Terms to use
Privacy Statement
Welcome to Teslar.com (“Teslar.com” or “Company” or “we”). By accessing or using this Site, you ("User" or “you”) agree to comply with the terms and conditions governing your use of any areas of the Teslar.com web site (the "Site") as set forth below.
USE OF SITE
Please read the Terms of Use (“Terms”) carefully before you start using the Site. By using the Site, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose except as expressly permitted by Teslar LLC. Teslar LLC and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Teslar LLC believes that User conduct violates applicable law or is harmful to the interests of Teslar LLC or its affiliates.
CONTENT
A. Proprietary Rights in Content
User acknowledges that the Teslar.com Site contains content, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Teslar LLC and protected by U.S. and international copyright laws. All software used on this Site is the exclusive property of Teslar LLC and protected by U.S. and international copyright laws. The Content and software on this Site may be used as a shopping and selling resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the Content of this Site is strictly prohibited. If you print, copy, modify or otherwise use or provide any other person with access to any part of the Site in breach of the Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
B. Submission of Information or Content
Teslar welcomes User comments, information, and submissions (collectively, "Submission"). Teslar Wearable, however, does not assume any obligation with respect to any Submission and no confidential or fiduciary understanding or relationship is established by Teslar Wearable receipt or acceptance of any Submission. All Submissions become the exclusive property of Teslar LLC and its affiliates. Teslar LLC and its affiliates may use any Submission without restriction and User shall not be entitled to any compensation.
C. Third-Party Content
Neither Teslar LLC, nor its affiliates, nor any of their respective officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of this Site, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In some instances, the Content available through Teslar LLC may represent the opinions and judgments of Providers or Users. Teslar LLC and its affiliates do not endorse and shall not be responsible for the accuracy or reliability of any opinion, advice, or statement made on this Site by anyone other than authorized Teslar LLC employees. Under no circumstances shall Teslar LLC, or its affiliates, or any of their respective officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through Teslar.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through this Site.
PROMOTIONS, DISCOUNTS, AND VOUCHERS
We, from time to time, run promotions concurrently. Offers cannot be applied to previous purchases and cannot be redeemed for cash or combined with any other offer. To redeem, enter the code in the promo code box at checkout. Limit one promotional code per order. Offers valid in the U.S. only. Terms of offers are subject to change.
ONLINE CONDUCT
User agrees to use the Teslar.com Site only for lawful purposes. User is prohibited from posting on or transmitting through Teslar.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If Teslar LLC is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, Teslar LLC may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Teslar.com. Teslar LLC may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Teslar.com; or (iii) to protect the rights or property of Teslar LLC, its Users or Providers.
Teslar LLC reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the Teslar.com Site, the communities that make up Teslar.com, or any rights of Teslar LLC or its affiliates or any other party, or to violate any applicable law. Notwithstanding the foregoing, neither Teslar LLC nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Teslar LLC, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Teslar.com.
Additionally, User may not 1) use the Site in a way that could disable, burden, damage or impair the Site or interfere with any other party’s use of the Site; 2) use any robot, spider, or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any material on the Site; 3) use any manual process to monitor or copy the material on the Site or for any other authorized purpose without our prior written consent; 4) use any device, software or routine that interferes with the proper working of the Site; 5) introduce any virus, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; 6) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site; 7) attach the Site via a denial-of-service attack or distributed denial-of-service attach; or 8) otherwise attempt to interfere with the proper working of the Site.
DISCLAIMERS AND LIMITATION OF LIABILITY
User agrees that use of this Site is at User's sole risk. Neither Teslar LLC, nor its affiliates, nor any of their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, licensors or the like (collectively, "Providers"), warrant that this Site will be uninterrupted, free of viruses or other destructive code, or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through this Site. THIS SITE IS PROVIDED BY Teslar LLC. ON AN "AS IS"AND "AS AVAILABLE" BASIS. Teslar LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Teslar LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Teslar LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. Under no circumstances shall Teslar LLC or any other party involved in creating, producing, or distributing this Site be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use this Site, including but not limited to reliance by a User on any information obtained from Teslar.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Teslar LLC's records, programs, or services. User hereby acknowledges that these disclaimers and limitation on liability shall apply to all content, merchandise, and services available through this Site. In states that do not allow the exclusion of limitation or limitation of liability for consequential or incidental damages, User agrees that liability in such states shall be limited to the fullest extent permitted by applicable law.
