TAILOR’D WEBSITE/MOBILE APPLICATIONS TERMS OF USE

1. Agreement to Terms of Use

These Terms of Use apply to the Tailor’d, Inc. (“Tailor’d”) website or mobile applications located at www.TailordApp.com and all associated websites or mobile applications linked thereto by Tailor’d or its subsidiaries throughout the world (collectively, the “Tailor’d App”). The Website is the property of Tailor’d, Inc. (“Tailor’d”). BY USING THE TAILOR’D APP YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, PLEASE EXIT THE TAILOR’D APP AND REFRAIN FROM FURTHER USE.

Tailor’d reserves the right in its sole discretion to modify, amend or add to these Terms of Use at any time. It is your responsibility to check the Tailor’d App for such changes. Your use of the Tailor’d App after changes have been posted shall constitute acceptance of such changes. So long as you agree to and comply with these Terms of Use Tailor’d grants you a non-exclusive, non-transferable limited license to enter and use the Tailor’d App.        

2. Ownership and Legal Protection

All content contained on the Tailor’d App, including all text, graphics, trademarks and logos, sound, images and all underlying computer code (collectively, the “Content”), together with all associated trade dress or “look and feel” of the Content on the Tailor’d App is exclusively owned by Tailor’d or licensed to it for use on the Tailor’d App and is protected by numerous intellectual property and other laws, including but not limited to copyright, trademark, trade dress and unfair competition laws. Unless otherwise stated herein, no part of the Tailor’d App may be copied, reproduced, republished, translated, transmitted or distributed in any manner (including “mirroring”) without Tailor’d’s prior written consent. So long as you are in compliance with these Terms of Use, you may download information regarding Tailor’d products, services or deals from the Tailor’d App for your personal use only, so long as you do not remove any proprietary notices contained in such downloads. The right to copy such product information in no way grants you any other rights in the Content. 

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;

• using the Tailor’d App for any purpose prohibited by these Terms of Use.

4. Privacy

Tailor’d’s Privacy Policy applies to the Tailor’d App and is incorporated by reference into these Terms of Use. You may view such Policy by clicking on the Privacy Policy link on the Tailor’d App home page.

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

While the Tailor’d App contains information concerning Tailor’d products and services and the manner in which you can purchase the same, such products and services are subject to additional terms and conditions not contained in these Terms of Use. In the event of a conflict between these Terms of Use and such other specific terms and conditions related to a product or service, the latter shall govern. Tailor’d may make changes to the information on the Tailor’d App regarding its products and services but does not warrant or guarantee that all such information is at all times current and you should check with Tailor’d or an Tailor’d reseller in the event you have questions about the currency of such information. 

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.

9. Disclaimer

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

Except where prohibited by law, in no event shall Tailor’d be liable to you for any indirect, consequential, incidental, punitive or exemplary damages, including but not limited to lost profits or computer down time associated with your use of the Tailor’d App or the Content, even if Tailor’d has been notified of the same. If for any reason this limitation of liability is not enforced and Tailor’d is held liable to you in connection with your use of the Tailor’d App or the Content, you agree that the maximum damages that Tailor’d shall be liable for is $100 U.S. Dollars. In the event you live in a jurisdiction that prohibits limitations of liability this Section shall not apply to you without derogation of the application of the other Terms of Use to you. 

11. Indemnity

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. 

 

12. Violations of Terms of Use

Tailor’d may at any time take action to bar your continued use of the Tailor’d App or Content if it determines in its sole discretion that you have violated these Terms of Use or any other agreements that you have entered into with Tailor’d. You also agree that any violation by you of these Terms of Use would be an unfair business practice for which monetary damages would not adequately compensate Tailor’d and that Tailor’d is entitled to injunctive relief if required to prohibit further violations. Such relief is in addition to and not in lieu of any other remedies that Tailor’d is entitled to seek in the event of any violation of these Terms of Use. In the event that Tailor’d does take legal action against you for any such violation and prevails, you shall be liable to Tailor’d for all reasonable expenses and attorneys’ fees associated with such legal action.

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.

These Terms of Use set forth the entire understanding and agreement between the parties in connection with your use of the Tailor’d App and Content and supersedes any and all other agreements regarding the same, whether in writing, oral or established by course of dealing. You may not modify the terms of this Agreement without Tailor’d’s written consent. If any portion of this Agreement is found by a court of competent jurisdiction to be void or unenforceable, such portion shall be eliminated to the minimum extent necessary without effecting the other provisions of these Terms of Use. Any failure by Tailor’d to enforce any portion of these Terms of Use shall not be construed as or constitute a waiver by Tailor’d of any such portion or any other portion thereof. You agree that there are no intended or permitted third party beneficiaries of these Terms of Use.