Tangen Draw, LLC. Terms of Service

Effective Date of Current Policy: February 17, 2022 

Welcome to our website! Tangen Draw (“Tangen Draw”, “we” or “us”) operates the website located at  Tangendraw.com and any content or services available via such site (“Site”). We are excited to have you  visit. While you’re here, we need to include the following terms and conditions (“Terms of Service”),  which clarify our relationship and govern your use of the Site. Please read them carefully, and let us  know if you have any questions at info@tangendraw.com 

PRIVACY 

Tangen Draw is committed to helping you safeguard your privacy. Please review our Privacy Statement for details about how we collect, use, and disclose your information. By using the Site, you consent to all  actions taken by us with respect to your information in compliance with the Privacy Statement. 

CHANGES TO TERMS OF SERVICE 

From time to time we may revise these Terms of Service to reflect changes in the Site or to ensure that  they comply with applicable law. We will provide notice of such changes using the information in our  records. You agree that your continued use of our Site means that you accept and agree to these Terms  of Service as amended or revised by us from time to time. We recommend that you review these Terms of Service regularly to ensure that you are aware of its terms. You will know if these Terms of Service have been revised since your prior visit to the Site by referring to the “Effective Date of Current Policy”  at the top of this page.  

ELECTRONIC COMMUNICATION 

By accessing or using the Site, submitting your information through the Site, or communicating with us  through the Site, you consent to receive communications from us by email or Site notices. Any  communications provided to you electronically will satisfy any legal requirement that such  communication be in writing.  

PRODUCTS 

While we will do our best to keep the Site up to date, we do not guarantee that all products or services  described or offered on our Site will be available, or that your use of such products or services will  achieve or provide you with any specific result. All product specifications and prices may change at any  time without notice. Certain weights, measures, and descriptions are approximate and are provided for  convenience purposes only. Packaging may vary from that shown. The inclusion of any products on the  Site at a particular time does not imply or warrant that these products will be available at any time.  Occasionally, the distribution of a certain product may be delayed for a number of reasons. In such  event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised  delivery schedule. By placing an order, you represent that the products ordered will be used only in a  lawful manner. 

Certain services or products made available via the Site are delivered by third parties who we have a  contractual relationship with. To provide such services or products we may need to share your  information with them.. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that TangenDraw may share such information and data with such third parties provide the requested product, service, or functionality. 

USER ACCOUNTS 

To access certain content and products, TangenDraw requires that users create accounts containing  usernames, passwords, email addresses, and other confidential information. By creating an account, you  warrant that all information is true, and that you have not, and will not hold duplicate user accounts.  You acknowledge that TangenDraw is not responsible for third party access to your account that results  from theft or misappropriation of your account.  

SHIPPING AND RETURNS 

Returns, refunds, exchanges & replacements may be granted at the sole discretion of TangenDraw, in  line with our Shipping and Returns policy and applicable law. If you require assistance in addressing such  issues, please contact us at info@tangendraw.com and we will do our best to get back to you within 72  business hours.  

PRICING; TAXES 

Prices for products and services exclude all applicable taxes unless stated otherwise. You are solely responsible for paying all taxes.  

PAYMENTS 

For all products ordered by you, we or our vendors or agents will charge your card (or alternative  payment method we agree to accept), and you agree to pay all such charges. You understand that we  may hold and store your payment information to facilitate payment. When you provide card  information, account numbers, or other information necessary to facilitate payment to us or our  vendors, you represent to us that you are the authorized user of the card or payment account. 

INTELLECTUAL PROPERTY RIGHTS 

All content and material posted on this Site are either the property of TangenDraw, or are used by us  with express permission of the owner of rights in such property. Any unauthorized use of any content or  materials on this Site is strictly prohibited and may violate applicable laws. You are granted a non exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these  Terms of Service. As a condition of your use of the Site, you warrant to TangenDraw that you will not use  the Site for any purpose that is unlawful or prohibited by these Terms of Service. Such grant does not  permit you to do any of the following: (1) modify, adapt, translate, reverse engineer, decompile,  disassemble or convert into human readable form any of the contents of this Site; (2) copy, imitate,  mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents  of this Site in any form or by any means; or (3) use any data mining, bots, spiders, automated tools or  similar data gathering and extraction methods on the contents of the Site or to collect any information  from the Site or any other user of the Site.  

