Terms of Service
Last Updated: December 1, 2017
Tio y Tia owns and operates the website located at www.tioytia.com, including all its services, features, content and applications, whether accessed via computer, mobile device, tablet, or other technology or media platforms now in existence or hereafter developed (collectively, the “Site”), and offers its use to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. This Site is operated by Tio y Tia, a General Partnership, Throughout the Site, the terms “Company”, “we”, “us” and “our” refer to Tio y Tia.
By visiting our Site or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Service”), including any additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content
Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. Use of the Site or its Services constitutes acceptance of these Terms of Service. The same is true when you continue to use the Site after these Terms of Service have changed. Check for updates to the “Effective Date” to determine whether changes have been made. If you do not agree with these Terms of Service, you may not access this Site or use our Services.
Any new features or tools that are added to the current Site shall also be subject to these Terms of Service. You can review the most current version of these Terms of Service at any time on this page. All changes made to these Terms of Service take effect immediately. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
Our Site is hosted by Squarespace. They provide us with the online e-commerce platform that allows us to provide our Services to you.
IMPORTANT: WHEN YOU AGREE TO THESE TERMS, YOU AGREE TO RESOLVE YOUR DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION, UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OR THE DISPUTE IS EXCLUDED FROM ARBITRATION, AS FURTHER DESCRIBED IN THE DISPUTE RESOLUTION SECTION BELOW. PLEASE REVIEW THE DISPUTE RESOLUTION SECTION BELOW FOR DETAILS ON ARBITRATION AND OPTING-OUT.
Use of site
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state of residence. You further represent that:
(1) you possess the legal right and ability to enter into these Terms of Service;
(2) all information submitted by you to the Site is true and accurate;
(3) you are at least 18 years of age; and
(4) you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service.
You must not use our Site or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any applicable laws (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to or through our Site. You must not take any action that would affect the functioning of our Site by any means without our consent. A breach or violation of any of these Terms of Service may result in an immediate termination of your access to our Services.
Accuracy, Completeness, and Timeliness of Information
While we use commercially reasonable efforts to provide accurate information, Company gives no warranty as to the accuracy of the information and content on the Site. Under no circumstances will we be liable for any loss or damage caused by your use, sharing or reliance on information obtained through the Site. Company is not responsible for any action or inaction on your part based on the information that is presented on the Site. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site.
Intellectual Property Rights And Trademarks
The Site and its entire contents, features, and functionality (included but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service only allow you to use the Site for your personal, non-commercial use. Neither our content nor our trademarks available on the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. If you print, copy, modify, download, or otherwise use or provide any person with access to any part of the Site in breach of these Terms of Service, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Site or its contents is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
All content on the Site and all of Company’s content (including graphics available on the Site), unless otherwise indicated, is protected by United States copyright law © 2016 Tio y Tia INC, and may not be reproduced, distributed, republished, filtered, altered, framed, linked or transmitted by any means without the prior permission of Company, unless otherwise provided herein. All rights are reserved.
Modification to Services and Prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Products and services
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Orders and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, or orders that use the same billing or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
If you have signed up for an account on this Site, you have selected or been assigned a particular username and password (your “Credentials”). You are responsible for maintaining the confidentiality of your Credentials. You agree that all actions taken by you, or by any other user who accesses the Site using your Credentials, at or through the Site, will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or were made in error. By use of your Credentials, you assume all resulting liability from use of the Site and any services available on the Site. If you believe someone has accessed the Site using your Credentials without your authorization, you must notify Company via e-mail to firstname.lastname@example.org immediately. If you lose your password, please email email@example.com to obtain a new password.
We may provide you with access to third-party tools which we neither monitor nor control. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services or features through the Site (including, the release of new tools and resources). Such new features or services shall also be subject to these Terms of Service.
Third Party Links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully any such third-party's policies and practices and make sure you understand them before you engage in any transaction with that third-party. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User Comments, Feedback, and Submissions
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 we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are 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. We may, but have no obligation to, monitor, edit or remove Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates or may violate any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
Social Media Features
The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on this Site; send emails or other communications with certain content, or links to certain content, on this Site; cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Social media links and features may be removed at any time without notice.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site provided in connection with our Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on our Site or provided in connection with our Services or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, provided in connection with our Services or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Disclaimers of Warranties
YOU EXPRESSLY AGREE ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THE SITE ARE PROVIDED TO YOU BY COMPANY “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
Specifically, but without limiting the generality of the foregoing, COMPANY makes no warranties regarding the following: availability of the Site at any particular time; accuracy or currency of any content found on the site or the content of any Third Party Sites, personal social media, or other internet or mobile resources linked to the Site; transmissions, to, from, or within the Site; functionality, including, but not limited to, interruption or cessation of transmission to and from the Site OR ANY ERRORS; lack of viruses, including, but not limited to, any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site (or any parts thereof) by any third party; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH THE Site WILL MEET YOUR EXPECTATIONS; compliance of the software, services, and content provided under these Terms with United States federal or state laws; or conformity of the software, content, or services contained in the Site with any particular criteria of performance or quality.
Neither Company nor its affiliates assume any liability or responsibility for any: errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting FROM your access to or use of the Site (or any parts thereof) OR OUR SERVICES; or any unauthorized access to or use of Company’s secure servers or any and all information stored therein, including but not limited to, Submissions and Content Submissions.
Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES, ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MEMBERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES TO YOUR COMPUTER EQUIPMENT. NEITHER COMPANY, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, MEMBERS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES USING THE SITE. IN NO EVENT WILL COMPANY NOR ANY OF ITS RESPECTIVE EMPLOYEES, MEMBERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, INAUTHENTICITY OR OTHER DEFECTS, IN THE INFORMATION CONTAINED AND MADE PUBLIC BY THE SITE. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The owner of this Site is based in the state of New York in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal for certain persons in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You agree to indemnify, defend and hold harmless Tio y Tia INC and our parent, subsidiaries, affiliates, partners, officers, directors, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and members harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
If any provision of these Terms of Service shall be held, by a court of competent jurisdiction, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Any provision of these Terms of Service held unlawful, void, or for any reason unenforceable shall be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; or accordingly we may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York.
Changes to Terms of Service
You can review the most current version of these Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Effective Date: December 1, 2017