PRIVACY POLICY
Teslar Wearable respects the privacy of its Users. Users are encouraged to review the terms of the Teslar.com Privacy Policy.
USAGE BY CHILDREN UNDER 13
This Site is offered and available to users who are 13 years of age or older. However, Teslar LLC cannot prohibit minors from visiting this Site. Teslar LLC must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase (in any area of this Site). Teslar LLC requires that all purchases be made either (i) by individuals 13 years of age or older, or (ii) by minors under 13 through a Teslar LLC authorized affiliated program which permits parents and other guardians to both pay for the purchases of minors and give verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy. EACH TIME YOU PURCHASE A PRODUCT AT Teslar.com, YOU ARE REPRESENTING TO Teslar LLC INC THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A Teslar LLC AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
EXPORT
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from Teslar.com to either a foreign national or a foreign destination in violation of such laws.
TERMINATION OF USAGE
Teslar LLC may terminate User's access or suspend any User's access to all or part of Teslar.com, without notice, for any conduct that Teslar LLC, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or Teslar LLC or any of its affiliates.
INDEMNITY
User agrees to indemnify and hold Teslar LLC, its affiliates and their respective officers, directors, employees, contractors, licensors, suppliers, successors, assigns and agents, harmless from any claim, liability, damages, judgment, award, loss, costs, expenses, fees, or demand, including reasonable attorneys' fees, made by any third party arising out of or in connection with User's breach of any term or condition of this User Agreement or User's violation of any law or the rights of any third party.
COPYRIGHT
All content contained on this Site, including but not limited to text, images, graphics, logos, typefaces, icons, audio, video and software, is the property of Teslar LLC, its affiliates or their respective content suppliers and protected by U.S. and international copyright laws.
All marks associated with third party products, documents and company names mentioned on this Site are the trademarks or service marks of their respective owners. Trademarks appearing on Teslar.com may only be used with the permission of Teslar LLC. or the respective trademark owners.
SALES & USE TAX NOTIFICATION
Teslar Wearable collects sales tax on shipments to customers located in certain states. Your purchase is not exempt merely because the purchase is made over the internet, by catalog, or by other means for which you did not pay sales tax. Your state may require you to report any purchase that was not taxed by Teslar Wearable and pay use tax on the purchase. Depending on your state’s filing requirements, the tax may be reported and paid on your state individual income tax return or by filing a consumer use tax return. Additional information on sales and use tax reporting and payment requirements can be found on the Department of Revenue website for your state
By providing your email address to Teslar Wearable at the time of order placement, you agree to receive any use tax notifications required of Teslar Wearable by the various states.
Colorado: Teslar Wearables does not collect Colorado sales or use tax. Under Colorado law, purchases are not tax exempt merely because it is made over the internet or because the seller is not required to collect Colorado sales or use tax. Colorado law requires Colorado purchasers to review untaxed purchases and, if any tax is owed, file a Colorado use tax return, and pay any tax due.
Kentucky: Teslar Wearable does not collect Kentucky sales or use tax. Your purchase may be subject to Kentucky use tax unless the purchase is exempt from taxation in Kentucky. The Commonwealth of Kentucky requires Kentucky purchasers to report all purchases of tangible personal property or digital property that are not taxed by the retailer and pay use tax on those purchases unless exempt under Kentucky law. The tax may be reported and paid on the Kentucky individual income tax return or by filing a consumer use tax return with the Kentucky Department of Revenue. These forms and corresponding instructions may be found on the Kentucky Department of Revenue’s website.
Louisiana: Your purchase is subject to Louisiana use tax unless it is specifically exempt. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. Louisiana law requires that use tax liability be paid annually on the purchaser’s income tax return, or through other means as may be required by an administrative rule promulgated by the Louisiana Department of Revenue.
Oklahoma: Teslar Wearable is not required and does not collect Oklahoma sales or use tax. Your purchase is subject to Oklahoma use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. The state of Oklahoma requires Oklahoma purchasers to report all purchases that were not taxed by the retailer and pay use tax on those purchases. The use tax may be reported and paid on the Oklahoma individual income tax return or by filing a consumer use tax return. The returns and corresponding instructions are available on the Oklahoma Tax Commission’s website.
