Terms of Use
READ CAREFULLY. This Terms of Use Agreement (“Terms of Use” or “Agreement”) applies to You (“You”) and Your (“Your”) use of TandemLane.Com (“Site”). The Site is the property of TandemLane, LLC, a New Jersey Limited Liability Company (“Tandem Lane” or “We”) together with its parents, subsidiaries, affiliates and designees. Tandem Lane is a subscription-based monthly care package service for the elderly.
Tandem Lane reserves the right, at its sole discretion, to change, add, or remove portions of the Terms of Use, at any time and without notice. It is Your responsibility to review the Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes will mean that You accept and agree to the changes. You agree that all purchases by You will be subject to the Terms of Use. As long as You comply with the Terms of Use and any such modifications, Tandem Lane grants You a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use the Site.
Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in the Privacy Policy, You must disclose certain personally identifiable information to use the Site, register and make purchases. As a condition of registering with the Site or making any purchases of any products and/or services or conduct any transactions, You represent that You have first read the Privacy Policy and consent to the collection, use and disclosure of Your personally identifiable information and non-personally identifiable information as described in the Privacy Policy. The Privacy Policy may change from time to time, and as a condition of browsing the Site, using any features or making any purchase, You agree that You will first review the Privacy Policy prior to making any purchases. While Tandem Lane takes reasonable steps to safeguard and to prevent unauthorized access to Your information, Tandem Lane cannot be responsible for the acts of those who gain unauthorized access to the Site, or Your information, and Tandem Lane makes no warranty, express, implied, or otherwise, that Tandem Lane will prevent unauthorized access to Your information. IN NO EVENT SHALL TANDEM LANE NOR ITS SUBSIDIARIES, AFFILIATES OR DESIGNEES NOR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AFFILIATES, LICENSEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS, OR THE LIKE (COLLECTIVELY, “ASSOCIATES”) NOR THEIR SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND REGARDLESS OF WHETHER TANDEM LANE WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Intended Users. The Site is intended for use by individuals over the age of eighteen (18). The Site is not intended for use by children under the age of eighteen (18). Users of the Site under the age of eighteen (18) requires the assistance of a parent or guardian.
Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, Discover, JCB, or American Express. In the future, Tandem Lane may accept other methods of payment. Your card issuer agreement governs your use of your designated card, and You must refer to that agreement and not the Terms of Use to determine Your rights and liabilities as a cardholder. You agree to pay all valid fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. You are responsible for paying any valid governmental taxes or fees imposed on your purchases, including, but not limited to, sales, use, excise, value-added tax (VAT), or other similar taxes.
Shipping. All orders placed on this Site are subject to product availability and will be shipped according to Tandem Lane’s shipping policies. In the unlikely event that Your order never arrives, notification of lost items must be received within sixty (60) days from receipt of the shipping confirmation. In the unlikely event that you received the wrong product from which you ordered, notification must be received within ten (10) days of receiving the product.
Order Acceptance Policy. Your receipt of an electronic order confirmation or other form of order confirmation does not signify Tandem Lane’s acceptance of Your order, nor does it constitute confirmation of Tandem Lane’s offer to sell. Tandem Lane reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. Tandem Lane further reserves the right any time after receipt of Your order, without prior notice to You and for any reason, to supply less than the quantity You ordered of any item. Your order will be deemed accepted by Tandem Lane upon its delivery of products or services that You have ordered. Tandem Lane may require additional verifications or information before accepting any order.
No Responsibility To Sell Mispriced Products Or Services. Tandem Lane shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Tandem Lane shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card has been charged. If Your credit card has already been charged for the purchase and Your order is canceled, Tandem Lane shall issue a credit to Your credit card in the amount of the charge. Your card issuer’s policies will dictate when this amount is credited to Your credit card.
Modifications to Prices or Billing Terms. TANDEM LANE RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
Indemnification. You agree to indemnify and hold harmless Tandem Lane and its affiliates and their successors and assigns, and other Users from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or related to Your use of the Site, Your violation or alleged breach of the Terms of Use, Your dispute with another User, the unauthorized access to the Site using Your credit card, or Your violation of any law, regulation, or third-party right.
DISCLAIMER OF WARRANTIES. By using the Site, You expressly agree that use of the Site is at Your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither Tandem Lane nor its Associates warrant that use of the Site will be uninterrupted or error-free. Neither Tandem Lane nor its Associates warrant the accuracy, integrity, or completeness of the content provided on the Site or the products or services offered for sale on the Site. Further, Tandem Lane makes no representation that content provided on the Site is applicable to or appropriate for use in all locations and for all persons. Tandem Lane and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title and merchantability or fitness for a particular purpose. No oral advice or written information given by Tandem Lane or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to You.
