TERMS OF USE

TERMS OF USE:

TESSEL LLC (“Tessel”), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES AND ITS SUBDOMAINS (COLLECTIVELY, THE “SITES”), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE “TERMS OF USE”). FOR THE PURPOSES OF THESE TERMS OF USE, “CONTENT” MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.

ACCEPTANCE OF TERMS:

PLEASE READ THESE TERMS OF USE AND TESSEL’S PRIVACY POLICY CAREFULLY. BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY OF THEIR CONTENT. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. TESSEL CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Tessel or its affiliates for other products or services.

You are also subject to the Tessel Privacy Policy. These Terms of Use were updated as of April 18, 2014.

USE AND RESTRICTIONS:

The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites under applicable laws. The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Tessel, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not:

resell or make commercial use of the Sites or Content therein;

modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

collect or use any product listings or descriptions;

use any data mining, robots, or similar data gathering and extraction methods from the Sites;

other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way;

forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites;

use, frame or utilize framing techniques to enclose any Tessel trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Tessel’s express written consent; or

use any meta tags or any other “hidden text” utilizing a Tessel name, trademark, or product name without Tessel’s express written consent.

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. Tessel attempts to be as accurate as possible in describing its products. We do not warrant that product descriptions or other content of this Website are accurate, complete, reliable, current, or error-free. Most Tessel products displayed on this website are available in select retail stores in the United States and select foreign markets while supplies last. In some cases, merchandise displayed for sale on this website may not be available in retail stores.

We have made every effort to display as accurately as possible the colors of our products that appear on this website. As the actual colors you see depend on your computer monitor, however, we cannot guarantee that your monitor’s display of any color will be accurate.

COPYRIGHT:

The Content and the Sites, as well as the selection and arrangement thereof, are the sole property of Tessel and are protected by copyright and trademark and may not be used except in accordance with these Terms of Use or with Tessel’s express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Tessel grants no other privileges or rights in the Content to you, and you must keep intact all copyright, trademark and other proprietary notices on the Content. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Tessel’s express prior written consent.

TRADEMARK:

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites are proprietary to Tessel. You may not display or reproduce the Marks other than with the prior written consent of Tessel, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other unfair competition laws.

In addition, all custom graphics, films, and scripts are trademarks, service marks, trade names and/or trade dress of Tessel or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tessel. The TESSEL trademark is registered with the U.S. Patent and Trademark Office.

TERMS OF SALE:

All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our contact page to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Tessel’s sole discretion so you should review the terms of sale each time you make a purchase.

ELECTRONIC COMMUNICATIONS:

You consent to receive electronic communications from Tessel either in the form of email sent to you at the email address on record or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.

FEEDBACK:

If you submit any feedback or ideas about our products and services to the Sites, you hereby assign and agree to assign to Tessel all right, title and interest in and to such feedback.

MODIFICATIONS:

Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Tessel reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.

INDEMNIFICATION:

You agree to defend, indemnify and hold harmless Tessel, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site, and your Submissions and any Personal Rights contained therein.

LINKS TO THIRD PARTY WEBSITES:

The Sites may contain links to websites and other resources operated by third parties other than Tessel. Such links are provided solely as a convenience to you. Tessel does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

GOVERNING LAW:

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites and/or the Content must and will be venued exclusively in Provo, UT, USA. These Terms of Use and the relationship between you and Tessel will be governed by the laws of the state of Utah, USA, and the federal laws of USA applicable therein, without giving effect to principles of conflict of laws of any jurisdiction.

MISCELLANEOUS:

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Tessel and you, and any proceedings in connection with these Terms of Use and/or your use of the Sites, exclusively shall be made in, the English language. Tessel and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tessel as a result of these Terms of Use, our Privacy Policy or any use of the Sites. Tessel’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Tessel’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Tessel with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Tessel with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Tessel with respect to the Sites.