Pennsylvania: Pennsylvania sales or use tax may be due in connection with the purchase and delivery of tangible personal property to Pennsylvania purchasers. The Commonwealth requires the purchaser to file a use tax return if tax is due in connection with the purchase and delivery in the Commonwealth. This notice is required pursuant to the provisions of the Tax Reform Code of 1971. 72 P.S. § 7213.2.
Puerto Rico: Teslar Wearable does not collect Puerto Rico sales or use tax. Use tax is due on the purchase unless exempt from Puerto Rico sales and use tax. Puerto Rico requires the purchaser to pay the use tax on the purchaser’s tax return.
Rhode Island: Please be advised that pursuant to Rhode Island General Laws §§44-18-18 and 44-18-20, sales or use tax is due on taxable purchases made from Teslar Wearable. If tax was not paid at the time of purchase, the State of Rhode Island requires all customers who use, store, or otherwise consume taxable goods and services in Rhode Island to file a signed use tax return, Form T-205. This form is available on the Rhode Island Division of Taxation website (www.tax.ri.gov).
South Carolina: The purchase of tangible goods for use in South Carolina, on which no South Carolina sales and use tax has been paid, are subject to the use tax. Examples include catalog purchases, goods bought online over the internet, or furniture purchased out of state and delivered to South Carolina on which no (or insufficient) South Carolina tax was paid.
South Dakota: Teslar Wearable is not required to and does not collect South Dakota sales or use tax. Your purchase is subject to South Dakota use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because the purchase is made over the internet, by catalog, or by other means. The state requires each South Dakota purchaser to report any purchase that was not taxed by the retailer and pay use tax on the purchase. The use tax may be reported and paid on the South Dakota use tax form. For the use tax form and corresponding instructions, visit the South Dakota Department of Revenue and Regulation website.
Vermont: Teslar Wearable does not collect Vermont sales or use tax. Use tax is due on the purchase and it is not exempt from Vermont sales and use tax. Vermont requires the purchaser to pay the use tax on the purchaser’s tax return
Washington: Washington sales or use tax is due on your purchase. Your purchase is not exempt merely because it is made over the internet, by catalog, or by other remote means. Washington law requires Washington purchasers to review untaxed purchases and, if any tax is owed, file a Washington use tax return, and pay any tax due. This notice is required pursuant to the provisions of the Tax Reform as added by Washington Code Ch. 28 (H.B. 2163), Laws 2017, 3rd Sp. Sess.
GENERAL
This User Agreement shall be construed and governed in all respects by the laws of the State of Connecticut as such laws are applied to agreements entered and to be performed entirely within Connecticut between Connecticut residents and without giving effect to any principles of conflicts of law. This User Agreement sets forth the entire understanding and agreement between User and Teslar LLC with respect to the subject matter hereof and terminates, cancels, and supersedes any and all oral or written agreements, understandings, statements, representations and warranties heretofore made relating to the subject matter hereof. The failure of User or Teslar LLC to insist upon strict adherence to any provision of this User Agreement on any occasion shall not be considered a waiver of such party's right to insist upon strict adherence to such provision on any other occasion or to any other provision of this Agreement in any instance. Any waiver shall be in writing signed by a duly authorized representative of the waiving party. If one or more any provision of this User Agreement is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. In the event a provision is held to be illegal, invalid, or unenforceable, the User Agreement shall remain in full force and effect and the arbitrator or court shall be empowered to modify, if possible, such illegal, invalid, or unenforceable provision to the extent necessary to make this User Agreement enforceable in accordance with the intent and purposes of the parties expressed herein to the fullest extent permitted by applicable law. The section headings contained in this User Agreement are for convenience only are in no way define, limit, or enlarge the scope of the provisions of such section and shall not be considered in the interpretation or enforcement of this User Agreement. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.
ACKNOWLEDGMENT
By accessing or using this Site, USER AGREES TO BE BOUND BY THE TERMS AND CONDITION, INCLUDING DISCLAIMERS. We reserve the right to review and update these terms at any time in our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. Teslar.com
Last Updated: March 20, 2021