Terms of Service

OVERVIEW

Welcome to www.thefashionlaw.com website (the “Site”) owned and operated by TFL Media, Inc. (“The Fashion Law™”, “TFL®”, or “we” or “us”). Please read the following Terms and Conditions (“Terms”) carefully before using this Site. These Terms govern your access to and use of our Site along with any other products or services offered by us, whether through the Site or otherwise (collectively and together with the Site, the “Services”).

If you have additional questions or require more information about our Terms or Privacy Policy, do not hesitate to contact us.

Our Terms and Privacy Policy apply only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in TFL®. These terms are not applicable to any information collected offline or via channels other than this website.

We only permit individuals who are at least 18 years old, or the age of majority in your province, territory or country, and who can form legally binding contracts with us to use the Services. Individuals under the age of 18, or the applicable age of majority, (“Minors”) may utilize the Services only with the consent and support of a parent, legal guardian or other qualified adult. If you are a parent or guardian and you allow your Minor to use the Services, you agree to be bound by the Minor’s use of the Services and by these Terms. If you are a Minor and do not have the requisite parent or guardian consent, please do not attempt to access or use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

LICENSE

These Terms provide you (the “User” or “you”), with a personal, revocable, nontransferable, nonassignable, limited license to use this Site conditioned on your continued compliance with the Terms.

These Terms govern your use of the TFL® Site and all of its information, data, software, search engine, and other material and technology, and are legally binding on you. If you do not agree with all of these Terms, do not access or otherwise use this site or any information contained on the Site. Your use of the Site shall be deemed to be your agreement to abide by the Terms set forth below without modification.

As a condition of your use of the Site, you warrant to TFL® that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

TFL® grants you, the User, the limited right to display the information, documents, products, software and services contained or made available on or through this Site, including but not limited to any information, graphics, images, text, software, sound or other materials and content (the “Content”) solely on your personal computer for your personal, non-commercial use. While you may occasionally download and store content from the Site for your personal use, bulk downloading is expressly forbidden, as is serial or cumulative downloading that results in the User producing on his or her computer, in effect, all or any substantial subset of the Site. Any sharing of Content that has been downloaded is also expressly forbidden.

SUBSCRIPTION TERMS

You may choose to subscribe to TFL® in order to gain access to content on the Site, which may be restricted or unlimited depending on the package selected. Should a subscriber have difficulty accessing their account, it is the sole responsibility of the subscriber to promptly alert TFL® about the issue.

Based on an individual’s subscription basis and unless cancelled by the subscriber, memberships auto-renew each period, and the relevant subscription fee will be charged to the payment method submitted by the subscriber at the time of registration. Subscribers may cancel their subscriptions at any time by logging into their account, clicking “My Account,” and selecting “Cancel Purchase” under the “Purchase History” section. Once a User cancels their subscription, they will have access to TFL® until the last day of their plan.

Each subscription registration is for a single user only, is to be used by a sole individual, and is non-transferable and non-assignable. This applies to individual and team subscription plans. Users must register with an individual, professional email address in their name. Non-individualized email addresses (i.e.,  info@xyz.comteam@xyz.comsubscriptions@xyz.com) are not permitted. Subscriptions that are created using a non-individualized or shared email address will be suspended and/or terminated at TFL’s discretion.

You are not permitted to share your registration login credentials or give your login credentials to anyone else. We may monitor the number of devices and IP addresses used to access your subscription. You are responsible for taking reasonable measures to prevent access by unauthorized persons and for promptly terminating any unauthorized access.

You may not use the login credentials of another person to create an account with the intent to impersonate that person, and you may not misrepresent your student status for the purpose of obtaining a student subscription (which is described below).

Sharing subscriber-exclusive benefits, including newsletters, is strictly prohibited. This includes but is not limited to downloading and/or forwarding TFL® newsletters or other content.

Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate suspension or termination of your subscription. In the event of access being suspended or terminated due to breach of our Terms, no refund shall be provided for any subscription fees you may have already paid.

