Our Terms of Service is an agreement that sets forth rules that Tempo, and you, visitors of our site, agree to. Our Terms of Service are designed to protect both of us from visitors to our site that may use our website for purposes other than we intended. Our Terms of Service also outline our obligations to you when you use our Site. We encourage you to read both policies and let us know if you have any questions.
Tempo Distribution LLC ("Tempo") collects personal information on our website at tempobicycles.com. This Policy does not cover your use of the Tempo device or mobile application. Tempo takes security seriously and we care about the integrity of your personal information. What information Tempo collects and what Tempo does with that information is outlined in this policy. This information is used to provide our users and customers with the best service and allows us to understand how visitors navigate our Site. By visiting the Site and using our services (e.g., ordering our products, contacting us, etc.) you agree that your personal information will be handled as described in this Policy. Your use of our Site and services, and any dispute over privacy, is subject to this Policy and our Terms of Service. Our Terms of Service are incorporated by reference into this Policy.
We collect information from you when you verify your credit card, place an order, arrange for a delivery or return a purchase, or otherwise interact with our Site and services or contact. The type of information that we collect from you depends on your interaction with our Site and our services, but may include the following:
You may choose to submit your email address via a submission form located on our Site. Your email address may be used to send you news about Tempo, including promotions. We may use one or more service providers to administer these messages. Tempo does not share your email address with spammers or any other non-affiliated third parties for their own marketing purposes without your permission. If you feel you have received an email from us in error, please contact firstname.lastname@example.org.
Our Site does not knowingly collect or store any personal information about children under the age of 13.
We use your information for the following purposes:
We do not sell your personal information to third parties for their own marketing purposes. We will share your information, including your personal information, with third parties to assist us in providing our services to you and for certain legal purposes. Specifically, we may share your information as follows:
Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.
We may use Flash Local Storage Objects ("Flash LSOs") to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser.
For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site to, among other things, track the activities of Site visitors, help us manage content, and compile statistics about Site usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
In addition, in some of our email messages, we use a "click-through URL" linked to content on the Tempo website. We track this click-through data to help us measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
We currently do not honor browser requests not to be tracked on our Site. Through third parties, however, you do have the option not to be tracked for purposes of advertising. Please see the section regarding "Third Party Ad Networks" below for additional information.
We use third parties such as network advertisers, including Google Analytics, to display advertisements on other websites. Through a process called "retargeting," also known as "remarketing," network advertisers place a cookie on your browser that allows us to show you ads on other sites based on your previous activity on our Site. These services do not collect personal information from you.
Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Site or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites accessible by the above links.
Additionally, we use the Google Analytics features for Display Advertising , including Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager integration, and Google Analytics Demographics and Interest Reporting. Using the Ads Settings, you can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads. You can also install the Google Analytics opt-out add-on to your browser to prevent your data from being collected by Google Analytics.
We invite you to post content on our Site, including your comments, pictures, and any other information that you would like to be available on our Site. If you post content to our Site, all of the information that you post will be available to all visitors to our Site. If you post your own content on our Site or Services, your posting may become public and Company cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.
Our Site and Services may contain links to third-party websites as well as social media features such as Facebook and Twitter. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We do not control what information these websites collect.
The Tempo website is hosted in the United States. If you are accessing the site from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer.
We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Please note that no method of transmission over the Internet or electronic storage is 100% secure, and we recommend that you also take steps to prevent your personal data such as signing off after using a shared computer, keeping any log-in information and password private.
We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
This website is operated by Tempo Distribution LLC ("Tempo" or "Company"). Tempo offers this website, including all information, tools and services available on or through this site to you, the user ("you", "your"), conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Please read these Terms of Service ("Terms of Service", "Terms") carefully before accessing or using our website. By visiting the site, accessing or using information, tools and services available on this site (collectively, the "Service") you agree to be bound by these Terms of Service, including those additional terms and conditions and policies referenced or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Unless otherwise specified in additional terms applicable to such new features, any new features or tools which are added to the Service shall also be subject to these Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to any part of the Service following the posting of any changes constitutes acceptance of those changes; if you do not agree with any of the updated Terms, you must stop using the Service.
By using the Service, you represent that you are at least the age of majority in your state or province of residence, or if you are under 18 years of age but are at least 13 years old (a "Minor"), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent's or legal guardian's permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Tempo if the Minor breaches any of these Terms. If you are not at least 13 years old, you may not use the Service at any time or in any manner or submit any information to Service. A breach or violation of any of the Terms will result in an immediate termination of your Services.
