referred to in resolving questions of interpretation or construction. Whenever these E-STORE TERMS so require, the masculine gender includes the feminine and neuter, and the singular number includes the plural. The terms “hereof,” “herein,” “hereby,” “hereto,” and similar words refer to these entire E-STORE TERMS and not to any particular Section, Exhibit or any other subdivision of these E-STORE TERMS. The words “include” or “including” shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import. Whenever these E-STORE TERMS refer to a number of “days,” such number shall refer to calendar days unless business days are specified. Any reference to a “month” or a “year” shall be construed as a reference to a calendar month or year. In the event that an ambiguity or question of intent or interpretation arises, these E-STORE TERMS shall be construed as if drafted jointly by the parties hereto, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of these E-STORE TERMS.

  1. NOT AUTHORIZED TO DO BUSINESS IN EVERY JURISDICTION:

TENNA is not authorized to do business in every jurisdiction where the TENNA E-STORE  may be accessed. Information published on this TENNA E-STORE  may contain references or cross-references to Products and/or Services that are not available in the User’s state or country.

  1. COMPLIANCE WITH LAW; INDEMNITY:
  • User shall fully comply with the provisions of all applicable laws, codes, ordinances, rules, regulations, standards, orders and decrees of any governmental or quasi-governmental entity having jurisdiction (collectively, “Legal Requirements”). User agrees to indemnify and hold harmless TENNA, its parent, subsidiaries, and affiliates, and their respective officers, directors, employees, members, managers, agents, attorneys, investors, and successors and assigns against any and all claims, demands, losses, costs, damages, liabilities, settlements, judgments, awards, causes of action, fines, expenses (including without limitation expert witness and attorneys’ fees), penalties, or liability directly or indirectly arising out of third party claims alleging:
    • User’s access to and/or use of the TENNA E-STORE , the Content, the Products, or the TENNA E-STORE,
    • User’s violation of these E-STORE TERMS,
    • The infringement by User or any third party using User’s account of any intellectual property or other right of TENNA or any person or entity, and
    • User’s failure to comply with all applicable Legal Requirements.
  • This provision shall survive completion, termination or non-renewal of these E-STORE TERMS and the purchase of any Products or Services and shall apply notwithstanding the existence of any insurance or rights, benefits or defenses under worker’s compensation or other laws or notwithstanding active or passive negligence on the part of the party being indemnified by User and regardless of whether User is at fault or has breached its obligations hereunder.
  1. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING TENNA THAT USER SUBMISSIONS MAY HAVE BEEN INFRINGED BY THE TENNA E-STORE OR ANY CONTENT. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Pursuant to Title 17, U.S. Code, Section 512(c)(2), written notification must be submitted to the following Designated Agent:

Name of Agent Designated to Receive Notification of Claimed Infringement: Chief Operating Officer

Full Address of Designated Agent to Which Notification Should be Sent: 100A Union Square Drive, New Hope, PA 18938

Telephone Number of Designated Agent: (833) 50TENNA

To be effective, the Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TENNA to locate the material;
  • Information reasonably sufficient to permit the TENNA to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.