Terms of Service
The following terms and conditions constitute a legally binding contract (this “Agreement”) between you (“you”, “your” or “user”) and Twisted Engineering, LLC., its subsidiaries and aﬃliated companies collectively (“Twisted Engineering”, “we”, “our”, “us”, etc.) that governs all use by you of any websites, social media sites, pages, e-newsletters, surveys, forums, ratings and reviews, accounts and applications owned, operated or licensed by or on behalf of Twisted Engineering (the “Site”), and the services available on or at the Site (taken together with the use of the Site, the “Services”). Twisted Engineering manufactures, sells, and ships products (“Products”) directly to our customers (“Customers”).
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this agreement, do not use the site or any other services.
SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST TWISTED ENGINEERING IN THE UNITED STATES.
In order to enjoy all of Twisted Engineering’s beneﬁts, you may register your account and become a member (“Member”). Membership requires that you register on the Site (including by truthfully ﬁlling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user’s Twisted Engineering account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Twisted Engineering immediately of any breach of security or unauthorized use of your account. Although Twisted Engineering will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Twisted Engineering and others due to such unauthorized use.
Twisted Engineering may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users which Twisted Engineering has already confirmed. Twisted Engineering may also impose limits on certain features and Services or restrict the User’s access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Twisted Engineering that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to Twisted Engineering that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions. All rights not expressly granted herein are expressly reserved by Twisted Engineering.
Without aﬀecting orders for European Economic Area Users which Twisted Engineering has already conﬁrmed Twisted Engineering reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modiﬁcations will become eﬀective immediately after Twisted Engineering posts them on the Site. You shall be responsible for reviewing and becoming familiar with all such modiﬁcations, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modiﬁcations made to this Agreement. Use of the Site and other Services by you after Twisted Engineering posts the modiﬁcations on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modiﬁed. If you do not agree to the modiﬁed terms, you are not authorized to access or use the Site or other Services, and you must send Twisted Engineering a written notiﬁcation, including via email (and your Twisted Engineering account will be deleted), to close your account within 30 days of notice.
Correction of Errors and Inaccuracies. The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
- Trademarks. The trademarks, service marks, brand names, and logos appearing on the Twisted Engineering Sites (“Marks”) are owned or licensed by Twisted Engineering, or otherwise used with the express permission of its affiliated owner. Nothing herein shall be construed as granting any license or right to use the Marks without the express written permission of the owner. You may not frame or utilize framing techniques to enclose any Marks or use any meta tags or any other “hidden text” utilizing the Marks without the express written consent of Twisted Engineering.
- Copyrighted Works. Copyrights in content provided on the Twisted Engineering Sites, including, but not limited to, images, video, photos, electronic art, animations, graphics, sounds, audio, information and data, communication programs, electronic mail services, and user interfaces, executable code, and data formatted, organized, and collected in a variety of forms, including layouts, pages, screens, directories, and databases (hereafter “Copyrighted Works”) are exclusively owned or licensed by Twisted Engineering, and are protected by U.S. and international copyright laws. Except as stated herein, you agree that you will not copy, reproduce, modify, alter, create derivative works from, distribute, display, post, or transmit any Copyrighted Works (except for your personal, private, non-commercial use) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Twisted Engineering and any appropriate third party as applicable.
- Intellectual Property. Twisted Engineering respects your work and empowers you to express your voice and ideas. However, we also require that you respect the work and creative rights of others. You need to either own the Content you post to Twisted Engineering, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
- Responsibility for Contributed Content. You understand that you are solely responsible for the Content that you post on or through the Services. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own all trademarks, service marks, trade dress, and trade names incorporated into the Content you post, or if you are not the owner, that you have express authority and written permission to use, post, and reproduce such marks, trade dress, and trade names in connection with any Content and the Services provided under this Agreement.
- Permission to Use Contributed Content. Twisted Engineering agrees that any Content posted by you using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
- Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise oﬀensive or in violation of any part of this You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
- Reporting Unauthorized Content. Twisted Engineering respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
- Infringement of Trademark, Copyright, or Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. Twisted Engineering will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. When we receive proper notice of trademark, copyright, or intellectual property infringement,Twisted Engineering strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material.
- DMCA Cooperation: Twisted Engineering’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are diﬀerent than set forth herein, Twisted Engineering’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.
- Counter DMCA Notifications: If Twisted Engineering receives a DMCA counter notification, Twisted Engineering will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Twisted Engineering of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of Twisted Engineering.
- Repeat Infringement: Twisted Engineering may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by Twisted Engineering at its sole discretion.
