Terms and Conditions
Agreement
between user and www.tibebties.com
Welcome to www.tibebties.com. The
www.tibebties.com website (the "Site") is comprised of various web
pages operated by Tibeb Ties ("Tibeb Ties"). www.tibebties.com is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms"). Your
use of www.tibebties.com constitutes your agreement to all such Terms. Please
read these terms carefully, and keep a copy of them for your reference.
www.tibebties.com is a E-commerce Site
Provide quality men's neckties using natural
organic materials woven and sewn by hand in Ethiopia by a women's
micro-enterprise imitative.
Electronic
Communications
Visiting www.tibebties.com or sending emails
to Tibeb Ties constitutes electronic communications. You consent to receive
electronic communications and you agree that all agreements, notices,
disclosures and other communications that we provide to you electronically, via
email and on the Site, satisfy any legal requirement that such communications
be in writing.
Tibeb Ties does not knowingly collect, either
online or offline, personal information from persons under the age of thirteen.
If you are under 18, you may use www.tibebties.com only with permission of a
parent or guardian.
Links
to third party sites/Third party services
www.tibebties.com may contain links to other
websites ("Linked Sites"). The Linked Sites are not under the control
of Tibeb Ties and Tibeb Ties is not responsible for the contents of any Linked
Site, including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Tibeb Ties is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by Tibeb Ties of the site or any association with its operators.
Certain services made available via
www.tibebties.com are delivered by third party sites and organizations. By
using any product, service or functionality originating from the
www.tibebties.com domain, you hereby acknowledge and consent that Tibeb Ties
may share such information and data with any third party with whom Tibeb Ties
has a contractual relationship to provide the requested product, service or
functionality on behalf of www.tibebties.com users and customers.
No
unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive,
non-transferable, revocable license to access and use www.tibebties.com
strictly in accordance with these terms of use. As a condition of your use of
the Site, you warrant to Tibeb Ties that you will not use the Site for any
purpose that is unlawful or prohibited by these Terms. You may not use the Site
in any manner which could damage, disable, overburden, or impair the Site or
interfere with any other party's use and enjoyment of the Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service,
such as text, graphics, logos, images, as well as the compilation thereof, and
any software used on the Site, is the property of Tibeb Ties or its suppliers
and protected by copyright and other laws that protect intellectual property
and proprietary rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions contained in any such
content and will not make any changes thereto.
You will not modify, publish, transmit, reverse
engineer, participate in the transfer or sale, create derivative works, or in
any way exploit any of the content, in whole or in part, found on the Site.
Tibeb Ties content is not for resale. Your use of the Site does not entitle you
to make any unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution notices in any
content. You will use protected content solely for your personal use, and will
make no other use of the content without the express written permission of
Tibeb Ties and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses,
express or implied, to the intellectual property of Tibeb Ties or our licensors
except as expressly authorized by these Terms.
International
Users
The Service is controlled, operated and
administered by Tibeb Ties from our offices within the USA. If you access the
Service from a location outside the USA, you are responsible for compliance
with all local laws. You agree that you will not use the Tibeb Ties Content
accessed through www.tibebties.com in any country or in any manner prohibited
by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold
harmless Tibeb Ties, its officers, directors, employees, agents and third
parties, for any losses, costs, liabilities and expenses (including reasonable
attorney's fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any
terms of this Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations. Tibeb Ties
reserves the right, at its own cost, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which
event you will fully cooperate with Tibeb Ties in asserting any available
defenses.
Arbitration
In the event the parties are not able to
resolve any dispute between them arising out of or concerning these Terms and
Conditions, or any provisions hereof, whether in contract, tort, or otherwise
at law or in equity for damages or any other relief, then such dispute shall be
resolved only by final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and administered by
the American Arbitration Association, or a similar arbitration service selected
by the parties, in a location mutually agreed upon by the parties. The
arbitrators award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or equitable action,
proceeding or arbitration arises out of or concerns these Terms and Conditions,
the prevailing party shall be entitled to recover its costs and reasonable
attorney's fees. The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as a result of
these Terms and Conditions, whether directly or indirectly, including Tort
claims that are a result of these Terms and Conditions. The parties agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision. The entire dispute, including the scope and enforceability of this
arbitration provision shall be determined by the Arbitrator. This arbitration
provision shall survive the termination of these Terms and Conditions.
Class
Action Waiver
Any arbitration under these Terms and Conditions
will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,
COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and
Employer agree otherwise, the arbitrator may not consolidate more than one
person's claims, and may not otherwise preside over any form of a
representative or class proceeding.
Liability
disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
TIBEB TIES AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
SITE AT ANY TIME.
TIBEB TIES AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION
OF ANY KIND. TIBEB TIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL TIBEB TIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIBEB TIES OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access
restriction
Tibeb Ties reserves the right, in its sole
discretion, to terminate your access to the Site and the related services or
any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
District of Columbia and you hereby consent to the exclusive jurisdiction and
venue of courts in District of Columbia in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any
jurisdiction that does not give effect to all provisions of these Terms,
including, without limitation, this section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Tibeb Ties as a
result of this agreement or use of the Site. Tibeb Ties's performance of this
agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of Tibeb Ties's right to comply with
governmental, court and law enforcement requests or requirements relating to
your use of the Site or information provided to or gathered by Tibeb Ties with
respect to such use. If any part of this agreement is determined to be invalid
or unenforceable pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and Tibeb Ties with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the
user and Tibeb Ties with respect to the Site. A printed version of this
agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It
is the express wish to the parties that this agreement and all related documents
be written in English.
Changes
to Terms
Tibeb Ties reserves the right, in its sole
discretion, to change the Terms under which www.tibebties.com is offered. The
most current version of the Terms will supersede all previous versions. Tibeb
Ties encourages you to periodically review the Terms to stay informed of our
updates.
Contact
Us
Tibeb Ties welcomes your questions or comments
regarding the Terms:
Tibeb Ties
1604 Q Street NW #503
Washington, District of Columbia 20009
Email Address:
andrew@tibebties.com
Telephone number:
202-641-5145
Effective as of April 30, 2015