You may be offered a promotional price, such as a trial subscription or a renewal-dependent discount, that is available for the length of time disclosed in your offer. As will be disclosed in the offer, certain subscriptions at a promotional price will, unless cancelled before the end of the last day of such a subscription, automatically convert from a subscription at a promotional price to a full price subscription for Services and you will be charged for such a subscription on the last day of your subscription at a promotional price. The total monthly or yearly subscription price (including applicable taxes) that will apply upon your subscription for a promotional price automatically converting to a fully price subscription for Services will be disclosed to you prior to you registering as a User of Services for the purposes of the subscription for a promotional price. By starting a subscription to Services, you authorize TFL® to charge you for the subscription fee at the then-current rate, and any other charges you may incur in connection with your use of the Services, to the payment method you provide during registration for the TFL® Service (or to a different payment method if you change your account information) until you cancel your subscription.

For renewal-dependent discounts, you may be charged up-front in order to secure a discounted rate for an impending renewal period. If this is the case, the payment structure will be disclosed to you in connection with the discount offering.

CHANGING FEES AND CHARGES; PAYMENT CANCELLATION

TFL® reserves the right to change the features, Content or Services related to any subscription package without notice to Users, and it is within the sole discretion of TFL® to amend or change any subscription prices or pricing models. Any special offer or discount offered may be withdrawn or changed without notice.

TFL® does not offer refunds for any reason unless there is a duplicate payment. In the event that a subscriber notifies TFL® of a duplicate charge, a refund will be issued to the payment method used. If any or all of our digital products are temporarily unavailable, you will not receive a refund. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

PROHIBITED CONDUCT

You may not:

  • Reproduce, republish, upload, post, transmit, or distribute in any way Content from the Site, in whole or in part, except as specifically provided under the limited licenses set forth above.
  • Copy, modify, or display the TFL® name, logo, text, or graphic images in any way without express written permission, except as set forth in the limited licenses above.
  • Redeliver any of the pages, text, images, or other Content of the Site using “framing” technology express written permission.
  • Modify or use the pages, text, images, or other Content from the Site for any unauthorized purpose; doing so is a violation of TFL®’s copyrights and other proprietary rights.
  • Include the term “TFL®,” any TFL® trademark, any TFL® executive’s name, or any variation of any of the foregoing, as a metatag, keyword, hidden textual element, or any other indicator that risks creating a misimpression or confusion among the public that the User or the services and/or goods offered on any linked site are in any way sponsored or endorsed by, or associated or affiliated with, TFL®.

PROPRIETARY RIGHTS

All Content and other material contained on this Site, unless otherwise indicated, are protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state and national laws and regulations. Except as expressly provided herein, TFL® does not grant to you any express or implied right(s) to use such Content or material.

Except as otherwise specified, all Content and other material on the Site is “Copyright 2022 TFL®. All rights reserved.” Removing or altering the copyright notice on any Content and other material on this Site is prohibited. TFL® also owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site’s Content

All trademarks, service marks, and trade names displayed on this Site are proprietary to TFL®, except as explicitly noted otherwise. The Fashion Law™” and TFL® are trademarks owned by the TFL Media, Inc. The names of other companies and products mentioned on the Site may be the trademarks of their respective owners.

PRIVACY POLICY

TFL® respects your privacy when browsing our Site. Please see the TFL® Privacy Policy, the terms of which are incorporated in this Agreement by reference, for a summary personal data collection, disclosure and use practices. Use of this Site constitutes consent to the collection, disclosure and use of personal data as outlined therein.

TFL® takes reasonable steps to ensure that the information it obtains from you remains confidential and is stored in a secured manner. TFL® does not sell, rent, loan, share, provide or otherwise make available any such personally identifiable information to any third party. TFL® is committed to protecting the confidentiality of your personal information and its employees are responsible for adhering to appropriate confidentiality standards designed to protect the privacy of your information.

If you want to correct, update or confirm your personal information retained by TFL® through your use of the Site, please contact us by email at info@tflmediaincstg.wpengine.com

TFL® may collect and provide to third parties aggregate statistics such as User traffic patterns, but these statistics will not include personally identifying information. Please be aware that you may be able to access other Internet sites via certain links available on the Site, and those web sites may collect personally identifiable information about you. The information practices of those web sites linked to this Site are not covered by this privacy statement.

