Welcome to Tate & Taylor!

These Terms of Service apply to your access to and use of any websites, mobile applications, and other online products and services that are provided by Tate and Taylor, LLC or our subsidiaries, parents, or affiliates(“Tate and Taylor,” “we,” or “us”) or linked to the domain www.tateandtaylor.com,in addition to any third-party web platforms or downloadable software applications which you use to access such websites or services provided by us (collectively, our “website”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us or our subsidiaries or affiliates, for products, services or otherwise. If you purchase our products or services from us via our website, these Terms also include our Shipping and Returns Policy available on our website and any other agreements between us or other documentation, guidelines, or policies we may provide in writing.

In addition, if you provide us with your mobile phone number, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/tate-and-taylor/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/tate-and-taylor/privacy_policy). 

By using our website, you agree to these Terms of Service. Our Privacy Policy explains how we collect and use personal information you provide to us while using the website.

 

ACCESS TO THE WEBSITE

In connection with your use of the website, you are responsible for making all arrangements necessary for you to have access to the website; and ensuring that all persons who access the website through your internet connection are aware of these Terms of Service and comply with them. Specifically, you must be at least 18 years of age to access the website. If you use the website on behalf of another person or entity, you must have the authority to accept theseTerms of Service on their behalf.  

You must provide accurate and complete information when requested on the website. All information you provide in connection with your use of the website is governed by our Privacy Policy.

This website is intended for United States use only. We make no representation that any of the materials or the services to which you have been given access via the website are available or appropriate for use in locations outside of the United States. Your use of or access to the website should not be construed as Tate and Taylor purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction.

Our website contains information only and not advice. None of our products or services are intended to or do diagnose, treat, alleviate, or cure in any way any medical condition or disease, human or animal. You should not rely on our information or products as a substitute for professional health or medical advice for yourself or your pet. You should consult with your veterinarian, health care professional, or doctor for advice for any concerns about your or your pet's health, including those that may arise that may be related to your use of our products.

 

ACCESS RESTRICTIONS

You may access, and we grant you a non-exclusive right to use, the website and all content contained on the website in accordance with these Terms of Service. You will comply with these Terms of Service and all applicable laws when using the website. We have the right to disable your access to the website at any time, including if, in our opinion, you have violated any provision of these Terms of Service. 

You specifically agree not to use the website in any way that violates any federal, state, local, or international law or regulation of any jurisdiction applicable to you; to access any services provided by us in violation of any copyright or other intellectual property right of ours or of any third party; or to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website, or which, as determined by us, may harm us or users of the website, or expose them to liability.

You are also prohibited from violating or attempting to violate any security features of the website, including, without limitation: accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; attempting to probe, scan, or test the vulnerability of the website, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”; using the website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the website; or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any content on or the source code for the website.

Any violation of system or network security may subject you to civil and/or criminal liability.

Some portions of our website may be available to you only if you create an account with us. By creating an account, you agree to provide us with and maintain complete, accurate, and truthful information in response to our requests for such information in connection with your account. You may update your account information at any time, or may delete your account, via your account page or by contacting us.

We may suspend or terminate your access to your account at any time if we determine, in our sole discretion, that you have violated any provision of these Terms of Service.


WEBSITE CONTENT

We and our affiliates, subsidiaries, and licensors own all rights, title, and interest in and to the website, in addition to all content on the website, other than the following categories of content available to you:

(a) Your content. You may provide input into the website though message boards, contact functions, your account, or other interactive features. If you provide any information, material, or other content through the website, we may use it without restriction or compensation to you. For more information about how we handle your content on the website, please see our Privacy Policy. ​

(b) Third Party content. We may provide information about third-party products, services, activities or events on our website, or we may allow third parties to make their content and information available on our website (collectively, “Third-Party Content”) as a service to those interested in this information. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. We do not control, endorse or adopt any Third-Party Content and make no representation or warranties of any kind regarding Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

In addition, we may use third-party web hosting and payment service(s), including Shopify, ShopCanal, Google Analytics, Afterpay, PostScript, Webhooks, Gorgias, and Klaviyo. (each, a “Third-Party Service”) to facilitate orders and payments made through the website, and to facilitate the provision of marketing information and communications through the website to you. These Third-Party Services are made available on the website via an integrated application owned and operated by the provider of the Third-Party Service, not us. To learn more about each of these Third-Party Service providers, please visit their websites.

“TATE AND TAYLOR”, our company name, and all related names, logos, product and service names, designs, trade dress, and slogans are our trademarks or those of our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this website are the trademarks of their respective owners.

 

FEES AND PAYMENT

Certain products and services offered through the website are available only with purchase. If you choose to purchase products or services from us through the website, you agree to the following terms:

Order Acceptance. A contract for the sale and purchase of goods will only be formed with you only if we accept an order for goods from you, and this is solely at our discretion. We will accept your order when we: have received your full contact details including name, email address, phone number, billing address, shipping recipient’s full name and delivery address; have received from you a valid payment method with funds to purchase the products or services described in your order; and when we contact you, by email, confirming your order.

Fees and Billing. You will pay all fees charged to you or which you agree to purchase from us according to the prices and terms on the website and according to our Shipping and Returns Policy, or as otherwise agreed between us in writing. We have the right to correct pricing errors or mistakes even if we have already issued a confirmation or received payment. You must provide complete and accurate billing information including a valid and authorized payment method. You authorize us, our affiliates, and our Third-Party Service provider(s) to charge your payment method for all fees charged to you in connection with your purchase from our website. If your payment cannot be completed, we will provide you with written notice and may suspend access to the website or certain features thereof until payment is received. Fees are payable in U.S. dollars and are due at checkout. Orders will not be processed until payment has been successfully processed and we have your full contact details as described above. Fees do not include any applicable taxes or other governmental charges, which are calculated and assessed separately from prices stated for our products and services on the website, as more fully provided in our Shipping and Returns Policy. You agree to timely pay any such taxes together with your payment for purchase of products and services from us.

