Effective: April 12, 2024
Overview
Thank you for visiting Tate & Taylor, owned and operated by Tate and Taylor, LLC (“Tate & Taylor,” “we,” “us,” and “our”). Tate & Taylor offers this website, www.tateandtaylor.com (the “Site”) including all information, tools and Services (defined below) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You must agree to these Terms to access the Site and to use the Service. By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you visit the Site or use the Services, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. If you do not accept these Terms, then you may not use the Service.
By agreeing to these Terms, you expressly agree to the arbitration of all Disputes as further described below. Any controversy, allegation, or claim that arises out of or relates to the Service, these Terms or any additional terms, whether heretofore or hereafter arising (collectively, a “Dispute”), except for any controversy, allegation or claim that arises out of or relates to our actual or alleged intellectual property rights (an “Excluded Dispute”), shall be finally resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and that these Terms do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitrator or arbitral panel may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of the arbitration provisions will remain in force.
Changes to These Terms
We may update these Terms at any time, and we will post the updated version of these Terms to the Site. You understand and agree that you will be deemed to have accepted the updated Terms if you use any aspect of the Service after the updated Terms are posted. If at any point you do not agree to any portion of these Terms then in effect, you must immediately stop using the Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
Online Store Terms Including Permitted Uses and Restrictions
By using the Site, you are granted a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access the Site and use the Service (including updates and upgrades that replace or supplement it in any respect and which are not distributed with a separate license, and any documentation) solely for your personal use on a device that you own or control. We reserve all other rights, which are not granted in these Terms.
You may not access or use the Service in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit, or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling, or hacking of the Service; (ii) sell, assign, rent, lease, or grant rights in the Service, including, without limitation, through sublicense, to any other person or entity; (iii) use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws; or (iv) use the Service for any unlawful, prohibited, abnormal, or unusual activity as determined us at our sole discretion.
You must not use (or permit a third party to use) the Site or access the Services: (i) in any unlawful manner, for any unlawful purpose, or to act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system used by the Site and Service; (ii) in a way that could damage, disable, overburden, impair or compromise our systems or security, or interfere with other users; (iii) to collect or harvest any information or data from the Site or our systems or attempt to decipher any transmissions to or from the servers running the Site; (iv) via use of a robot, spider, or other automated device to monitor or copy the Site or any information provided by the Service; (v) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these Terms; or (vi) to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam). You acknowledge and agree that you are solely responsible, and we have no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions
We reserve the right to refuse Service to anyone for any reason at any time. Purchases through the Site are limited to U.S. residents only as we do not ship outside the U.S., and do not process currency other than U.S. dollars.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, Completeness and Timeliness of Information
You may register for an account on the Site by completing the registration process. If you register for an account, you agree to complete the registration process by providing us with current, complete, and accurate information as requested by any forms. You agree to pay all applicable fees and taxes incurred by you or anyone using your account. YOU ACKNOWLEDGE YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORIZED CHARGES. You have the right to cancel your account at any time. You may cancel your account by contacting us at hello@tateandtaylor.com.
We are not responsible if information made available on the Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on the Site is at your own risk.
The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modification to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products or Services
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our policy regarding Orders, Shipping, Returns, and Refunds.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Terms of Sale and Payment
If you choose to purchase products, you will be required to provide a current, valid, accepted method of payment (“Payment Method”). You may choose to have your Payment Method saved for easier subsequent checkouts.
If you choose, at your sole discretion, to purchase goods from us, you agree that, with your authorization, we may charge your credit card, or other chosen Payment Method, and you understand that all payments must be in U.S. dollars. We use authorized third parties for the purpose of processing your transactions, credit card authorization, order fulfillment, and shipping. By submitting Payment Method details to us or our third-party processors, you grant (or otherwise authorize) Tate and Taylor the right to store and process your information with such third parties. You agree that Tate and Taylor will not be responsible for any failures of such third parties to adequately protect your information.
The products displayed through the Service can be ordered and delivered only within the United States. All prices displayed through the Service are quoted in U.S. dollars and are exclusive of taxes, and delivery charges.
We cannot guarantee the availability of a particular product at any particular time, and we reserve the right to change and/or cancel our merchandise offerings through the Service, without notice, at any time.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Unless you are an authorized retailer, all products sold by or received from Tate and Taylor are intended to be used for personal purposes only, and you may not sell or resell any products you purchase or otherwise receive from the Site.
We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as determined by us in our sole and absolute discretion.
For more details, please review our policy regarding Orders, Shipping, Returns, and Refunds.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third-Party Links
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Intellectual Property Rights
The Tate and Taylor name and logo are trademarks and service marks of Tate and Taylor. You do not have any right to use any of our trademarks, services marks, or logos. Any unauthorized use of any such marks or logos may be a violation of federal and state trademark laws.
