Terms & Conditions

1. Binding Effect

This is a binding agreement between you and TNBI INC (“us,” “we,” or “Company”). By using the website located at Garisar.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to be bound by and to abide by these Terms of Use, as Company may amend them from time to time in its sole discretion. Amended Terms of Use are effective upon being posted. The Company provides notice on the Site regarding when these Terms of Use have been updated; it is your responsibility to review these Terms of Use periodically to ensure that you find them acceptable for your continued use of the Site. YOU AGREE THAT BY USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

2. Limited License

Subject to your compliance with these Terms of Use, Company hereby grants you a personal, non-transferable, and non-exclusive right and license to use the Site; provided, however, that you shall not copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant or entity; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited, or otherwise exploited for any commercial purpose without the express written consent of the Company.

3. Privacy Policy

The Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of the Company’s current Privacy Policy can be found at https://garisar.com/privacy-policy/. The Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.

4. You are not required to create an account to use the Site, but you may do so.

To establish an account to use the Site, you must complete the registration process by providing the complete and accurate information requested on the registration form. You will also be asked to provide a user name and password. You may not use the account, username, or password of someone else at any time. You are entirely responsible for maintaining the confidentiality of your password and for restricting third-party access to your computer. You agree to accept responsibility for all activities that take place under your account or password and that the Company shall not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge.

5. User Content

You grant Company a license to use the materials you post to the Site. By posting, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting the Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to publish, distribute, display, perform, transmit, or otherwise distribute such User Content.

6. Compliance With Intellectual Property Laws

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of the intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Content (collectively, “Content”) in violation of the Company’s or any third party’s copyrights, trademarks, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding ownership and use of the intellectual property. You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account.

7. Inappropriate Content

You shall not make the following types of Content available. You agree not to upload, display, perform, transmit, or otherwise distribute to the Site any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. The Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Site and, if applicable, delete any such material from its servers. The Company intends to cooperate fully with any law enforcement officials or agencies to investigate any violation of these Terms of Use or any applicable laws.

8. Copyright Infringement

The Company has specific procedures regarding allegations of copyright infringement occurring on the Site. The Company’s policy is to investigate any claims of copyright infringement brought to its attention and suspend and/or terminate the account of any user who is found to have infringed on the rights of the Company or of a third party or otherwise violated any intellectual property laws or regulations.

9. Alleged Violations

To ensure that Company provides a high-quality experience for you and other users of the Site, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other uses of the Site that are not authorized under these Terms of Use. The Company does not intend to disclose the existence or occurrence of such an investigation unless required by law. Still, Company does reserve the right to terminate your account immediately, with or without notice to you, if the Company believes that you have violated any of the Terms of Use, furnished the Company with false or misleading information, or interfered with the use of the Site or the Service by others. The Company is under no obligation to enforce these Terms of Use on your behalf against any third party or another site user.

10. No Warranties

THE COMPANY NOW DISCLAIMS ALL WARRANTIES. THE COMPANY MAKES THE SITE AND/OR SERVICE AVAILABLE “AS IS” WITHOUT A WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF OR INABILITY TO USE THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.

11. Limited Liability

THE COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY.

This limitation shall apply regardless of whether the damages arise from a breach of contract, tort, or any other legal theory or form of action.

12. Affiliated And/Or Third-Party Sites

The Company has no control over and liability for any third-party websites or materials. The Company may work with partners or affiliates whose Internet sites may be linked with the Site. Because Company has no control over the content or performance of other sites which may be linked to the Site, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on any other site.

13. Prohibited Uses

The Company imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

14.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES FROM ANY AND ALL THIRD PARTY CLAIMS, LOSSES, LIABILITY, DAMAGES, AND/OR COSTS (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING FROM YOUR ACCESS TO OR USE OF THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. THE COMPANY WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIABILITY, OR DEMAND.

15. Company’s Proprietary Rights

All content of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of the Company or its licensors and is protected by the U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading, or copying any Company Content or using the Site. Any use of Company Content or this Site other than for the express services provided is strictly prohibited. For example, copying, reproducing, modifying, distributing, transmitting, replicating, or publicly exhibiting Company Content is strictly prohibited.

16. The Brand

The logo, trade names, trademarks, and service marks (collectively the “Trademarks”) displayed on the Site are the registered and/or unregistered Trademarks of the Company or its third-party clients or collaborators and are protected under applicable trademark and other intellectual property laws. Nothing contained on the Site should be construed as granting any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your use of the Trademarks displayed on the Site, except as provided for in this legal notice, is strictly prohibited. By using the Site to request our goods or services, you grant the Company a limited license to display your Company’s Trademarks for the limited purpose of allowing the Company to show that your Company is a past or present client of the Company.

17. Copyright

18. Modifications

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or any Service provided in connection in addition to that, and (c) discontinue the Site and/or any Service at any time. The Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. To be aware of any revisions, you must review these Terms of Use and other online policies posted on the Site periodically. You agree that, by continuing to use or access the Site subsequent to any revision, you consent to these Terms of Use as revised.

19. Severability; Waiver

If for any reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

20. California Use Only

The Site is controlled and operated by Company from its offices in California. The Company makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Site should not be construed as the Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California

21. Governing Law And Venue

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Irvine, California, in all disputes arising out of or related to the use of the Site or any Service provided in connection in addition to that.

22. Acknowledgement

BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Last Revised: 03/01/2022