Sign up 0 Terms of Service (Last Updated September 2021) PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY TUNDRA LTD, TOGETHER WITH ITS SUBSIDIARIES AND AFFILIATES ("Tundra") PROVIDES YOU ACCESS AND USE OF THIS SITE SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE (the "Terms"). BY ACCESSING, BROWSING AND USING THIS SITE (the "Site"), YOU AGREE TO BE BOUND BY THE TERMS AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS, YOU MAY NOT USE THE SITE. THE SECTIONS BELOW PROVIDE DETAILED INFORMATION ABOUT OUR TERMS AND CONDITIONS OF USE: A. RELATED POLICIES AND TERMS The Terms apply exclusively to your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement you may have with Tundra for services or otherwise. Tundra has adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information. To learn about Tundra's privacy practices, please refer to the Privacy Statement section of the Site. B. MODIFICATION OF TERMS Tundra reserves the right to modify these Terms in our sole discretion from time to time and only Tundra has the right to do so. If the Terms are changed, we will post the new terms on the Site and note the date they were last updated. Any changes or modification will be effective upon posting of the Terms as revised, and your use of the Site following the posting will constitute your acceptance of the new Terms. C. SWITZERLAND USAGE This Site is operated by a Swiss entity and is governed by the laws of Switzerland. The laws of your jurisdiction may be more or less strict than the laws that apply to this Site. If you access this Site from outside Switzerland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. D. LICENSE AND SITE ACCESS Tundra grants you a limited license to make use of the Site. Such grant does not include, without limitation: (a) any resale of this Site or any Site Materials (defined below); (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Site materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from this Site except as interpreted and displayed in a web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, downloading, displaying, performing, posting or transmitting any Site Materials (including any Tundra trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) the collection and use of any product listings or descriptions; (e) making derivative uses of the Site and any Site Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Site Materials or to collect any information from the Site or any other user of the Site. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Tundra or any third party. You may not use any meta tags or any other "hidden text" utilizing Tundra's name, trademark, or product name without our express written consent. "Site Materials" means all materials on the Site, including, without limitation, trademarks, design, product description, HTML text, graphics, other files, photographs, codes, software layout, designs forms and the selection and arrangement thereof. We may terminate this license and your use of or access to the Site if you make or permit any unauthorized use of this Site. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law. E. CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS Subject to applicable law, we: (a) reserve the right to change the goods and services displayed through this Site, the prices or specifications of such goods and services, and any promotional offers and any other Site Materials at any time and from time to time without any notice or liability to you or any other person; (b) cannot guarantee that goods or services displayed on this Site will be available; (c) make no guarantee as to the quantities available or made available; (d) do not warrant that the Site Materials (including without limitation product descriptions or photographs) are accurate, complete, reliable, current or error-free; and (e) reserve the right to cancel, to terminate or not to process order requests (including accepted orders) where the price or other material information on this site is inaccurate or when we recognize abuse of our policies. The decision to process an order is at the sole discretion of Tundra. F. OTHER BUSINESSES; NEGOTIATION OF CONTRACTS; NO AGENCY OR PARTNERSHIP All products displayed on the website are for informational purposes only and do not constitute an offer to sell by Tundra. In addition, we may provide links to the sites of affiliated companies and certain other businesses, pictures or descriptions. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites or statements. Tundra does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. No agency, partnership, joint venture, or employment is created as a result of the Terms or your use of any part of this website. You do not have any authority whatsoever to bind Tundra in any respect. All third party vendors are independent of Tundra. Tundra is not responsible for any sales, use, withholding, value-add or other taxes associated with transactions between you and third party vendors. G. PASSWORDS AND SECURITY If you use a password to access this Site or any portion of it, then you are responsible for maintaining the confidentiality of the password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur on your account or with your password. In the event that the confidentiality of your account or password is compromised in any manner, you will notify Tundra immediately. Tundra reserves the right to take any and all action, as it deems necessary or reasonable to maintain the security of the Site and your account, including without limitation, terminating your account, changing your password or requesting information to authorize transactions on your account. While Tundra takes prudent steps to protect your account and the Site, it cannot protect your information outside of the Site. For example, when Tundra communicates with you via unencrypted email from time to time, the communication is not secure, is not stored securely, and the information contained may be viewed by others. You acknowledge that you agree