LINKS TO THIRD PARTY WEBSITES

We may provide links to third party websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible in any way for: (a) the availability of, (b) the privacy practices of, (c) the content, advertising, products, goods or other materials or resources on or available from, or (d) the use to which others make of these other websites and services. We are also not responsible for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on such websites or services.

ASSUMPTION OF RISK

Your Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws, and regulations. While TFL® endeavors to protect the personal information you may provide to it, please be advised that the confidentiality of any communication or material transmitted to or from this Site over the Internet cannot be guaranteed. Accordingly, TFL® is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. Moreover, TFL® will not be liable for any loss resulting from interruptions or omissions in Internet, communications, data processing, network, or hosting services. You assume the sole and complete risk of using the Site.

INDEMNIFICATION

You agree to indemnify and hold harmless TFL®, and their respective parents, affiliates, subsidiaries, and related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorney’s fees and court costs) arising out of any third-party claims based on or related to your use of the Site, or any breach by you of these Terms.

DISCLAIMER OF WARRANTIES

THE SITE AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS AND ARE MADE AVAILABLE WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. TFL® DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY AND/OR NON-INFRINGEMENT. USE OF THIS SITE IS AT YOUR OWN RISK. TFL® DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CONTENT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVICE THAT MAKES THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AS BETWEEN YOU, TFL®, YOU ASSUME THE RISK OF DAMAGE AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION OF YOUR COMPUTER AND RELATED SYSTEMS ARISING FROM YOUR USE OF THE SITE.

THE CONTENT AND INFORMATION ON THIS SITE ARE PROVIDED FOR EDUCATIONAL PURPOSES ONLY. SUCH CONTENT AND INFORMATION IS NOT INTENDED TO BE RELIED UPON BY YOU IN LIEU OF LEGAL ADVICE. CONSULT WITH AN ATTORNEY FOR INFORMATION RELATED TO YOUR SPECIFIC SITUATION

LIMITATION OF LIABILITY AND SOLE REMEDY

UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL TFL® OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SITE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SITE, EVEN IF TFL® HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH USING THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY, YOU AGREE THAT THE AGGREGATE LIABILITY OF TFL® FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE AND ITS CONTENT SHALL NOT EXCEED $50.00 U.S.D

TFL® AND AGENTS ALSO ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITE OR YOUR DOWNLOADING OF ANY CONTENT OR MATERIALS FROM THE SITE.

COMPLIANCE WITH APPLICABLE LAW

TFL® controls and operates this Site from its headquarters in the United States of America. TFL® makes no representation that the Site is appropriate or available for use in other locations or that TFL® complies with the local law of other locations. If you use this Site from outside the United States of America, you are solely responsible for compliance with all applicable laws, including but not limited to the export and import regulations of the U.S. and/or other countries in relation to the Content.

TERMINATION

TFL® may terminate your access to all or any part of the Site, at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever, including, but not limited to, your breach of any of these Terms.

MODIFICATION TO TERMS

TFL® reserves the right to change these Terms or its policies relating to the Site at any time and shall notify you by posting an updated version of these Terms on this Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.

GENERAL

These Terms will be governed and interpreted pursuant to the laws of the State of New York without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to these Terms or in connection with the Site only in the federal and state courts located in New York. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and TFL® as a result of this agreement or use of the Site. The failure of TFL® to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TFL® in writing. The Terms comprise the entire agreement between you and TFL® with respect to the Site; provided, however, that you will also be subject to any additional terms and conditions of which you are notified and to which you manifest your consent by continued use of the Site.

RELEASE

You release TFL® and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your use of the Services (collectively, “Claims”). If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his favor at the time of executing the release, which, if known by him would have materially affected his settlement with the debtor.” This release does not apply to any Claims for unconscionable commercial practice by TFL® or fraud, deception, false, promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the Services.

SEVERABILITY

If it turns out that any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms.

ASSIGN

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent.

QUESTIONS OR ADDITIONAL INFORMATION

If you have questions regarding these Terms or wish to obtain additional information, please email support@thefashionlaw.com