LAST UPDATED: MAY 21, 2021
Tellwell, LLC (“us”, “we”, or “our”) operates the staging.tellwellnew.flywheelsites.com website (the “Service”).
This page informs users (“you” or “your”) of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
INFORMATION COLLECTION AND USE
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number, postal address, other information (“Personal Information”).
We collect this information for the purpose of providing the Service, identifying and communicating with you, responding to your requests/inquiries, servicing your purchase orders, and improving our services.
We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyze this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. The Help feature on most browsers provide information on how to accept cookies, disable cookies or to notify you when receiving a new cookie.
If you do not accept cookies, you may not be able to use some features of our Service and we recommend that you leave them turned on.
DO NOT TRACK DISCLOSURE
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.
You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services and/or to assist us in analyzing how our Service is used.
These third parties have access to your Personal Information only to perform specific tasks on our behalf and are obligated not to disclose or use your information for any other purpose.
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.
The security of your Personal Information is important to us, and we strive to implement and maintain reasonable, commercially acceptable security procedures and practices appropriate to the nature of the information we store, in order to protect it from unauthorized access, destruction, use, modification, or disclosure.
However, please be aware that no method of transmission over the internet, or method of electronic storage is 100% secure and we are unable to guarantee the absolute security of the Personal Information we have collected from you.
LINKS TO OTHER SITES
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Only persons age 18 or older have permission to access our Service. Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you learn that your Children have provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
YOUR ACCEPTANCE OF THIS POLICY
Your use of this website and Service we offer will constitute acknowledgment of and agreement to this policy and Terms of Service. If you do not agree to this policy, do not use the Service.
Terms and Conditions (“Terms”)
LAST UPDATED: MAY 21, 2021
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the staging.tellwellnew.flywheelsites.com website (the “Service”) operated by Tellwell, LLC (“us”, “we”, or “our”).
User(“you” or “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.
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 access the Service.
LINKS TO OTHER WEB SITES
Our Service may contain links to third party web sites or services that are not owned or controlled by Tellwell, LLC.
Tellwell, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Tellwell, LLC 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We have endeavored to create our website in a manner that is accessible to persons with communication disorders; however, since there are currently no formal Federal or State regulations defining specifically what a compliant website is or looks like, other than that it should be independently usable by persons with communication disabilities, we assume no responsibility for any claim, either in a court of law or by way of a demand letter or similar means, regarding the accessibility of our website.
DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” TELLWELL, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAE TELLWELL, LLC SHALL HAVE NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED, WHETHER ARISING IN CONTRACT, TORT, OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU HEREBY ASSUMES ALL RISK FOR THE USE OF THE SERVICE AND THE RESULTS THEREOF AND HEREBY UNCONDITIONALLY AND IRREVOCABLY RELEASES AND DISCHARGES TELLWELL, LLC FROM ANY AND ALL LOSS, CLAIM, DAMAGE, OR OTHER LIABILITY RESULTING FROM SUCH USE. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF TELLWELL, LLC FOR ALL DAMAGES LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, CHALL BE THER GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO TELLWELL, LLC TO USE THE SERVICE AND (II) FIFTY U.S. DOLLARS ($50).
To the extent permitted by applicable law, you agrees to defend, indemnify, and hold harmless Tellwell, LLC and its subsidiaries, affiliates, officers, directors, agents, partners, and employees against and from any and all third party claims, lawsuits, and demands, and all associated liabilities, fines, penalties, judgments, damages, costs, and expenses (including without limitation attorneys’ fees and costs of defense) in connection with any claim arising from or related to (a) your use of the Service, (b) your violation of these Terms. Tellwell, LLC may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving Tellwell, LLC without our consent.
GOVERNING LAW AND VENUE
These Terms shall be governed and construed in accordance with the laws of North Dakota, United States, without regard to its conflict of law provisions. Tellwell, LLC and you consent to the exclusive jurisdiction and venue of the courts of the State of North Dakota in Cass County, North Dakota, and to the jurisdiction and venue of the United States District Court for the District of North Dakota for any action brought to enforce, construe or interpret this Agreement.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, it will be effective thirty (30) days following either notice to you or our posting of the amended 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.
If you have any questions about these Terms, please contact us.