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Terms of Use Background

Terms of Use

General Terms of Use

 

In order to access or use this website you must first read and accept these terms of use (the “Terms of Use”). If you are accessing this website as an employee or representative of a company or organization, these terms of use are binding upon both you individually and that company or organization, and references to "you" or "your" shall apply to you individually and such company or organization.

 

Last Revised: March 2, 2018

 

Website Terms of Use

The following Terms of Use apply to all visitors to or users of www.TepuiTents.com ("the Website") and all other areas (except to the extent stated otherwise on a specific page) as provided by Tepui Outdoors, Inc. (“Tepui”). By accessing or using the Website, you accept and agree to be legally bound by these Terms of Use and any additional terms and conditions presented on the Website, including, but not limited to, those that relate to data privacy provided in the Privacy Policy, or specified Website Content, such as terms of sale, or other terms relating to transactions or activities with respect to products or services ("Additional Terms"). To the extent that there is any conflict or inconsistency between these Terms of Use and any Additional Terms respecting specific Website Content, the Additional Terms shall govern with respect to such Website Content.

You may not access or use the Website if you (a) do not agree to these Terms of Use or (b) are prohibited from accessing or using the Website or any Website Content by applicable law. Tepui reserves the right to change these Terms of Use from time to time at its sole discretion with or without prior notice. Your continued use of the Website after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes. Accordingly, you are advised to visit this page regularly in order to keep informed of any changes in these terms and conditions. In the case of any violation of these Terms of Use, Tepui reserves the right to seek all remedies available for such violations, whether by law, in equity or otherwise.

Your failure to follow these Terms of Use may result in suspension or termination of your access to the Website, without notice, in addition to other remedies available to Tepui.

Your agreement to these Terms of Use is personal to you and may not be assigned without the prior written consent of Tepui.

 

Disclaimer Of Warranties; Limitation Of Liability

Although Tepui has attempted to provide accurate information on the Website, it is your responsibility to review the information and determine its accuracy and applicability to you as an individual. Tepui assumes no responsibility for, and makes no representation or warranty of, the completeness, accuracy, reliability, timeliness or currency of the Website or any Website Content. Under no circumstances will Tepui be liable for any loss or damage, of any nature, caused by your reliance on, or use of information from, the Website. Tepui may change products or services mentioned at any time with or without notice.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE ADDITIONAL TERMS WITH RESPECT TO SPECIFIC SUBJECT MATTER OR AGREED TO BY TEPUI IN WRITING:

  • THE WEBSITE, AND ALL INFORMATION, DATA, MATERIALS AND OTHER CONTENT (INCLUDING, WITHOUT LIMITATION, ALL SERVICES AND SOFTWARE) PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE WEBSITE OR ANY WEBSITE CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF TEPUI, ITS AFFILIATES AND ITS LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION: OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT; OR WITH RESPECT TO THE OPERATION OR USE OF THE WEBSITE; OR OF THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, CURRENCY OR TIMELINESS OF ANY WEBSITE CONTENT; OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE.
  • NEITHER TEPUI, NOR ANY OF ITS AFFILIATES OR LICENSORS, REPRESENTS OR WARRANTS THAT THE WEBSITE, OR ANY WEBSITE CONTENT, SERVICES OR SOFTWARE INCLUDED ON OR OTHERWISE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE, OR ANY SERVERS HOSTING THE WEBSITE OR ANY WEBSITE CONTENT, OR ANY E-MAIL SENT BY OR ON BEHALF OF TEPUI, ARE OR WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE OR FREE OF VIRUSES, DISABLING DEVICES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL HAVE SECURE, TIMELY, CONTINUOUS OR UNINTERRUPTED ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE CONTENT, OR THAT ANY ERRORS OR DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR ANY WEBSITE CONTENT WILL BE CORRECTED.
  • NO ADVICE, STATEMENT OR INFORMATION BY OR ON BEHALF OF TEPUI, OR ITS AFFILIATES OR LICENSORS, WHETHER IN ORAL, WRITTEN OR OTHER FORM, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF USE.
  • ALL ACCESS TO AND USE OF THE WEBSITE OR OF ANY WEBSITE CONTENT IS AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL LOSSES AND DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF OR DAMAGE TO YOUR BUSINESS, COMPUTER SYSTEM OR DATA, THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY WEBSITE CONTENT.
  • NEITHER TEPUI NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES OR INJURY OF ANY KIND ARISING FROM OR IN CONNECTION WITH (A) THESE TERMS OF USE OR ANY OF THE ADDITIONAL TERMS, OR (B) THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, OR (C) ANY RELIANCE ON, USE OF, OR INABILITY TO USE THE WEBSITE OR ANY WEBSITE CONTENT, SERVICES OR SOFTWARE PROVIDED, GENERATED OR MADE AVAILABLE BY, WITH OR THROUGH THE WEBSITE OR ANY WEBSITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS, BUSINESS, BUSINESS OPPORTUNITIES OR REVENUES, LOSS OF GOODWILL OR REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, ANY LOSS, DELETION OR CORRUPTION OF, OR DAMAGE TO, HARDWARE, SOFTWARE OR DATA, ANY INCONVENIENCE OR BUSINESS INTERRUPTION, OR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, ENHANCED, TREBLED OR MULTIPLE DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT SUCH LOSSES OR DAMAGES ARE FORESEEABLE OR TEPUI OR ITS AFFILIATES OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
  • WITHOUT LIMITATION OF THE FOREGOING PARAGRAPH, TEPUI WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY ARISING FROM OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS OR OTHER HARMFUL CODE OR COMPONENT, OR ANY LINE FAILURE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS OR CATEGORIES OF DAMAGES, CERTAIN OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, TEPUI’S WARRANTIES, CONDITIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR".

