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Terms of Use

Introduction

Welcome to http://tengtoolsusa.com (the “Site”). The Site is owned and operated by Manta PC Tools USA Inc. and its affiliates. These terms and conditions (“Terms”) govern your use of the Site, including any purchases made from the Site. Your compliance with these Terms is a condition to your use of the Site. In addition, by placing an order, you agree to these Terms. If you have already placed your order and no longer want to be bound to these Terms, then please contact Order Help and cancel your order. You may also return your purchase in accordance with our Returns and Refunds Policy. For a description of our privacy practices and policies, please review our Privacy Policy which is expressly incorporated herein by reference.

Accuracy and Integrity of Information

Although we try to ensure the integrity and accuracy of the Site, we unfortunately cannot guarantee the correctness or accuracy of the Site or its content. It is possible that the Site may include typographical errors, inaccuracies, or other errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In some cases, dimensional measurements may be rounded. In the event that you find an inaccuracy, please let us know so that we are able to correct it.

Access to Site and User Accounts

While you may use our Site without registering, some areas and features of our Site require you to establish a user account with a user ID and password and be logged into your account. Creating an account is free, but you must be at least 18 years old. If necessary, we may ask you for proof of age. Please do not share or disclose your user ID or password to any third party. You are fully responsible for all activity that occurs under your user ID. We reserve the right to revoke your access to the Site, suspend your account, and/or delete any of your Content.

Purchases

You may purchase products by using our Site, and we accept all major credit cards issued by U.S. banks. If you purchase any products, you agree to do so in accordance with the instructions provided on the Site, and you agree to comply with any additional terms that may be provided in the order.

Orders placed are not complete until confirmed by us. Unfortunately, we may need to reject or cancel an order for various reasons including, without limitation, restrictions on quantities available for purchase, inaccuracies or errors in product or pricing information, or issues identified by our Digital Experience Department. We promise to contact you if there are any problems with your order, in the event your order is cancelled, or if additional information is required to complete your order. If your order is cancelled after your credit card has been charged, we will issue a credit to you in the amount of the charge.

Title to purchased tools passes to you when the tool is shipped. Please let us know as soon as possible if anything is missing, wrong, or damaged with your tool order. We will do our best to resolve the matter. Please see Returns and Refunds Policy and Replacements sections below for further information.

Returns and Refunds Policy

Any unused and unopened tool purchased from tengtoolsusa.com may be returned to us within 30 days of the purchase date. If you're returning items as a result of our error, we'll cover the cost of return shipping; otherwise, we'll deduct $5 from your refund amount.

In order to receive a refund, please visit the Returns page of the Site. Complete the steps and submit the required information on these pages. Please indicate on the Returns page if you are returning a tool because it is defective so that we can provide you a free replacement or full refund. Within one business day of receiving your return information, we will provide you a return shipping label to the email address you provide us. You must use this return shipping label, or some other form of traceable shipment that includes your issued return reference number, to send your products back to us. We will process your return and issue qualified refunds within ten business days of receiving your returned items at our facility.

In some rare cases, special rules may apply or certain tools may have a modified return policy. Please note the return policy on your packing slip or on the Site, if applicable. Damaged tools or returns without receipts or the packing slip may be denied a refund or exchange. Unfortunately, we cannot assume responsibility for misdirected or lost shipments.

Changes to or Discontinuation of Tools

To better serve our customers or for any other reason, we may elect to make changes in tool design or construction at any time. Given the nature of tools, in most cases, we cannot incorporate such changes in tools previously sold. We may choose to discontinue the manufacture or offering for sale of any tool on the Site. Please check the Site for tool availability.

Submissions, Reviews, Feedback, and other Postings to the Site

If you submit, upload, or post any comments, ideas, suggestions, information, files, images, or other materials to us, or if you submit any materials through third party services, such as by tagging us on Instagram (collectively, “Submissions”), you agree to and hereby do grant us a royalty-free, irrevocable, and fully transferable right and license to use the Submissions at our discretion and to use your name as provided in connection with your Submission or as set forth in your account. Please do not provide any Submissions that

are abusive, unlawful, obscene, or harmful, or that could encourage criminal or unethical behavior,

violate or infringe the intellectual property or privacy rights of any person or entity, or

contain or transmit a virus or any other harmful component.

We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to, any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services.

