These Terms and Conditions of Use (the “Terms of Use”) apply to the websites of Tension Envelope Corporation (“Tension”, “we” or “us”) and its subsidiaries and affiliates, including www.tension.com, https://tensionautomation.com, and all associated sites linked to https://tension.com by Tension, its subsidiaries and affiliates, including Tension sites around the world (collectively, the “Site”). We will refer to these sites collectively as “the Site.”
The Site is the property of Tension. Please read these Terms of Use carefully. They contain important information about your rights and obligations. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Terms of Use are Subject to Change
Tension may revise these Terms of Use at any time by updating this page. Such changes will be effective immediately upon posting. It is your responsibility to periodically visit this page to review the most current version of the Terms of Use. Your continued use of the Site following such change will indicate your acceptance of the Terms of Use. As long as you comply with these Terms of Use, Tension grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
The entire content of this Site, including, but not limited to text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (collectively, “Content”), is owned, controlled or licensed by or to Tensionfor your own personal, non-commercial use, Tension will grant you permission to use portions of this Site, provided that you do not change or delete any proprietary notices from downloaded or printed materials, or copy or post such information on any networked computer or broadcast it in any media, or make any representations or warranties relating to such documents. Any other use, including, but not limited to reproduction, distribution, display or transmission of the Site, is strictly prohibited unless authorized by Tension in writing in advance. This means, without limitation, that you may not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute, in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, any part of the Site or any Content without Tension’s express prior written consent
This Site is not a replacement for official information from the United States Postal Service (“USPS”). All references to the USPS in the Site represent Tension’s interpretation of current rules, regulations, processes, rates and other activities. On any specific issue of mailability and mail qualification, or concerning any such rules, regulations, processes, rates and other activities, speak with your postal representative. The information here is for information purposes only. Tension is not responsible for any decisions regarding mailing.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site, or to any Tension server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Tension reserves the right to bar any such activity.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Tension, including any Tension account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Tension’s systems or networks, or any systems or networks connected to the Site or to Tension.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Tension on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Tension or others.
Purchases–Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age and you are authorized to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the specific terms shall control with respect to your use of that portion of the Site or the specific service.
Tension’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Downloading Files
Tension cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
Claims of Copyright Infringement
Tension respects intellectual property and expects the users and visitors to the Site to do the same. In accordance with the Digital Millennium Copyright Act, Tension will investigate reports of alleged infringement and will take appropriate action to remove or disable access to any material found likely to be infringing.
If you believe Tension’s Web site infringes your copyright, please provide the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that has allegedly been infringed.
- A description of the copyrighted work that you believe has been infringed.
- The location on the Web site of this allegedly infringed material.
- Your address, telephone number and e-mail address and any other pertinent information sufficient to allow Tension to contact you.
- A statement by you that you have in good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
By fax: 816-283-1498
By email: info@tension.com
(Please include “notice of infringement” in the subject line.)
Our designated Copyright Agent to receive DMCA notices is:
Dale WertsLathrop GPM LLP
2345 Grand Blvd., Suite 2200
Kansas City, MO 64108-2618
Direct: 816.460.5828
dale.werts@lathropgpm.com
Ideas Submitted to Us
Any comments, suggestions, ideas, notes, drawings, concepts, designs or other material you offer to us through this Site will become our property. Please understand that we may have internal and external resources that have already developed, or will develop, ideas similar to your suggestions or comments. Without limitation, we will exclusively own all rights now known or hereafter existing to your suggestions and will be entitled to unrestricted use of the comments for any purpose whatsoever–commercial or otherwise–without compensation to you or any provider of the suggestions.
Inaccurate Customer Information
If, at any time, you believe that any information about you or your accounts or transactions with Tension (“Customer Information”) is inaccurate in any respect, you have the obligation to notify your Tension sales representative of such error, reasonably promptly, in writing, by electronic mail, fax or otherwise.
