Right to Alter Covered Sites
We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue a Covered Site or any service, content, feature or product offered through the Covered Sites, with or without notice; charge fees in connection with the use of the Covered Sites; modify and/or waive any fees charged in connection with a Covered Site; and/or offer opportunities, and/or promotions, to some or all users of the Covered Sites. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of a Covered Site, or any service, content, feature or product offered through a Covered Site.
Covered Sites – Contents and Functionality
The contents and functionality of the Covered Sites are intended to make online shopping for clothing and accessories easier, better and more fun for users. With this intent, there is no guarantee (actual or implied) that the user will like everything that the user purchases when using a Covered Site, or that the user will not want to return a purchase sourced through a Covered Site.
Other than the specific online shopping sites accessed through the Covered Sites, and the information and pictures you may provide, the Covered Sites, and all materials on the Covered Sites, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Try It On – Online, Inc.
The Covered Sites and the Contents are intended solely for personal use. You may download the Contents and other downloadable materials displayed on the Covered Sites for personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not publish, modify, create derivative works from, sell or exploit in any way any of the Contents or the Covered Sites.
The Covered Sites are controlled and operated by Try It On – Online, Inc. from its offices in Barrington, IL. One or more patents may apply to the Covered Sites.
User Comments, Feedback, and Other Submissions
We are always pleased to hear from users and we welcome your comments regarding the Covered Sites. However, the Try It On – Online, Inc. company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Try It On – Online’s employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that Try It On – Online, Inc. may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. Try It On – Online, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Try It On – Online, Inc. has the right but not the obligation to monitor and edit or delete any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Covered Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Try It On – Online, Inc. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Try It On – Online, Inc. takes no responsibility and assumes no liability for any Comments posted by you or any third party.
Personal Information Submitted Through the Covered Sites
Try It On–Online, Inc. respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please contact us at: [email protected].
Product Information and Purchases
All product (clothing, foot ware, accessories, etc.) information obtained through and/or purchases made through, or sourced through, the Covered Sites are transactions solely between the user and the specific online retailer(s) involved. Try It On – Online, Inc. makes no representation concerning the accuracy of the information provided by the online retailer(s) linked to via the Covered Sites and all matters regarding purchases (pricing, availability, quality, delivery, returns, etc.) are to be resolved directly, and solely, by the user and the online retailer(s) involved.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on the Covered Sites, that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders, if any information on the Covered Sites is inaccurate at any time without prior notice.
Links to Other Websites and Services
The Covered Sites contain links to other websites that are not under the control of Try It On – Online, Inc. Try It On – Online, Inc. has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the users of the Covered Sites.
Your use of the Covered Sites is at your sole risk, and you assume full responsibility for any costs associated with your use of the Covered Sites. Try It On – Online, Inc. shall not be liable for any costs or damages of any kind related to your use of the Covered Sites.
You agree to defend, indemnify and hold Try It On–Online, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Covered Sites and/or your breach of any representation, warranty, or other provision of the Agreement.
Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and Try It On – Online, Inc. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Covered Sites, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (via email) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
(1) to Try It On-Online, Inc. at: [email protected]
(2) to you at: your email address provided in your log on or your email URL.
Both you and Try It On-Online, Inc. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any litigation or filing any claim against the other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the State of Illinois, without regard to any conflict of law provisions. Any dispute arising under this Agreement, and not resolved as above, shall be resolved exclusively by the state and/or federal courts of the State of Illinois. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Try It On – Online, Inc.’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Covered Sites.
These terms are effective unless and until terminated by Try It On – Online, Inc. Try It On – Online, Inc. may terminate this Agreement at any time without notice, and accordingly may deny you access to the Covered Sites, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.