TIGI Terms and Conditions

Welcome to the TIGI Insider website (“TIGI Platform”). The following Terms and Conditions govern your access and use of the TIGI Platform, including any transactions or purchases made from the TIGI Platform, and shall be dated as of the date you indicate acceptance through your use of the TIGI Platform.

By using or accessing, or by acquiring services from the TIGI Platform, you accept and agree to these Terms and Conditions, and all applicable terms and conditions, policies, or disclaimers found on the TIGI Platform or referenced in these Terms and Conditions (collectively the "TIGI Policies"). We encourage you to read the TIGI Policies carefully. You may not use or transact business with the TIGI Platform if you do not agree to these Terms and Conditions.

PLEASE READ CAREFULLY. THE FOLLOWING TERMS AND CONDITIONS CONSTITUTE A CONTRACT BETWEEN YOU AND TIGI LINEA CORP. (“TIGI”). THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND TIGI. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN THE "BINDING INDIVIDUAL ARBITRATION" SECTION.

TIGI, in its sole discretion, reserves the right to modify or change these Terms and Conditions on a prospective basis at any time without notice to you. You are responsible for reviewing these Terms and Conditions each time you use or make a purchase from the TIGI Platform. By using the TIGI Platform including, but not limited to, through the use of crawlers, robots, browsers, data mining or extraction tools or other functionality, whether installed by you or a third party, or making a purchase of products from the TIGI Platform, you agree to be bound by the then-current Terms and Conditions. If at any time you do not accept all of these Terms and Conditions, you must immediately stop using the TIGI Platform.

A printable copy of these Terms and Conditions is available at https://educationhub.tigi-insider.com/.

 

  1. ABILITY TO ACCEPT TERMS AND CONDITIONS

By using or transacting with the TIGI Platform, you affirm that you are at least eighteen (18) years of age or older or an emancipated minor and are fully able and competent to enter into and abide by the terms, conditions, obligations, representations and responsibilities set forth in these Terms and Conditions. If you are not eighteen (18) years of age or older, you may not access, use, or purchase products from the TIGI Platform. If TIGI has previously prohibited you from accessing or using the TIGI Platform, or otherwise notified you thereof, you are not permitted to access or use the TIGI Platform at any time.

 

  1. PRICING

The price applicable to your purchase of products on the TIGI Platform will be the price that was in effect at the time of your purchase. TIGI reserves the right to alter the prices of any products in its sole discretion. If the price later drops, or if we offer promotional pricing or changes to the offering subsequent to your purchase, you will not be entitled to any refund of the price difference.

Errors in listed prices, product descriptions, and associated terms may occur. If we discover an error in the price of products you have purchased, we will contact you. You will have the option of either reconfirming your purchase at the correct price or canceling it. If we are unable to contact you, your purchase will be cancelled. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of listings, descriptions, or images (including any features, specifications and other information).

Prices listed do not include sales tax. In certain jurisdictions, local laws require that prices include all applicable taxes, in which case this will be indicated at the time of the transaction. TIGI may charge additional fees for processing or other special services, if applicable.

 

  1. PURCHASING 

All purchases of products made on the TIGI Platform are subject to availability. Your receipt of an electronic purchase confirmation does not signify TIGI’s acceptance of your purchase, nor does it constitute confirmation of our offer of any TIGI Platform products. TIGI reserves the right, at any time after your purchase of products, to accept or decline your purchase for any reason, and to require additional verification or information before accepting any purchase.

Products made available through the TIGI Platform are sold for your personal, non-commercial use. TIGI reserves the right, with or without prior notice, in its sole discretion, to do any one or more of the following: (i) discontinue any product; (ii) bar any user from making or completing any or all purchases; and (iii) refuse to provide any user with access to the TIGI Platform and/or any product. TIGI also reserves the right to, in its sole discretion, refuse service, terminate your rights to use the TIGI Platform or cancel any purchase of products.

 

  1. PAYMENT

When you place an order to purchase product from the TIGI Platform, you authorize us to charge your selected payment method on file for the total amount of your order, including any applicable taxes, as they become payable. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE FROM THE TIGI PLATFORM.

