Terms & Conditions
Welcome to Ten80Ten! These Terms and Conditions ("Terms") govern your access to and use of our website (ten80ten.com), services, and any related applications. By using our website and services, you agree to be bound by these Terms. If you do not agree, please do not use our services.
Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS OF USE (THESE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
1. Access to the Site
1.1 License.
Subject to these Terms, Ten80Ten grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use.
1.2 Certain Restrictions.
The rights granted to you in these Terms are subject to the following restrictions:
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
(b) You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site.
(c) You shall not access the Site in order to build a similar or competitive website, product, or service.
(d) Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means.
Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3 Modification.
Ten80Ten reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Ten80Ten will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance.
You acknowledge and agree that Ten80Ten will have no obligation to provide you with any support or maintenance in connection with the Site.
1.5 Ownership.
Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Ten80Ten or its suppliers. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Ten80Ten and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1.6 Feedback.
If you provide Ten80Ten with any feedback or suggestions regarding the Site ("Feedback"), you hereby assign to Ten80Ten all rights in such Feedback and agree that Ten80Ten shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Ten80Ten will treat any Feedback you provide as non-confidential and non-proprietary. You agree not to submit any information or ideas that you consider confidential or proprietary.
2. User Content
2.1 User Content.
"User Content" refers to any information or content submitted to or used with the Site by a user (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with its use, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of User Content that personally identifies you or any third party. You represent and warrant that your User Content does not violate our Acceptable Use Policy (outlined in Section 2.3). Ten80Ten is not obligated to back up any User Content, and it may be deleted at any time without notice. You are responsible for creating and maintaining backup copies of your User Content.
2.2 Submission of Information.
By submitting information to us, you understand and agree that we, our affiliates, or third parties providing services to us may contact you directly regarding your inquiries unless you request in writing not to be contacted. We are not obligated to contact you regarding your submissions but may do so at our discretion.
2.3 Acceptable Use Policy.
The following terms constitute our "Acceptable Use Policy":
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content:
(i) That violates any third-party rights, including intellectual property or privacy rights.
(ii) That is unlawful, harassing, abusive, threatening, harmful, invasive of privacy, vulgar, defamatory, false, misleading, trade libelous, obscene, offensive, promotes racism, bigotry, hatred, or physical harm, or otherwise objectionable.
(iii) That is harmful to minors in any way.
(iv) That violates any law, regulation, or third-party terms.
(b) You agree not to:
(i) Upload or distribute viruses, worms, or malicious software.
(ii) Send unsolicited advertising, spam, or other unauthorized communications.
(iii) Collect or harvest information about users without consent.
(iv) Interfere with the operation of the Site or networks connected to the Site.
(v) Attempt unauthorized access to the Site or related systems.
2.4 Enforcement.
We reserve the right to review, refuse, and/or remove any User Content at our sole discretion and to investigate and take action against you if you violate the Acceptable Use Policy or other terms, creating liability for us or others.
3. Indemnification
You agree to indemnify and hold Ten80Ten (and its officers, employees, and agents) harmless from any claims or demands made by any third party due to or arising from your use of the Site, your violation of these Terms, applicable laws or regulations, or your User Content. Ten80Ten reserves the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with our defense of such claims. You agree not to settle any matter without the prior written consent of Ten80Ten.
4. Privacy
4.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy explains how we handle your personal data and protect your privacy when you use our Site. We encourage you to read the Privacy Policy to make informed decisions.
4.2 How We Contact You
You agree that we, our affiliates, or third parties providing services to us may contact you via SMS text messages and phone calls to the number you provide. These may include appointment reminders, service updates, and other relevant notifications. Message frequency may vary. Message and data rates may apply. You can opt out of SMS messages at any time by replying STOP. For help, reply HELP or contact us directly. These communications may be monitored and recorded for quality and training purposes. We may also use your contact information to send you electronic newsletters.
4.3 SMS Terms of Service
By opting into SMS from a web form or other method, you agree to receive text messages from Ten80Ten, including service updates, reminders, and related notifications. Message frequency may vary. Message and data rates may apply. To opt out, reply STOP. For assistance, reply HELP or contact us through our website.