that we may transmit it to you from time to time and store it in an unencrypted form and manner. Tundra may rely on the authority of anyone accessing your account or using your password and in no event will Tundra be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction of Tundra under this provision; (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password. H. INTELLECTUAL PROPERTY Ownership All Site Materials are owned by us and others and are protected by Swiss and international copyright, trademark and other laws. Trademarks Tundra and its respective designs and/or logos are either trademarks or registered trademarks of Tundra and may not be copied, imitated or used, in whole or in part, without the prior written permission of Tundra. In addition, all page headers, custom graphics, button icons, and scripts are trademarks, and/or trade dress of Tundra, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Tundra. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. Restrictions on Use Except as stated in the Terms, none of the materials and Intellectual Property described in these Terms may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Tundra or the respective intellectual property owner. You may electronically copy and print to hard copy portions of this Site for the sole purpose of using materials it contains for informational and non-resale use only. Any other use of the materials in this Site - including any resale use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of Tundra - is strictly prohibited. Copyright To notify us of a copyright infringement, write to us at hello@tundra.com or at our physical address: Tundra Inc. 116 Sheridan Ave San Francisco, CA 94129 USA Include the following: The physical or electronic signature of the owner or someone authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. A description or identification of the copyrighted work you claim has been infringed. A description of the material that is claimed to be infringing, and information reasonably sufficient to allow us to find it. Your address, telephone number, and e-mail address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement, under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on behalf of the owner. Repeated violations of others' copyrights may result in a loss of privileges. I. SOFTWARE Any software, including any files or images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Site is licensed to you by Tundra on a non-exclusive and limited basis. Tundra shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software. J. HYPERLINKS Links to the Site You are granted a limited, non-exclusive right to create a hypertext link to the Site, provided such link does not portray Tundra or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Tundra trademark, logo or other proprietary information, including the images found at this Site, the content of any text or the layout/design of any page, or form contained on a page without Tundra's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Tundra or any third party. Third Party Links Tundra makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of websites accessible by hyperlink from this Site, or websites linking to this Site. K. USER’S RESPONSIBILITIES Each User represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Site and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office. User will be required to provide information or material about your entity, business or products/services as part of the registration process on the Site or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Site or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete. Upon becoming a User, you consent to the inclusion of the contact information about you in our Buyer Database and authorize Tundra and our affiliates to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy. Each User represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third party licenses and permissions regarding any User Content that you submit, post or display; (b) any User Content that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”); and (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third Party Rights. Each User further represents, warrants and agrees that the User Content that you submit, post or display shall: be true, accurate, complete and lawful; not be false, misleading or deceptive; not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; not contain any link directly or indirectly to any other websites which includes any content that may violate the Terms. Each User further represents, warrants and agrees that you shall: carry on your activities on the Site in compliance with any applicable laws and regulations; conduct your business transactions with other users of the Site in good faith; carry on your activities in accordance with the Terms and any applicable Additional Agreements; not use the Services or Site to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards); not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity; not engage in spamming or phishing; not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc.) or encourage or abet any unlawful activities; not involve attempts to copy, reproduce, exploit or expropriate Tundra’s various proprietary directories, databases and listings; not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information; not involve any scheme to undermine the integrity of the data, systems or networks used by Tundra and/or any user of the Site or gain unauthorized access to such data, systems or networks; not engage in any activities that would otherwise create any liability for Tundra or our affiliates. User may not use the Services and User account to engage in activities which are identical or similar to Tundra’s e-commerce marketplace business. User agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Tundra’s provision of the Services, evaluating whether User has breached the Terms and/or handling any complaint against the User. If User’s failure