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Terms of Use & Sale Agreement

Last updated: May 30, 2019

 

  1. General Conditions and Definitions

This Terms of Use and Sale Agreement (“Agreement”) describes the terms of your use of the website www.taylortall.com (“Site”), participation in any services offered through the Site, and purchase of merchandise from the Site. Small Shop LLC, d/b/a Taylor Tall, is an Illinois limited liability company (referred to hereafter as “we” or “us” or “Taylor Tall”). By accessing or otherwise using this Site—whether as a visitor, registered customer, purchaser, or in another capacity—you (“you” or “User”) agree to be bound by the terms of this Agreement and the Taylor Tall Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy, or if you are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. Anyone making a purchase from Taylor Tall represents that she/he is 18 years of age or older or, if under the age of 18, that she/he has the consent of her/his parent or legal guardian.

 

  1. Updates to Agreement

Taylor Tall may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

 

  1. Site Accessibility and Security

User will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content (not including credit card information) may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. Taylor Tall will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. This Site is hosted through Shopify Inc. (“Shopify”). While we and Shopify intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including Site maintenance and interruptions in Internet service that are beyond the control of Taylor Tall. Taylor Tall will not be responsible for any data lost during Internet transmissions or User’s inability to make a purchase from Taylor Tall via the Site.

 

  1. Links to Third-Party Websites

THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. TAYLOR TALL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT, QUALITY, OR RELIABILITY OF THIRD-PARTY WEBSITES. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY POLICY, OF ANY SITE TO WHICH YOU NAVIGATE FROM THIS SITE. SeeTaylor Tall Privacy Policyfor more information.

 

  1. Privacy

Taylor Tall is committed to protecting the privacy of User information.See Taylor Tall Privacy Policyfor more information on Taylor Tall’s privacy practices.

 

  1. Pricing and Availability

Various types of services and products may be available through the Site. All prices shown are in U.S. dollars. Taxes and shipping and handling charges are additional. All items are subject to availability, and we reserve the right to reject all or part of an order and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the billing screens. Due to the nature of the Internet, it is not possible for Taylor Tall to restrict access to its Site to only those locations where it does business. User should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from Taylor Tall in a location where such products may not be sold. If you have a question about whether a service or product is or may be available in your geographic location, we encourage you to contact us.

 

  1. Errors

We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, pricing, or other information is complete, current, or error-free. In the event of an error, whether on the Site, in processing an order, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.

 

  1. Information Entry, Shipping, and Handling

It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the products you order or services to which you subscribe.You agree to pay any shipping and handling charges shown on the Site when you place your order. We reserve the right to change from time to time and without prior notice shipping and handling charges, so please check all charges before placing your order. All orders are shipment contracts, not destination contracts. Shipping times, if any, shown on the Site are estimates only.

 

For orders delivered outside the United States, shipping does not include any duties or taxes that you may be required to pay by your country upon arrival. We do not collect the VAT, duties, or taxes at the time of sale and cannot predict what your actual charges may be. Customs and import duties are levied by the receiving country. The additional charges must be paid by you in order for your package to clear your country’s Customs. International orders ship via First Class Mail and are targeted to arrive 7-14 days after the package is picked up for most countries, but shipping can take up to 3 weeks. Please note that we cannot guarantee delivery dates. Most international orders include tracking information. International tracking information is not updated as frequently as domestic shipments and may cease updating once the package leaves the United States. We are unable to provide tracking information beyond that supplied by the USPS or, if available, DHL Express. We are not responsible for packages that are lost or damaged in transit. Check your billing and shipping address when placing an order as we are unable to reroute packages. Standard shipping does NOT include insurance. We will not mark an item as a “gift” or reduce the stated value of the package.

 

  1. Payment

Payment must be made through Shopify Payments powered by Stripe, although you will not need to establish a Shopify Payments or Stripe account. We do not have access to your credit card information that you provide directly to Shopify Payments. Please see our Privacy Policy, the Shopify Payments privacy policy(https://pay.shopify.com/tos-privacy-policy#privacy-policy) and the Stripe privacy policy(https://stripe.com/privacy). You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.

