Information We Collect

We collect information and data about users of our website, blog, online learnings, mobile site, about individuals that attend events organized or hosted by us, or when individuals otherwise contact us.

‍(a) Information You Choose to Submit
When you create an account and profile on our website or attend an event organized or hosted by us, we collect your name, contact information, and other information you provide.

‍(b) Information We Automatically Collect
Through the use of cookies and other similar technologies, we automatically collect personal information about you such as how you access and use our website, blog, online learnings, mobile site, and information about the device you use to access our online services. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your device. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies as soon as you visit a tend.ly website. Our website and online services use cookies to distinguish you from other users of our services. This helps us to provide you with a good experience when you browse our website and also allows us to improve our platform and enhance your experience. The cookies we use are designed to help you get the most from our website, but if you do not wish to receive cookies, most browsers allow you to change your cookie settings. Please note that if you choose to refuse cookies you may not be able to use the full functionality of our website. These settings will typically be found in the “options” or “preferences” menu of your browser.

‍(c) Third Party Sources
We occasionally obtain information from third parties. These third-party sources include:Applications and services, such as social networks, that make users’ information available to others;Partners with which we jointly provide services; andPublicly-available sources, such as open government databases or other data in the public domain.We protect information obtained from third parties according to the practices described in this statement, plus any additional restrictions imposed by the source of the information. When you are asked to provide personal information, you may decline. But if you choose not to provide information that is necessary for us to provide our services, we may not be able to provide those services to you.

How We Use Your Information

We use personal information gathered through our services for purposes described in this privacy statement or otherwise disclosed to you. For example we use your personal information to: provide and deliver our services, provide customer support, and respond to your questions; operate our business, including business analytics; send you information, such as confirmations, updates, and support and administrative messages; and communicate with you about new developments, upcoming events, and other non-essential or promotional information.

How We Share Your Information

We share personal information with your consent or as necessary to complete your transactions or provide the services you have requested or authorized. For example, when you provide information in the course of making a payment, we will share that information with banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, or other related financial services. We share personal information with vendors or agents working on our behalf for the purposes described in this statement. For example, companies we’ve hired to provide accounting services, website hosting, event support and cloud-based office productivity services may need access to personal information to provide those functions. In such cases, these companies must abide by data privacy and security requirements and are not allowed to use personal information they receive from us for any other purpose. We may also disclose personal information as part of a corporate transaction such as a merger, transfer, divestiture, or sale of all or a portion of our business or assets.

Finally, we will access, transfer, disclose, and preserve personal information when we have a good faith belief that doing so is necessary to: comply with applicable law or respond to valid legal process, including from law enforcement or other government agencies; protect our clients or to help prevent the loss of life or serious injury of anyone; operate and maintain the security of our services and operations, including to prevent fraud or stop an attack on our computer systems or networks; or protect our rights or property, including enforcing the terms of our agreements.

How We Protect Your Information

The security of your information is important to us. tend.ly has implemented safeguards to protect the information we collect. However, no website or Internet transmission is completely secure. We urge you to take steps to keep your personal information safe, such as choosing a strong password and keeping it private, as well as logging out of your user account, and closing your web browser when finished using tend.ly services on a shared or unsecured device.

Choice and Control of Your Personal Information

Access, correction, and deletion.
If you wish to request access to, or correction or deletion of, personal information about you that we hold, you can do so by contacting us as described at the bottom of this privacy statement. However, to the extent permitted by applicable law, we reserve the right to charge a fee or decline requests that are unreasonable, excessive, or prohibited by law, could adversely affect the privacy or other rights of another person, or where we are unable to authenticate you as the person to whom the data relates.

‍Communications preferences.
You can choose whether you wish to receive promotional communications from us by email, SMS, physical mail, and telephone. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message, or by contacting us as described at the bottom of this privacy statement. These choices do not apply to mandatory service communications such as billing statements or communications that are part of our ongoing services.

‍Cookie controls.
Most web browsers are set to accept cookies by default. If you prefer, you can set your browser to delete or reject cookies.  If you choose to delete or reject cookies, this could affect certain features or services of our website.

‍Do Not Track.
Some browsers have incorporated “Do Not Track” (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites may not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.

Retention of Personal Information

We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, or for other essential purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements. Because these needs can vary in the context of different services and engagements, actual retention periods can vary significantly based on criteria including the types of data, the nature of the engagement and relationship, and our legal or contractual obligations.

Location of Personal Information

The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers maintain facilities. Currently, we store data primarily in the United States. We take steps designed to ensure that the data we collect under this statement is processed according to the provisions of this statement and applicable law wherever the data is located.

European Data Protection Rights

If the processing of personal information about you is subject to European Union data protection law, you have certain rights with respect to that data: You can request access to, and rectification or erasure of, personal information;If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of your personal information in a usable and portable format; If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing; You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances; and For residents of France, you can send us specific instructions regarding the use of your data after your death. To make such requests, contact us at the address provided at the bottom of this statement.  You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.

Changes to This Privacy Statement

We will update this privacy statement when necessary to reflect changes in applicable law or in how we process personal information. When we post changes to the statement, we will change the “Last Updated” date at the top of the statement.  If we make material changes to the statement, we will provide notice or obtain consent regarding such changes as may be required by law.

Tendly, LLC operates this web site. We provide website features to you subject to the following conditions.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE.

Electronic Communications

When you visit Web Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Trademarks

Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of us and our affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without our written permission or the written permission of such third party owner.

Linking to this Website

Creating or maintaining any link from another Web site to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any material displayed on this Web Site in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.

Third Party Links

From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other Web site, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from this Web Site, you do so entirely at your own risk.

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Tendly reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Tendly a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Tendly and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Tendly for all claims resulting from content you supply. Tendly has the right but not the obligation to monitor and edit or remove any activity or content. Tendly takes no responsibility and assumes no liability for any content posted by you or any third party.

Product Descriptions

Tendly attempts to be as accurate as possible. However, Tendly does not warrant that product descriptions or other content of this site is complete, reliable, current, or error-free. If a product offered by Tendly itself is not as described, your sole remedy is to return it in unused condition.

Site Contents

Occasionally there may be information on the Web Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
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Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade and/or other intellectual property owned, controlled, distributed or licensed by Tendly. The Web Site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Tendly.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Tendly does sell products for children, but it sells them to adults. If you are under 18, you may use Web Site only with involvement of a parent or guardian over the age of 18. Tendly reserves the right to refuse service, terminate accounts, delete comments made within our website or cancel orders in their sole discretion.

Limitations of Liability

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this Web Site.

IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
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IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.

Applicable Law

By visiting Web Site, you agree that the laws of the state of Oregon, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tendly.

Revisions to these Terms and Conditions

We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this Web Site.

For Families

If you believe you are entitled to a refund, we recommend you contact your provider to discuss. For payments made directly through MomentPath, you may contact us to assist you with your refund request.

For Providers Using MomentPath

Generally, MomentPath does not offer refunds. Please reference your MomentPath Order Form and Contract for additional terms and conditions regarding refunds. If you believe you’ve been charged in error, please contact us and we will attempt to resolve your request immediately.

For Families

If you would like to cancel your MomentPath account, please contact your provider. Your provider is responsible for managing your family or account information.

For Providers Using MomentPath

Please consult your MomentPath Order Form and Contract for terms regarding cancellation.  If you need clarification, please contact us.