Terms Apply to Tend to You inc.
Last updated August 3, 2022
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Tend to You ("Company", “we”, “us”, or “our”),
concerning your access to and use of the http://tendtoyou.org website as well as any other
media form, media channel, mobile website or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read,
understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH
ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion, to make changes or modifications to these Terms of Use at any time and for any
reason. We will alert you about any changes by updating the “Last updated” date of these Terms
of Use, and you waive any right to receive specific notice of each such change. It is your
responsibility to periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted, the changes
in any revised Terms of Use by your continued use of the Site after the date such revised Terms
of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so
if your interactions would be subjected to such laws, you may not use this Site. You may not use
the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the
jurisdiction in which they reside (generally under the age of 18) must have the permission of, and
be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must
have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics on the
Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein
(the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright
and trademark laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The Content and
the Marks are provided on the Site “AS IS” for your information and personal use only. Except as
expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be
copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use
the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
You and the Site agree that we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and your choices (including
settings).
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree
to comply with these Terms of Use; (2) you are not under the age of 13; (3) you are not a minor
in the jurisdiction in which you reside, or if a minor, you have received parental permission to
use the Site; (4) you will not access the Site through automated or non-human means, whether
through a bot, script, or otherwise; (5) you will not use the Site for any illegal or unauthorized
purpose; and (6) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof).
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site
available. The Site may not be used in connection with any commercial endeavors except those
that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or compile, directly
or indirectly, a collection, compilation, database, or directory without written permission
from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or harm another
person.
6. Make improper use of our support services or submit false reports of abuse or
misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or regulations.
8. Use the Site to advertise or offer to sell goods and services.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the
Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
10. Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of another user.
13. Sell or otherwise transfer your profile.
14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or
other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).
15. Interfere with, disrupt, or create an undue burden on the Site or the networks or services
connected to the Site.
16. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
17. Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site, or any portion of the Site.
18. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
19. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or
in any way making up a part of the Site.
20. Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or
launching any unauthorized script or other software.
21. Use a buying agent or purchasing agent to make purchases on the Site.
22. Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending unsolicited
email, or creating user accounts by automated means or under false pretenses.
23. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the
Content for any revenue-generating endeavor or commercial enterprise.
CONTRIBUTIONS
By submitting suggestions or other feedback (“Contributions”) regarding the Site, you agree that
we can use and share such feedback for any purpose without compensation to you. We do not
assert any ownership over your Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other proprietary rights associated with
your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or
other information regarding the Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive rights, including all intellectual
property rights, and shall be entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby
warrant that any such Submissions are original with you or that you have the right to submit
such Submissions. You agree there shall be no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party
Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or originating from
third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party
Content posted on, available through, or installed from the Site, including the content, accuracy,
offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites
or to use or install any Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Use no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you navigate from the
Site or relating to any applications you use or install from the Site. Any purchases you make
through Third-Party Websites will be through other websites and from other companies, and we
take no responsibility whatsoever in relation to such purchases which are exclusively between
you and the applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us harmless from any
harm caused by your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
law or these Terms of Use, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of your Contributions or any
portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove
from the Site or otherwise disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect
our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy
Policy: https://tendtoyou.org/privacy-policy. By using the Site, you agree to be bound by our
Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is
hosted in the United States. If you access the Site from any other region of the world with laws
or other requirements governing personal data collection, use, or disclosure that differ from
applicable laws in the United States, then through your continued use of the Site, you are
transferring your data to the United States, and you agree to have your data transferred to and
processed in the United States. Further, we do not knowingly accept, request, or solicit
information from children or knowingly market to children. Therefore, in accordance with the
U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under
the age of 13 has provided personal information to us without the requisite and verifiable
parental consent, we will delete that information from the Site as quickly as is reasonably
practical.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. Without limiting
any other provision of these terms of use, we reserve the right to, in our sole discretion and
without notice or liability, deny access to and use of the site (including blocking certain ip
addresses), to any person for any reason or for no reason, including without limitation for breach
of any representation, warranty, or covenant contained in these terms of use or of any
applicable law or regulation. We may terminate your use or participation in the site or delete any
content or information that you posted at any time, without warning, in our sole discretion.
GOVERNING LAW
These Terms of Use and your use of the Site are governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts applicable to agreements made and to be
entirely performed within the Commonwealth of Massachusetts, without regard to its conflict of
law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these
Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us
(individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90
days before initiating arbitration. Such informal negotiations commence upon written notice
from one Party to the other Party.
BINDING ARBITRATION
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except
those Disputes expressly excluded below) will be finally and exclusively resolved through binding
arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT
TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted
under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and,
where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA
Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration
fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules
and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted
in person, through the submission of documents, by phone, or online. The arbitrator will make a
decision in writing, but need not provide a statement of reasons unless requested by either
Party. The arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or
applicable law, the arbitration will take place in Worcester , Massachusetts. Except as otherwise
provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Worcester , Massachusetts,
and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and
forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods
and the the Uniform Computer Information Transaction Act (UCITA) is excluded from these
Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) years after the cause of action arose. If this provision is found to
be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that portion of this provision found to be illegal or unenforceable, and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
RESTRICTIONS
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other
proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
DISCLAIMER
The site is provided on an as-is and as-available basis. You agree that your use of the site and our
services will be at your sole risk. To the fullest extent permitted by law, we disclaim all
warranties, express or implied, in connection with the site and your use thereof, including,
without limitation, the implied warranties of merchantability, fitness for a particular purpose,
and non-infringement. We make no warranties or representations about the accuracy or
completeness of the site’s content or the content of any websites linked to the site and we will
assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and
materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your
access to and use of the site, (3) any unauthorized access to or use of our secure servers and/or
any and all personal information and/or financial information stored therein, (4) any interruption
or cessation of transmission to or from the site, (5) any bugs, viruses, trojan horses, or the like
which may be transmitted to or through the site by any third party, and/or (6) any errors or
omissions in any content and materials or for any loss or damage of any kind incurred as a result
of the use of any content posted, transmitted, or otherwise made available via the site. We do
not warrant, endorse, guarantee, or assume responsibility for any product or service advertised
or offered by a third party through the site, any hyperlinked website, or any website or mobile
application featured in any banner or other advertising, and we will not be a party to or in any
way be responsible for monitoring any transaction between you and any third-party providers of
products or services. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgment and exercise caution where appropriate.
LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for
any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including
lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if
we have been advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, our liability to you for any cause whatsoever and regardless of the
form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to
us during the one (1) month period prior to any cause of action arising or $1,000.00 usd. Certain
us state laws and international laws do not allow limitations on implied warranties or the
exclusion or limitation of certain damages. If these laws apply to you, some or all of the above
disclaimers or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
all of our respective officers, agents, partners, and employees, from and against any loss,
damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms of Use; (3)
any breach of your representations and warranties set forth in these Terms of Use; (4) your
violation of the rights of a third party, including but not limited to intellectual property rights; or
(5) any overt harmful act toward any other user of the Site with whom you connected via the
Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree that we shall have no
liability to you for any loss or corruption of any such data, and you hereby waive any right of
action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF
TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights
or requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic records,
or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
Unit of the Division of Consumer Services of the California Department of Consumer Affairs in
writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the provision is deemed severable from these Terms
of Use and does not affect the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created between you and us as a
result of these Terms of Use or use of the Site. hereby waive any and all defenses you may have
based on the electronic form of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.