In order to complete your order, you may be asked to supply information relevant to your purchase, including information about your payment method (e.g., credit card number, expiration date), your billing address, and your shipping information. By submitting such information, you grant to TIGI the right to provide such information to third parties for purposes of facilitating the completion of any purchases initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any purchase.

You agree to pay all charges that may be incurred by you, or on your behalf, through the TIGI Platform at the price(s) in effect when such charges are incurred including all taxes and other fees.

 

  1. SHIPPING 

Delivery Information. Orders will only be shipped and delivered to addresses located within the 48 contiguous United States. TIGI will not ship to Alaska, Hawaii, U.S. territories, military & air force bases and Canada. An order may only be shipped to one delivery address.

Multiple Shipments. The merchandise you order may arrive in more than one box, but you will not incur any additional shipping charges under such circumstances. The total charges for all shipments, including the shipping charges, will equal the total for the entire order stated during the checkout process.

Delivery Methods. Your shipment will arrive via UPS SurePost. Because of this service, your final delivery may be completed either by the U.S. Postal Service or by UPS. 

Standard ground delivery is the only delivery option. Items will arrive within 4-10 business days after shipment for most items that are in stock. Please note that your package will not be delivered on a national holiday, and that national holidays may impact delivery times.

Risk of Loss. THE RISK OF LOSS SHALL PASS TO YOU AS SOON AS YOUR ORDER IS PLACED BY OUR SHIPPING PROVIDER AT THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. YOU HEREBY RELEASE US FROM ANY AND ALL LIABILITY IN THE EVENT YOU (A) PROVIDE AN INCORRECT DELIVERY ADDRESS DURING THE CHECKOUT PROCESS AND/OR (B) FAIL TO COLLECT THE MERCHANDISE FROM THE DELIVERY ADDRESS YOU PROVIDE DURING THE CHECKOUT PROCESS. WE ASSUME NO RESPONSIBILITY FOR THEFT OF MERCHANDISE FROM YOUR DELIVERY ADDRESS AFTER OUR SHIPPING PROVIDER HAS LEFT THE ITEM AT THE DELIVERY ADDRESS.

 

  1. CANCELLATIONS AND REFUNDS 

Transactions are not cancellable once submitted. We may, in our discretion, elect to cancel any order at any time. Any order cancelled by us will be refunded to the extent payment has already been processed.

Our 14-Day Happiness Guarantee

If you are dissatisfied with one of our products in the TIGI order you receive, for any reason, we will refund the amount paid for that product. Refund requests must be made within fourteen (14) days of the shipment date and can be submitted via insidersupport@tigi.com. Refund requests must include your order number. Do not ship your product back to TIGI; it is not needed and will not be accepted. Once we receive your request, we will credit the amount paid for the returned product(s) (minus any shipping and handling costs or fees related to the original purchase, which are non-refundable) to the payment card you provided to us to make the original purchase. We do not control when a specific credit card or payment method company processes a chargeback transaction. We will not provide a refund for requests that are received more than 14 days after the date of original shipment. 

Damaged or Defective Merchandise

If the product you receive from the TIGI Platform is damaged or defective, you may request a refund. Refund requests must be made within fourteen (14) days of the shipment date and can be submitted via insidersupport@tigi.com. Refund requests must include: (i) your order number and (ii) a photograph of the damaged product(s). Do not ship your damaged or defective product back to TIGI; it is not needed and will not be accepted. Once we approve your request, in our reasonable discretion, we will credit the amount paid for the damaged or defective product(s) to the payment card you provided to us to make the original purchase. We do not control when a specific credit card or payment method company processes a chargeback transaction. We will not provide a refund for requests that are received more than 14 days after the date of original shipment.