- News Media Reproductions. Images from the Twisted Engineering Image Gallery, videos from the Twisted Engineering Video Gallery, Product images, and logos provided in the Twisted Engineering Image Resource Library may be reproduced (but not modified or altered) by news reporting organizations for news reporting purposes, only with advance prior written permission from Twisted Engineering, and provided the reproduction is accompanied by notice that it has been reproduced with permission from Twisted Engineering.
- Don’t Use Our Services to Break the Law. You agree to use our Services only for lawful purposes, and that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Twisted Engineering. You are prohibited from posting on or transmitting through the Twisted Engineering Sites any material or content that is unlawful, harmful, threatening, abusive, harassing, defamatory, hateful, offensive, or that is otherwise objectionable, including, but not limited to, any material or content encouraging conduct that may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Furthermore, you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Twisted Engineering, another Twisted Engineering user, or a third party. You also agree that you are not the target of trade, ﬁnancial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Oﬃce of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom.
You also agree that you will not export, reexport, or otherwise transfer Twisted Engineering’s Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Twisted Engineering, any other Twisted Engineering Party (as deﬁned below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Twisted Engineering Parties”: (a) Twisted Engineering, (b) Twisted Engineering’s subsidiaries, aﬃliated companies, and joint ventures, and (c) the oﬃcers, directors, members, managers, equity holders, agents, and employees of Twisted Engineering and its subsidiaries, aﬃliated companies, and joint ventures.
- Don’t Try to Harm Our Systems. You agree not to interfere with, attempt to gain unauthorized access to, or try to disrupt our Services, our platforms, third party services, or other programs or systems our clients may use to access our Services. You further agree not to disseminate, store, or transmit viruses, Trojan horses, spyware, malware, or any other malicious code or program or engage in any other activity deemed by Twisted Engineering to be in conflict with the spirit or intent of this Agreement. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm any Twisted Engineering Party or expose any of them to liability. You agree that Twisted Engineering reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Twisted Engineering.
- Commercial Use Prohibited. You shall not make any commercial use of the Twisted Engineering Sites or their contents, product listings, descriptions, or prices. You further agree not to download or copy any content or product information for the benefit of any third party or use any data mining, robots, or similar data gathering and extraction tools. The Twisted Engineering Sites, or any portion thereof, may not be reproduced, duplicated, copied, displayed, sold, resold, visited, or exploited for any commercial purpose without the express written consent of Twisted Engineering.
- Follow Brand Guidelines. The name “Twisted Engineering”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Twisted Engineering in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Twisted Engineering does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Twisted Engineering that Twisted Engineering provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Twisted Engineering reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
- Communication Methods. Twisted Engineering will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment). Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following speciﬁc consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Aﬀairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact us at:
Twisted Engineering, LLC.
Customer Support Department
19210 Ruble Dr.
Houston, TX 77084
- Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we oﬀer and their intellectual property rights belong exclusively to Twisted Engineering. Digital items and any results may only be used in connection with the advertising, promoting, oﬀering and sale of Twisted Engineering’s Products and may not be used for other purposes or in conjunction with products from other
- Equipment. You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Twisted Engineering Sites including all hardware, software, electrical and other physical requirements for your use of the Twisted Engineering Sites, including, without limitation, telecommunications, Internet access connections, web browsers or other equipment, and programs and services required to access and use the Twisted Engineering Sites.
- Accessibility. You acknowledge and agree that at times the Twisted Engineering Sites may be inaccessible or inoperable for any reason whatsoever, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Twisted Engineering may undertake from time to time; or (iii) causes which are beyond the control of Twisted Engineering or which are not reasonably foreseeable.
- Content You Access. Users may come across materials that they ﬁnd oﬀensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. Twisted Engineering is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
- Services. Twisted Engineering is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that:
- the Services will be secure or available at any particular time or location – Twisted Engineering shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. Twisted Engineering shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at.
- any errors for which Twisted Engineering is responsible will be corrected;
- the Services will always be free of viruses or other harmful materials; or
- the results of using the Services will meet your expectations. You use the Services solely at your own risk.
- LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER TWISTED ENGINEERING NOR ANY OTHER TWISTED ENGINEERING PARTY SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU. THE LIABILITY OF THE TWISTED ENGINEERING PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
- Limited Warranty. We warrant that, at the time of delivery of a Product, the Product will not be materially defective or damaged (the “Limited Warranty”).
- Who May Use This Warranty? Twisted Engineering extends the Limited Warranty only to the Original Retail Purchaser (“Purchaser”). All Limited Warranty coverage terminates if the Purchaser sells or otherwise transfers a
- What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modiﬁcations to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, ﬁre, ﬂood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
- What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the Purchaser and shall remain in effect for the duration prescribed in our Warranty Policy) (the “Warranty Period”). For the avoidance of doubt, Twisted Engineering acknowledges that according to some jurisdictions the Purchaser may be entitled to a longer Warranty Period.