You agree that TANGENDRAW, and the TangenDraw logo, are the trademarks of TangenDraw, and may  not be reproduced, displayed, or otherwise used in any way, in any medium, including variations  thereon that may be mistakenly confused with such marks, without our express written consent.

FEEDBACK 

If you provide us any idea, proposal, suggestion, or feedback, including ideas for new products, product  names, and product improvements ("Feedback"), you provide us, without charge or other obligation to  you, the right to make, have made, create derivative works, use, share, and commercialize your  Feedback in any way and for any purpose. We will treat any Feedback you provide to us as non confidential and non-proprietary. You agree that you will not submit to us any information or ideas that  you consider to be confidential or proprietary. 

CHANGES TO THE WEBSITE; DISCLOSURE 

Subject to the Privacy Statement referenced above, we reserve the right to disclose, at any time and  from time to time, any information or content that we deem necessary or appropriate, including  without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute  process, or governmental request. If the Site contains links to other websites and resources provided by  third parties, these links are provided for your convenience only. We have no control over the content of  those websites or resources, and accept no responsibility for them or for any loss or damage that may  arise from your use of them.  

FOOD SAFETY MATTERS 

You are responsible for inspecting all products for any damage or other issues upon delivery. In addition,  you are solely responsible for determining the freshness of the perishable products you receive. We  recommend that you use a thermometer to ensure that the internal temperature of any perishable  product is 40° F or below. In the unlikely event that such temperature is above 40° F, or you have any  other reason to believe that any other product (perishable or otherwise) in your delivery or purchase is  not suitable for consumption, contact us at info@tangendraw.com and discard the item. To maintain  the quality and integrity of the perishable products, we recommend that you immediately refrigerate or  freeze all perishable products upon delivery or purchase and follow the U.S. Department of Agriculture’s  (“USDA”) instructions on refrigeration and food safety, which can be found here. We recommend that  you follow the USDA’s instructions on safe food handling, which can be found here. USDA recommends  steaks, chops, and roasts be cooked to reach a minimum internal temperature of 145° F (62.8° C) and  allowed to rest for at least 3 minutes (please use a food thermometer to confirm the internal  temperature of the product you are cooking). You can find more information on USDA’s  recommendations here. You may choose to cook the products differently than the USDA recommends  (e.g., a lower internal temperature) and you acknowledge that failure to follow USDA’s temperature  recommendations and/or safe food handling practices may increase the risk of foodborne illness. In  addition, pregnant women, young children, the elderly and individuals with compromised immune  systems should follow the U.S. Food and Drug Administration’s recommendations on food consumption  for at-risk groups, which can be found here. 

If you are not at home when your delivery arrives, the courier will generally leave the package for you at  your door, unless other delivery instructions have been communicated to you. The products may be  packaged with insulated liners and dry ice and will typically remain cold and fresh for several hours], but  depending on the season and temperature in your geographic area at the time of delivery, advance  planning by you should be made for immediate and proper storage of your products prior to  consumption. Any individual at the delivery address who accepts a delivery from us is presumed to be 

authorized to receive such delivery. In cases in which you have designated an alternative receiver, such  person shall accept the delivery under all of the same terms and conditions that would apply had you  accepted the delivery yourself. 

NO RESALE 

You are not permitted to resell or otherwise use the products or services for commercial purposes. DISCLAIMER; LIMITATION OF LIABILITY 

You acknowledge that TangenDraw does not guarantee or warrant that files available for downloading  from the Internet or the Site, and any personal information you provide to us over the Site, will be free  of viruses or other destructive code, or that it will not be vulnerable to sabotage, hacking or other  unauthorized access by third parties. You agree to and do hereby irrevocably waive any claims against  TangenDraw, its officers, directors, employees, contractors, agents, licensors, suppliers, successors and  assigns, that may result from the unauthorized access, use or disclosure of information in such files,  including but not limited to any claims for invasion of privacy, defamation, libel, slander, or other  damages to person or reputation. You are responsible for implementing sufficient procedures and  checkpoints to satisfy your particular 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.  YOUR USE OF THE SITE, ITS CONTENT OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK.  THE SITE, ITS CONTENT AND THE PRODUCTS OR SERVICES PROVIDED BY THIS SITE ARE PROVIDED ON AN  “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR  IMPLIED. TANGENDRAW 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. THE FOREGOING  DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE  LAW. 