Access To And Use Of Content - Limited License

You are hereby granted, subject to these Terms of Use, a limited, revocable, non-exclusive, non-transferable, fully-paid, royalty-free license solely to view the screens and materials on the Website and to print only such limited number of hard copies of discrete excerpts of those screens and materials as is needed for your own internal, non-commercial, non-public use in order for you obtain information presented on or through the Website (the "Website License"). Permitted access to and use of the Website is limited to your viewing the Website solely to access information displayed thereon. You are not permitted to download any Website Content.

Any access to or use of any screens, pages, text, graphics, designs, images, artwork, information, software, code, scripts, output, materials or other content available on or through the Website, or any collection, compilation, selection or arrangement thereof, including, but not limited to, photographs, images, videos, other material displayed on the Website (the "Website Content"), in any manner, to any extent, by any means, in any medium or for any purpose other than those expressly permitted in the Website License is expressly prohibited without the prior written consent of Tepui.

Your Website License is subject to the terms and conditions of these Terms of Use, including, without limitation, the Obligations and Restrictions set forth below. No right, license or permission is granted to you by these Terms of Use other than those expressed herein, including, but not limited to, any license or permission to copy, reproduce, distribute, publish, transmit, download, display in public, or modify the Website or any of the Website Content in any manner, to any extent, by any means, in any medium or for any purpose.

Obligations And Restrictions

You must be over the age of thirteen (13) to register as a visitor of the Website or otherwise submit or provide any personally identifiable information to Tepui.

By your access to or use of the Website or any Website Content, you agree that you will not yourself, and will not induce, assist, or cause others to, directly or indirectly, for any purpose, to any extent, by any means or in any form, format or medium whatsoever, whether now known or hereafter developed (including, but not limited to, via the Internet or any other public or private computer, communications or data network):

