Terms & Conditions

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.

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

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

(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

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.

Terms and Conditions