IN NO EVENT WILL TANGENDRAW, ITS AFFILIATES OR ITS OR THEIR LICENSORS, SERVICE PROVIDERS,  EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,  CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES ARISING FROM LOSS OF REVENUE, LOSS OF  PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF  

DATA. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES, YOU AGREE THAT YOUR EXCLUSIVE  REMEDY IS TO RECOVER DIRECT DAMAGES FROM THE FOREGOING PARTIES UP TO THE AMOUNT  YOU’VE SPENT ON THE SITE FOR THE MONTH DURING WHICH THE LOSS OR BREACH OCCURRED (OR UP  TO $10.00 IF YOUR USE OF THE SITE WAS FREE). THE FOREGOING DOES NOT AFFECT ANY LIABILITY  WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

INDEMNIFICATION 

You agree to defend, indemnify and hold harmless TangenDraw, its affiliates, licensors and service  providers, and its and their respective officers, directors, employees, contractors, agents, licensors,  suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,  losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (1) your  use of the Site, including use of its content, and (2) your violation of these Terms of Service, our Privacy 

Statement, our Shipping and Returns Policy, any other terms or rules applicable to the Site, any rights of  any other person or entity, or any applicable laws, rules or regulations. 

GOVERNING LAW 

All disputes relating to the enforcement of any rights arising from the Terms of Service shall be governed  by and construed in accordance with the internal laws of the State of Montana without giving effect to  any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or  related to, these Terms of Service or the Site shall be instituted exclusively in the federal or state courts  in Gallatin County, Montana, and you hereby irrevocably submit to the exercise of in personam jurisdiction over you by such courts in connection with any such proceeding. 

INTERNATIONAL USE 

We control and operate the Site solely from the United States, and you may only purchase products for  delivery to an address located in the United States.. If you choose to access this Site from outside the  United States, you do so at your own initiative and are responsible for compliance with local laws, if and  to the extent local laws are applicable.  

RISK OF LOSS 

Products purchased from or through our Site may be shipped by a third party carrier, and subject to that  carrier’s requirements for, e.g., entering a compliant address and shipping charges. As a result, title and  risk of loss for any products shipped to you will pass to you upon our delivery to the carrier, and we  cannot guarantee any particular delivery date and are not responsible for any delays. 

WAIVER AND SEVERABILITY 

No waiver by TangenDraw of any term or condition set forth in these Terms of Service shall be deemed a  further or continuing waiver of such term or condition or a waiver of any other term or condition, and  any failure of TangenDraw to assert a right or provision under these Terms of Service shall not constitute  a waiver of such right or provision. If any provision of these Terms of Service is held by a court or other  tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision  shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of  Service will continue in full force and effect. 

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE 

If you believe any material available via the Site infringes a copyright, you should notify us using the  notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond  expeditiously to remove or disable access to the material claimed to be infringing and will follow the  procedures specified in the DMCA to resolve the claim between the notifying party and the alleged  infringer who provided the material. Please send all infringement notices under the DMCA to info@tangendraw.com. We will disable or terminate accounts of users who are repeat infringers. 

TERMINATION AND ACCESS RESTRICTION 

TangenDraw reserves the right, in its sole discretion, to terminate your access to the Site and the related  services or any portion thereof at any time, without notice. You agree that no joint venture, partnership,  employment, or agency relationship exists between you and TangenDraw as a result of these Terms of Service or use of the Site. TangenDraw’s performance under these Terms and Conditions is subject to  existing laws and legal process. 

ADDITIONAL ASSISTANCE 

If you do not understand any of these Terms of Service or if you have any questions or comments, you  may contact us at info@tangendraw.com