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Terms of Use

Last Updated: September  2024

Hello and thanks for visiting TIDI.  Before using any of the Services, please read these Terms of Use (“Terms”), our Privacy Policy, and any other policies and notices that we have made available to you. We sometimes refer to these policies, collectively, as our “Agreement.”  The Agreement sets out the rules for using our websites, emails, social media, and online advertisements (which we sometimes refer to, collectively, as our “Services”).
 
Our Agreement (including these Terms) governs how you access, use, and interact with our Services. It’s important that you read the entire Agreement because when you access, use, or interact with our Services, you agree to be bound by the current version of these Terms and the rest of the Agreement. If you don’t agree, please don’t access, use, or interact with our Services.  If you have questions, feel free to reach out by using the Contact Us methods available on our websites or by calling us at 800-521-1314.

We may update these Terms, and any other part of our Agreement, from time to time. The most current versions will be available on our homepage www.tidiproducts.com and will govern our relationship with you. Please check frequently to make sure that you stay up to date on any changes. 


•    Who we are
•    About our Services
•    Who can use our Services
•    What you can expect from our Services
•    Our intellectual property 
•    Acceptable use policy 
•    Your account
•    Your information and User Content 
•    Third party content, links, and services
•    Copyright protection and notification guidelines
•    Privacy 
•    These terms may change
•    Termination
•    Disclaimers
•    Limitation of liability
•    Indemnity
•    Dispute resolution
•    Notice to California consumers
•    Miscellaneous 
•    Your comments and questions

Who we are

We are TIDI Products, LLC (“TIDI Products”), its direct and indirect subsidiaries, and its affiliates. 

About our Services

When we refer to our “Services,” we mean our website(s), social media, emails, and online advertisements, as well as the content, materials, and services that we own, offer and make available through any our Services and those associated with or used by any of Our Brands.

Who can use our Services

Our Services are intended for an adult audience of persons who can form legally binding agreements. They are not intended for children under 18. Children under 18 years old should never use our Services.  Our Services are not for the use or benefit of any third party. You may only use the Services if you agree to these Terms, and the rest of the Agreement (where applicable), as a binding contract with TIDI Products, LLC and promise that you meet all of the eligibility criteria outlined in these Terms and any other applicable part of our Agreement. 

What you can expect from our Services

Geographic Restrictions.  Not all products included on this Site are available in all geographic marketplaces.  THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS TIDI PRODUCTS OR THE TIDI PRODUCTS PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.

Some of our Services use geolocation. We use third party functionality to include maps, geocoding, places, and other content from Google as part of our Services. Your use of this functionality is subject to Google’s then current Terms of Use for Google Maps/Google Earth. By accessing or using this functionality, you are agreeing to be bound by Google Maps/Google Earth’s Terms of Use.

Content from third parties and other users. Some of the content that you see on the Services will come from other users or sources outside of TIDI Products. All content, including User Content (which is defined below) and third-party content, is the responsibility of the party that creates it or provides it to us. We don’t control or endorse any User Content or third-party content, and we don’t make any claims or representations regarding content that we don’t create. We may provide links to third party sites or resources, but these links don’t mean we endorse or have any associations with the third parties who provide those sites or resources. If any damage or loss results from your use of, reliance on, or access to any content that a third party makes available, you acknowledge and agree that TIDI Products is not responsible or liable, directly or indirectly. When you access third party resources on the Internet, you do so at your own risk.

We can monitor you, but we don’t have to. We may review content on the Services, but we don’t have an obligation to do so. We reserve the right to review, remove, block, or modify any content on the Services, including User Content, without notice or further obligation. We take no responsibility related to third party content, User Content, or any actions resulting from your use of any part of the Services. TIDI Products will have no liability in connection with any content submitted to, transmitted via, or displayed or posted on or through the Services.

Our Services may change. We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the any of our Services, including the content, features, promotions, or products offered through the Services, charge fees in connection with the use of the Services, and offer different or new opportunities to some or all users of the Services. In the case of unforeseen or extenuating circumstances, we may do so without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or any service, content, feature or product offered or described on through the Services.