to do so results in delay in, or suspension or termination of, the provision of any Service, Tundra shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination. User acknowledges and agrees that Tundra shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Site. Tundra does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any User. Each User is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information User acknowledges and agrees that the Services may only be used by businesses and their representatives for business use and not for individual consumers or for personal use. User acknowledges and agrees that each User is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same. L. BREACHES BY USERS Tundra reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Site which we reasonably believe is unlawful, violates the Terms, could subject Tundra or our affiliates to liability, or is otherwise found inappropriate in Tundra’s opinion. If any User breaches any Terms or if Tundra has reasonable grounds to believe that any User is in breach of any the Terms, Tundra shall have the right to impose a penalty against the User, or suspend or terminate the User’s account or subscription of any Service without any liability to the User. Tundra shall also have the right to restrict, refuse or ban any and all current or future use of any other Service that may be provided by Tundra. The penalties that Tundra may impose include, among others, warning, removing any product listing or other User Content that the User has submitted, posted or displayed, imposing restrictions on the number of product listings that the User may post or display, or imposing restrictions on the User’s use of any features or functions of any Service for such period as Tundra may consider appropriate in our sole discretion. Without limiting the generality of the provisions of the Terms, a User would be considered as being in breach of the Terms in any of the following circumstances: upon complaint or claim from any third party, Tundra has reasonable grounds to believe that such User has willfully or materially failed to perform your contract with such third party including without limitation where the User has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items User has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, Tundra has reasonable grounds to suspect that such User has used a stolen credit card or other false or misleading information in any transaction with a counter party, Tundra has reasonable grounds to suspect that any information provided by the User is not current or complete or is untrue, inaccurate, or misleading, or Tundra believes that the User’s actions may cause financial loss or legal liability to Tundra or our affiliates or any other Users. Tundra reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Tundra may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Tundra shall not be liable for damages or results arising from such disclosure, and User agrees not to bring any action or claim against Tundra for such disclosure. If a User is in breach of the Terms, Tundra also reserves the right to publish the records of such breach on the Site. If such breach involves or is reasonably suspected of involving dishonest or fraudulent activities, Tundra also reserves the right to disclose the records of such breach to our affiliates including without limitation Vox LLC, Vox NT Limited, etc. Such Tundra affiliates may impose limitation on, suspend or terminate the User’s use of all or part of the services provided by such affiliates to the User, take other remedial actions, and publish the records about the User’s breach of the Terms on the websites operated by or controlled by such Tundra affiliates. Tundra may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the User’s use of any Service or the Site without being liable to the User if Tundra has received notice that the User is in breach of any agreement or undertaking with any affiliate of Tundra including without limitation Vox LLC and Vox NT Limited and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Tundra shall have the right to publish the records of such breach on the Site. Tundra shall not be required to investigate such breach or request confirmation from the User. Each User agrees to indemnify Tundra, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the Site or Services, or from your breach of the Terms. Each User further agrees that Tundra is not responsible, and shall have no liability to you or anyone else for any User Content or other material transmitted over the Site, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User. Tundra reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User shall cooperate with Tundra in asserting any available defenses. M. TRANSACTIONS BETWEEN BUYERS AND SUPPLIERS Through the Site, Tundra provides electronic web-based platforms for exchanging information between buyers and sellers of products and services. Tundra additionally provides electronic web-based transaction platforms for Users to place, accept, conclude, manage and fulfill orders for the provision of products and services online within the Site subject to these Terms. However, for any Services, Tundra does not represent either the seller or the buyer in specific transactions. Tundra does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Site or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase. Users are hereby made aware that there may be risks of dealing with people acting under false pretenses. Tundra uses several techniques to verify the accuracy of certain information Suppliers provide us when they register on the Site. However, because user verification on the Internet is difficult, Tundra cannot and does not confirm each User's purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing. Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions in connection with using the Site or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Site. Such risks shall include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site may violate or may be asserted to violate Third Party Rights, and the risk that User may incur costs of defense or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. Such risks also include the risks that consumers, other purchasers, end-users of products or others claiming to have suffered injuries or harms relating to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with using the Site may suffer harms and/or assert claims arising from their use of such products. All of the foregoing risks are hereafter referred to as "Transaction Risks". Each User agrees that Tundra shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks. User agrees to provide all information and materials as may be reasonably required by Tundra in connection with your transactions conducted on, through or as a result of use of the Site or Services. Tundra has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials. In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Tundra (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. Tundra provides administrative support for transactions between Users on the Site. Tundra collects payment from Buyers and remits it to Suppliers. Tundra, however, is not a party to the transaction for the purchase of goods between the Buyer and Supplier. Suppliers acknowledge that if a Buyer who is not approved by Tundra for Net Terms does not make payment to Tundra, then Tundra has no obligation to remit any funds to the Supplier. The Supplier agrees to hold Tundra harmless if a Buyer fails to make payment. Purchase orders or invoices created by Tundra are solely for the purpose of facilitating a purchase between Buyer and Supplier and each agrees that Tundra is not a party to the purchase of goods. Products are sold by the Supplier on an INCOTERMS 2010 FCA basis, with the FCA point being designated by the Supplier as either their factory or warehouse location or at a pre-specified Airport or Port in the same country. Goods are purchased by the Buyer on this INCOTERMS 2010 FCA basis at the same FCA point. The Supplier is responsible for ensuring the goods are properly packaged for transport and cleared for export. The Supplier is also responsible for any permits, licenses, documentation, or other items necessary for the export of their product. The Buyer is responsible for any permits, licenses, documentation or other items necessary for the import of the product. Title to the goods passes from Supplier to Buyer when both of the following events have occurred: 1) Buyer has paid in full for the goods, and 2) when the goods have been handed over from Supplier to Buyer at the designated FCA point. At no point does Tundra take title to any goods. Buyer understands and acknowledges that products cannot be exported, reexported, transferred, retransferred, or transshipped (i) to any Sanctioned Countries, except in compliance with applicable Export/Import Laws, or (ii) to any other destination for which an export, reexport, or import license is required, without Buyer obtaining such license. Buyer confirms that neither Buyer nor any person that owns, directly or indirectly, the Buyer, nor any party for which Buyer is purchasing the Products is a Restricted Party or subject to any other sanctions, restrictions, or designations under applicable Export/Import Laws. Buyer also acknowledges that neither Tundra nor the Supplier is responsible for providing any documentation or assistance to export, reexport, transfer, retransfer, or transship products to any port or address other than the one provided when Buyer placed their order. If a Buyer uses a credit card to pay for an order, the Buyer agrees to waive the right to request a charge back from its credit card company. In the event of a credit card charge back, including charge backs as a result of fraud, the Supplier agrees to reimburse Tundra for the amount of the charge back as the transaction for the purchase of the goods is between Buyer and Supplier, not Tundra. Buyer understands and acknowledges that unused products cannot be returned unless otherwise stated by the Supplier on the Terms tab of the product's page. The offer of a return policy, if any, is at the sole discretion of the Supplier and is not administered through Tundra. Buyer also understands and acknowledges that the return of any opened or used products is also at the discretion of the Supplier. The warranty, if any, provided by the Supplier for a product is listed on the Terms tab of the product's page. N. TRANSPORTATION The responsibility of Tundra shall be to procure transportation by carriers (one or more) and such transportation shall be subject to conditions of such carrier(s) and to applicable law. Tundra shall not be deemed to be acting as carrier for any purpose. Customs, Duties, and Taxes. Customs clearance in the destination country and the payment of all customs duties, taxes, VAT, GST and related charges are the Buyer’s responsibility. The Buyer is also responsible for providing all necessary documents and information as required by local customs to clear the goods. The Buyer is responsible for paying any excess fees incurred due to storage, demurrage charges, etc. When a Buyer is making a Purchase, the Buyer may be given the option to make a deposit for the prepayment of the import taxes and customs duties that may be levied by the destination country, (collectively, "Import Fees"). Tundra will make commercially reasonable efforts to estimate the amount of Import Fees (said estimate, the "Estimate"). However, the Estimate may be more or less than the final actual amount of Import Fees due and payable. Tundra has no control over the Import Fees and cannot always predict with 100% accuracy what the final actual amounts may be. For greater certainty, you should contact your local customs office for further information on the import taxes and customs duties that may be applicable to your Purchase. The Buyer acknowledges that the Estimate may be different from the actual amount of Import Fees due and payable