IMPORTANT NOTICE: YOUR USE OF THE SERVICE IS SUBJECT TO AN ARBITRATION PROVISION IN SECTION 13, REQUIRING ALL CLAIMS TO BE RESOLVED VIA BINDING ARBITRATION.
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By offering to purchase goods and services from our Site, you hereby represent to us that you are (i) 18 years of age or over, and (ii) authorize us to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Ownership of the Site; Your License to Access this Site
Our Site contains text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Site Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. The entire content of our Site is copyrighted as a collective work under United States copyright laws, and are protected by other laws. Trademarks, logos, and service marks displayed on our Sites are registered and/or unregistered trademarks of Tête-À-Tête, its licensors or content providers, or other third parties. You acknowledge that Tête-à-Tête is the exclusive owner of the Site and that the Site is the proprietary intellectual property of Tête-À-Tête. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent of the law.
Acceptable Use Policy
By using and accessing our Site, you acknowledge and agree that you must NOT:
- use our Site for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use our Site to harm or exploit minors in any way;
- engage in any activity or use any device, software, or routine that interferes with or disrupts our Site (or the servers and networks which are connected to our Site), or a user’s access to our Site, or our Site’ operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of our Site is rendered or displayed in a user's browser or device;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Site;
- copy, modify, create derivative works of, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Site is based;
- use any Site Content in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party;
- impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
- solicit information from another user in furtherance of identity theft or another unlawful purpose;
- frame or otherwise simulate the appearance or functions of the Site or any portion thereof;
- modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Site, including any Site included on our Site;
- use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Site, deep-link to any feature or content on our Site, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Site or copying of any Content or enforce limitations on use of our Site and the Content on our Site;
- collect or store personal data about other users without permission, or disclose private or proprietary information that you do not have the right to disclose;
- use our Site for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
Your Privacy; Protection of Your Account Credentials
Suspension; Modification; Termination
Tête-À-Tête may prohibit you from using or accessing the Site by placing a temporary hold or freeze on your account if we suspect you are violating the terms of this Agreement. If no violation is found, we will remove the hold, and you may continue using the Site.
Product Listings and Purchases
In addition to any other terms and policies relating to product purchases on the Site, the following terms apply when you purchase a product on the Site:
- Pricing; Payment. All prices are shown in U.S. dollars and are subject to change. Tête-À-Tête reserves its right to expire or modify any promotion at any time. Taxes, shipping and handling charges are additional. All prices and taxes are subject to change or adjustment without notice. You are responsible for paying all costs associated with your purchase, and for providing accurate and current payment information. We will process your payment immediately upon our acceptance of your order.
- Availability. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. Please note that some items may be backordered or unavailable even if the Site indicates that they are in-stock, and adding an item to your cart does not guarantee the availability of that item.
- Shipping and Handling. You agree to pay the shipping and any handling charges shown on the Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice. Any shipping or handling charges may or may not reflect actual costs. All orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You are solely responsible for providing all information necessary for us to ship purchased products to you.
- Not for Resale. The products purchased on this Site are for private and domestic use only and are not for resale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
- Product Recall. In the event of a product recall, we will publish a notice on the Site and/or notify you via contact information provided to us. The notice will provide instructions on how to obtain a replacement for the recalled product. It is your responsibility to check the Site or to provide us with up-to-date contact information.
- Product Return. Our policy governing the return, exchange and refund of our product can be found here.
User Content and Feedback
For any User Content that you post via the Site, you also hereby represent and warrant that: (a) you are owner of all User Content or otherwise have the right to grant us the licenses stated above; (b) you have secured all consents or permissions necessary to post the User Content and to grant the licenses stated above; (c) the User Content does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and the User Content does not contain any personally identifiable information about third parties in violation of such parties’ rights; and (d) the use of any User Content will not result in harm or personal injury to any third party.
Should you provide us with comments, feedback, information, or data about our Site, our Content, or use of our services, such as ideas, suggestions, or questions, (collectively, “Feedback”), your Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques, know-how, and intellectual property rights) to Tête-À-Tête without charge. You further agree to take all acts reasonably requested by Tête-À-Tête to confirm Tête-à-Tête’ ownership of such Feedback. As the sole and exclusive owner of such Feedback, we will be free to reproduce, make, copy, use, disclose, sell, distribute, and otherwise exploit such Feedback, for any commercial or non-commercial purposes (including into Tête-À-Tête products, services, Site, or other offerings of Tête-À-Tête), without any obligation or compensation to you of any kind.
