ANY PERSON OR ENTITY (“User/Users” or “Customer/Customers”) USING OR OTHERWISE ACCESSING THE SITE AND/OR ANY CONTENT AT www.thetailoredempress.com (“Site”) OR ANY OF THE INFORMATION CONTAINED WITHIN THE SITE MUST AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS VISITOR AGREEMENT (“Agreement”).

 

1.               Contracting Parties. The Site, www.thetailoredempress.com, together with all content, data and other materials contained therein (“Content”), are owned or controlled by The Tailored Empress LLC, a company incorporated in Delaware, USA. The Tailored Empress LLC is referred to in this Agreement “we”, “us”, “our”, “Empress Elle” “The Tailored Empress”, or “The Tailored Empress LLC”.

2.               Age Restriction. The User/Customer must be 18 years of age or older to register or use the Services available through the Site. By continuing use of Services, the User/Customer warrants that the User/Customer is at least 18 years old, and the User/Customer has the authority to enter into this Agreement.

3.               Acceptance. By placing an order for any Products and/or Services through the Site, the User/Customer warrants legal capacity to enter into binding contracts and is bound by this Agreement.

4.               Registration. By completing registration with us for access to the Site and/or any Content, the User/Customer expressly agrees to the terms of the Agreement as specified or implied therein.

5.               Site & Content Use. The Site and any Content are intended only for the purposes specified or implied therein, and the User/Customer use of the Site and/or all Content is entirely at the User/Customer’s own risk. Please note that while we try to provide accurate and up-to-date information, any Content may not be wholly accurate or up-to-date, complete or free of defects, including (without limitation) viruses or other harmful elements, and is subject to change, with no prior notice. All Content is provided without any representations or warranties of any kind (implied or express) to the fullest extent permitted by applicable law. The Tailored Empress LLC, unless otherwise stated herein, owns or controls all relevant intellectual property rights on the Site and any Content. The User/Customer may not publish, distribute, extract, re-utilize, translate, or reproduce any part of the Site or any Content in any form (including storing it in any medium) other than as expressly allowed herein or as set out within the Site and any Content (or under US or local law). The Site and any Content are for the User/Customer’s personal, non-commercial use only, and are not for re-distribution, transfer, assignment or sublicense.

6.               Login, Site & Content. The User/Customer agrees to the following regarding login information, the Site or any Content: (i) to restrict use or access of login information to the Site or any Content; (ii) to deny access to secured areas of the Site or any Content to any non-Registered User/non-Customer; (iii) to refrain from the creation of additional registration accounts for the purpose of abusing the functionality of the Site, any Content or other User/Customer; (iv) to refrain from impersonating another User/Customer. If the User/Customer believes the User/Customer’s account has been compromised, please contact elle@thetailoredempress.com for immediate assistance. Please note that the User/Customer will be responsible to The Tailored Empress LLC and to others for all activity that occurs under the User/Customer registration account.

7.               Personal Information. The User/Customer agrees to provide only true, accurate and complete information to us and/or the Site. Any personal information provided by Users/Customers will be treated with appropriate care and security in accordance with our Privacy Policy. By agreeing to this Agreement the User/Customer expressly agrees to the terms of the Privacy Policy.

8.               Termination of Access. The User/Customer acknowledges that we have the right, at our sole discretion, to terminate the User/Customer account and/or limit the number of transmissions the User/Customer may send or receive through the Site. We further reserve the right to terminate any User/Customer account with no prior notice to the User/Customer, including the deletion of any content associated therewith, if the account has been inactive for a twelve (12) month period.

9.               Featured Links. The Site may display and/or refer to links to other websites. The Tailored Empress LLC: (i) does not endorse or take responsibility for any Content of such websites; (ii) is not responsible for the availability of such websites; and (iii) will not be liable in any way for any loss or damage which the User/Customer may suffer by using such websites. If the User/Customer decides to access linked websites, the User/Customer does so at the User/Customer’s own risk.

10.            Linking to the Site. Any other website may link to the Site, provided it does not imply any endorsement of its Products and/or Services by The Tailored Empress LLC, does not misrepresent its relationship with or present false information about The Tailored Empress LLC, does not infringe any intellectual property or other right of any person, and complies with all relevant laws and regulations. Please note however, The Tailored Empress LLC reserves the right to withdraw such permission at any time and to take any other appropriate action.

11.            Ownership of Content. The Tailored Empress LLC, unless otherwise stated, owns or controls all relevant rights in the Site and any Content. The User/Customer may not publish, distribute, extract, re-utilize, or reproduce any part of the Site or any Content in any form (including storing it in any medium) other than as expressly allowed herein or as permitted by US or local law.