and that if the actual Import Fees are greater than the Estimate, it is the Buyer’s responsibility to pay the difference. The Buyer also agrees that Tundra is never responsible for paying Import Fees in excess of the Estimate amount paid as a deposit by the Buyer and that the Supplier is never responsible for paying Import Fees on behalf of the Buyer. The Buyer also acknowledges that there may be additional fees levied by the destination government and/or customs (such as permit fees) that are solely the Buyer’s responsibility and are not included in the deposit paid upon checkout. If indicated on your invoice, Tundra may purchase general transport insurance on behalf of the Buyer in their name. The Buyer is responsible for making all claims directly to the Insurer should the case arise. Tundra makes no claims about the quality of the insurance nor the User’s ability to make claims against the insurance. Any cargo insurance arranged through Tundra will lead to the formation of a separate contract of insurance between the Buyer and insurance underwriters which is subject to the terms, conditions, and exceptions incorporated into the Policy. Tundra is not liable for any acts, omissions, or decisions of the Underwriters whatsoever, and should Underwriters dispute liability to settle a claim for any reason whatsoever, the Buyer agrees not to have any recourse against Tundra. The Supplier is responsible for providing accurate information about the products they are selling, including, but not limited to, product classification, dangerous goods declaration, and weight and dimensional information. If inaccurate information is provided, or if information is missing, and additional charges and/or fines are incurred, these charges will be the responsibility of the Supplier. Unless clearly indicated in the Supplier’s storefront, the Supplier shall not deliver to Tundra or cause Tundra to deal with or handle Dangerous Goods. The Supplier shall be liable for and indemnify Tundra against all penalties, claims, damages, costs and expenses whatsoever arising in connection with Dangerous Goods. Dangerous Goods may without notice be destroyed or otherwise dealt with at the sole discretion of Tundra or any other person in whose custody they may be at the relevant time. If Tundra agrees to accept Dangerous Goods and then, in the opinion of Tundra or any other person, they constitute a risk to other goods, property, life or health, they may without notice be destroyed or otherwise dealt with at the expense and risk of the Supplier. The User shall defend, indemnify and hold harmless Tundra in respect of any claims for General Average or salvage contribution that may be made on Tundra, irrespective of whether the Charges are pre-paid or not. The User shall provide such security as may be required by Tundra for General Average or salvage contributions promptly and in a form acceptable to Tundra. O. SUBMISSIONS Your Information If you register on the Site, you agree that any information you provide to us will be current, accurate and complete. Content When providing us with content or causing content to be posted using our Services, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademark, and database rights and other intellectual property rights you have in the content, in any media known now or developed in the future, including the right to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your content. This allows us to provide the Services and to promote Tundra, your Tundra Storefront, or the Services in general, in any formats and through any channels, including across any Tundra Services, our partners, or third-party website or advertising medium. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicensees, or our assignees. You represent and warrant that none of the following infringe any rights mentioned in the preceding paragraph: your provision of content to us, your causing content to be posted using the Services, and use of any such content (including of works derived from it) by us, our users, or others in contract with us that is done in connection with the Services and in compliance with these Terms. Additional Submissions You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to Tundra, or postings on this Site ("Submissions") are non-confidential (subject to our Privacy Statement) and that you remain solely responsible and liable for your Submissions. You further hereby grant (or warrant that the owner of the Submissions has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns. Restrictions for Submissions By using the Site, you agree not to do any of the following: Upload to, distribute or otherwise publish through this Site any message, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable; Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; Upload to, distribute or otherwise publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," (regardless of whether the email itself complies with the requirements of federal or state law for sending commercial email) or offering or disseminating fraudulent goods, services, schemes or promotions; and Disseminate any harmful content of any kind, including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. Policies and Enforcement All access to and use of this Site is governed by and subject to the Terms. We have the right, but not the obligation, to monitor any activity and Content associated with forums and interactive areas on this Site. We may access at any time and use internally for any lawful purpose information stored on our systems, including the content of any emails or other communications. We may disclose such information to any third party including law enforcement agencies to protect our rights or property in response to legal process, or in a good faith belief that such disclosure is justified or required in an emergency situation. We may investigate any reported violation of our policies or complaints and take any appropriate action that we deem appropriate. Tundra has the right, but not the obligation, to