  • download, archive, store, copy, reproduce, compile, recompile, use, modify, adapt, translate or prepare any summaries, abstracts, derivative works or materials of the Website or any Website Content, in whole or in part (except that you may exercise the limited rights to access, view and print in accordance with these Terms of Use);
  • disassemble, decompile, reverse engineer or otherwise attempt to derive or extract the source code of any of the software comprised by the Website or any Website Content;
  • access, use, disclose, publish, transmit, display, distribute or provide or permit access to, in any way for any public or commercial purpose, the Website or any Website Content, or any modifications, adaptations, translations, summaries, abstracts or derivative works or materials thereof;
  • collect, compile or recompile any Website Content, including, but not limited to, photographs, product listings, descriptions, references, images, terms of purchase or sale, prices or other data, information or other content obtained or derived from or through the Website;
  • disclose, publish, transmit, display, distribute, or provide or permit access to any user name or identification, password, or access code, any Website Content designated as "Confidential", or any restricted-access portion of the Website or of any Website Content (each of the foregoing herein referred to as Tepui "Confidential Information"), in whole or in part, to any person or entity;
  • access, use, disclose, publish, transmit, display, distribute, provide or permit access to any Confidential Information, in whole or in part;
  • access, use, disclose, publish, transmit, distribute, display or provide or permit access to, the Website or any Website Content, in whole or in part, (i) to the detriment of Tepui, (ii) to, on behalf of, or for the benefit of any third-party, or (iii) for purposes of any public or commercial use or exploitation, including, but not limited to use by or for the benefit of any competitor of Tepui;
  • transfer, license, sublicense, sell, lease, rent, loan, trade, exchange or make any other public or commercial use or exploitation of the Website or any Website Content, or any modifications, adaptations, collections, compilations, recompilations, translations summaries, abstracts or derivative works or materials thereof, in whole or in part;
  • access or use the Website or any Website Content in any unlawful manner or for any unlawful purpose;
  • post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third-party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) is fraudulent, false, misleading or deceptive; (iii) is defamatory, obscene, pornographic, vulgar or offensive; (iv) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (v) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vi) promotes illegal or harmful activities or substances;
  • damage, disrupt, disable, inhibit, restrict, overload, overburden, or interfere with the operation, or others’ access to or use, of the Website or any Website Content;
  • attempt to gain any unauthorized access to the Website or any Website Content; access the Website or any Website Content by means other than the interface provided by Tepui or through the platforms or portals of persons expressly authorized to link to the Website; or conduct any data mining or harvesting, or use any robot, web crawler or other data mining, gathering or extraction software, tool, method or technology to obtain access to, or information, data or other content from or through, the Website; or
  • create or maintain any link between another website and this Website or any part hereof without Tepui’s prior written approval.

Any access or attempt to access other areas of the Tepui computer system or other information contained on the system for any purpose is strictly prohibited. Violations of the Website's system or network security may result in civil or criminal liability.

You acknowledge and agree that: (a) you will safeguard the confidentiality of the Confidential Information by taking all precautions with respect to the Confidential Information that you take to protect your own confidential and proprietary information, in no event using less than a reasonable degree of care; (b) you will immediately notify Tepui of any unauthorized access to or use of the Website or any Website Content or Confidential Information, including, but not limited to, your registration on the Website, password, user name or identification, access code or account; (c) except as otherwise expressly agreed by Tepui in writing, Tepui may at any time, in its sole discretion and with or without notice to you, revoke or modify, in whole or in part, your Website License and/or temporarily or permanently disable your access to the Website or any Website Content or Confidential Information; (c) if Tepui disables access to your account, you may be prevented from accessing the Website, some or all of the Website Content or Confidential Information, and/or your account information; and (d) all of your rights, licenses and permissions under these Terms of Use, including your Website License to access and use the Website and the Website Content, will terminate automatically and immediately if you violate any of these Terms of Use or any other terms and conditions of your agreement with Tepui respecting any specific content or feature of the Website; and (e) Tepui may take any action to enforce these Terms of Use or the Additional Terms or to protect against unlawful or improper access to or use of the Website or any Website Content or Confidential Information, including, but not limited to, terminating or suspending your registration for a service through the Website, blocking your access to some or all of the Website Content, contacting police or government authorities, and taking legal action against you.

Links

From time to time, other websites and sources may provide hypertext links ("Links") or otherwise refer to the Website. Similarly, the Website may include links or references to websites or sources provided by companies or persons other than Tepui. No such Links or references shall imply any relationship or connection between Tepui and the owner or operator of any other website or other source, or any sponsorship, endorsement, representation or warranty by Tepui of or respecting such website or other source, or its contents, owner, operator, data privacy policies or business practices. Tepui has no responsibility or liability to you arising out of or in connection with any such non-Tepui website or source, including, but not limited to, any use of or reliance upon any associated content, product, service or transaction. You understand, acknowledge and agree that all access to and use of any such non-Tepui website or source by you shall be at your own risk.

Registration Information

You may be required to register with and/or set up an account to use the Website. In this connection, you may be required to establish a user identification name, password, or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information that you provide is current and accurate. You further agree not to falsely identify yourself in any manner with respect to the Registration Information. You are responsible for maintaining the confidentiality of the Registration Information, and you agree to change any Registration Information which you have reason to believe is no longer secure (e.g. caused by identity theft). You are solely responsible for all activity on your account, including activity of any person who uses your Registration Information, with or without authorization, to access the Website. Your Registration Information may not be sold, licensed, or otherwise transferred without the written approval of Tepui.

