Terms of Use


Welcome to www.tushmate.com. The www.tushmate.com website (the "Site") is comprised of various web pages operated by Elma Products LLC (collectively "we," "us," or "our"). “Product(s)” means any products listed as shopping items on the Site. The Site is offered to you conditioned on your acceptance without modification of the Terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.

Privacy

Your use of the Site is subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

The nature of electronic communications means that your communications may be susceptible to data corruption, interception and delays. Neither we nor our affiliates, nor any of our officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors or the like, warrant continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control.

We do not warrant that the Site, its servers, or emails sent from the Site are free of viruses or other harmful components. You agree to have sole responsibility for adequate protection of your data and/or equipment used in connection with the Site and will not claim against us for lost data, re-run time, data corruption, communication interception, inaccurate output, work delays or lost profits resulting from any use of the Site.

Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your account. We and our associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use this Site only with permission of a parent or guardian.

Placing an Order

Information contained on the Site constitutes an invitation to treat. No information on the Site constitutes an offer by us to supply any Product(s). By placing an order via the Site, you make an offer to purchase the Product(s) you have ordered on these Terms and conditions. We may or may not accept your offer at our absolute discretion. Upon receipt of your order, we will verify the availability of the Product(s) and your credit card or other payment details. We have not accepted your offer and are not obliged to supply the Product(s) until we have shipped the Product(s) and sent an order confirmation to you by email.

Supply of Product(s)

Information contained on the Site constitutes an invitation to treat. No information on the Site constitutes an offer by us to supply any Product(s). By placing an order via the Site, you make an offer to purchase the Product(s) you have ordered on these Terms and conditions. We may or may not accept your offer at our absolute discretion. Upon receipt of your order, we will verify the availability of the Product(s) and your credit card or other payment details. We have not accepted your offer and are not obliged to supply the Product(s) until we have shipped the Product(s) and sent an order confirmation to you by email.

Price and Payment

Pricing of Product(s) shall be the price as stipulated on the Site at the time when you place an order with us. All prices are shown in United States dollars exclusive of tax and shipping costs and United States Dollars are the only acceptable payment currency. Other currencies are listed for reference purposes only.

We will take all reasonable precautions to keep the details of your order and payment secure but we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.

We use PayPal to provide the highest level of security for payments processed through the Site. PayPal ensures your security by encrypting the connection when transmitting banking information on the network, and by safeguarding your financial data throughout the ordering and payment process.

Please note that if the security department suspects fraud, we have the right to cancel the transaction for security reasons. In most cases, you will be notified of authorization or fraud issues, if they occur, before you complete the check-out process. Orders from the Site may be paid using credit card, debit card, or PayPal. Your credit card data is only sent securely to PayPal and is not seen by us. For details of PayPal security see PayPal Security.

Delivery

Product(s) will be delivered to the delivery address provided by you. We will use our discretion in selecting a reputable carrier and appropriate means of delivery. Risk of loss and damage of Product(s) passes to you on the date when the Product(s) is/are despatched by us to the carrier. Any dates quoted by us for the delivery of Product(s) are estimates only and shall not form part of the contract. We aim to deliver promptly, however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the Product(s) within the estimated delivery time.

We will not be responsible for any tariffs, customs restrictions, customs clearance, or other regulations that apply in countries outside the USA. It is the responsibility of you to pay the charges levied by the authorities and observe the respective regulations of the country in which you receive the Product(s). If an order shipment is undeliverable, the Product(s) ordered by you will be returned to us at your expense, as stock available for sale to other customers. The returned Product(s) can be sold to other customers and we shall have no obligation to reserve or re-deliver the returned Product(s) to you.

Warranty/Return Policy

Please review our Warranty / Return Policy which governs any purchases made via the Site.

Links to Third Party Sites/Third Party Services

The Site may contain links and/or advertisements to other websites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through such websites, or made available through these resources or appearing in such websites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites. We have not investigated, monitored or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked website on the Site does not imply approval, acceptance, or endorsement of the linked website or any of the products and services made available through such website by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any websites which you may access through the Site, the content thereof, or the products and/or services made available through such websites. If you decide to leave the Site and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms of use. As a condition of your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of us or our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Our content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of us and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of us or our licensors except as expressly authorized by these Terms.

International Users

The Service is controlled, operated and administered by us from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use our Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Elma Products LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any Terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELMA PRODUCTS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ELMA PRODUCTS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

ELMA PRODUCTS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELMA PRODUCTS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELMA PRODUCTS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

We reserve the right, in our sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of the Site. Our performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by us with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and us with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

We reserve the right, in our sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.