Tome Terms of Service
These Terms of Service (the “Terms”) are a legally binding agreement made by and between The Electric Tome Company, a Delaware corporation (“Tome”, “we”, or “us”) and you, personally and, if applicable, on behalf of the entity for whom you are using this website (collectively, “you”). These Terms govern your use of the Tome website (“Website”) and the services we offer on the Website (“Services”), so please read them carefully. These Terms are effective as of September 30, 2022 and were last updated on July 19, 2023. If these Terms are inconsistent with the terms and conditions of any other agreement between you and Tome (such other agreement, the “Agreement”), the terms and conditions of such Agreement will control.
BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO BE BOUND BY THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) INCLUDING, BUT NOT LIMITED TO, THE RIGHT, AUTHORITY, AND CAPACITY TO SEND DOCUMENTS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE TO BE SO BOUND, DO NOT ACCESS OR USE THE WEBSITE OR UPLOAD OR SEND ANY DOCUMENTS TO TOME.
INTERNET TECHNOLOGY AND THE APPLICABLE LAWS, RULES, AND REGULATIONS CHANGE FREQUENTLY. ACCORDINGLY, WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS AT ANY TIME. YOUR CONTINUED USE OF THE WEBSITE CONSTITUTES ASSENT TO ANY NEW OR MODIFIED PROVISION OF THESE TERMS THAT MAY BE POSTED ON THE WEBSITE.
By accessing or using the Website, you are accepting these terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent).
1. Using The Website.
a. Eligibility. The Website may only be used by individuals and entities who can form legally binding contracts under applicable law. No person under the age of 18 may use the Website. Your use of the Website will be deemed to be a representation that you are 18 years of age or older. We require that all purchases and orders be made by individuals 18 years of age or older.
b. License and Restrictions. Subject to the terms and conditions of these Terms, you are hereby granted a limited, non-exclusive right to use the content and materials on our Website in the normal course of your use of the Website. We will retain ownership of our intellectual property rights and you will not obtain any rights therein by virtue of these Terms or otherwise, except as expressly set forth in these Terms. You will have no right to use, copy, display, perform, create derivative works from, distribute, transmit, or sublicense materials or content available on the Website, except as expressly set forth in these Terms.
c. Prohibited Conduct. In your use of the Website, you may not: (i) disrupt or interfere with the security or use of the Website or any websites linked to the Website; (ii) interfere with or damage the Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (iii) impersonate another person or entity, misrepresent your affiliation with a person or entity, including (without limitation) us, or use a false identity; (iv) attempt to obtain unauthorized access to the Website; (v) submit false or misleading information to us; (vi) violate any law, rule, or regulation; (vii) engage in any activity that interferes with any third party’s ability to use or enjoy the Website; or (viii) assist or encourage any third party in engaging in any activity prohibited by these Terms.
2. Password and Account Security.
a. Registration. In order to access and use certain features of Tome, you must register for an account (“Account”). By registering, you must provide us with accurate and complete registration information, and agree to update your Account if any of the provided information changes. It is particularly important to keep the email address associated with your Account updated because, although you may be able to log into your Account using an old email address, you will not be able to receive messages from us related to your Account.
b. Accounts and Passwords. Following registration, you will be prompted to select a password. You must keep your password confidential at all times. You will be responsible for all uses of your password, including, without limitation, any use by any unauthorized third party. You must notify us immediately if you believe your password may be used by any unauthorized person or entity. We reserve the right to suspend or terminate your use of the Website if we believe that your password is being used without permission or otherwise in a manner that may disrupt the Website.
3. Privacy Policy. You agree to the terms of our Privacy Policy, which is incorporated by reference into these Terms and is found at https://www.tome.com/privacy-policy.
4. Accuracy of Information. We attempt to ensure that the information on the Website is complete and accurate; however, this information may contain typographical errors, and other errors or inaccuracies. We assume no responsibility for such errors and omissions, and reserve the right to: (i) correct any errors, inaccuracies or omissions; and (ii) make changes to prices, content, promotions, product descriptions or specifications, or other information on the Website.
