Personal, Non-Commercial UseThe 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.
Services and ProductsTIC 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.
Refund policyPayments 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.
Copyright Infringement and Copyright AgentIf 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:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
- A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
- A description of where the material that you claim is infringing is located on a TIC Site.
- Information sufficient to permit TIC to contact you, such as your physical address, telephone number, and email address.
- A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Intellectual Property RightsTotal 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.
Compliance with LawsBy 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.
Force MajeureUnder 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.
IndemnityYou 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.
ReleaseBecause 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.
Governing LawThese 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.
Your thoughtful, kind, yet direct way of imparting suggestions is what prompted me to invest in myself and purchase several of the services you offer. The Color Palette, Closet Clean Out, Inner Beauty Words and Shopping trips were all learning experiences and offered ways to practice and literally “try on” my newfound knowledge. The best part is that I feel confident about my wardrobe choices! Now I can quickly zero in on what I need, then choose colors, styles and accessories that are not only the very best for me but help me sparkle when I wear them.