12.            Hacking. The User/Customer agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, “Interfere”) with the Site and/or any Content in any manner. If the User/Customer in any way Interferes with any of these, the User/Customer agrees to pay all damages incurred by The Tailored Empress LLC.  The Tailored Empress will cooperate with the authorities in prosecuting anyone who Interferes with the Site and/or any Content, or otherwise attempts to defraud The Tailored Empress LLC or any other parties through use of the Site, any Content, or the Services provided therein. The User/Customer agrees that we may block the User/Customer’s access at any time, and at our sole discretion, to discontinue the User/Customer’s access to the Site, or any Content without notice. We reserve the right to take any action we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

13.            Complaints. If the User/Customer would like to notify us of any Content which the User/Customer believe does not comply with this Agreement or otherwise is objectionable, please notify us at elle@thetailoredempress.com Making sure to include both the Uniform Resource Locator (“URL”) for the non-complying content and the reasons the User/Customer believes it does not comply.

14.            Prices and Payment. Price and availability of any Products and/or Services are subject to change without notice. All prices are in US dollars. Prices (and any delivery costs) are as set on the relevant pages of the Site. We reserve the right to modify prices at any time without notice. All prices are inclusive of sales tax and/or VAT unless otherwise stated. Please note that downloadable Products and/or Services may be subject to data charges imposed by the User/Customer internet or mobile phone provider, and all such charges are the is the sole and full responsibility of the User/Customer.

15.            Debit & Credit Cards. Payments hereunder must be by credit or debit card. Acceptable payment forms include but are not limited to Visa, MasterCard, American Express, ChinaUnionPay, JCB, Diners, CartesBancaires, Discover, Electron, Maestro, PayPal, and ApplePay. All orders are charged immediately at the time of purchase. All credit/debit cardholders are subject to validation and authorization by the card issuer and/or bank. If the User/Customer’s card issuer and/or bank refuses to authorize payment, the order will be cancelled and we accept no liability for any delay or non-delivery. We are not obliged to provide the reason for the refusal. We are not liable for any charges incurred by the card issuer and/or bank as a result of processing credit/debit card payments in accordance with any purchase. By using the User/Customer’s credit/debit card, the User/Customer confirms that the card is the User/Customer’s, and that there are sufficient funds or credit available to cover the charges.

16.            Store Credit. Store credit can only be used for Purchases made on the Site and may be subject to expiration. 

17.            Refunds. Due to the nature of downloadable Products and/or Services, any refunds made are at the sole discretion of The Tailored Empress LLC. Nothing herein affects the User/Customer statutory rights, unless otherwise stated.

18.            Limitation of Liability. User/Customer agrees that the liability of The Tailored Empress LLC to User/Customer under this Agreement shall be limited to direct damages of up to the amount User/Customer has actually paid to The Tailored Empress LLC for its services (or, if greater, $100). Except as set out herein, The Tailored Empress LLC shall not be liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of the User/Customer use of the Site or any Content or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of The Tailored Empress LLC.

19.            Indemnity. User/Customer agrees to indemnify The Tailored Empress LLC for any loss or damage that may be incurred by The Tailored Empress LLC, including without limitation legal fees, arising from any breach by the User/Customer of any warranty or other term herein, or misuse of any material or information obtained through the Site and/or any Content. The User/Customer further undertakes to indemnify The Tailored Empress LLC for all loss or damage incurred by The Tailored Empress LLC in relation to any third party claim against The Tailored Empress LLC for infringement of intellectual property rights arising in relation to the User/Customer provision of materials to the Site and/or Content.

20.            Termination of this Agreement. The Tailored Empress LLC may at any time terminate this Agreement, in our sole discretion without prior notice to the User/Customer and without reimbursement (i) if we believe that the User/Customer may have breached, or acted in a manner indicating that the User/Customer does not intend to or are unable to comply with, any term herein,  if we are legally required to do so by law; (ii) if continuation is likely to be no longer commercially viable. The User/Customer acknowledges that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

21.            Severability. If any part, term, or provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the remaining portions or provisions shall still remain valid and continue in full force and effect.

22.            Changes to this Agreement. This Agreement and/or any other terms of service may be changed without prior notice, and any such amendment will be applicable to all Users/Customers from the date and time such revised terms have been posted on the Site, or otherwise made available to the User/Customer. User/Customer’s continued use of the Site, any Content, or Services provided by The Tailored Empress LLC, constitutes agreement with and acceptance of any such amendment or other changes.

23.             Law and Jurisdiction. This Agreement shall be governed by and will be construed in accordance with the laws of the United States. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the U.S. Courts.

24.             Warranties. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW IN THE USER/CUSTOMER TERRITORY, ALL The Tailored Empress LLC PRODUCTS AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, The Tailored Empress LLC, AS WELL AS ANY PROVIDER, MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET THE USER/CUSTOMER REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES OBTAINED BY THE USER/CUSTOMER FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES’ WEBSITES TO WHICH THE SITE IS LINKED, WILL MEET THE USER/CUSTOMER EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT THE USER/CUSTOMER’S OWN RISK AND WITH THE USER/CUSTOMER’S AGREEMENT THAT THE USER/CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER/CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.