Inaccuracy disclaimer. While we make reasonable efforts to ensure the information provided is accurate, we make no warranties about the accuracy and reliability of the information, data or content on our Services. From time to time our Services may contain information with typographical errors, inaccuracies, or omissions, including those that may relate to product and service descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Services. The content on our Services is provided for informational purposes only and may be compiled from a variety of sources. See the “Disclaimer” section, below, for more details.

Our intellectual property 

TIDI Products owns (or licenses) the Services, including their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, graphics, charts, and data, and the design, selection and arrangement thereof), all of which are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws (“Intellectual Property Rights”). No right, title or interest in or to our Services or any content on our Services is transferred to you, and we reserve all rights not expressly granted.

TIDI Products owns certain trademarks, names, logos, insignias, or service marks (“Marks). You do not have the right to use any Marks except as expressly agreed to in writing by TIDI Products.  Our name, the terms and all related names, logos, product and service names, designs and slogans are our trademarks or our affiliates or licensors, including those of Our Brands. You must not use such marks without our prior written permission. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. All other names, logos, product and service names, designs and slogans on our Services are the trademarks of their respective owners.

Don’t access modify or modify copies of any material on our Services; or, delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials on our Services. Any use of the Services not expressly permitted by these Terms is a breach of these Terms. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Services in breach of these Terms, we may terminate your access to our Services and require you to return or destroy any copies of the materials you have made. 

Acceptable use policy

We trust you to use our Services responsibly. But, in order to protect ourselves and our users, we may monitor, modify, terminate, and disclose to third parties your use of the Services. You agree not to misuse our Services or help anyone else to do so.  For example, you must not even try to do any of the following (“Prohibited Uses”) in connection with the Services:

  • Use or exploit the Services for any purpose that is illegal, tortuous, libelous, defamatory, false, misleading, harassing, abusive, obscene, vulgar, intrusive on another’s privacy, harmful to the interests of us or our users;
  • Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
  • Upload, post, reproduce, distribute, transmit, transfer, or otherwise use or exploit in any way information, software, or other material protected by any intellectual property, publicity, or privacy right without first obtaining permission from the owner
  • Collect or store personal data that is not your own; 
  • Reproduce, distribute, duplicate, copy, sell, resell, decompile, modify, reverse engineer, disassemble, assign, create derivative works of, impersonate, or otherwise exploit any part of the Services (including any software we make available) for any purpose unless expressly approved by us in writing; 
  • Upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; 
  • Undertake or facilitate any effort to interrupt, modify, limit, interfere with, commercially exploit, or negatively impact the functionality of any Services, nor will you use or exploit the Services in any way other than as expressly permitted by these Terms;
  • Remove, alter, obscure, or otherwise render unintelligible any proprietary notices; 
  • Deploy or utilize any automated method of collecting content from our site, such as robots, crawlers, and scraping mechanisms.
  • Disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party, including via software viruses or any other computer codes.

TIDI Products reserves sole and absolute discretion to determine whether there has been a violation of these guidelines. 

Your information and User Content 

We want to hear from you. Occasionally, you may see areas on our Services where you can post information and content or communicate with us and other users. These areas may be in the form of social media posts, bulletin boards, chat rooms, comment areas, billboards, forums, newsgroups, postings sections, or similar communications facilities. When we refer to “User Content,” we mean any materials and communications, including but not limited to photos, text, graphics, audio, video, location information, comments, reviews, and other content that you provide, submit, distribute, transmit, or post to TIDI Products through, without limitation, our Services, social media and third-party sites (including, without limitation, Instagram, X, and Facebook), in person, and at our stores. 

Content guidelines. User Content must adhere to our acceptable use policy, and may not include any profanity or obscene, indecent, pornographic, graphic, violent, or discriminatory material, and must not promote any illegal activity. It may not promote violence against, threaten, or harass other people on the basis of race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, or medical condition and may not promote or encourage suicide or self-harm. Don’t submit User Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company. Your User Content may not impersonate another person, user, or entity. User Content may not promote any service or product offered by the contributor, without our express consent, and may not convey any unauthorized or unsolicited advertising. Don’t post anyone’s private information, identification documents, or sensitive financial information (including yours) and don’t post personally identifiable information regarding another person without their consent. Your User Content should not include pictures, videos, or images identifying anyone other than yourself or your immediate family. User Content submitted to the Services should not include photos, videos, images, or other information about minor children, unless you are that child’s parent or legal guardian. Never submit photos, videos, images, or other information about a child who is under the age of 18.