Product and Color Description
Due to limitations in the ability of electronic media to reproduce colors, the actual color of Tension’s products may differ from colors of products that appear on the Site. Tension is not responsible for color output of any specific product. If you are interested in a specific Tension product, you should contact a Tension sales representative to view actual product samples. Samples may not be available in all cases. Any references to rates, speeds, weights or performance are only estimates and vary from operation to operation, and are not a guarantee of actual performance. Envelope products may (a) have a maximum variation (plus or minus) of 1/8th of an inch from the specified size, or (b) vary somewhat in color, shade, finish, weight and cleanliness that originates at paper mills, without being deemed to be defective. Products that are commercially acceptable by industry standards will not be considered to be defective.
Submissions
You acknowledge that you, not Tension, have full responsibility for all Inventory Release requests, quote requests, comments, questions, feedback, information or other materials you submit to Tension through or in connection with this Site, including their accuracy, legality, reliability, appropriateness, originality and copyright restrictions. Any “Inventory Release Request” is subject to acceptance by Tension. Any Catalog Order Request you submit is subject to acceptance by Tension. Any Customer “Quote Request” is subject to acceptance by Tension.
Ordering Product
You understand that, although you can request Inventory Releases through this Site regarding a product subject to an order that has been accepted by Tension, you cannot, at this time, place new orders for Tension products through this Site. If you wish to submit a new order for Tension products, you should contact your Tension sales representative directly, and the order will be processed through Tension’s normal channels.
Priority
You agree that if these Terms of Use conflict with any provision of any other agreement between you and Tension, these Terms of Use will control.
Privacy
Tension’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Tension’s Privacy Policy, follow the link in the footer. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
Links to Other Sites and to the Tension Site
The Site may contain links to other, third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Tension’s control, and Tension is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You should contact those linked sites directly for information on their privacy, data collection and distribution policies. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
The Site and its Content are delivered on an “as-is” and “as-available” basis, and is subject to change without notice. Tension does not promise that the Site or any Content, service or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. Tension does not warrant that any files or other data you download from the Site will be free of viruses or contamination or destructive features. Tension disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. Tension disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the Site and/or any Tension services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against tension for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
The foregoing disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Tension reserves the right at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Tension be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Tension has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Tension is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site or any Content, Tension’s liability shall in no event exceed US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify, defend and hold harmless upon demand Tension, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tension by any third party due to or arising out of or in connection with your violation of these Terms of Use.
Violation of These Terms of Use
You acknowledge and agree that Tension may preserve any transmittal or communication by you with Tension through the Site or any service offered on or through the Site or sent directly, and may also disclose such data if required to do so by law or Tension determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Tension, its employees, users of or visitors to the Site, and the public.
You agree that Tension may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Site. If your violation will cause irreparable harm to Tension, for which monetary damages would be inadequate, you consent to Tension obtaining any injunctive or equitable relief that Tension deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Tension may have at law or in equity.
You agree that Tension may, in its sole discretion and without prior notice, terminate your access to the Site because of (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems, or any similar other reason.
You agree that Tension will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. If Tension takes legal action against you as a result of your violation of these Terms of Use, Tension will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Tension.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Kansas City, Missouri, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred, and any claim by you is subject to the Limitation of Liability set forth above. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
In the event of any controversy or dispute between Tension and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute prior to commencing litigation. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Tension reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you agree to the transfer of your information to or within the United States.
Miscellaneous
You may not use, export or re-export the Site’s Content or any product or service offered on the Site.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and Tension with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Tension with respect to such use are hereby superseded and cancelled.
Tension’s failure to enforce performance of these Terms of Use shall not be construed as a waiver by Tension of its rights under these Terms of Use, nor shall any course of conduct between Tension and you or any other party be deemed to modify these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Updates, Correction of Errors, and Inaccuracies.
The Site or Materials may contain typographical errors or other errors or inaccuracies and may not be complete or current. RR Donnelley therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update this Site or Materials at any time without prior notice. RR Donnelley does not, however, guarantee that any errors, inaccuracies or omissions will be updated or corrected.
Contact
Any feedback you provide at this site shall be deemed to be non-confidential. Tension shall be free to use such information on an unrestricted basis.
If you have any questions about these Terms, please send an e-mail to the Web Administrator using the Contact Us form.
The information contained in this web site is subject to change without notice.
Copyright (c) 2024 Tension Inc. All rights reserved.