In conjunction with the Service, Tempo may present information and content that is copyrighted and/or trademarked work of Tempo or Tempo's third-party licensors and suppliers or other users of the Service, including but not limited to, logos, graphics, video, images, product information, pricing information, and product specifications, as well as commentary, advertisements, and other third party content (collectively, "Tempo Content"). Subject to the terms and conditions of these Terms of Service, and your compliance with these Terms of Service, Tempo hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Tempo Content and to use the Service solely for your personal use. Except for the foregoing license, you have no other rights in the Service or any Tempo Content and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Service or Tempo Content in any manner.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to modify, suspend or discontinue the Service (or any part or content thereof) or discontinue any product at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Any offer for any product or service made on this site is void where prohibited.
If applicable, you agree to pay all fees for orders you place with us based on our then-current fees, charges, and billing terms. If you have a balance due on any account, you agree that Tempo or our third party payment processor may, and you hereby authorize Tempo and its third party processors to, charge such unpaid fees, any applicable tax and any other charges to your credit card, debit card, or other payment method accepted by Tempo and/or its third party processors, or otherwise bill you for such unpaid fees or other applicable charges. If you do not pay any amount due on time, or if Tempo and/or its third party processors cannot charge your credit card, debit card, or other payment method for any reason, we, in addition to any other rights or remedies it may have, reserve the right to either immediately suspend or terminate your access to all or a portion of the Service. Tempo is not liable for any loss caused by any unauthorized use of your credit card, debit card or any other method of payment by a third party in connection with your use of the Service. Tempo reserves the right to change its billing methods at any time; any changes to billing methods will be posted on or through the Service. Your continued use of the Service after the changes have taken effect means that you accept such changes.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
YOU AGREE THAT Tempo WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY. Any reference on the Service to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Tempo's endorsement or recommendation.
You are responsible for the information, opinions, messages, comments, and other content or material that you submit, upload, post or otherwise make available on or through the Service (each "User Generated Content"). You may not upload, post or otherwise make available on or through the Service any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any of your User Generated Content. You have full responsibility your User Generated Content, including its legality, reliability and appropriateness.
You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any User Generated Content posted by you to or through the Service.
When you provide User Generated Content you agree that such User Generated Content shall not be in violation of the "Prohibited Use" paragraph below. Those prohibitions do not require Tempo to monitor, police or remove any User Generated Content or other information submitted by you or any other user, though we may monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
If you send or transmit any communications, comments, questions, suggestions, or related materials to Tempo, whether by letter, email, telephone, or otherwise (collectively, "Feedback"), suggesting or recommending changes to the Service, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and Tempo is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Tempo is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
When using the Service, you agree to abide by common standards of etiquette and act in accordance with the law. For example, you agree not to:
This list of prohibitions provides examples and is not complete or exclusive. Tempo reserves the right to (a) terminate access to your account, your ability to post to use the Service, and (b) refuse, delete or remove any User Generated Content; with or without cause and with or without notice, for any reason or no reason, or for any action that Tempo determines is inappropriate or disruptive to the Service or to any other user of the Service. Tempo may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Tempo's discretion, Tempo will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Service or on the Internet.
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
Tempo and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
Your use of this Service is at your own risk. Tempo does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. The Service, Tempo Content and User Generated Content have not been verified or authenticated in whole or in part by Tempo, and they may include inaccuracies or typographical or other errors. Tempo does not warrant the accuracy or timeliness of the Tempo Content contained on this Service and Tempo has no liability for any errors or omissions in the Tempo Content or User Generated Content, whether provided by Tempo, our licensors or suppliers or other users.
Tempo, FOR ITSELF AND ITS SUPPLIERS AND LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICE OR ANY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OR THROUGH THE SERVICE. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND Tempo MATERIALS, AND ANY INFORMATION OR CONTENT CONTAINED OR PRESENTED ON OR THROUGH THE SERVICE, IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. Tempo DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
IN NO CASE SHALL Tempo, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR PURCHASE OF PRODUCTS OR DISPLAYING, COPYING, OR DOWNLOADING ANY CONTENT TO OR FROM THE SERVICE. IN NO CASE SHALL Tempo, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICE OR RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Tempo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time upon notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Tempo controls and operates this Service from its headquarters in the United States of America and the Tempo Content and products offered through the Service may not be appropriate or available for use in other locations. If you use this Service outside the United States of America, you are responsible for following applicable local laws.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
A failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The laws of the State of Wyoming will govern these Terms of Service, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods and Uniform Computer Information Transactions Act do not apply to this Agreement.
Tempo Distribution LLC
1712 Pioneer Avenue Suite 1841
Cheyenne, Wyoming, 82001