Totalimageconsultants.com (the “Site”) is owned and operated by Ginger Burr d/b/a Total Image Consultants (“TIC”). Please carefully read the TOU as they may have changed since your last visit to the Site. Continued use of the Site indicates your understanding and acceptance of any changes made to the TOU and posted to the Site. The TOU do not apply to your use of any third-party websites to which the Site may link.
The Site and any TIC Services or Products are made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content accessed through the Site or any TIC Services or Products.
TIC offers various services, including but not limited to, courses, personal styling, color analysis, personal shopping, events, newsletters, webinars, and guided group shopping (the “Services”). TIC also offers various products, including but not limited to, books (the “Products”). In order to access some of the Services and Products, you may be asked to provide your name, e-mail address, mailing address, telephone number, and payment information, if applicable. Subject to compliance with the TOU, TIC grants you a limited, non-exclusive license to utilize the Services and Products so long as: (i) you are eighteen (18) years of age or older, and (ii) are not barred from receiving the Products and Services offered under the laws of the United States. In order to access and/or use the Services or Products, you must provide current and accurate identification, contact and payment information. You will be responsible for maintaining the accuracy and completeness of such information. TIC may, at any time, revoke your access to the Services for any reason in its sole discretion, including, but not limited to, if TIC believes that you are in breach of these TOU. Upon any expiration of Services ordered by you, or any termination of these TOU, your access and other rights to the Services will be cancelled and cease. In such event you must cease any further use of the Services.
Payments and deposits are non-refundable. You are responsible for the full fee for the Product or Service regardless of whether you actually use the Product or Service and regardless of whether you have chosen a lump-sum or multiple payment plan. No refunds will be issued or monthly payments forgiven. A $10.00 late fee will be charged for any payment not received or unable to be processed by the date due.
If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any TIC Site, please provide notice to the TIC Copyright Agent including the following information:
The TIC Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DBA Total Image Consultants
14 Lewis Street
Lynn, MA 01902-4807
By email: firstname.lastname@example.org
Total Image Consultants and related logos (the “Marks”) are the trademarks of TIC in the United States, other countries, or both. All materials on the Site, including but not limited to, trademarks and logos, designs, text, graphics, sounds, images, and software (the “Content”) are the intellectual property of TIC, its licensors, affiliated companies, or other third parties. The Content is protected by United States and foreign intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of TIC. Notwithstanding the foregoing, course and lecture materials made available to you may be copied, but only for your personal, non-commercial use.
By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which governs or applies to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Site to countries or persons prohibited under the export control laws of the United States. TIC makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.
TIC DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE SITE OR ANY TIC EVENT. THE SITE AND TIC MATERIALS and CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TIC DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, or any MATERIALS or CONTENT RECEIVED from tic, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE or TIC courses. TIC DOES NOT WARRANT THAT THE SITE OR any MATERIALS or CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS and CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS or CONTENT. IF YOUR USE OF THE SITE, MATERIALS, or CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, TIC, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction.
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Under no circumstances shall TIC, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.
You agree to defend, indemnify, and hold harmless TIC and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of theses TOU or applicable law.
Because TIC does not control all aspects of any event, group shopping outing, course, or other activity or gathering (“Activity”); is not involved in any way with physical transportation to or from any Activity; and does not control the actions of any individual at any Activity, you agree that you bear all risk and to release TIC (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site, your third-party transactions, or your transportation to or from, attendance at, or the actions of you or other persons at any Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver to the full extent that you may lawfully waive all such rights and benefits.
These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Suffolk County, Massachusetts or the U.S. District Court for the District of Massachusetts with respect to such matters.
If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.
These TOU constitute the entire agreement between you and TIC with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. TIC may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party.
“I want to share that over Thanksgiving I bought a new winter jacket, and used my color palette to select the one in the turquoise range. At least a half dozen people have commented what a great color it is on me, including some people I hardly know. Making casual human connections is so important, and to make them over color underscores some of the positive ripple effects of your work. The palette has made shopping SO much easier, which is exactly what I'd hoped for. Thank you for being so good at what you do! ”