Notice and Procedure for Making Claims of Copyright Infringement
We respect the intellectual property rights of others. If you believe that any Site Content may infringe your copyrights or other intellectual property rights, please provide Tête-À-Tête the written information specified below. Please note that this procedure is exclusively for notifying Tête-À-Tête if you believe that your intellectual property rights have been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property interest;
- A description of the intellectual property right that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property 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 intellectual property owner or authorized to act on the intellectual property owner’s behalf.
Tête-À-Tête representative for notice of claims of copyright infringement or other intellectual property infringement on our Site can be reached as follows:
- General. To the maximum extent permitted by law, our Site is provided “as is” and “as available”, and at your sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose, title, and non-infringement. Without limitation, we make no warranty that our Site will meet your requirements, that use of the foregoing will be uninterrupted, timely, secure, or error-free, that defects in the operation or functionality and any content or information found on our Site will be accurate or reliable, that defects in the operation or functionality of our Site will be corrected, virus-free, or that the quality of information, content, or other materials obtained through our Site will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.
- Not for Medical Use. Our Site is not intended as a substitute for, nor do our services or Site replace, recommend, or endorse professional medical advice, diagnosis, or treatment. Nothing stated, posted, linked, or available through our Site is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. No licensed medical professional/patient relationship is created by using our Site.
- Not Legal Advice. We are not lawyers and do not provide any type of legal or other advice. No attorney-client relationship is formed between you and Tête-à-Tête. Any communication, information or recommendation that comes to you or from an attorney or law firm through Tête-à-Tête is from that individual law firm or attorney and not Tête-à-Tête.
- System Unavailability. There may be times when the Site is unavailable due to technical errors or network outages or for maintenance and support activities. We do not represent, warrant, or guarantee that the Site will always be available or are completely free of human or technological errors.
- Errors. The Site may contain typographical mistakes, inaccuracies, or omissions and some information may not be complete or current. We expressly reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We do not make any representation or warranty concerning errors, omissions, delays, or defects in the Site or any information supplied to you via the Site, or that files available through the Site are free of viruses, worms, Trojan horses, or other code that include or manifest contaminating or destructive characteristics.
- Compatibility. You must provide the equipment and Internet connections necessary to access the Site at your own expense. We do not guarantee that the Site will operate with your computer, tablet, mobile device, network, installed software, internet or mobile carrier service plans, or with any particular computer or other piece of hardware, software, equipment, or device you install on or use with your computer.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL TÊTE-À-TÊTE OR ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF RMS OR ITS AFFILIATES (THE “TÊTE-À-TÊTE PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITE OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SITE AVAILABLE THEREON (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
IN THE EVENT THE TÊTE-À-TÊTE PARTIES ARE NONETHELESS HELD LIABLE TO YOU FOR ANY DIRECT DAMAGES, THEN SUCH DAMAGES SHALL BE CAPPED AT THE GREATER OF: (I) THE FEES PAID BY YOU TO TÊTE-À-TÊTE TO ACCESS OR USE THE SITE (IF ANY) OR (II) US $500.00.
IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO HAVE INTERNET CONNECTION TO ACCESS THE SITE VIA THE INTERNET AND THAT TÊTE-À-TÊTE WILL NOT BE LIABLE TO YOU IF YOU ARE UNABLE TO ACCESS THE SITE DUE TO ANY POWER OR INTERNET DATA CONNECTION FAILURE.
Release and Indemnification
- Release. You agree to release the Tête-À-Tête Parties from any and all liability and obligations whatsoever in connection with or arising from your use of the Site. If at any time you are not satisfied with the Site or object to any Site Content or other material within or on the Site, your sole and exclusive remedy is to immediately stop using and otherwise accessing the Site.
- Release by California Residents. If you are a California resident or could otherwise claim the protections of California law, you further expressly waive the provisions of section 1542 of the California civil code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, if known by him or her, must have materially affected his or her settlement with the debtor.” You acknowledge that you have read and understand section 1542 of the California civil code, and you hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to your release of any claims you may have against Tête-À-Tête.
Third-Party Websites & Content
Tête-À-Tête does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements of third parties displayed on or transmitted via our Site (“Third-Party Content”). Any Third-Party Content placed on the Site is the views and responsibility of those who post those comments, opinions, or statements, and do not necessarily represent the views of Tête-À-Tête.
Governing Law; Arbitration; Class-Action Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU AND TÊTE-À-TÊTE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.
- Consent To Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of this Agreement and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with this Agreement and in performing our obligations and exercising our rights under this Agreement. Neither you nor Tête-à-Tête will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
- Access from Outside of the United States. Our Site and the Content is hosted in the United States and is governed by the law of the United States. Our products and services, and other Content, on our Site are only directed at those located within the United States. If you are using our Site from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Site in any way, you hereby consent to the transfer of your data and information to, and the storage and processing of such data and information in, the United States of America.