Website Terms of Use 

Last Updated: June 28, 2023

 

Welcome! 

These are the Terms of Use for TILSBERK North America (“TILSBERK”). The Terms of Use apply when you visit or create an account with our website at https://us.tilsberk.com/ (our “Website”). 

We are a provider of motorcycle head-up displays. We provide this Website to allow you to browse our products, create an account with us, purchase our products, subscribe to our newsletter, contact us, follow our social media pages, and learn more about us (collectively, the “Services”)

Hereinafter, account holders and all those who access our Website are collectively referred to as “you” or “your”. Your use of our Website is governed by these Terms of Use, as updated periodically, together with our Privacy Policy and any documents expressly incorporated by reference herein (collectively, “Terms”). Our Privacy Policy, as updated periodically, can be accessed here: https://us.tilsberk.com/policies/privacy-policy and is hereby expressly incorporated herein by reference.

Please read these Terms carefully before you start to use the Website. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THESE TERMS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes to the Terms

Please be aware that these Terms constitute a binding legal agreement between you and TILSBERK outlining your legal rights, obligations, and remedies arising from your use of our Website. You agree you are responsible for your use of the Website and any consequences resulting from your use of the Website. You may use the Website only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Website.

We reserve the right, at our sole discretion, to change the Terms at any time. If we do this, we will post the changes on the Website and will indicate at the top of this page the date these terms were last revised. We will notify you of material changes, either through our Website, in an email notification or through other reasonable means. Your continued use of our Website after the date any such changes become effective constitutes your acceptance of the new Terms.

Please note that when using certain Services within the Website, you will be subject to any additional terms applicable to such Services that may be posted on our Website or otherwise made available through our Website from time to time.

Privacy

TILSBERK knows you care about your privacy. Any information you provide to TILSBERK or which we collect about you is subject to our Privacy Policy. To learn more about how TILSBERK collects, uses, shares, and secures your information, please review the Privacy Policy, which is incorporated into your agreement with TILSBERK by this reference. 

The Terms, including the incorporated Privacy Policy, constitute the entire agreement between users of the Website and TILSBERK regarding users’ use of and access to the Website. Your use of the Website is intended for your enjoyment and benefit and the provision of the Website to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Website.

Eligibility to Use the Website 

The Website is intended for legal use by adults only and is not directed to children under the age of 18. You may not use the Website in any manner if you are under the appropriate age for your jurisdiction and any registration by anyone under such age is void. By accessing or using the Website and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 18 years of age; (2) that you have not previously been suspended or removed from the Website; and (3) that your use of the Website is in compliance with any and all applicable laws and regulations.

Your Representations & Warranties to TILSBERK

By using the Website, you represent, warrant, and agree:

1. You will only use the Website for lawful purposes, and you will not use the Website for sending, storing, or distributing any unlawful material or for fraudulent purposes;
2. You will not use the Website to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the Website or any network which is used to support or access the Website;
4. You will not try to harm the Website in any way whatsoever;
5. You will not copy, or distribute the Website or other content without written permission from TILSBERK;
6. You will only use the Website for your own use and will not resell any aspect of the Website to a third party;
7. You will keep secure and confidential your account password or any identification we may provide you which allows access to the Website; and
8. You will provide us with whatever proof of identity we may reasonably request.

Accounts & Registration

Registering for a Website Account: In order to use or access certain features of the Website, you may be asked to register for a user account (a “Website Account”) and become a registered user of the Website (a “Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Website Account you register, and for any actions that arise from or take place using your Website Account, whether or not you have authorized such actions or use; and (5) immediately notify TILSBERK of any unauthorized use of your Website Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Website Account.

Your Website Account Information: You may not select or use a Website Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and TILSBERK; or (4) that, in TILSBERK’s sole discretion, is offensive, vulgar, or obscene. TILSBERK reserves the right to refuse registration of a Website Account, or cancel any account name, in its sole discretion.

TILSBERK’s Termination of Access to the Website: TILSBERK maintains the right to suspend or disable your access to the Website and any Website Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if TILSBERK otherwise determines such action is warranted. TILSBERK reserves the right to revoke your access to and use of the Website at any time, with or without cause, whether or not you have established a Website Account or are a Registered User.

Your Cancellation of Your Website Account or Use of the Website: You may cancel your Website Account or your access to the Website at any time by contacting TILSBERK using the information below. Upon cancellation of your Website Account, TILSBERK may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Website.

Access and Use of Our Website

Modifications to the Website: TILSBERK reserves the right to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice.

Mobile Services: The Website may include certain Services that are available via a mobile device, including (i) the ability to upload content to our Website via a mobile device, (ii) the ability to browse our Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access our Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding TILSBERK and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your TILSBERK account information to ensure that your messages are not sent to the person that acquires your old number.

Conditions of Use

Terms of Service: For general terms of delivery for internet sales, please see our Terms of Service located at: https://us.tilsberk.com/policies/terms-of-service.

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish, transmit (including by email), or display (collectively, “Upload”) via our Website or otherwise Upload to TILSBERK. The following are examples of the kind of Content and/or use that is illegal or prohibited by TILSBERK. You agree to not use our Website to:

(a) Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, reflects animus towards any race, ethnicity, gender or sexual orientation, or is otherwise objectionable; or (vii) in the sole judgment of TILSBERK, is objectionable or which restricts or inhibits any other person from using or enjoying our Website, or which may expose TILSBERK or its users to any harm or liability of any type; (b) interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of networks connected to our Website; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) solicit personal information from anyone under the age of 16; (f) harvest or collect email addresses or other contact information of other users from our Website by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our Website.