LIMITATION OF LIABILITY. Under no circumstances shall Tandem Lane or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from Your use of or inability to use the Site, including but not limited to reliance by You on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort, or any other claim, even if an authorized representative of Tandem Lane has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
TANDEM LANE IS NOT RESPONSIBLE FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS WE SELL AND/OR SHIP. YOU AGREE TO HOLD TANDEM LANE FREE FROM ANY AND ALL LIABILITY IN TORT, CONTRACT, OR ANY OTHER LEGAL THEORY FOR ANY AND ALL HARM THAT ARISES FROM THE CONSUMPTION AND/OR USE OF THE PRODUCTS TANDEM LANE SELLS AND/OR SHIPS. YOU AGREE TO HOLD TANDEM LANE FREE FROM ANY AND ALL DAMAGES ARISING FROM THE CONSUMPTION OF AND/OR USE OF ANY PRODUCTS TANDEM LANE SELLS AND/OR SHIPS.
Termination. Tandem Lane may terminate Your order or access to the Site at any time, for any reason, without notice, in its sole discretion. You are personally liable for all orders placed and charges incurred prior to termination. YOU AGREE THAT TANDEM LANE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR TERMINATION OF YOUR ACCESS TO THE SITE OR YOUR ORDER. Tandem Lane reserves the right to change, suspend, or discontinue any or all aspects of the Site at any time, without notice, in its sole discretion. If You become dissatisfied with the Site, Your only recourse is to immediately discontinue use of the Site.
DISPUTE RESOLUTION, BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. THROUGH USE OF THIS SITE YOU ARE GIVING UP RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF DISPUTES THAT YOU OR TANDEM LANE MAY HAVE WITH EACH OTHER THROUGH INDIVIDUAL ARBITRATION INSTEAD OF THROUGH COURT TRIALS, JURY TRIALS, OR CLASS ACTIONS. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
This Section is intended to be interpreted broadly to encompass all disputes or claims arising out of this Agreement, or Your purchase, or use of any product or service from Tandem Lane.
ANY DISPUTE OR CLAIM MADE BY YOU AGAINST TANDEM LANE ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR YOUR PURCHASE OR USE OF ANY TANDEM LANE SERVICE OR PRODUCT REGARDLESS OF WHETHER SUCH DISPUTE OR CLAIM IS BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY (TOGETHER, A “DISPUTE”) WILL BE RESOLVED BY INFORMAL NEGOTIATIONS OR THROUGH BINDING ARBITRATION, AS DESCRIBED BELOW.
Informal Negotiations. To expedite resolution and control the cost of a Dispute, you and Tandem Lane agree to first attempt to resolve a Dispute informally for at least thirty (30) days before initiating any arbitration. Such Informal Negotiations will commence upon written notice from one party to the other. You must send Your notice to Info@TandemLane.com. Please include in the subject line of the email “Request to Negotiate.”
Arbitration Procedures. If You and Tandem Lane are unable to resolve a Dispute through Informal Negotiations, either You or Tandem Lane may elect to have a Dispute resolved by binding arbitration by notifying the other party of such election, only if not satisfied with the remedy after informal negations are complete.
YOU AND TANDEM LANE AGREE THAT IN THE EVENT EITHER PARTY ELECTS TO ARBITRATE, THE ARBITRATOR(S) DECISION SHALL BE BINDING. FURTHERMORE, ALL PARTIES TO THE ARBITRATION PROCEEDING AGREE AND CONSENT THAT ALL ARBITRATION PROCEEDINGS SHALL BE HELD IN HUDSON COUNTY IN THE STATE OF NEW JERSEY.
You and Tandem Lane agree to waive the right to litigate any Dispute in court and before a jury, and agree that this Arbitration provision will be governed by the Federal Arbitration Act to the maximum extent permitted by law. You and Tandem Lane further agree that any arbitrator that arbitrates a Dispute under this provision is without jurisdiction to conduct a class arbitration or other representative proceeding, and may not consolidate one person’s claims with another.
You and Tandem Lane agree that all issues of enforceability of this Agreement to Arbitrate – including issues relating to scope, validity, and unconscionability – will be decided by the arbitrator. If for any reason this Arbitration Provision is deemed inapplicable or invalid, You and Tandem Lane both waive, to the fullest extent allowed by law, the right to a jury trial and any claims relating to a Dispute to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
The Arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Procedures”), both of which are available at the AAA website www.adr.org, or which may be acquired by calling the AAA at 1-800-778-7879.
Any Arbitration will be confidential, and neither You nor Tandem Lane may disclose the existence, content, or results of any Arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
If any portion of this Arbitration Provision is determined by a court or the arbitrator to be inapplicable or invalid, then the remainder shall still be given full force and effect.