5. Third-Party Links & Ads; Other Users
5.1 Third-Party Links & Ads
The Site may contain links to third-party websites and services ("Third-Party Links"). Such Third-Party Links are not under the control of Ten80Ten, and we are not responsible for them. We provide access to these Third-Party Links as a convenience and do not endorse or make any representations about them. Use Third-Party Links at your own risk, and review their terms and policies.
5.2 Other Users
Each user is responsible for their own User Content. We do not control User Content and are not responsible for it. Your interactions with other users are solely between you and them. We are not liable for any loss or damage resulting from such interactions. We are not obligated to become involved in disputes between users.
6. Disclaimers
The Site is provided "as-is" and "as available," and Ten80Ten expressly disclaims any warranties or conditions of any kind, whether express, implied, or statutory. We make no warranty that the Site will meet your requirements, be available on an uninterrupted, timely, secure, or error-free basis, or be accurate, reliable, or complete.
7. Limitation on Liability
To the maximum extent permitted by law, Ten80Ten will not be liable for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or relating to these Terms or your use of, or inability to use, the Site.
8. Copyright Policy
Ten80Ten respects the intellectual property of others and asks users to do the same. If you believe a user is unlawfully infringing on your copyright, please contact us with relevant details.
These Terms and Conditions govern your use of the Site and form a legal agreement between you and Ten80Ten. If you do not agree with any part of these Terms, you must not use the Site.
9. Term and Termination
These Terms remain in effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our discretion, including for any use of the Site in violation of these Terms. Upon termination, your right to access and use the Site will terminate immediately, and any User Content associated with your account may be deleted. Even after termination, Sections 2, 3, 4, 5, 6, 7, 8, and 9 will remain in effect.
9.1 Copyright Policy
Ten80Ten respects the intellectual property of others and asks users to do the same. We have adopted a policy regarding copyright law that provides for the removal of infringing materials and the termination of users who are repeat infringers. If you believe a user is unlawfully infringing on your copyright, please provide our designated Copyright Agent with a written notification including:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) infringed;
- Identification of the infringing material and its location;
- Sufficient information to locate the material;
- Your contact information;
- A statement of good faith belief that the use of the material is not authorized;
- A statement that the information is accurate and you are the copyright owner or authorized to act on their behalf.
10 General
10.1 Changes
These Terms may be revised occasionally, and we may notify you by email or by prominently posting notice of changes on our Site. You are responsible for providing us with your current email address. Continued use of the Site following notice of changes indicates your acknowledgment and agreement to be bound by the updated terms.
10.2 Export
The Site may be subject to U.S. export control laws and other regulations. You agree not to export, reexport, or transfer any U.S. technical data acquired from Ten80Ten, or any products using such data, in violation of U.S. export laws or regulations.
10.3 Choice of Law and Forum
Any disputes arising out of or related to use of this Site or these Terms shall be governed by the laws of the State of Tennessee, without reference to its choice of law provisions. Any such disputes shall be litigated exclusively in the state or federal courts located in Davidson County, Tennessee, and we each irrevocably consent to the personal jurisdiction of those courts for resolving such disputes.
10.4 Electronic Communications
The communications between you and Ten80Ten use electronic means. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications would satisfy if in a hardcopy writing.
10.5 Entire Terms
These Terms constitute the entire agreement between you and Ten80Ten regarding the use of the Site. Failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal effect. If any provision of these Terms is held invalid or unenforceable, the other provisions will remain in effect. These Terms and your rights and obligations herein may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. Ten80Ten may freely assign these Terms.
11.6 Copyright/Trademark Information
Copyright © 2024 Ten80Ten. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of the third party owning the Marks.
11.7 Translation
Copies of these Terms may be made available for convenience in languages other than English. In the event of any discrepancy between the translation and the English version, the English version shall control.
11.8 Contact Information
Address: 41 Peabody St Nashville, Tennessee 37210, US