- What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, (unless otherwise stated in our Warranty Policy) either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the Purchaser along with the shipping fees corresponding to the defective or damaged
- How Do You Obtain Warranty Service? Promptly following delivery of a Product, the Purchaser will inspect the Product. If a Product is materially defective (including any error by our third party printing service) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Warranty Policy.
- LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN SECTION 6 OF THIS POLICY, AND OUTLINED IN OUR WARRANTY POLICY, ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
If you are a User residing in the European Economic Area, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Twisted Engineering, as well as any costs related to the delivery to you of the repaired or replaced product.
Violation of this Agreement or any other rules will result in the termination of your Twisted Engineering account. Twisted Engineering and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Twisted Engineering and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Twisted Engineering or submitted to Twisted Engineering, including without limitation information in Twisted Engineering collaborations, posts and in all other parts of the Twisted Engineering Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you oﬀ the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconﬁrmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing Twisted Engineering with accurate and truthful information (including but not limited to your name and surname). If you have provided Twisted Engineering with inaccurate or false information, (a) you shall be liable to Twisted Engineering for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Twisted Engineering, and (c) Twisted Engineering shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
You may choose to save your billing information to use it for all future orders and charges associated with Twisted Engineering Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in eﬀect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, oﬀer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are eﬀective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you conﬁrm it. You may then receive an email from us.
By placing an order through the Site, you are conﬁrming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to eﬀect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Twisted Engineering for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Twisted Engineering that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your ﬁnancial institution (including but not limited to credit card company) or payment service provider.
If you make any return which does not comply with our return policies (which are described here), you will reimburse Twisted Engineering for its losses, which consist of fulﬁllment costs and chargeback handling fees (up to $15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Twisted Engineering at its sole discretion may oﬀer you various discounts, as well as change, suspend or discontinue them at any time. You may ﬁnd more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Twisted Engineering may use or participate in.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, Twisted Engineering may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certiﬁcate such as Resale certiﬁcate, VAT ID or ABN.
Once you have conﬁrmed your order, it might not be possible to edit or cancel it. We are not bound to make such modiﬁcations to your order, but we will do our best on a case-by- case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to ﬁle any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Twisted Engineering will not make any refunds and will not resend the Product. For Users in the European Economic Area the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Twisted Engineering’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Twisted Engineering investigation and sole discretion.
While many component parts of our Products are standard, all Products available for purchase are described on their speciﬁc page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by our Product Partners as they apply.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the speciﬁcations of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.
We use our best eﬀorts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes. Twisted Engineering reserves the right to donate all damaged items, including custom commissioned pieces, with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be ﬁlled in precisely and accurately. Twisted Engineering will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact Twisted Engineering.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or diﬃcult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your speciﬁc delivery address.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and conﬁrming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.
Ownership of the Products will only pass to the Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
To the fullest extent permitted by law you release us and all other Twisted Engineering Parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suﬀered by any Twisted Engineering Party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Twisted Engineering (or for which Twisted Engineering provides no guarantees) under this Agreement, or (b) for which Twisted Engineering is otherwise indemniﬁed or released by you under this Agreement.
To the fullest extent permitted by law you will defend, indemnify, and hold Twisted Engineering and the other Twisted Engineering Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses of every kind and nature, known and unknown, incurred or suﬀered by the Twisted Engineering Parties, relating to or arising out of (a) your breach of this Agreement, (b) your use (or misuse) of our Services, (c) your Content, (d) the infringement by your Content or your account of someone else’s intellectual property or other rights, or (d) your violation of any law or the rights of a third party. We reserve the right to handle our legal defense however we see ﬁt, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conﬂict of laws rules. These laws will apply no matter where in the world you live or are located but if you are an User living in the European Economic Area or Switzerland the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, aﬀects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
“Disputes” means all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area or Switzerland against Twisted Engineering in European Economic Area. All Disputes shall be ﬁnally settled by ﬁnal and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in eﬀect at that time. The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can ﬁnd them here or by calling the AAA at 1–800–778–7879. The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless Twisted Engineering and you agree otherwise, any arbitration hearings will take place in Charlotte, North Carolina, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so. Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and Twisted Engineering acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases. You and Twisted Engineering agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND TWISTED ENGINEERING KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND TWISTED ENGINEERING WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND TWISTED ENGINEERING KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualiﬁes, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a ﬁnal decision by the arbitrator.
You and Twisted Engineering shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
Twisted Engineering will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in Twisted Engineering’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any ﬁre; ﬂood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulﬁll this Agreement.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Twisted Engineering at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then Twisted Engineering will ask for you permission beforehand.
If you have any questions about this Agreement, please contact us.
This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.
The version of this Policy is eﬀective January 21, 2021