IMPORTANT! READ CAREFULLY.
THE FOLLOWING IS A LEGALLY BINDING AGREEMENT.
Posted August 1, 2010
This website (the “Website”) is owned and operated by Tibi, LLC (hereinafter “Tibi”), a Delaware limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.
- Limitations on Use. The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Tibi’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Tibi’s prior written permission. The Website is not meant for use by persons under the age of 18 and Tibi will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent.
- Intellectual Property Rights.
- Trademark Notice. Tibi, the Tibi logo , and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Tibi, LLC and may be registered in the United States or in other jurisdictions including internationally. Tibi’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Tibi in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Tibi; or (iii) in any manner that disparages or discredits Tibi. All other trademarks not owned by Tibi that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Tibi.
- Trademark Notice. Copyright Notice. All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Tibi or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Tibi and protected by U.S. and international copyright laws.
The Website is © 2010 Tibi, LLC – All Rights Reserved.
- By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Tibi are and shall remain, except where owned by a third party, the sole and exclusive property of Tibi. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Tibi’s trademarks, service marks, trade dress or Content.
- Linking to the Website. You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Tibi notice of such link by sending an e-mail to email@example.com, and (c) you discontinue providing such link to this Website if requested by Tibi. If you wish to provide a link to a section within the Web site, you should forward your request to Tibi at firstname.lastname@example.org and Tibi will notify you if permission is granted, and if so, the terms and conditions of the such permission.
- Returns Policy. You shall have the opportunity to review, modify, and confirm each transaction you are contemplating. Returns shall be accepted by us only on the following terms and conditions:
- Tibi.com will accept returns of full-priced merchandise only. All Sale merchandise is Final Sale and may not be returned;
- Returns must be received by Tibi in their original condition, not having been worn or altered, and with all original tags, belts, designer packaging, and other items which may have accompanied your purchase still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer at Tibi’s sole option;
- Swimwear must have the sanitary lining still intact and be in its original packaging;
- Footwear must be returned with no visible wear on the soles;
- Shoe boxes are considered part of the product and must also be returned undamaged in order to receive a full refund;
- Returns must be booked for shipment to Tibi within 14 days from the date on which such items were delivered to you by Tibi;
- If you send your Returns using our UPS label, a charge of $10 for return shipping will be deducted from your refund.
To return any full-priced merchandise purchased on the Website, go to the returns section.
- Limitations on Liability. You acknowledge and agree that:
- The Website is provided on an “as is” basis. Tibi makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Tibi does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;
- Tibi may make improvements and/or changes to the Content and/or the features and functionality of the Website at any time, but it shall be under no obligation to do so;
- In the event that third party content appears on the Website or is accessible via links from the Website, Tibi shall not be responsible and assumes no liability for any mistakes, misstatements, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or linked (including through multiple tiers) to the Website. You understand that the information and opinions in the third party content are neither endorsed by nor reflect the belief of Tibi. If you download any material from, provide any information to, or transact any business on a linked website, you do so solely at your risk;
- Tibi’s sole liability to users of the Website is limited to the delivery of merchandise purchased on the Website or a refund for same, if applicable, in accordance with Tibi’s Returns Policy stated in paragraph 6 above. In no event shall Tibi or its officers, directors, shareholders, employees, sub-contractors, licensees or agents be liable to you or any third party for any direct, indirect, special, incidental, consequential, punitive or exemplary damage (including but not limited to loss of business, profit, information, data, use, revenue or other economic advantage) arising out of or connected to (a) your reliance on or use of the Website or the Content, (b) the misuse by any third party of any PII, (c) your failure to provide and maintain accurate PII, or (d) your access or use of a website linked (including through multiple tiers) to the Website;
- The foregoing limitations on liability (a) shall apply regardless of the theory on which such damage is based and even if Tibi or anyone associated with Tibi has been advised of the possibility of such damage; and (b) are a fundamental condition of this Agreement and you would have no lawful access to the Website or Services without such limitations;
- Some states or other jurisdictions do not allow the exclusion of implied warranties and limitations on certain kinds of liability, so some of the above may not apply to you. In any jurisdiction or proceeding in which the foregoing limitations on liability are found not to apply, in no event shall our liability to you for any claim exceed One Hundred US Dollars (US $100).
- Force Majeure. Tibi shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.
- Indemnification. You hereby agree to and do hereby indemnify, save, and hold harmless Tibi and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or your use of or conduct on the Website.
- No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
- If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
- This Agreement shall be governed by and shall be construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto
- The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
To Contact Tibi.
If you have questions or suggestions regarding this ToS, please contact us by email at email@example.com