Last update: January 27, 2025
1. Welcome and Introduction
Welcome to the TNG family of websites. The following terms of use (referred to as both the "Terms of Use" and/or the "Agreement") apply to the TNG website (https://www.tngworldwide.com/) and all other sites, mobile sites, services, applications, platforms, and tools where these Terms of Use appear or are linked (collectively, the "Site"). You may be accessing our Site from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of the Site and your conduct, regardless of the means of access.
PLEASE NOTE: THESE TERMS OF USE CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “DISPUTE RESOLUTION” SECTION, BELOW.
Please read these terms and conditions carefully. BY USING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, (INCLUDING THE CLASS ACTION AND JURY TRIAL WAIVERS BELOW), INCLUDING OUR PRIVACY POLICY. If you do not agree with any of these, you should not use our sites.
2. Who We Are
As used in this Agreement, and on the Site, "tngworldwide.com,” “TNG,” “TNG”, “Site”, and “We" refers to TNG Worldwide, Inc., with headquarters located at 29683 W K Smith Dr., New Hudson, Michigan 48165. All content held on this website is the exclusive property of TNG Worldwide, Inc.
3. Changes to This Agreement
TNG reserves the right to change or modify any of the terms and conditions contained in the Terms of Use from time to time at any time, without notice, and in its sole discretion. If TNG decides to change these Terms of Use, TNG will post a new version on the Site and update the date set forth above. ANY CHANGES OR MODIFICATIONS TO THESE TERMS OF USE WILL BE EFFECTIVE UPON POSTING OF THE REVISIONS. THE UPDATED TERMS OF USE WILL REPLACE THE PRIOR VERSION AND ARE APPLICABLE TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS AROSE. For this reason, you should frequently review these Terms of Use and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site. Your continued use of the Site following the posting of changes to these Terms of Use will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.
4. Age Requirement
The Site is intended for use by persons who are at least 18 years old, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding contract. If you are under 18, you may use the Site only with the permission and under the supervision of a parent or guardian who is at least 18 years old.
5. License and Access
TNG grants you a limited license to access and make personal use of the Site and Site content only for noncommercial purposes and only to the extent such use does not violate this Agreement. This license does not include any resale or commercial use of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site; any downloading, copying, or other use of the Site for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in this Agreement are reserved and retained by TNG and/or its content providers. The Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of TNG. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TNG without express written consent. You may not use any meta tags or any other "hidden text" utilizing TNG's name or trademarks without the express written consent of TNG. You may not misuse the Site. You may use the Site only as permitted by law. The licenses granted by TNG terminate if you do not comply with this Agreement and/or any other Terms of Use.
6. Copyright Notice
All Site content, including design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof, are the exclusive property of TNG, or its respective content providers, and are protected by U.S. and international copyright laws. All software used on the Site is the property of TNG or its respective software suppliers, and such software is protected by U.S. and international copyright laws and other laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of TNG and is protected by U.S. and international copyright laws. No Site content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in the Terms of Use, or with our prior express written consent. Modification or use of Site content for any other purpose is prohibited.
7. Trademarks
All trademarks and service names included in or made available through the Site, are trademarks or trade dress of TNG or its licensors. TNG's trademarks and trade dress may not be used in connection with any product or service that is not TNG's or in any manner that is likely to cause confusion among customers. All rights are reserved. All other trademarks not owned by TNG that appear on any Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TNG.
8. Privacy Policy
TNG protects customer information according to our Privacy Policy posted on the Site. Our Privacy Policy, as amended from time to time, is incorporated by reference to be a part of this Agreement. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms of Use (including without limitation the license rights granted hereunder) or any content or activities relating to the Site. You acknowledge that TNG may preserve content you provide and may also disclose such 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; (b) enforce these Terms of Use; (c) respond to claims that any such content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TNG, Site users, and the public.
9. Colors/Satisfaction Policy/Returns
TNG has made reasonable efforts to display as accurately as possible the colors of the products that appear on the Site. However, the actual colors you see will depend on a number of factors including the monitor that you use and the settings on the monitor. TNG does not guarantee that the display of any color will be accurate. If for any reason you are unsatisfied with your experience on the Site, please contact us. If for any reason you are not satisfied with any products you purchase on the Site you can return the products and request a refund in accordance with the return policies stated in the purchase Terms and Conditions.