If you submit User Content that we reasonably believe violates these Terms, then we may take any legally available action that we deem appropriate, in our sole discretion. Such actions may include, for example, the removal of your User Content, limiting your ability to use and post to our Services, or the termination of any account with us. However, we are not obligated to take any action not required by law. We may require, at any time, proof of the permissions referred to in this section, in a form acceptable to us. Failure to provide such proof may lead to, among other things, the User Content in question being removed from the Services.

You promise that your User Content is yours. We need you to promise us certain things about your submissions so that you don’t get us into trouble. When you submit User Content, you represent and warrant that all of your User Content is original content that was created by you or that you hold all necessary right, title, and license to such materials; your submission of such materials to TIDI Products does not and, when used by TIDI Products as an authorized under these Terms, will not violate or infringe the rights of any third parties, including any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights; and, all User Content you provide is accurate, complete, up-to-date, and not misleading. Don’t use someone else’s User Content and pretend it’s your own, including any content that you might have found elsewhere on the Internet. If anyone contributes to your User Content or has any rights to your User Content, or if anyone appears or is referred to in the User Content, then you must also have their permission to submit such User Content to TIDI Products. For example, if someone has taken a picture of you, and you submit that photo to TIDI Products as your User Content, then you must obtain the photographer’s permission to do so. 

User Content isn’t confidential. Except as otherwise described in our Agreement, you agree that: (a) your User Content will be treated as non-confidential – regardless of whether you mark it as “confidential,” “proprietary,” or the like – and will not be returned; and (b) TIDI Products does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon our request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms and our Agreement with you.  You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.  In your communications with TIDI Products, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise; and, any you post on or send to us via the Services are deemed User Content and licensed to us as set forth below.  In addition, we retain all the rights held by members of the general public regarding such ideas and materials, our receipt such materials not an admission of their novelty, priority, or originality and does not impair our right to contest existing or future intellectual property rights relating to such ideas or materials.

You own your User Content, but we can use it. You keep all ownership and license rights of the User Content you share with us or on our Services. However, by sharing your User Content with us you grant us a license to use it. When you submit, distribute, transmit, or post User Content on our Services, you give us a right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your User Content for any lawful purpose, including commercial purposes and advertising, and in any and all media formats or distribution channels (including, without limitation, digital, print, in-store, etc.), without any additional permission from you, other than the permission you provide, here, by agreeing to these Terms and the other, applicable parts of the Agreement. You agree that this license includes the right for TIDI Products to use your User Content to provide, promote, and improve its offerings, including its Services. You understand that we may use your User Content, without compensation of any kind to you, including if we use your User Content for advertising, promotional, or other commercial purposes. You also agree that if your User Content contains any ideas, concepts, know-how, or techniques, we can use that User Content and anything it contains for any purpose including, but not limited to, developing, manufacturing, and marketing products and service techniques. You agree that, unless prohibited by applicable law, this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free, and will survive termination of your account and relationship with TIDI Products. If you don’t agree to these conditions, then please don’t provide us any User Content. 

Other people on our Services can use your User Content. You also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your account and your relationship with TIDI Products. If you don’t agree, then please don’t submit, distribute, transmit, or post your User Content on our Services.

Linking to our Services. You are prohibited from linking to the Services on your website or elsewhere without the prior express written consent of TIDI Products.  If TIDI Products grants you a right to link to the Services certain additional terms, in addition to the Agreement, may apply. We reserve the right to withdraw linking permission, without notice at any time, and may disable all or any social media features and any links at any time without notice in our discretion. You are responsible for any costs incurred by TIDI Products in enforcing its rights under this Section.

Third party content, links, & services

The Services may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. 

When you access a third-party link through our Services, you may be providing your information to that third party. The third party’s policies will control how it will use, store, or disclose the information you provide. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. We don’t vouch for the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such third-party sites. We also don’t warrant that such sites or content are free from claims of copyright or other infringement or that such sites or content are devoid of viruses or other malicious code. The links may not function properly, and we make no warranties or promises that any link will bring you to the site you intended. You are responsible for confirming the identity and authenticity of any website you visit online. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

YOU AGREE THAT TIDI PRODUCTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD PARTY SITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.

