Welcome to Tambot.com (hereinafter, “the Site”). The Site is maintained by The People’s Cab, LLC (hereinafter, “Tambot”), a California Limited Liability Company, as a service to our customers. By using the Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use the Site.
You acknowledge and agree that:
- the products you may order through the Site are not produced or manufactured by Tambot, but by third parties;
- Tambot does not warrant that the products you may order through the Site will be suitable for your intended purposes;
- You will read the information available on the packaging and inserts of the products sold through the Site, including instructions, warnings, and precautions for proper use of the products, and will use the products only as instructed;
- You should discuss any questions or concerns about use of the products sold through the Site with a physician or licensed health care professional;
- You should call 911 or seek emergency medical assistance if you are experiencing a medical emergency relating to the products sold through the Site;
- Your use of the products sold through the Site is at your sole risk;
- Tambot reserves the right to limit quantities of the products you purchase through the Site, for any reason and at our sole discretion.
4. Your Account
If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and password, and restricting access to your computer. You agree to assume liability for all activities pertaining to the use of your account. You acknowledge that Tambot is not responsible for third party access to your account resulting from theft or misappropriation, and Tambot reserves the right to refuse or cancel service and terminate accounts at any time and in our sole discretion.
5. Sales Policy.
Please refer to Tambot’s Sales Policy for the terms, conditions, and policies applicable to your ordering and purchasing of products and services from Tambot as well as returns, exchanges and shipping of products ordered from Tambot. Tambot’s Sales Policy applies to all purchases made as a result of using the Site. Please review Tambot’s Sales Policy for any changes before any purchase as Tambot reserves the right to change the Sales Policy at any time.
The Site and the content contained therein shall continue to be the property of Tambot and is protected by applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any part of the Site or the content contained therein is prohibited, except as expressly permitted in the Agreement.
7. Trademarks and Intellectual Property.
Tambot and the Tambot.com logo are trademarks of Tambot. All other content on the Site are either trademarks, service marks, domain names, logos, company names or indicia of origin or are otherwise the property of Tambot or its affiliates or licensors. In countries where any of the Tambot trademarks, service marks, domain names, logos, company names or indicia of origin are not registered, Tambot claims other rights associated with unregistered trademarks, service marks, domain names, logos, trade names, company names and indicia of origin. You may not use any trademark, service mark, domain name, logo, company name, trade name or indicia of origin of Tambot without permission from Tambot. You may contact Tambot by sending an e-mail to firstname.lastname@example.org to request written permission to use trademarks, indicia of origin or materials on the Site for purposes other than stated in the Agreement or for all other questions relating to the Site. Under no circumstances will you acquire any ownership rights or other interest in the Site or the content contained therein by or through your use of the Site. All rights not expressly granted are reserved.
8. Intended Audience.
This website is intended for use by individuals 13 years of age or older. If you are under the age of 18, you may use the Site and Tambot’s services only with the permission of your parent or guardian and only if such parent or guardian consents to be bound by the Agreement.
You may not use the Site, register an account or use Tambot’s services under any circumstances if you are less than 13 years old.
9. Site Use.
Tambot grants you a limited, revocable, nonexclusive license to use the Site solely for your own personal shopping purposes only and not for republication, distribution, assignment, sublicense, sale, commercial use, preparation of derivative works, or other use. You may not use or access the Site or Tambot’s services for any commercial purpose. You agree not to copy the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. Any use of the Site or the content or materials contained therein, other than as specifically authorized in this Agreement, without the prior written permission of Tambot, is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Tambot reserves the right, without notice and in its sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.
10. Compliance with Laws.
You agree to comply with all applicable federal and local laws regarding your use of the website. You further warrant that any information provided by you to Tambot is, to the best of your knowledge, truthful and accurate.
You agree to indemnify, defend and hold Tambot and our partners, employees, independent contractors, agents and affiliates, harmless from any liability, loss, claim and expense, including attorney's fees, related to: (a) your violation of this Agreement; (b) your use of the Site (c) your inability to use this Site; (d) your violation of any rights of another; (e) any misuse by you of the products ordered through this Site; or (f) your conduct in connection with the Site.
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENENT PERMITTED BY APPLICABLE LAW, TAMBOT DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT AS TO THE SITE AND THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
13. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL TAMBOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF OR INABILITY TO USE THE SITE, OR THE CONTENT CONTAINED ON THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL USE OF THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
14. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice sent to Tambot at email@example.com containing all of the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- 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 authorized to act on the copyright owner's behalf.
If you knowingly misrepresent in your notice to Tambot that certain materials or activities are infringing, you may be held liable for any damages, including costs and attorneys' fees, incurred by Tambot or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
15. Applicable Law.
You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern the Agreement and any dispute that may arise between you and Tambot or its affiliates.
Any action or proceeding related to or arising out of any dispute between you and Tambot or its affiliates shall be brought and maintained exclusively in a court of competent jurisdiction in the county of Los Angeles, California.
If any provision of the Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Tambot may terminate the Agreement or your access to the Site at any time, with or without prior notice to you, for any reason and at Tambot’s sole discretion. Tambot may also block or prevent your future access to, and use of, the Site.
18. Contact Information.
Please feel free to contact Tambot with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact Tambot by e-mail at: firstname.lastname@example.org.
19. Effective Date.