2. Ownership and Legal Protection
3. Restrictions on Tailor’d App Usage
The license granted to you to use the Tailor’d App is expressly conditioned upon your refraining from any of the following activities, and such license shall automatically terminate in the event you do engage in any such activities whether Tailor’d discovers or is aware of such actions or not:
• taking any action that creates an unreasonable traffic or other load on the Tailor’d App or on any Tailor’d infrastructure that supports the Tailor’d App;
• gaining access to any protected area of the Tailor’d App or to any of the infrastructure that supports the Tailor’d App through hacking, password mining or other illegitimate means for discovering security information;
• gaining access to the personally identifiable information of any visitor to the Tailor’d App other than your own;
• taking any action that interferes with or attempts to interfere with the proper working of the Tailor’d App or with any other visitor’s use of the Tailor’d App;
• reproducing, uploading, downloading, linking to, framing, performing in public, distributing or transmitting the Content or any portion thereof without Tailor’d’s prior consent;
• using any device to automatically or manually scan, probe or monitor the Tailor’d App or any portion thereof;
• taking any action that modifies or attempts to modify any of the Content on the Tailor’d App;
• submitting any materials to Tailor’d via the Tailor’d App that: a) are proprietary to you or any third party; or b) do not accurately identify you or identify you in a false way so as to hide your identity;
5. Links to Other Websites or Apps
The Tailor’d App may contain links to third-party, non-Tailor’d websites or apps. Such links are provided for your convenience only and Tailor’d does not control or endorse any such third-party websites or apps nor is Tailor’d responsible for any damage that you suffer in linking to or interacting with such third-party websites or apps.
6. Purchase of Tailor’d Products or Services
7. Accounts and Security
If at any time a portion of the Tailor’d App requires that you open an account with Tailor’d you may be asked to provide an identifier and password for your account. It is your sole responsibility to maintaining the confidentiality of such account information and you are solely responsible for any activity undertaken in connection with your account in the event you fail to maintain confidentiality of the account information.
8. Idea Submission
While Tailor’d remains committed to listening to its users about improving products or services, you understand that any ideas, inventions or materials (collectively, “Materials”) that you submit to Tailor’d using the Tailor’d App shall become the exclusive property of Tailor’d and by submitting the same you relinquish all rights in the Materials upon their submission and waive any right to hold Tailor’d liable for its use of or failure to use such Materials in any way.
TAILOR’D DOES NOT GUARANTEE THAT THE TAILOR’D APP WILL ALWAYS BE AVAILABLE, ERROR-FREE OR UNINTERRUPTED. THE CONTENT ON THE TAILOR’D APP IS PROVIDED ON AN “AS-IS BASIS AND IS SUBJECT TO CHANGE AT ANY TIME IN TAILOR’D’S SOLE DISCRETION. TAILOR’D DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE TAILOR’D APP AND ITS CONTENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TAILOR’D ALSO DISCLAIMS ANY LIABILITY FOR ANY DAMAGE YOU SUFFER BY DOWNLOADING ANY FILES OR CONTENT FROM THE TAILOR’D APP OR FROM ANY THIRD-PARTY TAILOR’D APP TO WHICH TAILOR’D’S TAILOR’D APP IS LINKED, WHETHER DUE TO A COMPUTER VIRUS OR ANY OTHER REASON. YOUR SOLE REMEDY AGAINST TAILOR’D FOR ANY CLAIMED DAMAGE IS TO CEASE USE OF THE TAILOR’D APP OR THE CONTENT. THIS DISCLAIMER APPLIES TO ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER TORT OR STATUTORY CAUSE OF ACTION WHETHER NOW EXISTING OR LATER COMING INTO EXISTENCE.
10. Limitation of Liability
You agree to indemnify, defend and hold harmless Tailor’d and its officers, directors, employees and agents from any demands, losses, liability, claims or expenses (including attorneys’ fees) arising out of your use of the Tailor’d App or Content.
13. Governing Law; Dispute Resolution
You agree that all disputes that arise out of or are in any way related to your use of the Tailor’d App or the Content shall be governed exclusively by California, U.S.A. law, without regard to its choice of law principles or rulings. You agree to the personal jurisdiction and venue of the state and federal courts in San Francisco County, California in connection with any such dispute and waive any objection to such jurisdiction or venue unless such exclusive jurisdiction is prohibited by the laws of your residence, in which case you may bring your action in the country of your residence. Any claim that you have against Tailor’d related to the Tailor’d App or Content must be brought within one (1) year of your discovery of the same or from when you reasonably could have discovered the same. Claims relating to your purchase of products or services from Tailor’d shall be governed by the agreements applicable to your purchase. Both parties agree that prior to taking legal action they will attempt in good faith to resolve the matter informally between them through at least some effort in discussing the same and any legal action taken without such effort shall be void.
14. Administration of Tailor’d App
Tailor’d administers its Tailor’d App and other related websites from various locations throughout the world. Although the Tailor’d App is accessible worldwide, not all features, products or services discussed or disclosed in the Content are available to all persons in all locations. Tailor’d reserves the right in its sole discretion to limit the access of any Tailor’d product or service to any person in any geographic area notwithstanding reference thereto in the Content. Any offer made on the Tailor’d App is void where prohibited. If you choose to access the Tailor’d App from outside the United States you do so at your own risk and are solely responsible for complying with local laws.