Terms

Welcome to Tahnyc.com (this "Website") owned and operated by tahnyc. Please review the following terms and conditions before using this Website. Your use of this Website indicates that you have read, understood and agree to these terms of use ("Terms").

Use of this Website
Throughout the Website, the terms “we,” “us” and “our” refer to tahnyc. tahnyc offers you access to and use of this Website conditioned upon your acceptance of these Terms of Use. These Terms may be modified from time to time without notice to you, apply to all visitors, or users of, and members of this Website. For this reason, we encourage you to review these Terms of Use form time to time as they are binding on you. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to this Website. By using this Website, following any modifications to the Terms, you agree to be bound by such modifications. If you do not accept these Terms please do not use this Website.

You are responsible for obtaining access to this Website, and updating and correcting the information you have provided on this Website, as appropriate. You represent that all of the information, data and other materials you provide on this Website or to tahnyc through any other means are true, accurate, current and complete.

Proprietary Rights
All Contents and Design of this Website including but not limited to, text, images, logos, graphics, photographs, artwork, designs, buttons, navigation and interface, its software and code, the selection and arrangement there of, scripts, video, written and other materials, that appear as part of this Website ("Materials"), are sole property of tahnyc, its suppliers, partners, or licensors and are protected by U.S. copyright laws and other U.S. and international laws and treaties.

No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way.

All Content available through this Website and provided by tahnyc is granted under limited license to its current and prospective customers and may be used only for personal (that is, for the purchase of our merchandise) use. We may terminate your access or use of this Website at any time, for any reason or no reason and without prior notice to you. This limited license is subject to the following restrictions:

(a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Website, any of the Contents, or any related software;
(b) you may not access or use this Website for any competitive or commercial purpose;
(c) you may not upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
(d) you many not use any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from this Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or
(e) any action that imposes or may impose (in tahnyc'’s sole discretion) an unreasonable or disproportionately large load on tahnyc’'s infrastructure, or damage or interfere with the proper working of our infrastructure.

Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of the Content is prohibited. tahnyc may revoke this limited license at any time for any or no reason. Any unauthorized use of tahnyc, such as framing, inline linking or other association with content or information not originating from the tahnyc Website is not permitted. tahnyc will aggressively enforce its intellectual property rights to the fullest extent of the law. Termination of your access or use will not waive or affect any other right or relief to which tahnyc may be entitled, at law or in equity.

Privacy
We encourage you to review our Privacy Policy as it applies to the collection, use, disclosure and other processing of personal information on this Website. You may find it at https://www.tahnyc.com/pages/privacy-policy You consent to any personal information we obtain about you (either via this Website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy. From time to time we may update our Privacy Policy and post the updated version at the link above, we encourage you to review these changes as they are bounding on you.

Communications and Feedback
Except for information necessary to place an order, all comments, feedback, suggestions, ideas, and other communications (collectively, "Communications") submitted or offered to tahnyc will be deemed non-confidential, and shall be the property of tahnyc, including worldwide rights in all intellectual properties.

You acknowledge that you are responsible for any content you may submit through the Website, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Website any content that:

  1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
  2. may contain software viruses or malware;
  3. contains advertisements or solicitations of any kind, or other commercial content;
  4. is designed to impersonate others;
  5. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
  6. contains messages by non-spokesperson employees of tahnyc purporting to speak on behalf of tahnyc or containing confidential information or expressing opinions concerning tahnyc;
  7. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
  8. contains multiple messages placed within individual folders by the same user restating the same point;
  9. contains chain letters of any kind; or
  10. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Website to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Website to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.

    Links to Third Party Sites
    tahnyc.com may contain links to websites operated by other third parties. We do not endorse or assume any responsibility for these websites. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. We have no control over, or responsibility for, their content, information or activities.

    Errors and Inaccuracies
    From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors or omissions, and to change or update information at any time (including after you have submitted your order). We may void any purchases that display an inaccurate price.

    Disclaimer of Liability
    This Website, and all Content available on this Website, are provided "as is." Except as otherwise provided under applicable laws, we and our affiliates will not be liable for any damages whatsoever arising out of or related to the use of this Website.

    YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND.

    WE DO NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE WEBSITE.

    Risk of Loss
    The items purchased from our Website are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items may pass to you upon our delivery to the carrier.

    Indemnification
    You agree to defend, indemnify and hold tahnyc and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim (including without imitation, claims made by third parties for infringement of intellectual property rights) by a third party that arises in connection with (1) your use or misuse of this Website; (2) your User Content; (3) your breach of the Terms of Use; or (4) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website.

    LIMITATION OF LIABILITY
    IN NO EVENT SHALL tahnyc, ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUBSIDIARIES, DIVISIONS, SUCCESSORS, SUPPLIERS, DISTRIBUTORS, CONTRACTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR OTHERWISE, EVEN IF tahnyc HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF tahnyc OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEBSITE WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT YOU PAID tahnyc IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR EDIT GIVING RISE TO SUCH LIABILITY OR IF YOU HAVE NOT PAID, $100. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL tahnyc OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS WEBSITE HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF tahnyc.

    You hereby acknowledge that the preceding paragraph shall apply to all content, merchandise and services available through the Website.

    Applicable Law
    By visiting our Website, you agree that the laws of the State of Illinois will govern these Terms of Use and any dispute of any sort that might arise, without regard to principles of conflict of law. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with tahnyc relating in any way to your use of the Website resides in the state and federal courts of Chicago, Illinois. In addition, you expressly waive any right to a jury trial in any legal proceeding against tahnyc, its parent, subsidiaries, divisions, or affiliates or their respective officers, directors, employees, agents, or successors under or related to these Terms. Any claim or cause of action you have with respect to use of this Website must be commenced within one (1) year after the claim arises.

    Force Majeure
    tahnyc shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of tahnyc. In the event that tahnyc is temporarily unable to ship to you a purchased item because of such an event, tahnyc will give you the option of deferring shipment or receiving a refund of your charges.

    General Information
    The Terms constitute the entire agreement between you and tahnyc and govern your use of this Website, superseding any prior agreements between you and tahnyc. You also may be subject to additional terms and conditions that are applicable to certain parts of this Website.

    You agree that no joint venture, partnership, employment, or agency relationship exists between tahnyc and you as a result of this Agreement or your use of this Website.

    Any claim or cause of action you may have with respect to tahnyc or this Website must be commenced within one (1) year after the claim or cause of action arose.

    Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

    You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

    The Terms inure to the benefit of tahnyc'’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.

    Contacting Us
    If you have any questions or concerns about these Terms of Use or this Website, or to provide any notice under this Agreement to us please write to hello@tahnyc.com

    tahnyc
    Attn: Legal Department
    105 Townline Rd. Suite 165
    Vernon Hills, IL 60061

    Effective Date: February 23, 2017