10. Orders
All purchase requests or orders made on the Site are subject to the purchase Terms and Conditions.
The receipt of an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Such receipt also does not constitute a confirmation that the product or service is in stock or otherwise available on the price and terms published on the Site, or published in any catalog or other advertisement. Verification of order and customer information may be required prior to the acceptance of any order.
TNG reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to anyone for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified as potential fraud. TNG reserves the right to limit the quantity of items purchased per person, per household or per order for any reason; and these restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing address and/or shipping address.
With respect to items sold by TNG, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of any errors relating to the pricing or specifications of any product, TNG shall have the right to refuse or cancel any orders in its sole discretion. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. TNG is not obligated to fulfill any order and may refuse any order.
11. Risk of Loss
The risk of loss for and title to items purchased on the Site passes to the purchaser upon delivery to the carrier.
12. Notices and Electronic Communications
You agree to electronic communication for all of your transactions and communication with TNG and the Site. You agree that all postings, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Except as otherwise provided in these Terms of Use, TNG will give you any notices by posting them on the Site, and you agree that such posting will constitute effective notice. You authorize TNG to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if TNG decides, in its sole discretion, to do so. Except as otherwise provided, any notices to TNG in connection with the Terms of Use may be sent to:
TNG Worldwide, Inc.
ATTN: Website Terms of Use
29683 W. K Smith Dr
New Hudson, MI 48165
13. Procedure for Copyright Infringement Claims
TNG respects the intellectual property of others. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement, please follow the instructions below to contact us to report possible copyright infringement.
TNG's policy is to respond promptly to claims of copyright infringement on our Site. If you believe that your work has been copied on our Site in a way that constitutes copyright infringement under United States copyright law, please submit a notification to TNG's Copyright Agent (listed below).
Please provide all of the following information in your notification:
(a) The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(b) A description of the copyrighted work(s) that you claim has been infringed;
(c) A description of the location on the Site of the material that you claim to be infringing;
(d) Your address, telephone number, and email address;
(e) A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the information in your notification to TNG is accurate and that you are authorized to act on behalf of the copyright owner.
TNG's Copyright Agent can be reached as follows:
TNG Worldwide, Inc.
ATTN: Copyright Agent
29683 W. K Smith Dr
New Hudson, MI 48165
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on the Site.
Upon receipt of a valid notification of alleged copyright infringement by a third party, TNG's policy is to remove or disable access to the material identified in the notice, forward the written notification to the alleged infringer, and take reasonable efforts to notify the alleged infringer that it has removed or disabled access to the material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with TNG's Copyright Agent at the address listed above.
To be effective, a counter notification must be a written communication provided to TNG's Copyright Agent that includes the following:
(a) Your physical or electronic signature;
(b) A description of the material that has been removed or to which access has been disabled, and the location where the material appeared before it was removed or access to it was disabled;
(c) A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed or disabled;
(d) Your name, address, telephone number, and email address; and
(e) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter notification is received by the Copyright Agent, TNG may send a copy of the counter notification 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 alleged infringer, the removed content may be replaced, or access to it restored, in 10 to 14 business days after receipt of the counter notification, in TNG's sole discretion.
14. Outside Sites and Linking
The Site may contain links to other sites on the Internet that are owned or operated by third party vendors and other third parties (the "Outside Sites"). TNG is not responsible for the availability of, or the content located on or through, any Outside Site. You should contact the site administrator for those Outside Sites if you have any concerns regarding such links or the content located on such Outside Sites.
15. Your Account
You may be required to register an account (“Account”) with TNG in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the 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, as further stated in these Terms of Use. In addition to all other rights available to TNG in, TNG in reserves the right, in its sole discretion, to terminate your Account, refuse service to you, or cancel orders.
16. Posted Content – Liability, Warranties and Representations
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing ("posting") any content on the Site, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, "Content"), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to TNG the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18) years old) who appears and/or is heard in your Content to grant the rights to TNG described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
17. Posted Content – Ownership of Rights and License
You hereby grant to TNG a permanent, worldwide, royalty-free, freely transferable, freely sublicensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. You also hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content. You acknowledge that the posting of your Content for any period of time is sufficient consideration for the license granted herein to TNG.