No delay or failure to take action under the Terms of Use shall constitute any waiver by Tandem Lane of any provision of the Terms of Use. If any provision of the Terms of Use is found to be invalid or unenforceable under applicable law, it shall be severed from the Terms of Use, and the remaining provisions of the Terms of Use shall continue in full force and effect. The Terms of Use will bind and inure to the benefit of Tandem Lane successors and assigns. Any Dispute under the Terms of Use shall be brought within one (1) year after the date of which the cause of action arises.
Costs of Arbitration. Payment of all arbitrator fee’s, expenses, and administrative fees (which include filing and hearing fees) shall be paid for by the Party electing to Arbitrate. Where not in conflict with any of Tandem Lane’s Terms of Use, the Arbitration procedure will be governed by the American Arbitration Association.
In all Arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.
Assignment, Delegation, Transferability. The Terms of Use is personal to You and may not be transferred, assigned or delegated to anyone. Any attempt by You to assign, transfer or delegate the Terms of Use shall be null and void. Tandem Lane may freely assign the Terms of Use without consent or notice.
Notice. Except as expressly stated otherwise, all notices shall be given to Tandem Lane or its Affiliates or their successors or assigns at Info@TandemLane.com or to You at the email address You provide to Tandem Lane. Notice shall be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. The Terms of Use (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive Agreement between Tandem Lane and You, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations of liability, shall survive the termination of the Terms of Use.
Privacy Policy
We take Your privacy seriously, and we want You to know how we collect, use, share and protect Your information.
This Privacy Policy tells You:
• What information we collect
• How we use that information
• How we may share that information
• How we protect Your information
INFORMATION WE COLLECT; Information You Give Us. We receive and may store any information You enter on our Site. For example, we collect information from You when You place an order and use any of our services.
The information we collect from You includes things like:
• Your name
• Your mailing address
• Your e-mail address
• Your phone number
• Your credit card number and other payment information
It may also include information You give us about other people, such as the name and address of a gift recipient.
Automated Information Collection. To help us understand and enhance our interactions with You, we may permit web analytics and other providers to collect and process information on our Site using the technologies described above. We also may share personal information with those providers.
Areas of our Site and applications therein may collect certain information, such as the type of mobile device used, or Your specific geographical location. To allow any application to identify Your location, You must enable this functionality through Your mobile device's settings to allow the use of technologies such as Wi-Fi, GPS signals, cell tower position, or other technologies. Tandem Lane has no control over Your device's settings.
HOW WE USE THE INFORMATION WE COLLECT. We use the information we collect for things like:
• Fulfilling orders and requests for products, services or information
• Processing returns
• Tracking and confirming online orders
• Delivering products
• Marketing and advertising products and services
• Conducting research and analysis
• Communicating things like special events and surveys
We will retain Your information for as long as needed to provide You services, comply with our legal obligations, resolve disputes, and enforce our agreements.
HOW WE SHARE THE INFORMATION WE COLLECT. Tandem Lane does not sell, rent or trade Your personal information to third parties.
We may share Your information with third parties to perform services on our behalf such as:
• Fulfilling orders
• Delivering packages
• Scheduling
• Sending marketing communications
• Fulfilling subscription services
• Conducting research and analysis
Sometimes we may be required to share personal information in response to a regulation, court order or subpoena. We may also share information when we believe it is necessary to comply with the law. We may also share information to respond to a government request or when we believe disclosure is necessary or appropriate to protect the rights, property or safety of Tandem Lane, our customers, or others; to prevent harm or loss; or in connection with an investigation of suspected or actual unlawful activity. We may also share personal information in the event of a corporate sale, merger, acquisition, dissolution or similar event.
HOW WE PROTECT THE INFORMATION WE COLLECT. We use reasonable security measures to protect the confidentiality of personal information under our control and appropriately limit access to it. Tandem Lane cannot ensure or warrant the security of any information You transmit to us and You do so at Your own risk.
We use a variety of information security measures to protect Your online transactions with us. The Site uses encryption technology, such as Secure Sockets Layer (SSL), to protect Your personal information during data transport. SSL protects information You submit via our website such as ordering information, including Your name, address, and credit card number.
PROTECTING CHILDREN'S PRIVACY. We are committed to protecting children's privacy on the Internet, and we do not knowingly collect personal information from children under the age of thirteen (13).
LINKS TO OTHER WEBSITES. Our websites link to other websites, many of which have their own privacy policies. Be sure to review the privacy policy on the website You are visiting.
THIRD PARTY APPLICATIONS. Tandem Lane at times uses third party applications to process areas of the Site, including but not limited to; Credit Card processing services for payments, and, FedEx, UPS, USPS, for shipping. Please refer to any and all third party application’s Terms of Use and Privacy Policy prior to using their applications.
PRIVACY POLICY UPDATES. We may need to update our Privacy Policy as Tandem Lane changes. If We make material changes, including any change in ownership or uses of Your personal information, We may notify You by the email you have provided, or by means of a notice on this Site, prior to the change becoming effective, as well as inform You of any choices You may have with respect to these changes.