 

  1. USE OF TIGI PLATFORM 

TIGI may, in its sole and absolute discretion, terminate, suspend or otherwise deny your access to all or part of the TIGI Platform at any time, for any or no reason at all, with or without notice to you. If we terminate your right to access the TIGI Platform, these Terms and Conditions will terminate and all rights you have to access the TIGI Platform will immediately terminate. Certain provisions of these Terms and Conditions will still apply after termination of such rights, including, without limitation, and as applicable, the Disputes/Binding Individual Arbitration provision. Termination of your use and access to the TIGI Platform may also include, at TIGI’s sole discretion, the right to delete any content you submitted, posted, uploaded or otherwise made available on the TIGI Platform.

As a condition of your use of the TIGI Platform, you represent and warrant to TIGI that you will not use the TIGI Platform for any purpose that is unlawful or prohibited by these Terms and Conditions, the TIGI Policies, any TIGI policies or any other terms that apply to your use of the TIGI Platform.

You may not use the TIGI Platform in any manner that could damage, disable, overburden, or impair TIGI’s server, or the network(s) connected to TIGI’s server, or interfere with any other party's use and enjoyment of the TIGI Platform. You may not attempt to gain unauthorized access to the TIGI Platform, computer systems or networks connected to any TIGI server or to the TIGI Platform, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any materials or information through any means not intentionally made available through the TIGI Platform. You may not use the TIGI Platform in a way that infringes rights of any third parties, including willfully harming a person or entity, including TIGI. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the TIGI Platform. THE COPYING OR REPRODUCTION OF THE TIGI PLATFORM SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

TIGI may at any time (i) modify or discontinue any part of the TIGI Platform; (ii) modify the price of products provided on the TIGI Platform; or (iii) modify or introduce different opportunities to some or all TIGI Platform users.

As part of the services offered on the TIGI Platform, you may receive emails and phone calls from TIGI. By signing up on the TIGI Platform and purchasing products, and providing your email and phone number, you agree to receive these communications from TIGI and any third parties offering services through the TIGI Platform. You also acknowledge that these communications may be monitored and/or recorded for quality assurance purposes, and you expressly consent to being monitored or recorded. We will not share them, or any personally identifiable information, with any other third party except in limited instances clearly outlined in our Privacy Policy. TIGI reserves the right to modify TIGI’s Privacy Policy at any time, in its sole discretion To stop receiving marketing emails, you can opt-out by clicking the unsubscribe link in those emails. 

Please note that you may incur usage charges or other fees or costs in accordance with your wireless or data service plan when using the Internet to access the TIGI Platform, and in connection with any e-mails, texts or calls that you may receive from TIGI. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the TIGI Platform.

 

  1. INTELLECTUAL PROPERTY LICENSE AND RESTRICTIONS 

The TIGI Platform is owned and operated by TIGI and contains materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, artwork and other graphic materials, and names, logos, trademarks and service marks) that are derived in whole or in part from materials supplied by TIGI and are protected by copyright, trademark and other intellectual property laws. Except as stated in this agreement, all content and software provided through the TIGI Platform are licensed non-exclusively and revocably to you for your personal, private, non-transferable, non-commercial, limited use strictly as necessary to access the TIGI Platform, to the extent such use does not violate these Terms and Conditions. All intellectual property rights subsisting in the TIGI Platform, including all software, data, and content subsisting in or used in connection with the TIGI Platform, and access to content and hardware used in connection with the TIGI Platform (collectively defined as "Property"), belong to TIGI and no TIGI Platform user shall have the right to use any TIGI Property without TIGI’s express prior written consent. This license and all use or access to Property is expressly conditioned on your compliance with these Terms and Conditions, TIGI Platform policies, TIGI policies any other applicable agreements, and all applicable copyright and intellectual property rights laws.

