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706-888-3138

Tyche Appliance
Tyche Appliance

706-888-3138

Terms and Conditions

 

Terms of Use 

Last Updated: April 25, 2025 

Please read carefully. These Terms of Use (“Terms”) set forth important  details about your relationship with us, including the rights you grant  to us, restrictions on how you can use the website or mobile  application (“Site”), and our agreement to resolve disputes via binding  arbitration without resort to class action litigation. 

All visitors to and users of any aspects of the Site (collectively,  “Users”) are bound by these Terms. By signing in or registering to use  the Site, you accept all the provisions of these Terms. If you are  unwilling to be bound by these Terms, you should not access, use,  register for, or purchase merchandise from the Site. 

Note that we offer a wide range of products and services, and sometimes  additional terms and conditions may apply, in which case you will be  notified of such additional terms and conditions. 

Eligibility 

The Site is not targeted towards, nor intended for use by, anyone under  the age of 18. By using the Site, you represent and warrant that you  are 18 years of age or older. If you are not at least 18 years of age,  do not access, use, register or purchase merchandise on the Site. In the  event we become aware you are under 18, we will terminate your  registration. Some merchandise offered for sale on the Site may be  restricted for sale to persons of a certain age (depending on the state  or jurisdiction of residence) and we will require you to submit or  provide valid proof of your age before purchasing or receiving  age-restricted merchandise. 

Additionally, we reserve the right to deny access or use of the Site  and the products and services offered on it to anyone at any time in our  sole and absolute discretion. 

Privacy 

We believe strongly in the protection of the privacy of Users and our  customers. Our data collection and use practices are set forth in our  Privacy Policy  , which we encourage you to review. 

Electronic Communications 

When visiting the Site, or when you send us emails, you are  communicating with us electronically. By using the Site, you consent to  receive communications from us electronically. We may communicate with  you by email or by posting notices on the Site. You agree that all  agreements, notices, disclosures and other communications that we  provide to you electronically will satisfy any legal requirement that  such communications be in writing. 

Changes to the Site 

You agree and understand that these Term of Use and the Site, including  any and all features available via the Site and any User Content (as  defined below), may be modified by us, in our sole discretion, at any  time without prior notice. Unless expressly stated otherwise, any new  features, new services, enhancements or modifications to the Site  implemented after your initial access to the Site shall be subject to  these Terms. We do not actively monitor, and undertake no obligation to  monitor or modify, any reviews, information, content, data, text, links  to third party websites, User profile information, sounds, photographs,  graphics, video, messages or other materials uploaded or made available  via the Site by or on behalf of any User (all such items provided by or  on behalf of Users, collectively, “User Content”). Nonetheless, we  reserve the right to investigate and take appropriate action, including  legal action, in our sole discretion, against anyone who violates these  Terms, including without limitation, by removing any User Content posted  in violation of these Terms, terminating the registration of such  violators or blocking such violators' use of the Site. 

Registration 

In order to access some features of the Site, you may be required to  register, signup, or create an account. If you register, signup, or  create an account, you agree to provide us with accurate and complete  information, and to inform us immediately of any updates or other  changes to such information. Failure to comply with the terms of this  paragraph shall constitute a material breach of these Terms, which may  result in immediate termination of your account. In addition, we reserve  the right to refuse registration of, or cancel, a user account in our  discretion. 

Security 

You are responsible for maintaining the confidentiality of your  password and you are fully responsible for all activities that occur  under your user account and password, whether or not you authorize such  activities. Any user account and password for your access to the Site  shall be for your personal, non-commercial use only. You agree to (a)  immediately notify us of any unauthorized use of your user account or  password of which you become aware, and (b) ensure that you exit from  your account at the end of each session. 

Copyright 

Images of people, places and/or products posted on the Site are either  the property of us or our licensors. Unless otherwise noted, all content  included on the Site, including images, illustrations, designs, icons,  photographs, video clips and written and other materials (together, with  “Marks” (as defined below), “Company Content”) is the property of us or  its licensors, partners or affiliates and is protected by United States  and international copyright laws. The compilation of the Site is the  exclusive property of us and is protected by United States and  international intellectual property laws. Any unauthorized use of any  content or materials on the Site is strictly prohibited and may violate  copyright and trademark laws, and/or the laws of privacy, publicity,  and/or communications regulations and statutes. You may use the  materials or content on the Site only with our prior written and express  authorization. 

Trademarks 

All trademarks, service marks, and trade names (collectively the  “Marks”) that appear on the Site are proprietary to us, or the other  respective owners of such Marks. You may not display or reproduce the  Marks in any manner without the prior written consent of us, and you may  not remove or otherwise modify in any manner any trademark notices from  any content offered or received through the Site. 

Use of the Site 

You agree to use the Site only for its intended purpose. You must use  the Site in compliance with all privacy, data protection, intellectual  property, and other applicable laws. The following uses of the Site are  prohibited. You may not: 

  • attempt to interfere with, harm, reverse engineer, steal from, or gain  unauthorized access to the Site, user accounts, or the technology and  equipment supporting the Site; 
  • frame or link to the Site without permission; 
  • use data mining, robots, or other data gathering devices on or through the Site; 
  • post incomplete, false, or misleading information, impersonate another  person, or misrepresent your affiliation with a person or entity; 
  • disclose personal information about another person or harass, abuse, or post objectionable material; 
  • sell, transfer, or assign any of your rights to use the Site to a third party without our express written consent; 
  • post advertising or marketing links or content, except as specifically allowed by these Terms; 
  • use the Site in an illegal way or to commit an illegal act in relation  to the Site or that otherwise results in fines, penalties, and other  liability to us or others; or 
  • access the Site from a jurisdiction where it is illegal or unauthorized. 