Trademark Notice

“TENG TOOLS” and the TENG TOOLS logo and any other TENG TOOLS product or service names, logos, domain names, and other marks are all the registered and unregistered trademarks of Teng Tools, and may not be used in whole, or part, including without limitation in any metatags or other “hidden text,” without our written consent. Please do not use our marks or any third-party marks without our permission.

Indemnification

You agree to defend, indemnify, and hold us harmless from and against all third-party claims, damages, and expenses (including reasonable attorneys’ fees) against or incurred by us arising out of your breach of these Terms or violation of applicable law, any of your Submissions, your use or access of the Site, or access by anyone accessing the Site using your user account.

Links to Other Sites

We make no representations whatsoever about any other website that may be identified on or accessed through this Site. When you access a third-party website, please note that such website is independent from Teng Tools USA and Manta PC Tools USA Inc., and that we have no control over that website or any content therein. In addition, the inclusion of a link to a third-party website does not mean that we endorse or accept responsibility for the content of or the use of the linked website. If you decide to access any of the third-party websites linked by or referenced on this Site, you do this entirely at your own risk and you acknowledge that such websites are subject to their own terms and privacy policies. Any reference to third parties or their products or services does not constitute or imply endorsement, sponsorship, or recommendation by us.

Our Site

The Site is protected by United States and international copyright and trademark laws, and together with any material made available for download, any content, files, code, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (collectively, the “Content”) may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved, in writing, by us. You may not frame or utilize framing techniques to enclose, or deep link to, our names, trademarks, service marks, logos, Content, or other proprietary information without our express written consent.

You are also prohibited from violating or attempting to violate the security of the Site, including, without limitation:

accessing data not intended for you or logging onto a server or an account for which you are not authorized to access;

attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

accessing or using the Site or any portion thereof without authorization, in violation of these Terms or in violation of applicable law. Violations of system or network security may result in civil or criminal liability.

Disclaimer of Warranties

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

WARRANTIES, IF ANY, RELATING TO TOOLS PURCHASED THROUGH THE SITE CAN BE FOUND ON THE SITE, IN DOCUMENTATION SHIPPED WITH THE TOOL, OR BY CONTACTING US. THERE ARE NO OTHER WARRANTIES FOR THE TOOLS. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN OR THEREIN, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Descriptions of tools contained on the Site are for the sole purpose of identifying the tools and shall not be construed as an express warranty.

Limitation of Liability Regarding Use of Site

Teng Tools USA, Manta PC Tools USA and third parties mentioned on this Site are not liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating, directly or indirectly, in any way to the sale, handling, or use of tools, the Site, Site-related services, content or information contained within the Site, and/or any linked website, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. Your sole remedy for dissatisfaction with the Site, Site-related services, and/or linked websites is to stop using the Site and/or those services. To the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of Teng Tools USA or Manta PC Tools USA to you with respect to your use of this Site is $100.

Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Site, including any products or services ordered or purchased through the Site. However, there may be rare cases where we may not be able to resolve an issue to your satisfaction. In such cases, you and Teng Tools USA agree that any dispute, claim, or controversy arising out of or relating in any way to your use of the Site, including products or services sold or made available through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. By agreeing to these Terms, you agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Teng Tools USA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and Teng Tools USA. The arbitration shall take place at a location in Houston Texas, U.S. that is reasonably convenient for the parties, or another location that is mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of these Terms or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.

YOU AND TENG TOOLS USA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless you and Teng Tools USA both agree in writing, the arbitrator may not consolidate more than one person’s claims with your claim, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Contact Us

If you have any questions, concerns, complaints, or suggestions regarding this Site or our tools, or otherwise wish to reach us, we can be contacted by phone at 713-366-8099, by email at techsupport@tengtoolsusa.com or by mail at the following address:

ATTN: Customer Service, Teng Tools USA, 1900 West Loop South, Ste 1550, Houston, TX 77027

Miscellaneous Terms

We reserve the right, in our sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. These Terms will be construed according to, and the rights of the parties will be governed by, the laws of the State of Texas, without reference to its conflict of laws rules. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between you and Teng Tools USA pertaining to the subject matter hereof. In our sole discretion, we may from time to time revise these Terms by updating this page. Your continued use of the Site or any purchase made thereon constitutes your acceptance of such modified terms. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms are personal to you, and you may not assign them, transfer them, or sublicense them without our prior written consent. However, we may assign, transfer, or delegate any of its rights and obligations under these Terms without your consent, and will not provide you with notice of any such event by email or by conspicuously posting the notice on the Site.