 

  1. Posting by Customers or Third Parties

Our Site currently does not provide for the posting of content by our Customers or other third parties. If you submit a comment to us, you grant us permission without any compensation to use the comment and your name, in whole or in part, on the Site and waive any related right of publicity to the comment.

 

  1. Returns and Alterations Policy

Your order is custom made to the specifications you provide via the order form. It is your responsibility to ensure that the information you enter is correct, so please verify your order before submitting it. Please see our current Shipping & Returns Policyfor details on returns. We understand that on occasion a Taylor Tall garment might need some minor alterations for ideal fit or mending to extend its useful life, and in some instances we can offer you a small credit for these services. Please see our current Tailoring & Mending Credit Policyfor details.

 

  1. Trademarks and Copyrights

“Taylor Tall” is a trademark of Taylor Tall and all rights in this trademark are expressly reserved.Everything located on this Site is the exclusive property of Taylor Tall or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of Taylor Tall or the copyright owner. Permission is granted to display, copy, distribute, and download the materials on this Site only for your considering or making a personal purchase and provided that you do not modify the materials and you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material or our trademarks. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

 

If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

 

Website Manager

Taylor Tall

310 Busse Hwy # 235

Park Ridge, IL 60068

info@taylortall.com

 

  1. Disclaimer of Warranty and Limitation of Liability

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY TAYLOR TALL ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER TAYLOR TALL NOR ANY OF ITS MEMBERS, AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

TAYLOR TALL DOES NOT WARRANT THAT THIS SITE, INFORMATION AND PRODUCTS MADE AVAILABLE THROUGH THIS SITE, OR E-MAIL SENT FROM TAYLOR TALL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TAYLOR TALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION OR PRODUCTS MADE AVAILABLE THROUGH THIS SITE, INCLUDINGANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR WILL THE AGGREGATE LIABILITY OF TAYLOR TALL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS PURCHASED THROUGH THE SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT. YOUR SOLE AND EXCLUSIVE REMEDY, AND TAYLOR TALL’S SOLE AND EXCLUSIVE LIABILITY, FOR ANY BREACH OF WARRANTY WILL BE YOUR RIGHT TO RETURN AND RECEIVE A STORE CREDIT FOR THE PRODUCT.

 

Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

 

  1. Indemnification

You agree to indemnify and hold harmless Taylor Tall, its affiliates, and both Taylor Tall’s and its affiliates’ respective members, directors, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of or purchase from this Site.

 

  1. Electronic Communication

You agree to receive communications from Taylor Tall in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that Taylor Tall provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you make a purchase, you become a Taylor Tall customer and may receive promotional emails from Taylor Tall. Depending on the service you sign up for, you also may receive text messages from Taylor Tall. See Taylor Tall Privacy Policyregarding what information we collect from you, how we use that information, and how you can opt out from receiving Taylor Tall promotional emails or text messages.

 

  1. Program Termination

Taylor Tall may terminate its services or product offerings or this Agreement at any time for any reason without prior notice. Without limiting the foregoing, Taylor Tall will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 11, 12, 13, 14, 17, 18, and 19 will survive termination of this Agreement.

 

  1. Dispute Resolution

By using the Site, you agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to Illinois conflict of laws provisions. You further agree that, if you and Taylor Tall cannot resolve through good-faith negotiation any dispute arising out of or related to this Agreement, the dispute will be submitted to an impartial mediator located in Cook County, Illinois for resolution. If the dispute cannot be resolved through the mediator, then you or Taylor Tall may bring an action in a court located in Cook County, Illinois or, if a federal action, in the Northern District of Illinois. You agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive any right to a jury trial.The parties also agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

 

  1. Statute of Limitations

User agrees that regardless of any law to the contrary, any claim or cause of action arising out of or related to the purchase of products through the Site or the Agreement must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

                                                               

  1. Completeness and Severability

This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by Taylor Tall to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by Taylor Tall of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

 

  1. Contacting Us

If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to info@taylortall.com.