5. Security. We employ measures designed to ensure the security of the Website, but, as provided below, make no guarantees in this regard.
6. Intellectual Property Rights. All materials on the Website, including without limitation, the logos, design, text, graphics, other files, and the selection and arrangement thereof are either owned by us or are the property of our suppliers or licensors. You may not use such materials without permission.
7. Third-Party Services. We may use third parties to provide certain services accessible through the Website and may provide links to third-party websites. We do not control those third parties, their services, or their websites. We will not be liable to you in any way for your use of such services or websites. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as these Terms when you use these services and websites.
8. Indemnification. You agree to indemnify, defend and hold us and our employees, representatives, agents, attorneys, advisors, affiliates, directors, officers, managers and stockholders (the “Indemnified Parties”) harmless from any damage, loss, cost or expense (including, without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties arising from, related to, or connected with your use of the Website. If you are obligated to provide indemnification pursuant to this provision, we may, in our sole and absolute discretion, control the disposition of any Claim at your sole cost and expense. Without limitation of the foregoing, you may not settle, compromise or in any other manner dispose of any Claim without our consent.
9. DISCLAIMERS, EXCLUSIONS AND LIMITATIONS.
a. DISCLAIMER OF WARRANTIES. WE PROVIDE THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE, ITS USE OR ANY INFORMATION ON IT WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; (III) MEET YOUR REQUIREMENTS; OR (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. WE MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
b. DISCLAIMER OF FORWARD-LOOKING STATEMENTS. THIS WEBSITE MAY CONTAIN FORWARD-LOOKING STATEMENTS THAT REFLECT OUR CURRENT EXPECTATION REGARDING FUTURE EVENTS AND BUSINESS DEVELOPMENTS. THE FORWARD-LOOKING STATEMENTS INVOLVE RISKS AND UNCERTAINTIES. ACTUAL DEVELOPMENTS OR RESULTS COULD DIFFER MATERIALLY FROM THOSE PROJECTED AND DEPEND ON A NUMBER OF FACTORS, SOME OF WHICH ARE OUTSIDE OUR CONTROL.
c. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS (INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO THE WEBSITE OR THE PRODUCTS) EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS, LESS THE FAIR MARKET VALUE OF SUCH PRODUCTS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
10. Domestic Use. We control the Website from our offices within the United States of America. We make no representation that the Website or its content is appropriate or available for use in other locations. Users who access the Website from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. No content from the Website may be downloaded in violation of United States law.
11. Force Majeure. We will not be liable for failing to perform under these Terms because of any event beyond our reasonable control, including, without limitation, a labor disturbance, an Internet outage or interruption of service, a communications outage, failure by a service provider to perform, fire, terrorism, natural disaster, pandemic or war.
12. Limitation of Actions. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Website, must be filed within one calendar year after such claim or cause of action arises, or forever be barred.
13. No Legal or Tax Advice. No statements in the Website are intended to or constitute legal advice, including tax or financial advice or recommendations. You should seek the advice of your own legal, tax and financial advisors regarding the consequences to you of using any of the tools or solutions of Tome. The information in this Website does not constitute any investment advice or investment service, and is not intended as an offer or solicitation to purchase any security or financial instrument.
14. Changes to the Website. We may, in our sole discretion, change, modify, suspend, make improvements to or discontinue any aspect of the Website, temporarily or permanently, at any time without notice to you, and we will not be liable for doing so.
15. Termination. Either party may terminate these Terms by providing written notice to the other party. These Terms will remain in full force and effect while you use the Website. Notwithstanding the forgoing, we may suspend or terminate your rights to use the Website as a result of any use of the Website in violation of these Terms. We will not have any liability whatsoever to you for any termination of your rights under these Terms.
16. Integration. These Terms and the Privacy Policy contain the entire understanding between you and us regarding the use of the Website, and supersedes all prior and contemporaneous agreements and understandings between you and us relating thereto.
17. Additional Terms. These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of California without regard for conflict of law principles. These Terms and all of your rights and obligations under them may not be assignable or transferable by you without our prior written consent. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under these Terms. You are an independent contractor, and no agency, partnership, joint venture, employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.