You acknowledge and understand that all intellectual property rights in the Site and the Services, whether registered or unregistered, including but not limited to rights in logos, graphics, “look and feel,” trade dress, structure, organization, code, and all content in the Service and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Tate and Taylor, protected by intellectual property laws. You acknowledge and agree that Tate and Taylor, and/or its licensors, owns all right, title and interest in and to the Site and Services, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the service is protected by U.S. and international copyright laws. Further, you acknowledge that the Site and Services may contain information that Tate and Taylor has designated as confidential and you agree not to disclose such information without Tate and Taylor prior written consent. Nothing posted on the Site or in the Services grants a license to any Tate and Taylor’s trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Site and Services is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Tate and Taylor. When accessing the Site and Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Errors, Inaccuracies and Omissions
Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DMCA Notice
We respect intellectual property laws and expects its users to do the same. It is our policy to terminate, in appropriate circumstances, users, including account holders, who infringe or are believed to be infringing the intellectual property rights of others.
It is our policy, in appropriate circumstances and at its discretion, to disable and/or terminate user’s use of the Site or Services who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to claims of copyright infringement committed using Site that is reported to our Designated Agent, identified in the sample notice below.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Tate and Taylor’s Designated Agent. Upon receipt of the Notice as described below, we will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
6. Deliver this Notice, with all items completed, to Tate and Taylor’s Designated Agent
Tate and Taylor’s Designated Agent
55 Music Square West Floor 2, Nashville, TN 37203
hello@tateandtaylor.com
Counter Notices
One who has posted material that allegedly infringes a copyright may send us a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When we receive a counter notice, we will reinstate the material in question in not less than 10 and not more than 14 business days after we receive the counter notice unless we first receive notice from the copyright claimant that he/she/they has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please return the following form to our Designated Agent. Please note that if you provide a counter notice, in accordance with our Privacy Policy and the terms of the DMCA, the counter notice will be given to the copyright claimant.
Counter Notice
1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and, if available, email address.
3. Include both of the following statements in the body of the Notice:
- “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which we may be found, and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
4. Provide your full legal name and your electronic or physical signature.
5. Deliver this Notice, with all items completed, to Tate and Taylor’s Designated Agent:
Tate and Taylor’s Designated Agent
55 Music Square West Floor 2, Nashville, TN 37203
hello@tateandtaylor.com
Notification of Claimed Trademark Infringement:
If you are a trademark owner and you believe your trademark (the “Mark”) being used on the Site by a user in a way that constitutes trademark infringement, please note that we are not in a position to mediate trademark disputes between users and trademark owners. Because of this, we strongly encourage trademark owners to resolve their disputes directly with the user who posted the content in question.
If you are unable to resolve your dispute directly, and you believe that the Mark is being used on the Site by a user in a way that constitutes trademark infringement, please provide Tate and Taylor’s Designated Agent (specified above) with the following information:
1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit us to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
4. Information reasonably sufficient to permit us to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
- “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.”
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark.”
Upon receipt of notification of claimed trademark infringement as described above, we will seek to confirm the existence of the Mark on the Site, notify the registered user who posted the content including the Mark, and will within a reasonable time take action to remove or disable the Mark on the Sites.
One who has materials removed from the site in response to a notification of claimed trademark infringement will have the right to submit a counter-notification to us within 10 business days. When we receive a counter-notification, we will reinstate the material in question within a reasonable period of time after we receive the counter-notification. To provide a counter-notification to us, please return the following form to our Designated Agent. Please note that if you provide a counter-notification, in accordance with our Privacy Policy the counter-notification will be given to the claimant. A counter-notification must contain the following elements:
Counter-Notification
1. Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
2. Provide your mailing address, telephone number, and, if available, email address.
3. Include both of the following statements in the body of the Notice:
- “I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Provide your full legal name and your electronic or physical signature.
Notification of Other Intellectual Property (“IP”) Infringement:
If you believe that some other IP right of yours is being infringed by a user, please provide Tate and Taylor’s Designated Agent (specified above) with the following information:
1. Your full legal name and your electronic or physical signature.
2. Information reasonably sufficient to permit us to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
3. Identification of the IP alleged to have been infringed, including (i) a complete description or explanation of the nature of the IP, (ii) evidence that you own the IP in the relevant jurisdiction, including copies of relevant patents, registrations, certifications or other documentary evidence of your ownership, and (iii) a showing sufficient for us to determine without unreasonable effort that the IP has been infringed.
4. Information reasonably sufficient to permit us to identify the use being challenged.
5. Include both of the following statements in the body of the Notice:
- “I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law.
- “I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the IP or authorized to act on behalf of the owner of the IP.”
Upon receipt of notice as described above, we will seek to confirm the existence of the IP on the Site, notify the user who posted the content including the IP, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the IP from the Site.
Disclaimer of Warranties
WE PROVIDE THE SITE AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE OR THE S WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS, OR ERRORS IN THE SITE OR SERVICES OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE OR SERVICES. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Service is accurate, complete or up to date.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXCLUDE ALL CONDITIONS, WARRANTIES, REPRESENTATIONS AND OTHER TERMS, WHICH MAY APPLY TO THE SITE OR S (INCLUDING OUR PRODUCTS), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES WITH RESPECT TO THE SERVICE (INCLUDING OUR PRODUCTS) AND ALL INFORMATION AND CONTENT INCLUDED ON THE SERVICE (INCLUDING OUR PRODUCTS).