Merchandise Sold On Or Through the Website

No warranties are made herein by Tepui, its affiliates or licensors, with respect to any of the products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Website. Products and services sold by Tepui through the Website are governed by the terms and conditions of sale and any agreements under which they are provided (including any warranty provisions contained therein). You agree that, other than as provided in a separate agreement, Tepui, its affiliates or licensors, are not liable or responsible to you with respect to any products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Website, including but not limited to illegal, offensive or illicit materials or items, even if such materials or items violate these Terms of Use. Transactions involving any third-party products, merchandise and/or services provided, featured, endorsed, sold or distributed on or through the Website shall be between the visitor and the third-party seller, distributor or manufacturer, without any involvement of Tepui, its affiliates or licensors.

Trademarks And Rights Of Publicity / Privacy

The trademarks, service marks, logos, domain names, page headers, button icons, graphics, color schemes, photographs and trade dress ("Marks") displayed on the Website are the exclusive property of Tepui, its licensors, or third-parties. You are not permitted to use these Marks without the prior written consent of Tepui or such third-party that owns the Mark.

Copyright And Other Intellectual Property Rights

You acknowledge and agree that:

  • All Website Content is the property of Tepui or its licensors and is protected by United States and international copyright and other intellectual property laws. All listings, collections and compilations of data or other content provided, generated or made available by, with or through the Website, are the original works and exclusive property of Tepui and are protected by United States and international copyright and other intellectual property laws. All software used on this Site is the property of Tepui or its software suppliers and is protected by United States and international copyright and other intellectual property laws. All rights are hereby reserved by Tepui subject solely to such limited Website License as is expressly granted and in effect pursuant to these Terms of Use. No act in respect of any portion of the Website or any Website Content shall constitute a transfer of any right, title or interest therein.
  • You will, and hereby do, irrevocably assign to Tepui and its successors and assigns all right, title and interest (including all copyrights and other intellectual property rights) in, to and under, all and any portion of any writings, expressions, compilations, recompilations, copies, reproductions, modifications, translations, improvements, edits, enhancements, adaptations, customizations, summaries, abstracts or derivative works, information or materials originated, created, compiled or developed by you or on your behalf that use or incorporate, or are based on or derived from, all or any portion of the Website or any Website Content (including any Confidential Information) in any electronic, written or other form, manner or medium now known or hereafter developed ("Website Modifications"). If any other person is deemed to possess any right, title or interest in, to or under any such Website Modifications (the "Author"), you will cause the Author irrevocably to assign all such right, title and interest to Tepui and its successors and assigns, or, to the extent that any such right, title or interest is inalienable under applicable law, you will cause the Author to waive and agree not to exercise any such right, title or interest against Tepui, its affiliates or licensors. If and to the extent that the foregoing assignments and waiver are deemed unenforceable or invalid, or otherwise fail to transfer to Tepui and its successors and assigns any such right, title or interest in respect of any such Website Modifications, you will and hereby do grant or cause to be granted to Tepui and its successors and assigns a fully-paid, royalty-free, exclusive, perpetual, irrevocable, transferable, worldwide right and license, with the right to sublicense, to use, copy, reproduce, modify, adapt, translate, collect, compile, recompile and prepare summaries, abstracts, derivative works, improvements, and enhancements of such Website Modifications, and to make any public, commercial or other use or exploitation of the foregoing, without identifying the Author or seeking the Author's prior consent.

You further agree:

  • to do nothing inconsistent with any of Tepui’s or its licensors’ intellectual property or other proprietary rights in respect of the Website or any Website Content or Confidential Information, or with any license or restrictions hereunder;
  • not to delete, edit, efface, mask, obscure or alter any part or aspect of the Website or any Website Content, or any copyright, trademark, patent, or other proprietary or confidentiality notice used or posted by Tepui in connection therewith; and
  • to take all reasonable steps (including, without limitation, the preparation, signing and delivery of any assignments and other documents or instruments) at Tepui’s request to perfect, evidence, record or enforce Tepui’s or its affiliates’ or licensors’ intellectual property or other proprietary rights in respect of the Website, Website Content or Confidential Information, Website Modifications or any modifications, adaptations, collections, compilations, recompilations, translations, summaries, abstracts or derivative works or materials thereof.