Disputes and Late Payments. If you want to dispute any fees or taxes invoiced to you through the website, please contact hello@tateandtaylor.com within thirty (30) days of the date of the disputed invoice. Undisputed amounts past due may be subject to a finance charge of 10% of the unpaid balance per month. If any amounts are past due, we may suspend your access to the website or ability to make additional purchase after we provide you with written notice of late payment.

Drop-shipping Orders. Certain products or services available for purchase through our website are made available on a "drop-shipment" basis, meaning that we do not own or control the products or services you purchase. Such products or services are identifiable by the brand name of the manufacturer of the product or service as shown on our website. When you make an order to purchase such products or services through our site, you do so solely to the manufacturer of the product or service you order, who may accept your order in their sole discretion on the terms of these Terms of Service or on any other terms as they may communicate to you in their sole discretion. Tate and Taylor bears no responsibility for any loss or liability to you in any way related to a drop-shipping order you place on our website. Your only recourse with respect to such orders is against the manufacturer or supplier of the products or services you order. For more information, please see our Shipping and Returns Policy.

Additional Service Terms. Certain products or services offered by us or our affiliates through the website may be subject to additional terms and conditions of purchase that we or our affiliates may communicate to you in writing at the time of or before you purchase such products or services. If we communicate any such additional terms of purchase to you, you understand and agree that your purchase of the products or services is subject to these additional terms. By purchasing these products or services,you agree to comply with all additional associated terms.

 

TERM AND TERMINATION

These Terms of Service take effect when you first use the website and remain in effect until terminated. If we make changes to these Terms of Service, we will provide notice of such changes, such as by posting a notice on our website and/or updating the “Last Updated” date above. Your continued use of our website following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the website and cease all use of the website.

In addition, we reserve the right to withdraw or amend the website, and any service or material we provide on the website, in our sole discretion without notice at any time. These Terms of Service will continue in full force and effect following any withdrawal or amendment to the website unless we state otherwise in writing. We will not be liable if for any reason all or any part of the website is unavailable at any time or for any period.

 

INDEMNIFICATION, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us and our affiliates and our and their officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) directly or indirectly arising from your access to or use of the website, including your negligent use of the website; your violation of these Terms of Service; your violation of the representations, warranties, or covenants set forth in these Terms of Service; any misrepresentations or breaches of any warranties or agreements made by you in connection with your use of the website; or your infringement, or infringement by any other user of the website to which you provide access to the website, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

WE HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES.

WE ARE MAKING THE WEBSITE AND ANY PRODUCT OR SERVICES OFFERED FOR SALE TO YOU THROUGH THE SITE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCT OR SERVICE YOU MAY PURCHASE AS A RESULT OF YOUR USE OF THE SITE. WE MAKE NO WARRANTY ABOUT THE SUITABILITY OF OUR PRODUCTS AND SERVICES FOR YOUR PARTICULAR CIRCUMSTANCES OR FOR ANY PARTICULAR PURPOSE. WE DO NOT ACCEPT ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGE THAT YOU SUFFER AS A RESULT OF SELECTING UNSUITABLE PRODUCTS ORSERVICES FOR YOUR CIRCUMSTANCES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT ENDORSE ANY ENTITY, PRODUCT OR SERVICE MENTIONED IN ANY CONTENT AVAILABLE ON THE WEBSITE.

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

DISPUTE RESOLUTION PROCEDURES

If you have any dispute with us, you agree that before taking any formal action, you will contact us at hello@tateandtaylor.com and provide a brief, written description of the dispute and your contact information. Except for if a dispute arises from or relates to these Terms of Service or the breach thereof, including the determination of the scope or applicability of this agreement to arbitrate, the dispute shall be settled by binding arbitration administered by an arbitrator through a reputable arbitration association such as the American Arbitration Association. All disputes shall be arbitrated in New York, New York.

YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to hello@tateandtaylor.com. The notice must be sent within thirty (30) days of (a) the most recent date of these Terms of Service as set forth above; or (b) the first date that you used the websitethat contained any versions of the Terms of Service that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with these Terms of Service. If you opt out of these arbitration provisions, we also will not be bound by them.

If we change this section after you have accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective. By rejecting any change, you agree that you will arbitrate any dispute between you and us in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND US REGARDING ANY ASPECT OF THE WEBSITE, AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

 

GENERAL PROVISIONS

Electronic Contracting. By using our, you represent and warrant that you have the ability to enter into agreements and/or make transactions electronically. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to transactions you enter into on our website, including notices of cancellation, policies, contracts, and applications. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Alleged Copyright Infringement. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the website. We have adopted a policy that provides for the immediate suspension and/or termination of any user of the websitewho is found to have infringed on our rights or those of a third party or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention.

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;(ii) dentification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringed 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; (iv) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For this notification to be effective, you must provide it to our designated agent by email at hello@tateandtaylor.com.

Severability or Waiver of Certain Terms. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Service to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Service shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

Binding Agreement. These Terms of Service, and all other agreements and policiesincorporated by reference, constitute the final, complete, and exclusive statement of the terms of the agreement between you and us pertaining to the subject matter of these Terms of Service, and supersede all other prior or contemporaneous oral or written understandings and agreements between you and us. The laws of the State of New York shall govern all matters arising out of these Terms of Service. These Terms of Service shall inure to the benefit of and be binding on the heirs, legal representatives, successors, and permitted assigns of the parties.You may not otherwise assign or delegate any rights or obligations under these Terms of Service. Any purported assignment or delegation shall be null and void. We may assign these Terms of Service in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.