Commercial Use: Our Website is for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our Website, use of our Website, or access to our Website, including in each case any content contained therein, other than your own Feedback (as defined below) that you legally upload to our Website.

TILSBERK reserves the right to investigate and take appropriate legal action against anyone who, in TILSBERK’s sole discretion, violates these Terms, including without limitation, removing the offending content from our Website, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

Intellectual Property Rights

Website Content, Software and Trademarks: You acknowledge and agree that our Website may contain content or features (“Website Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by TILSBERK, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Website or any Website Content, in whole or in part, except that the foregoing does not apply to your own Feedback (as defined below) that you legally upload to our Website. You may not access our Website through robots, scraping tools or similar data-gathering or extraction methods.

The technology and software underlying our Website or distributed in connection with them (the “Software”) is the property of TILSBERK, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by TILSBERK.

The TILSBERK name and logos are trademarks and service marks of TILSBERK (collectively the “TILSBERK Trademarks”). Other company, product, and service names and logos used and displayed via our Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to TILSBERK. Nothing in these Terms or our Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of TILSBERK Trademarks displayed through our Website, without our prior written permission in each instance. All goodwill generated from the use of TILSBERK Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will TILSBERK be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that TILSBERK does not have a duty to pre-screen content, but that TILSBERK and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Website. This includes the right to remove any content that violates these Terms or is deemed by TILSBERK, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

Feedback Transmitted Through Our Website: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our Website (“Feedback”), provided by you to TILSBERK is non-confidential, and TILSBERK will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that TILSBERK may preserve content and may also disclose Feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TILSBERK, its users and the public. You understand that the technical processing and transmission of our Website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: TILSBERK respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Website, you should notify TILSBERK of your infringement claim in accordance with the procedure set forth below.

TILSBERK will process and investigate notices of alleged infringement and will take appropriate actions consistent with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to TILSBERKS’s Copyright Agent at service@tilsberk.us (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: service@tilsberk.us

To be effective, the notification must be in writing and contain the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on our Website or otherwise within our Website, with enough detail that we may find it on our Website;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:

• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of Illinois and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, TILSBERK will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Repeat Infringer Policy: In accordance with the DMCA and other applicable law, TILSBERK has adopted a policy of terminating, in appropriate circumstances and at TILSBERK’s sole discretion, users who are deemed to be repeat infringers. TILSBERK may also at its sole discretion limit access to our Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third-Party Websites

Our Website may provide, or third parties may provide, links or other access to other sites and resources on the Internet. TILSBERK has no control over such sites and resources and TILSBERK is not responsible for and does not endorse such sites and resources.

Email Notifications

As part of your use of the Website, you may be asked to elect to receive certain email notifications from TILSBERK and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from TILSBERK related to the Website. You may opt-out of receiving certain notifications in association with the Website by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Website announcements or notifications even if you have opted-out from other messages. For more information regarding the use of your email and other information, see our Privacy Policy at https://us.tilsberk.com/policies/privacy-policy.

Notices

You consent to receive from TILSBERK all communications, including notices, agreements, legally required disclosures or other information in connection with the Website (collectively, “Notices“) electronically. TILSBERK may provide such Notices by posting them on or within the Website, by electronic mail to your email address on record in the TILSBERK’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding TILSBERK and other entities by electronic means to your mobile device and that certain information about your usage of the Website may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.

Third-Party Advertising & Marketing

TILSBERK may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Website, and via other mechanisms to provide such materials to you outside of the Website such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from TILSBERK and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. TILSBERK may compile and release information regarding you and your use of the Website on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Website.

Special Notice for International Use; Export Controls: Any software available in connection with our Website and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Website, including as it concerns online conduct and acceptable content.

Special Notice for International Use; Export Controls: Any software available in connection with our Website and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Website, including as it concerns online conduct and acceptable content.

Indemnity and Release

You agree to release, indemnify, and hold harmless TILSBERK, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Website, any Content, your connection to our Website, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties Related to the Website 

YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. OUR WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TILSBERK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TILSBERK MAKES NO WARRANTY THAT (I) OUR WEBSITE WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR WEBSITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TILSBERK WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TILSBERK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR WEBSITE OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND WEBSITE RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (V) ANY OTHER MATTER RELATING TO OUR WEBSITE OR CONTENT. IN NO EVENT WILL TILSBERK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TILSBERK IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR WEBSITE.

Arbitration

At TILSBERK’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms or our Website that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Washington, D.C. before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Termination

TILSBERK may terminate these Terms for any reason at any time. TILSBERK reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Website, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.

General

These Terms constitute the entire agreement between you and TILSBERK and govern your use of our Website, superseding any prior agreements between you and TILSBERK with respect to our Website. These Terms will be governed by the laws of the District of Columbia without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and TILSBERK agree to submit to the personal and exclusive jurisdiction of the local and federal courts located within the District of Columbia.

The failure of TILSBERK to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

TILSBERK may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Website.

The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.

Questions? Concerns? Suggestions?

Please contact us at service@tilsberk.us to report any violations of these Terms or with questions regarding the Terms or our Website.