18. Posted Content – Restrictions and Other Prohibited Conduct
You agree not to post to the Site any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party's intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) 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; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Site; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters"; (d) frame any part of the Site, or link to the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by TNG; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or performance, or send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient.
19. Disclaimer
TNG does not represent or warrant that the information accessible through the Site is accurate, complete or current or that any advice or any particular product will achieve any result of any kind. Price and availability information contained on this site is subject to change without notice. TNG shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.
All materials and information presented by TNG on the Site are intended to be used for informational purposes only. The products promoted on the Site, including cosmetic products, are not intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease, and are not intended to affect the structure of or any function of the human body. The results reported, if any, may not necessarily occur in all individuals. Please consult with your own physician or health care practitioner regarding any suggestions and recommendations made at the Site.
THE SITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM TNG, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITE AND CONTENT AT YOUR OWN RISK.
In providing product information to its customers, TNG relies in part on product descriptions furnished by manufacturers, wholesalers, and other third parties. If you believe that any information is not accurate, please Contact Us.
TNG cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, WRITTEN MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY TNG ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES, INCLUDING ANY EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OR ANY WARRANTIES AS TO THE COMPLETENESS OF THE SITE CONTENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY, OR THAT EMAILS SENT FROM TNG ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL BE APPLICABLE ONLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW AND SHALL IN NO EVENT BE CONSTRUED TO BE BROADER THAN PERMITTED BY THE APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TNG EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
20. Use of Site Prohibited Conduct
You may access the content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the content other than as expressly provided herein.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any content or enforce limitations on use of the Site or the content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. TNG reserves all rights not expressly granted in and to the content. When using the Site, you may not act in a manner that negatively affects other users' ability to engage in real time exchanges.
21. Indemnification
As a condition of your access to and use of the Site, you agree to hold TNG, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers, and each of their respective successors and assigns, harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including but not limited to attorneys' fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of the Site and the content therein; (ii) your violation of these Terms of Use (including terms incorporated into them, including the Privacy Policy and the purchase Terms and Conditions), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) TNG's resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) any improper authorization by you for TNG to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that TNG may disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) TNG will have the right but not the obligation to resolve disputes between users relating to the Site and TNG's resolution of a particular dispute does not a create an obligation to resolve any other dispute; and (b) TNG's resolution of a dispute will be final with respect to the Site.
22. Exclusion of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER TNG, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF TNG AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
23. Support
TNG has no obligation to provide you with customer support of any kind for use of the Site, and any support for use of this Site is provided at TNG’s sole discretion. TNG may provide you with customer support from time to time, at TNG’s sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such Account.
24. Termination
TNG may at any time, without any notice to you and without incurring any liability to you, terminate access by you or suspend your access to all or part of the Site, at TNG’s sole discretion, with our without cause, including for what TNG, in its sole discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of another user, a third-party, a merchant, a sponsor, a licensor, a service provider, or TNG. You will still be liable for any breaches of these Terms and/or obligations incurred before termination or suspension of such access.
25. Severability
If any part of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect.
26. No Assignment
These Terms of Use (including the Privacy Policy and any terms incorporated herein) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of TNG. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of TNG will be null and void. TNG shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
27. Dispute Resolution
The Site is controlled within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk and you are responsible for compliance with applicable local laws. You may not use or export anything from the Site in violation of U.S. export laws and regulations or the Terms of Use. By visiting the Site, you agree that these Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Michigan, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. Any dispute or claim relating in any way to your visit to the Site or to products or services sold or distributed by TNG or through the Site will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, DE 19808. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
28. Time Limitation on Actions
Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
29. Paragraph Headings
The paragraph headings in these Terms of Use are included to help make these Terms of Use easier to read only and have no binding effect.
30. Entire Agreement
These Terms of Use (including the Privacy Policy and any other terms incorporated into them the entire agreement (the "Entire Agreement") between you and TNG with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the entire Agreement.
31. No Waiver
The failure of TNG to exercise or enforce any right or provision of these Terms of Use, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or TNG's right to act with respect to subsequent or similar breaches.