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
No information or advice obtained through the Service, or affirmation by us, by words or actions, shall constitute a warranty.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Site and Services and all products and Services delivered to you through the Site and Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
Limitation of Liability
IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY, OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE (INCLUDING OUR PRODUCTS) OR YOUR INABILITY TO ACCESS OR USE THE SITE OR SERVICE (INCLUDING OUR PRODUCTS)) ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THE SITE OR SERVICE (INCLUDING OUR PRODUCTS) OR THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TATE AND TAYLOR, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Your sole remedy for dissatisfaction with the Site or Service including, without limitation, content or products offered on the Site or Service, is to stop using the Site or Service (including our products). Such limitation shall also apply with respect to damages incurred by reason of services or products received through or advertised in connection with the Site, Service or any links on the Site or Service, as well as by reason of any information or advice received through or advertised in connection with the Site, Service or any links on the Site or Service. Such limitation shall also apply with respect to damages incurred by reason of any content posted by a third party or conduct of a third party on the Site or Service.
In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site or Service or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances, the greater of: (i) the total amount paid for goods in the preceding 30 days, or (ii) One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms or the performance or non-performance of the Service (including our products) must be brought within one year after such claim or cause of action arises or be forever barred.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, TATE AND TAYLOR’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON TATE AND TAYLOR’S CHOICE OF LAW PROVISION SET FORTH BELOW.
If you are a California resident, you waive California Civil Code Section 1542, which states, in part “a general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him, her or they would have materially affected his or her settlement with the debtor or released party.”
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with: (i) your use of Site and the Service; (ii) your breach or violation of any these Terms; (iii) your violation or the rights of any third party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations. In such event, you shall provide the Indemnified Parties with such cooperation as is reasonably requested by the Indemnified Parties.
Notice to California Residents Pursuant to Civil Code Section 1789.3
Under California law, as noted above, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.
Dispute Resolution / Mandatory Binding Arbitration
User Concerns. Most user concerns can be resolved quickly and to the user’s satisfaction by contacting us at the contact details contained herein.
Arbitration Procedures. In the event your concern cannot be resolved informally, you and Tate and Taylor agree that, except as provided below, all Disputes (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Section (Dispute Resolution) and the JAMS Rules, the terms in this Section will control and prevail.
Except as otherwise set forth below, you may seek any remedies available to you under federal, state, or local laws in an arbitration action. As part of the arbitration, both you and Tate and Taylor will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given, and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (i) you and Tate and Taylor may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (ii) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.
IN THE CASE OF ARBITRATION AND WHERE PERMITTED BY LAW, YOU ARE AGREEING TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
The arbitration will take place in the County if Davidson, and City of Nashville, Tennessee, unless the parties agree to video, phone, or internet connection appearances.
You and Tate and Taylor agree that any arbitration shall be limited to the Claim between Tate and Taylor and you individually. YOU AND TATE AND TAYLOR AGREE THAT (i) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (ii) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (iii) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.
You and Tate and Taylor agree that the following Claims are not subject to the above provisions concerning binding arbitration: (i) any Excluded Dispute; (ii) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.
If you initiate arbitration for a Claim, you will need to pay JAMS arbitration initiation fee. If Tate and Taylor initiates arbitration for a Claim, Tate and Taylor will pay the costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.
You and Tate and Taylor agree that if any portion of this Section is found illegal or unenforceable, that portion shall be severed and the remainder of the Section shall be given full force and effect. If the paragraph in bold in this Section is found to be illegal or unenforceable then neither you nor Tate and Taylor will elect to arbitrate any Claim falling within that portion of the paragraph in bold in this Section found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Davidson, City of Nashville, Tennessee, United States of America, and you and Tate and Taylor agree to submit to the personal jurisdiction of that court.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
We may terminate these Terms, deactivate your Account, and/or your permission to use the Service immediately, without prior notice or liability, if (i) you commit any breach of these Terms, (ii) we discontinue the Site or Service, or (iii) we are prevented from providing the Site or Service for any reason. Furthermore, we reserve the right to change, edit, suspend, delete, and/or cancel any part of the Site or Service, your Account, and/or your access to the Site or Service at any time with or without notice to you: (i) if required by law, or (ii) due to an event beyond our control. You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Site or Services (or any part thereof).
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing Law
These Terms are governed by Tennessee law, consistent with the Federal Arbitration Act, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from these Terms.
Assignment
The rights granted to you under these Terms cannot be assigned with our prior written consent, and any attempted unauthorized assignment will be null and void.
Changes to these Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our Site periodically for changes. Your continued use of or access to the Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Contact
If you have any questions about Terms of Service or our Site, please contact us as hello@tateandtaylor.com.