Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Tusk website (the “Service”). These Terms govern the use of Tusk online and and any other online and mobile websites, blogs and interactive applications operated by Tusk Legacy, Inc. (“Tusk”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. These Terms represent a binding contract between you and Tusk, and by creating an account or otherwise accessing Tusk, you expressly agree to be bound by them, INCLUDING THE AGREEMENT TO ARBITRATE AND WAIVER OF CLASS ACTION CLAIMS. The Terms incorporate the provisions of the Privacy Policy and Payment Policy, so please review them carefully as well.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to use or purchase the Service.

Legal disclaimer

Information found on Tusk is general information which is designed to be helpful, but should not be construed as legal, tax or other professional advice. We've done our best to provide advice applicable to everyone, but we cannot guarantee the accuracy of this information for your case. You should consult an experienced attorney, tax professional or financial advisor for your particular situation.

Disclaimer

Your use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these above may not apply to you.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use the email or name of another person or entity. You may not use the identity of another person that is not permitted to use our service or that is not lawfully available for use.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.

You may choose to opt out of much of this email correspondence by using the links at the bottom of our emails.

Please note that even if you opt out, we’ll still send you account-related emails, such as purchase confirmation and password reset emails.

Termination and cancellation

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

While we hope you find value in Tusk, you may cancel your account at any time by contacting our customer support team.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Links to third-party websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Tusk.

Tusk has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Tusk shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Restrictions

We expect that you will not misuse our Services. The following are prohibited and are grounds for immediate termination of your Tusk account:

  • Impersonate another person or use another person's Tusk account information without authorization;
  • Violate or attempt to violate Tusk's security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Tusk systems and networks without our written permission;
  • Redistribute, decompile, reverse engineer, publish, or copy Tusk;
  • Use Tusk for the purpose of creating a product with a substantially similar look, feel or design;
  • Access or search Tusk by any means other than our publicly supported interfaces (e.g., "scraping");
  • Use Tusk or any trademarks, game names, trade names, service marks, copyrights, or logos of Tusk, in unsolicited mailings, spam material, contests or surveys, or to create the impression that these items are associated with you;
  • Violate any third party's rights, including intellectual property or privacy rights;
  • Engage in activity that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate.

Indemnification

You agree to defend, indemnify and hold harmless Tusk and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation of Liability

In no event shall Tusk, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the service; (ii) any conduct or content of any third party on the service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall the total liability of Tusk to you for all damages, losses, and causes of action (whether in contract or tort, but not limited to, negligence or otherwise) arising from the terms of your use of Tusk exceed, in the aggregate, $100.00.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide advance notice to you either by email, by posting a notification on our website or by posting an updated Terms on our website at least 30 days in advance of the effective date of the updated Terms. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us at hello@trytusk.com

Severability and Waiver

If any part of the Terms is held invalid or unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the Terms is not a waiver of its right to do so later.

Miscellaneous

The Terms are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms. If there is any conflict between the Terms and any additional terms, conditions, and rules posted by Tusk, the Terms shall govern, unless otherwise indicated.