Privacy

Please click onto and review our Privacy Policy, the terms and conditions of which are incorporated by reference in these Terms of Use governing your access to and use of the Website. You agree to the use of your personally identifiable information and data in accordance with our Privacy Policy.

International Use

Tepui makes no representation that the Website or any Website Content is available to or appropriate for access or use outside the United States of America. Any access to or use of the Website or any Website Content in or from any territory or jurisdiction in which it is unlawful to do so is strictly prohibited. You agree that all such acts are at your own risk and that you will comply with all applicable rules, regulations and laws, including, without limitation, all laws and regulations in respect of export control.

 

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Website, please notify our Copyright Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim is being infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Website;
  • Information reasonably sufficient to permit Tepui to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Tepui’s Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:

Tepui Outdoors, Inc.

ATTN: Copyright Agent

2500 Rosedale Avenue, Soquel, CA 95073

ecurrid (at) tepuitents.com

 

For clarity, only DMCA notices should go to the Tepui’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to ecurrid (at) tepuitents.com.

Applicable Law

The laws of the State of California and the United States will govern these Terms of Use and any dispute of any kind between you and Tepui arising out of or in connection with these Terms of Use, or any subject matter hereof or thereof (including, but not limited to, any Website Content), without regard to principles of conflict of laws.

Disputes

Any dispute relating in any way to your access to or use of the Website, any Website Content, any products or services marketed, sold or distributed on or through the Website, or these Terms of Use, shall be adjudicated in any state or federal court in the State of California, Santa Cruz County, and you hereby irrevocably consent to the exclusive jurisdiction and waive all objections to the venue of those courts. Notwithstanding the above sentence, Tepui shall have the right to apply for an injunction or other emergency relief in any jurisdiction.

Equitable Relief

You understand and agree that money damages would not be an adequate remedy for any breach by you of these Terms of Use and that Tepui shall be entitled to equitable relief, including preliminary and permanent injunctions and specific performance, as well as recovery of its court costs, expenses and reasonable attorneys’ fees, if you breach or threaten to breach any provision hereof or thereof. Such remedies shall not be exclusive, shall be in addition to all other remedies available by law, equity or otherwise for your breach of these Terms of Use, and shall be available to Tepui without requirement that it post any bond or prove any actual damages.

Terms of Agreement; Severability

Except as otherwise expressly agreed to by Tepui in writing, these Terms of Use and the Additional Terms: (a) constitute the entire agreement between you and Tepui with respect to the subject matter hereof, including, but not limited to, your access to and use of the Website and the Website Content; and (b) supersede all prior representations and agreements, whether oral, written or other, between you and Tepui with respect to such subject matter.

No terms or conditions of any purchase order, agreement, offer, sales or order acknowledgment, or other document or communication that is different from, inconsistent with or contrary or in addition to these Terms of Use or any of the Additional Terms shall be of any force or effect unless accepted in writing by Tepui. The Additional Terms of your agreement with Tepui with respect to any specific content or feature of the Website are provided on Web pages and via links that will appear in or through your use of that content or feature. Certain Additional Terms can be found, for example, in our Privacy Policy.

If any provision of these Terms of Use or of the Additional Terms is held to be void, invalid or unenforceable in any jurisdiction, the provision shall be severable without in any manner affecting its validity or enforceability in any other jurisdiction or the validity or enforceability of the remaining provisions in that or any other jurisdiction. Such severed provision shall be deemed modified to the limited extent required to permit its enforcement in a manner that most closely reflects the intention of the parties as expressed in these Terms of Use and the Additional Terms.

Non-waiver

No failure or delay of Tepui to exercise or enforce any right, remedy or privilege shall constitute or result in any loss or waiver of that, or any other, Tepui right, remedy or privilege, in whole or in part.

Tepui Affiliates

Each of Tepui’s affiliates and licensors shall be third-party beneficiaries to these Terms of Use and the Additional Terms, and shall be entitled to directly rely on and enforce any provisions of these Terms of Use or Additional Terms which confer a benefit on or rights in favor of Tepui. No other person or entity shall be a third-party beneficiary to these Terms of Use or the Additional Terms.

Survival of Terms

All provisions of these Terms of Use and of the Additional Terms that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Website or any Website Content or Confidential Information, shall survive the revocation, expiration or termination, in whole or in part, of these Terms of Use or the Additional Terms, or any license hereunder or thereunder, however and whenever occurring.