Copyright protection & notification guidelines

We respect the intellectual property of others and ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please let us know in accordance with the instructions below so that we can respond expeditiously (your “DMCA Notice”). Your DMCA Notice should include the information, below. We might also for additional information before we remove any allegedly infringing material.

  • A description of the copyrighted work or other intellectual property that you believe has been infringed;
  • A description of where that material is located;
  • Your address, telephone number, and email address;
  • A statement that you believe, in good faith, that the use is not authorized by the copyright owner, its agent, or the law;
  • Your promise, made under penalty of perjury, that that the above information is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; 
  • An electronic or physical signature of the person authorized to act with regard to the intellectual property.

If we remove or disable access to content you provide, pursuant to a valid DMCA notice, we’ll notify you and you may provide us with a counter-notification, in writing, to our designated Copyright Agent. Your counter-notification must include all of the following information:  your name, address, phone number, and signature; identification of subject material; the location at which the material had appeared; a statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and, your consent to the jurisdiction in the judicial district where your physically located, or if that is outside of the United States, for any judicial district in which we are located, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
Our designated Copyright Agent, pursuant to 17 U.S.C. 512(c), is:

Privacy Officer
570 Enterprise Drive
Neenah, Wisconsin 54956
Phone: 800-521-1314
Email: privacy@tidiproducts.com 

Privacy

To learn about how we will use the personal information collected in our Services, please read our Privacy Policy. 

These terms may change

We may revise and update these Terms, and any other part of the  Agreement, from time to time. These updates might be because we’ve changed one or more of our Services, changed how we do business, for legal, regulatory, or security reasons, or to prevent abuse or harm. We will try to give you notice of changes in a way that we think is reasonable under the circumstances. The changes will not be retroactive, but they are effective thirty (30) days after notice of the updated terms have been posted on one or more of our Services.  

You agree that we may provide updates, notices, and disclosures about any changes or amendments to these Terms and any other part of the Agreement, as well as other information about our Service electronically, including on our websites, via social media, or by sending an email to the address we have on file for you. You understand and agree that each of these methods of notice, on their own, are sufficient. 

The most current version of these Terms, which will always be available at www.tidiproducts.com, will govern our relationship with you. Please check frequently to make sure that you stay up to date on any changes. 

Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services if we decide, in our sole discretion, that: (a) you’re in breach of these Terms or (b) your use of our Services would cause a risk of harm or loss to us or other users. We may also decide to discontinue all or part of our Services entirely. As part of using our Services, you acknowledge and agree that we have no liability or obligation to you in such event and that you will not be entitled to a refund or compensation to the fullest extent permitted by applicable law.

We’ll try to provide you with reasonable advance notice on the Service or via the email address associated with your account. We won’t provide notice before termination where you’re in material breach of these Terms, doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or we're prohibited from doing so by law.

Disclaimers

We strive to provide great products and services, but there are certain things that we can't guarantee. You should also know that, for a variety of reasons, the Services may not always be available and may, sometimes, display inaccurate or outdated information. We also cannot guarantee that the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY LAW, TIDI PRODUCTS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, CONTENT AND AVAILABILITY. WE PROVIDE OUR SERVICES ON AN “AS AVAILABLE” AND “AS IS” BASIS. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF OUR SERVICES IS AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM SERVICES. TIDI PRODUCTS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, FUNCTIONALITY OF OUR SERVICES, OR THAT DEFECTS WILL BE CORRECTED. WE DISCLAIM RESPONSIBILITY FOR ANY SORT OF CLAIM, LIABILITY, OR DAMAGE RELATED TO ERRORS IN OR OMISSIONS IN OUR SERVICES, THE UNAVAILABILITY OF OUR SERVICES, OR YOUR USE OF ANY OF OUR SERVICES.

YOU AGREE THAT THE PRODUCTS AND SERVICES YOU RECEIVE MAY VARY FROM THOSE DISPLAYED ON OUR SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, YOUR GEOGRAPHIC LOCATION, AND THE AVAILABILITY AND VARIABILITY OF PRODUCTS AND SERVICES. A REFERENCE TO A PRODUCT OR SERVICE ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME YOU MAKE AN INQUIRY OR PLACE AN ORDER.