Third Party Advertisements and Links to Third Party Sites 

We may display advertisements from third parties on the Site, such as  banner advertisements, pop-up texts, and links to third party sites. We  are not responsible for the content of such advertisements or links, or  for any products, services or other materials relating to such  advertisements, any linked site, or any link contained in a linked site.  The display of any advertisement or link does not imply endorsement by  us of the advertisement or linked site or any content therein. 

Disclaimer of Liability 

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES  INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE  PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE  SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY  KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE  INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON OR  OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE  SPECIFIED IN WRITING. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY  FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE, FOR YOUR ACTION  OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR  COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH  THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE  RISK. 

 UNDER NO CIRCUMSTANCES SHALL WE, AND OUR AFFILIATES, EMPLOYEES,  DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND  ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE  SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR  SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE  SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO  ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL,  CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT  LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR  TORT, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE  POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS OF USE THAT  PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR  EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT  BETWEEN YOU AND US. 

Dispute Resolution 

For Individuals Residing in Canada 

You agree to comply with all applicable laws, statutes, ordinances, and  regulations regarding your use of and your purchase of products and/or  services through the Site. Any infraction of the Terms shall be governed  by the laws of Ontario and the laws of Canada without regard to any  conflict of law provisions of your domicile residence or physical  location. At our discretion, we may report any infractions or violations  relating to the agreement to the appropriate authorities. You and us  each agree to submit to the personal and exclusive jurisdiction of the  courts located within Ontario, Canada. 

For Individuals Residing in the United States 

In the interest of resolving disputes between you and us in the most  expedient and cost effective manner, you and us agree that any dispute  arising out of or in any way related to these Terms or your use of the  Site or any merchandise will be resolved by binding arbitration.  Arbitration is less formal than a lawsuit in court. Arbitration uses a  neutral arbitrator instead of a judge or jury, may allow for more  limited discovery than in court, and can be subject to very limited  review by courts. Arbitrators can award the same damages and relief that  a court can award. This agreement to arbitrate disputes includes all  claims arising out of or in any way related to these Terms or your use  of the Site or merchandise, whether based in contract, tort, statute,  fraud, misrepresentation, or any other legal theory, and regardless of  whether a claim arises during or after the termination of these Terms.  YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US  ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A  CLASS ACTION. 

Despite the provisions of the paragraph directly above, nothing in  these Terms will be deemed to waive, preclude, or otherwise limit the  right of either party to: (a) bring an individual action in small claims  court; (b) pursue an enforcement action through the applicable federal,  state, or local agency if that action is available; (c) seek injunctive  relief in a court of law; or (d) to file suit in a court of law to  address an intellectual property infringement claim. 

Any arbitration between you and us will be governed by the Federal  Arbitration Act, and governed by the Commercial Dispute Resolution  Procedures and the Supplementary Procedures for Consumer Related  Disputes (collectively, “AAA Rules”) of the American Arbitration  Association (“AAA”), as modified by these Terms, and will be  administered by the AAA. The AAA Rules and filing forms are available  online at www.adr.org, by calling the AAA at 1-800-778-7879. The  arbitrator has exclusive authority to resolve any dispute relating to  the interpretation, applicability, or enforceability of this binding  arbitration agreement. 

A party who intends to seek arbitration must first send a written  notice of the dispute to the other party by U.S. Mail or electronic mail  (“Notice”). The Notice must: (a) describe the nature and basis of the  claim or dispute; and (b) set forth the specific relief sought  (“Demand”). The parties will make good faith efforts to resolve the  claim directly, but if the parties do not reach an agreement to do so  within 30 days after the Notice is received, a party may commence an  arbitration proceeding. During the arbitration, the amount of any  settlement offer made by you or us must not be disclosed to the  arbitrator until after the arbitrator makes a final decision and award,  if any. If the dispute is finally resolved through arbitration in your  favor, we will pay you the amount awarded by the arbitrator, if any. 

If you commence arbitration in accordance with these Terms, we will  reimburse you for your payment of the filing fee, unless your claim is  for more than $15,000 or as set forth below, in which case the payment  of any fees will be decided by the AAA Rules. Any arbitration hearing  will take place at a location to be agreed upon in California, but if  the claim is for $15,000 or less, you may choose whether the arbitration  will be conducted: (a) solely on the basis of documents submitted to  the arbitrator or (b) through a non-appearance based telephone hearing.  If the arbitrator finds that either the substance of your claim or the  relief sought in the Demand is frivolous or brought for an improper  purpose (as measured by the standards set forth in Federal Rule of Civil  Procedure 11(b)), then the payment of all fees will be governed by the  AAA Rules. In that case, you agree to reimburse us for all monies  previously disbursed by it that are otherwise your obligation to pay  under the AAA Rules. Regardless of the manner in which the arbitration  is conducted, the arbitrator must issue a reasoned written decision  sufficient to explain the essential findings and conclusions on which  the decision and award, if any, are based. The arbitrator may make  rulings and resolve disputes as to the payment and reimbursement of fees  or expenses at any time during the preceding and upon request from  either party made within 14 days of the arbitrator’s ruling on the  merits. 

By visiting the Site, you agree that the laws of the Delaware, without  regard to principles of conflict of laws, will govern these Terms and  any dispute of any sort that might arise between you and us. 

Contact Us 

If you have any questions about these Terms, please  contact us. 



Return and Refund Policy

We Do Not Offer Refunds

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