take any action we deem appropriate, including but not limited to action to issue a warning, suspend or terminate your access and use of the Site and related services at any time, and block, remove or edit any communication and materials that Tundra believes in its sole discretion may violate applicable law, the Terms or a third party's rights. Tundra takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Responsibility for Your Conduct You remain solely liable for the Content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this Site. You agree to indemnify and hold harmless Tundra and its parents, subsidiaries, affiliates, employees, agents and representatives from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Terms or any policy, and actual or attempted violations by a third party on behalf of a user of this Site will be considered violations of these Terms by such user. P. CHILDREN This website is designed for and intended for use by adults. If you are under 18, you may use this Site only with involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of this site by children, minors and others under your care. You agree to be responsible for their use of this website. Q. DISCLAIMER THIS SITE AND THE MATERIALS PROVIDED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TUNDRA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND MATERIALS, CONTENT, SERVICES AND PRODUCT ON THIS SITE. TUNDRA DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TUNDRA IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. TUNDRA DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, EVEN IF TUNDRA OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Tundra. R. LIMITATION OF LIABILITY TUNDRA PROVIDES NO WARRANTIES (PRODUCT OR OTHERWISE). ANY WARRANTY OFFERED BY THE SUPPLIER IS SOLELY AT THEIR DISCRETION. TUNDRA IS NOT A PARTY TO ANY WARRANTY AGREEMENTS BETWEEN BUYER AND SELLER. THE TERMS OF ANY SUPPLIER-OFFERED WARANTIES ARE LISTED ON THE TERMS TAB OF THE PRODUCT PAGE. IN NO EVENT SHALL TUNDRA BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TUNDRA (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED $5 OR THE COMPENSATION YOU PAID TUNDRA, WHICHEVER IS LESS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. S. RELEASE If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release. T. INDEMNITY You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of Tundra's Services or your breach of any law or the rights of a third party. U. APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS These terms and conditions shall be governed by and construed in accordance with the laws of Switzerland applicable to agreements made and entirely to be performed within Switzerland, without resort to its conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in Switzerland, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these terms and conditions. V. TERMINATION Notwithstanding any of these terms and conditions, Tundra reserves the right, without notice and in its sole discretion, to terminate your license to use this Site, and to block or prevent future access to and use of this Site if you violate any of these Terms or its policies. Upon termination, these Terms shall still apply. W. CONSENT TO EMAIL COMMUNICATION When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting a notice on this Website. You agree that we may treat specific actions by you, such as checking boxes to receive email updates, sending us an email directly or through the website, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that we communicate information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that we send you email you are authorizing us to transmit and disclose your information (including financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner. X. LEGAL EQUIVALENCY This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained. Y. FORCE MAJEURE Under no circumstances shall Tundra be held liable for any delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Z. SEVERABILITY If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these Terms and shall not affect the validity and enforceability of any remaining provisions. AA. WAIVERS No waiver, express or implied, by either party of any breach of or default under these Terms will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. BB. CONTACT US If you are experiencing difficulties using the Site, please contact us: Call us at +1 (415) 894-9940 Email us at hello@tundra.com Write us at: Tundra Inc., 116 Sheridan Ave, San Francisco, CA 94129, United States CC. OPENING ORDERS ON US Beginning November 1, certain buyers are eligible to receive Opening Orders on Us. Eligible buyers will see the offer advertised on their homepage and automatically applied in the cart. Eligible buyers can get a free opening order (up to $100 free) of any brand on the site if they meet the following conditions: 1) they have not purchased that brand before on Tundra and 2) they purchase a second brand at the same time. The discount available on the opening order will be based on the amount spent on the second brand. For every $2 an eligible buyer spends on this second brand, they will get $1 free on an opening order with up to $100 free on the opening order. All values for the opening brand and second brand are determined using only the product cost. Other order costs such as shipping, insurance, duties and taxes are not eligible for the free opening order discount and are not included in determining the value of the second brand. The opening order discount is not eligible to be combined with any other Tundra discounts on the site. Shipments that are eligible for Opening Orders on Us will be designated as such in the cart at checkout and on the order summary page. There is a maximum discount of $2,000 per buyer per month. Tundra reserves the right to end the program and/or change promotion details and eligibility at any time without notice. Opening Orders on Us is subject to fair usage. 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