 

  1. LINKS TO THIRD-PARTY SITES 

We may include links to third-party websites that let you leave the TIGI Platform. These linked sites are not under the control of TIGI, and TIGI is not responsible for the contents of any linked site or any link contained in a linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TIGI. Your use of the third-party website may be subject to that third party’s terms and conditions. YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

 

  1. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY/INDEMNIFICATION 

No warranty is given about the quality, functionality, availability or performance of the TIGI Platform, or any content or service offered on or through the TIGI Platform. Except where prohibited by law, all services and all information, content and materials (including other software) included in or otherwise made available to you through the TIGI Platform are provided "AS IS" and "AS AVAILABLE" with all faults. OTHER THAN AS REQUIRED BY LAW, TIGI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE TIGI PLATFORM, OR THE INFORMATION, CONTENT OR MATERIALS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE TIGI PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. SPECIFICALLY, BUT WITHOUT LIMITATION, TIGI DOES NOT WARRANT THAT (I) THE INFORMATION AVAILABLE ON THE TIGI PLATFORM IS FREE OF ERRORS; (II) THE FUNCTIONS OR FEATURES (INCLUDING, BUT NOT LIMITED TO, MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (III) DEFECTS WILL BE CORRECTED; OR (IV) THE TIGI PLATFORM OR THE SERVERS THAT MAKE THE TIGI PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE TIGI PLATFORM IS AT YOUR SOLE RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

In addition to the limitations of liability of these Terms and Conditions, TIGI expressly disclaims any implied warranty of merchantability, warranty of fitness for a particular purpose and warranty of non-infringement. TIGI assumes no liability for any inability to purchase, access, download or use any content, data or service in connection with the TIGI Platform. TIGI EXCLUDES, AND SHALL NOT BE LIABLE FOR, ANY LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF USING, ACCESSING, OR PURCHASING PRODUCTS FROM THE TIGI PLATFORM. UNLESS THIS PROVISION IS UNENFORCEABLE IN YOUR JURISDICTION, THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to know exists in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” This release includes the criminal acts of others.

As a condition of the use of the TIGI Platform, you agree to defend, indemnify and hold harmless TIGI from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms and Conditions, or other unauthorized use of the TIGI Platform, as set forth herein and in any other TIGI Platform, TIGI Policies or any TIGI policies, by you.

Certain opinions, advice, statements, or other information may be made available by third parties through or in connection with the TIGI Platform (“Third-Party Content”). This Third-Party Content belongs to the respective authors or providers of the applicable Third-Party Content and these authors and providers are solely responsible for the Third-Party Content they provide in connection with the TIGI Platform. TIGI DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON TIGI PLATFORM; OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE BY A THIRD-PARTY AS PART OF ANY THIRD-PARTY CONTENT. UNDER NO CIRCUMSTANCES WILL TIGI BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD-PARTY CONTENT POSTED ON THE TIGI PLATFORM OR TRANSMITTED TO OR BY ANY THIRD-PARTY IN CONNECTION WITH THE TIGI PLATFORM.

YOU ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY/INDEMNIFICATION” LANGUAGE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. YOU EXPRESSLY AGREE TO UNCONDITIONALLY RELEASE AND DISCHARGE TIGI FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY INCLUDING, BUT NOT LIMITED T0 FOR PERSONAL INJURY, PROPERTY DAMAGE, DEATH, TEMPORARY OR PERMANENT DISABILITY, LOSS OF SERVICES, LOSS OF CONSORTIUM OR LOSS OF PRIVACY.

 

  1. GOVERNING LAW AND JURISDICTION 

The laws of the State of New York, without regard to conflict-of-law rules, govern this agreement and any dispute between you and TIGI. Any dispute not subject to arbitration and not initiated in small claims court may be brought by either party in a court of competent jurisdiction in either the New York state or federal courts, as applicable, located in New York County. Each party submits itself to the exclusive jurisdiction and venue of those courts, and waives all jurisdictional, venue and inconvenient forum objections to those courts. In any litigation to enforce any part of this agreement, all costs and fees, including attorneys’ fees, will be paid by the non-prevailing party.

 

  1. DISPUTES/BINDING INDIVIDUAL ARBITRATION 

Purpose. The term "Dispute" means any dispute, claim, or controversy between you and TIGI relating in any way to your use of TIGI Platform or your purchase of any products sold or distributed through the TIGI Platform, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with TIGI that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and TIGI agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury. 

EXCLUSIONS FROM ARBITRATION. YOU AND TIGI AGREE THAT ANY CLAIMS FILED BY YOU OR TIGI IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. 

