Terms & Conditions
These Terms of Service govern your use of the TieTry service, including all features and functionalities, tie rentals, our website and user interfaces, and all content and software associated therewith (the “TieTry service” or “service”). By using, visiting, or browsing the TieTry service, you accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use the TieTry service, including our website and user interfaces. These Terms of Service are an ongoing contract between you and TieTry, LLC. and apply to your use of the service.
TieTry reserves the right, from time to time, with or without notice to you, to change these Terms of Service in our sole and absolute discretion. The most current version of these Terms of Service can be reviewed by visiting our website and clicking on "Terms of Service" located at the bottom of the pages of the TieTry website. The most current version of the Terms of Service will supersede all previous versions.
The service allows registered members to borrow ties and other products from TieTry in accordance with these Terms of Service. When a customer pays a membership fee, the customer can choose products to borrow from our selection, and have them shipped to the customer's address. The currently available membership options are outlined on the website. Delivery times depends upon several factors, including the customer's delivery address, and TieTry makes no guarantee as to actual delivery time. THE RISK OF LOSS FOR ITEMS SHIPPED PASSES TO YOU UPON OUR DELIVERY TO THE CARRIER. If you return a product in a damaged or dirty condition that exceeds normal wear and tear, as determined by TieTry in our sole discretion, you agree that TieTry may charge your credit card and collect a replacement, repair, or cleaning fee for such product. The product replacement fee varies depending on the specifics of each item.
When you join as a member you will be required to provide TieTry with accurate, complete and current credit card information for a valid credit card that you are authorized to use. By signing up for the Service, you authorize TieTry or its agent to bill your credit card the applicable membership fees, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. The applicable membership fees will be charged to your credit card on the date your membership is created and each month thereafter, on the calendar day corresponding to the commencement of your membership. If your membership begins on the 29th, 30th or 31st of any month, TieTry will charge your credit card on the 28th day of each subsequent month. Other fees will be charged to your credit card as you incur them.
If TieTry does not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services and you authorize TieTry to charge outstanding fees and other amounts due us against any credit card you have on file with us. TieTry reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. TieTry reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.
TieTry may modify the price, content, or nature of the Service at any time. If we modify any of the foregoing terms, you may cancel your membership. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site.
Your TieTry membership will continue unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each billing period in order to avoid billing of the next billing period's membership fees to your Payment Method. We will bill the membership fee at the then current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Membership fees are fully earned upon payment.
You may cancel your TieTry membership at anytime, and cancellation will be effective immediately. Upon cancellation, you are given 5 business days to return any outstanding items. If we do not receive outstanding items within 5 days after cancellation, we will charge your card for the price of such items. TieTry does not provide refunds or credits for any partial month. Further, we reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the TieTry service. These Applications may import data related to your TieTry account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and TieTry is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. If you choose, at your sole and absolute discretion and risk, to use an Application, such Application may interact with, connect to or gather and/or pull information from and to your TieTry account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your TieTry account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if TieTry has not provided such information; and (iii) your use of an application is at your own option and risk, and you will hold TieTry harmless for the sharing of information relating to your TieTry account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your TieTry account information with, through or by any other means identified on an Application. In addition, the Application's terms of use and/or any other documentation or materials designated by the Application will govern your use of that Application. It is possible that you may be able to revoke an Application's access to your TieTry account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may appear to be associated with or sponsored by TieTry. While these Applications may utilize TieTry trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not TieTry, unless otherwise indicated by TieTry. TIETRY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; TieTry makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. TieTry assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by TieTry, or any conduct by users of the Site. TieTry reserves the right to refuse to ship products in its sole discretion. TieTry EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, TieTry does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current. TIETRY AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. TIETRY AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. TIETRY AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO TIETRY BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY TIETRY TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
You agree to indemnify and hold TieTry, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions.
The TieTry service, including all content included on the website and user interfaces, or delivered to members as part of the service, including neckwear and cuff links, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of Tietry and are protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by TieTry on our website and user interfaces, or in connection with the service are the exclusive property of TieTry and its licensors and are protected by the copyright and trade secret laws in the territories in which the service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from TieTry or its suppliers. You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the TieTry service, not to insert any code or product or manipulate the content of the TieTry service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. TieTry reserves the right to terminate your membership hereunder if we, in our sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the TieTry software restrictions or the copying of other unauthorized use of our proprietary content. Please see the instructions at the end of these Terms of Service for notifying us of the presence of any allegedly infringing content of the TieTry service, including any on the TieTry website or user interfaces.
TieTry is a registered trademark of TieTry, LLC. The TieTry logo and tietry.com
These Terms and Conditions are governed in all respects by the laws of the State of Alabama as such laws are applied to agreements entered into and to be performed entirely within Alabama between Alabama residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN MOBILE COUNTY, ALABAMA, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY TIETRY TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT TIETRY FROM THEFT OR FRAUD. AT TIETRY'S SOLE OPTION, TIETRY MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT TIETRY FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED. Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Mobile County, Alabama, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Alabama law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.
If you are redeeming a subscription you purchased on a deal site, or if you are redeeming a coupon code that we provided you for free months of TieTry, please note that your credit card will be charged $0.01 per month. We apologize for any inconvenience this may cause, but this is a necessity because of technical issues related to the coding on the website. If you would like for us to refund the penny that is charged on your card, please email us at info@tietry.com and we will mail you a check refunding the $0.01.
We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright or trademark infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement and notify us of your concern by submitting a written notice to us at the following address: 141 Silverwood Street, Mobile, AL 36607