These Terms of Service govern access to the TYMGLO website and purchases made directly through it.
By accessing the website, creating an account, or submitting an order, the user agrees to these Terms.
A user who does not agree must not use the website.
Eligibility
A customer must be at least 18 years old or the legal age of majority in the customer’s jurisdiction to place an order.
By using the website, the customer represents that the customer has the legal capacity to enter into a binding agreement.
Permitted use
The website may be used only for lawful, personal, and non-commercial purposes unless TYMGLO authorizes otherwise in writing.
A user may not:
- Violate applicable law;
- Interfere with website operation or security;
- Attempt unauthorized access;
- Introduce malicious code;
- Circumvent access controls;
- Scrape or extract content through automated means;
- Submit false information;
- Impersonate another person;
- Commit or facilitate fraud;
- Infringe intellectual-property or privacy rights;
- Purchase products for unauthorized resale;
- Reverse engineer website software; or
- Use the website or a product for an unlawful purpose.
TYMGLO may suspend, restrict, or terminate access for any lawful reason.
Customer accounts
The user is responsible for:
- Providing accurate information;
- Keeping information current;
- Protecting account credentials;
- Restricting access to the user’s account and devices; and
- Activity occurring through the account.
TYMGLO may suspend or terminate an account where it reasonably suspects unauthorized, unlawful, fraudulent, or abusive activity.
Product information
TYMGLO may change product packaging, features, specifications, components, accessories, prices, availability, and website content without notice.
TYMGLO makes reasonable efforts to present product information accurately. However:
- Screen settings may affect colors;
- Packaging may change;
- Minor manufacturing variations may occur;
- Measurements may be approximate;
- Images may include items not included with the purchase; and
- Descriptions may be corrected or updated.
The customer is responsible for reviewing the product page, instructions, warnings, compatibility requirements, and restrictions before purchase and use.
Orders
An order constitutes an offer to purchase.
An automatic order confirmation confirms receipt but does not constitute final acceptance.
TYMGLO may accept, reject, limit, or cancel an order for any lawful reason.
Purchase limits and resale
TYMGLO may limit quantities per person, household, account, payment method, shipping address, or transaction.
Products are intended for personal use unless TYMGLO authorizes resale in writing.
TYMGLO may reject or cancel orders that appear intended for unauthorized resale, export, distribution, or commercial use.
Promotions
Promotions may be subject to:
- Expiration dates;
- Minimum purchases;
- Product exclusions;
- Geographic restrictions;
- Quantity limits;
- Single-use restrictions; and
- Additional conditions displayed with the promotion.
Unless expressly stated otherwise, promotions:
- Cannot be combined;
- Cannot be transferred;
- Cannot be redeemed for cash;
- Cannot be applied retroactively; and
- May be canceled where affected by error, fraud, abuse, or unauthorized distribution.
Website availability
TYMGLO does not guarantee that the website, account system, checkout, inventory display, application, connectivity, or other service will be uninterrupted, secure, accurate, or error-free.
TYMGLO may modify, suspend, or discontinue a website feature or service without notice, subject to applicable law.
Intellectual property
All website content, including trademarks, trade names, logos, product names, text, photographs, graphics, video, design, software, and layout, is owned by or licensed to TYMGLO.
No content may be copied, reproduced, modified, distributed, displayed, sold, licensed, or commercially exploited without prior written authorization.
No license is granted except the limited right to access and use the website in accordance with these Terms.
Reviews and user content
A user submitting a review, photograph, video, comment, suggestion, testimonial, or other content represents that:
- The user owns or controls all necessary rights;
- The content is not false or misleading;
- The content does not violate applicable law;
- The content does not infringe third-party rights; and
- Any material incentive or relationship has been properly disclosed.
The user grants TYMGLO a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, adapt, translate, publish, distribute, display, and create derivative works from the content for lawful business purposes.
TYMGLO may remove or decline to publish content at its discretion.
Third-party services
The website may use or link to services supplied by third parties, including:
- Payment processors;
- Warehouses and fulfillment providers;
- Shipping carriers;
- Hosting providers;
- Ecommerce providers;
- Analytics providers;
- Advertising platforms;
- Social networks;
- Mobile applications; and
- Customer-support providers.
Third parties operate under their own terms and privacy policies.
TYMGLO is not responsible for the independent acts, omissions, availability, content, security, or policies of third parties, except where applicable law requires otherwise.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE, CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TYMGLO DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS THAT MAY LAWFULLY BE DISCLAIMED.
TYMGLO DOES NOT WARRANT THAT:
- THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE;
- INFORMATION WILL ALWAYS BE COMPLETE OR ACCURATE;
- A PRODUCT WILL MEET A CUSTOMER’S SUBJECTIVE EXPECTATIONS;
- A CONNECTED FEATURE OR NOTIFICATION WILL ALWAYS OPERATE;
- A THIRD-PARTY SERVICE WILL REMAIN AVAILABLE; OR
- USE OF A PRODUCT WILL PRODUCE A PARTICULAR RESULT.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, TYMGLO AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS EXCLUSION INCLUDES, TO THE FULLEST EXTENT PERMITTED BY LAW:
- LOSS OF PROFITS;
- LOSS OF REVENUE;
- LOSS OF DATA;
- LOSS OF USE;
- BUSINESS INTERRUPTION; AND
- THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, TYMGLO’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PRODUCT, ORDER, WEBSITE USE, OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO TYMGLO FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.
These exclusions and limitations do not apply to liability that applicable law does not permit TYMGLO to exclude or limit.
Indemnification
To the fullest extent permitted by law, the user agrees to indemnify, defend, and hold harmless TYMGLO and its members, managers, employees, contractors, and agents from third-party claims arising from:
- The user’s unlawful conduct;
- The user’s violation of these Terms;
- The user’s misuse of a product;
- The user’s infringement of another party’s rights; or
- Content submitted by the user.
This provision does not require a consumer to indemnify TYMGLO for TYMGLO’s own unlawful conduct.
Informal dispute resolution
Before filing a legal claim, the customer must send written notice to support@tymglo.com containing:
- The customer’s name;
- The applicable order number;
- A description of the dispute;
- Relevant supporting information; and
- The requested resolution.
The parties will make a good-faith effort to resolve the dispute informally.
This requirement does not prevent a party from seeking urgent relief or taking action necessary to preserve a legal claim.
Governing law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict-of-law principles.
This choice of law does not deprive a consumer of mandatory legal protections that cannot lawfully be waived.
Venue
To the fullest extent permitted by law, a court proceeding arising from these Terms or a purchase completed through the website must be brought in a state or federal court with jurisdiction in or serving Sheridan County, Wyoming.
This provision does not eliminate a forum or right that applicable law does not permit the parties to waive.
Force majeure
TYMGLO is not liable for delay or failure caused by circumstances outside its reasonable control.
Severability
If any provision is determined to be unlawful or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will continue in effect.
No waiver
Failure to enforce a provision does not waive TYMGLO’s right to enforce that provision later.
Assignment
The user may not assign these Terms without TYMGLO’s written consent.
TYMGLO may assign or transfer its rights and obligations in connection with its business, financing, restructuring, merger, acquisition, or sale of assets.
Changes
TYMGLO may update these Terms by posting a revised version with a new effective date.
Changes will apply prospectively unless applicable law requires otherwise.
Entire agreement
These Terms and the policies incorporated into them constitute the entire agreement concerning use of the website and purchases made directly through it.