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TERMS & CONDITIONS OF USE OF TWILLORY.COM
TERMS & CONDITIONS OF USE OF TWILLORY.COM
ACCEPTANCE OF THE USE OF TWILLORY TERMS AND CONDITIONS
Your access to and use of the Website is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.
When you place an order your order constitutes your offer to Twillory to buy one or more products from Twillory for personal use and not for resale purposes. Twillory reserves the right to limit, cancel or prohibit any order that, in Twillory’s judgment, appears to be placed in violation of this policy.
REFUSAL OF ORDER
Twillory reserves the right to withdraw any product from the Website at any time and/or remove or edit any materials or content on the Website. Twillory makes reasonable efforts to process orders. However, there may be circumstances that may require Twillory to refuse to process an order. Twillory reserves the right to refuse to process an order at any time, at its sole discretion, and will not be liable for refusing to process an order at any time.
RETURNS AND REFUNDS
Please see our return policy for further information on our returns and exchange process.
CREDIT CARD DETAILS
Credit cards on Twillory.com are securely processed by Shopify Payments an industry leading 3rd party credit card processor. No credit card information is stored at Twillory.com.
The contents of the Website does not constitute advice and should not be relied upon in making or refraining from making, any decision.
CHANGE OF USE
Twillory reserves the right to: (i) change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Twillory shall not be liable to you for any such change or removal and (ii) change these Terms and Conditions at any time. Your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
LINKS TO THIRD PARTY WEBSITES
The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
THIRD PARTY ADVERTISING
We may use third party advertising companies to collect data and/or serve ads when you visit our website. These companies may use information about your visits to the Website and other websites or applications in order to provide advertisements about goods and services of interest to you. Please keep in mind that your browser settings may not permit you to control the technologies utilized by these third party companies. If you would like more information about this practice and to know your choices about not having this information used by these companies, visit http://www.networkadvertising.org/choices/ or contact us at firstname.lastname@example.org .
The Website, including all of its information and content, such as text, design, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, source codes and the HTML used to generate the pages (collectively, “Intellectual Property”), is owned or licensed by Twillory or otherwise used by Twillory as permitted by law and protected by patent, trademark, and/or copyright under United States and/or foreign laws. In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
INTELLECTUAL PROPERTY INFRINGEMENT
If you believe certain content on the Website constitutes infringement of your copyright please email email@example.com with the following information:
- Evidence of your authorization to act on behalf of the owner of the owner of the copyrighted work;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located on the Website including a link to where the alleged infringing material is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf; and
- Your physical or electronic signature.
If you believe content on the Website constitutes infringement of your trademark or other intellectual property rights please provide a notice of your claim to firstname.lastname@example.org.
ACCESS AND INTERFERENCE
You agree that:
- You will not use any robot, spider, scraper, deep link or similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without Twillory’s express written consent, which may be withheld in Twillory’s sole discretion.
- You will not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Website and other than generally available third-party web browsers (such as Google Chrome).
- You will not post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper functioning of the Website.
- You will not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising, or in any way making up, a part of the Website.
- You may only use the Website to make legitimate inquiries or orders.
- You will not make any false or fraudulent orders. If Twillory is of the reasonable opinion that you have made a false or fraudulent order, Twillory shall be entitled to cancel the order and inform the relevant authorities.
- If you do not give Twillory all the information needed, Twillory may not be able to complete your order.
- You will not attempt to interfere, or actually interfere, in any way with the Website’s network or related network security or attempt to use the Website to gain unauthorized access to any other computer system.
- You will not use the Website to communicate, transmit, or post material that infringes on the intellectual property, privacy, or publicity right of another person or entity.
- You will not use the Website to engage in conduct that would constitute a civil or criminal offense, or that violates any applicable laws or regulations.
- You will not post any content on the website that is defamatory, threatening, false, misleading, offensive, insulting, profane, indecent, obscene, pornographic or hateful.
- You are 18 years old and are legally capable of entering into binding contracts.
DISCLAIMERS AND LIMITATION OF LIABILITY
All products, services, and content on the Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. To the extent permitted by law, Twillory will not be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or damage whatever (including without limitation loss of business, opportunity, data, profits) arising from or in any way related to the use of, or the inability to use, or the performance of the Website, or the content and materials or functionality on or accessed through the Website. Twillory makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Twillory for death or personal injury as a result of the gross negligence of Twillory or that of its employees or agents, or otherwise exclude any liability that is not able to be excluded by law.
You agree to indemnify and hold Twillory and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Twillory arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at email@example.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Twillory is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Program if you are under eighteen (18) years of age. By using or engaging with the Program, you acknowledge and agree that you are not under the age of eighteen (18). By using or engaging with the Program, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Program.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Program. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change these Terms from time to time. Any updates to these Terms shall be communicated to you. You acknowledge your responsibility to review these Termsfrom time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept these Terms, as modified.
CHOICE OF LAW
All Website activity or use and these Terms and Conditions are governed by the laws of the United States of America and the applicable laws of the State of New York, without regard to conflict of law principles.
In the event of any claim, controversy, or alleged dispute between you and Twillory, its members or affiliates (“Dispute”), you hereby agree to attempt in good faith to amicably resolve any Dispute at least 30 days before instituting any legal proceeding.
Each party agrees to submit any Dispute for resolution by final binding arbitration after serving written notice, which notice shall set forth in detail the controversy, question, claim or alleged breach along with your attempt to resolve such Dispute. Upon such notice and attempt to resolve, the party may then commence an arbitration proceeding pursuant to the rules of the American Arbitration Association (“AAA”) to be held in New York County, New York, before an arbitrator to be selected by the AAA. Any such arbitration may only be commenced within one (1) year after the party requesting arbitration obtains knowledge of the cause of action forming the basis of the controversy or claim accrued.
In any arbitration and subject to the ultimate discretion of the presiding arbitrator, each side will be limited to a maximum of one (1) day of argument (including rebuttal), and the parties agree in good faith to minimize discovery burdens (e.g. confine the scope to actual areas in dispute and limit the topics and number of pages on which information is requested to matters directly relevant). The decision(s) of the arbitrator shall be final and binding and may not be appealed to any court of competent jurisdiction, or otherwise, except upon claim of fraud or corruption, in accordance with applicable law;, provided, however, that implementation of such decision(s) shall in no way be delayed or otherwise impaired pending the outcome of any such appeal. Judgment upon the award rendered in such arbitration may be entered by any court having jurisdiction thereof.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
WAIVER AND SEVERABILITY
Any waiver of any provision contained in these Terms and Conditions shall not be deemed to be a waiver of any other right, term, or provision of these Terms and Conditions. If any provision in these Terms and Conditions is determined to be wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
Notice for California Residents. Under California Civil Code Section 1798.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the services provided on the Website, please contact us at (516) 444-3417. You may also contact us by writing to The Haberdash Group, Inc. 181 South Franklin Avenue, Suite 203, Valley Stream, New York 11581