TIDI PRODUCTS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Because some places don’t allow the disclaimers in this section, some or all of these disclaimers might not apply to you.

Limitation of liability

We don’t limit or exclude our liability where that would be illegal. For example, some jurisdictions don’t allow certain types of limitations if liability and sometimes these limitations or exclusions of liability won’t apply to you. This is especially the case if you are a consumer. We also do not exclude or limit our liability for fraudulent misrepresentation, intentional or knowing violation of the Agreement, or applicable law, or for death or personal injury resulting from our negligence or the negligence of our agents or employees.  

IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE (AND ANY OF OUR PARENTS, SUBSIDIARIES AND AFFILIATED COMPANIES, EMPLOYEES, AGENTS, OFFICERS, SHAREHOLDERS, AND DIRECTORS) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR:
•    ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; AND,
•    ANY LOSS OF USE, PROFIT, BUSINESS, REVENUE, OR DATA.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM ARISES FROM THESE TERMS, ANY OTHER PART OF THE AGREEMENT, YOUR USE OF OUR SERVICES, OR ANY OF THE CONTENT OR OTHER MATERIALS LOCATED ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICES; (3) WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR, (4) WHETHER OR NOT THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE. 

EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO $100 US. 

Indemnity

You agree to defend, indemnify and hold TIDI PRODUCTS harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of our Services and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute resolution

We want to try to sort out any disagreements through Information Dispute Resolution. If a dispute arises between you and TIDI Products, before filing a claim or arbitration, you and TIDI Products will try in good faith to reach an informal resolution.  To start the dispute process, you must send an individualized written notice (“Notice of Dispute”) to privacy@tidiproducts.com that includes (1) your name, phone number, email address for and (2) a description of the dispute and how you’d like it resolved. If TIDI Products has a dispute with you, we will send a Notice of Dispute with the same information to the email address we have on file for you. Once a complete Notice of Dispute has been received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, then you and TIDI Products must cooperate to schedule that meeting by phone or videoconference. You and TIDI Products each will personally participate and can each bring counsel, but the conference must be individualized, even if the same attorney(s) or law firm(s) represent multiple parties. For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed. An arbitration cannot be filed until the Informal Resolution Period has ended, and a court can enjoin the filing or prosecution of an arbitration in breach of this Section.

Judicial Forum for Disputes. You and TIDI Products agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Wisconsin, USA, subject to the mandatory, individual arbitration provisions, below. Both you and TIDI Products consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.

Controlling Law. Any claim, dispute or matter arising under or in connection with our Services or the Agreement (which includes these Terms, the Privacy Policy, and every other part of our Agreement with you) shall be governed by and construed in accordance with the internal laws of the State of Wisconsin, the Federal Arbitration Act and applicable U.S. federal law, without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction), except to the extent local law is mandatory for consumers. Foreign laws do not apply.  

Notice to California consumers

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. These Services are provided by TIDI Products, c/o Privacy Officer, 570 Enterprise Drive, Neenah, Wisconsin 54956. If you have purchased anything through our Services, a description of what you have purchased and relevant pricing information are posted as part of our ordering process (please consult your individual purchase confirmation e-mail for the charges you incurred). If you have a question or complaint, please contact Guest Care at privacy@tidiproducts.com or call 800-521-1314. You may also contact us by writing TIDI Products, c/o Privacy Officer, 570 Enterprise Drive, Neenah, Wisconsin 54956. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

Miscellaneous 

Entire agreement. The Agreement  (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) is  the entire agreement between You and TIDI Products with respect to the current subject matter and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, applicable to the same subject matter (including, but not limited to, any prior versions of this Agreement).

Severability. If for any reason a court of competent jurisdiction finds any provision or portion of our Agreement (which includes these Terms, our Privacy Policy, and other written terms and policies, as applicable) to be unenforceable, the remainder of the Agreement will continue in full force and effect. Under these circumstances, an enforceable term shall be substituted that most closely reflects our original intent. 

Waiver. If we fail to enforce any portion of these Terms, or our Agreement, that is not a waiver of our right to do so. Any waiver of any provision of these Terms, or our Agreement, will be effective only if in writing and signed by our authorized representative.

Your comments and questions

Please call us at 800-521-1314 or contact us using the Contact Us methods available on our Services if you have any questions, requests or comments.