Notice of Dispute. IF YOU HAVE A DISPUTE WITH TIGI, YOU MUST SEND WRITTEN NOTICE THE ADDRESS SET FORTH BELOW, TO GIVE TIGI THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If TIGI does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or TIGI may pursue your claim in arbitration pursuant to the terms in this section. 

Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND TIGI SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW. 

Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or TIGI elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties. 

Arbitration Procedures. Because the software and/or service provided to you by TIGI may concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with TIGI, if the arbitrator finds that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to TIGI or you. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. 

Location of Arbitration. You or TIGI may initiate arbitration in either New York County, New York or the United States county in which you reside. In the event that you select the county of your United States residence, TIGI may transfer the arbitration to New York County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator. 

Severability. If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the entire section will be unenforceable, and the Dispute will be decided by a court and you and TIGI each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury. 

Continuation. This section survives any termination of these Terms and Conditions or the provision of TIGI Platform services to you.

 

  1. GENERAL LEGAL 

These Terms and Conditions inure to the benefit of the parties, including any of our successors in interest. These Terms and Conditions (including the Privacy Policy) constitute the entire agreement between you and TIGI and supersede any prior agreements between you and TIGI on the subject matter, except as provided herein. These Terms and Conditions, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms and Conditions, and any rights or licenses granted hereunder, may be assigned or delegated by TIGI without restriction. These Terms and Conditions may only be modified in a writing signed by an authorized representative of TIGI and may not be modified by an oral statement by a representative of TIGI. Under no circumstances shall TIGI be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control including, but not limited to, acts of God; war; terrorism; riots; fire; floods; accidents; strikes; a state of emergency (declared or threatened) affecting services provided by the TIGI Platform or any event or circumstance which puts at risk or endangers the safety or security of TIGI’s employees or subcontractors, including any public violence, disorder or demonstration (actual or threatened); any epidemic, pandemic, widespread outbreak of any virus, pathogen or other disease or illness or public health crises which affects the TIGI Platform or TIGI or its employee’s or subcontractors’ ability to perform the services hereunder or which puts at risk or endangers the health of TIGI’s employees or subcontractors or the public at large in the location(s) where the services are provided;  or shortages of transportation facilities, fuel, energy, labor or materials. Should TIGI fail to insist that you perform any obligations under these Terms and Conditions, or if TIGI does not enforce its rights against you, or if TIGI delays in doing so, it will not mean that TIGI has waived such rights and will not mean that you do not have to comply with your obligations. If TIGI does waive a failure or breach by you, we will only do so in writing and that will not mean that we automatically waive any future failure of breach by you. You agree that, except as otherwise set forth here, there shall be no third-party beneficiaries to these Terms and Conditions. No agency, partnership, joint-venture or employee-employer relationship is intended or created by these Terms and Conditions. You agree that any agreements made by and between you and TIGI in electronic form are as legally binding as if made in physical written form. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Any provision of these Terms and Conditions that by its nature is reasonably intended to survive beyond termination of these Terms and Conditions shall survive. If any clause within these Terms and Conditions is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect.

All notices, demands, claims, requests, consents, or other communications under these Terms and Conditions will be given in writing and will be deemed to have been properly delivered and received: (i) if sent by email with a pdf attachment containing the notice, request or other communication, when the recipient, by reply email, acknowledges having received the notice (with a “bounce-back”, “read receipt” or other automated response not constituting acknowledgement for purposes of this paragraph); or (ii) if sent by registered, certified or first class mail, on the third business day after being sent.

If you would like to send a notice to TIGI, please send to:

Conopco, Inc. dba Unilever

c/o: General Counsel

700 Sylvan Avenue

Englewood Cliffs, NJ 07632

With an electronic copy to: legalnotices.us@unilever.com 

For further information or if you have questions, please contact insidersupport@tigi.com

Promoter and data controller: Unilever USA, 700 Sylvan Ave, Englewood Cliffs, NJ 07632.

Distributed by: Unilever USA, 700 Sylvan Ave, Englewood Cliffs, NJ 07632