TOBIA - Made in Italy

Terms & Conditions

Thank you for visiting our Web Site. Please read the following terms and conditions carefully before continuing to use this Web Site, as they govern the use and access to this Web Site.

Your use of this Web Site is governed by the following terms of use (“Terms”). If you do not agree with all of these Terms, please exit this Web Site. By using the Web Site, you are agreeing to comply with all of these Terms, and to be bound by them for the entire duration of your use of the Web Site, including the Privacy Policy, when you provide information in connection with making an appointment with a TobiaStyle, Inc. (“TOBIA”) Personal Clothier on this Web Site. TOBIA reserves the right to, from time to time, change these Terms at its sole discretion. By using this Web Site after any such change, you agree to comply with, and be bound by, the Terms as changed.

Copyright, Trademark and Other Intellectual Property Protection.

This Web Site as a whole, and all materials on this Site, including graphics, photos, logos, seals, and other depictions, as well as all text contained herein may be protected by copyright and other intellectual property rights, either by TOBIA directly, or by third parties who have authorized TOBIA to display them.

Submissions.

You agree that any and all suggestions, designs, concepts, photographs, testimonials, and other items or materials (except for your personal information) disclosed or submitted to TOBIA through this Web Site or by other means (“Submissions”) are neither confidential nor proprietary to you. All submissions become TOBIA’s property upon submission to us. By making such a Submission, you assign all rights, title and interests, including copyrights, in the Submission to TOBIA. You recognize that TOBIA has no obligation (i) to keep any Submission confidential; (ii) to pay you or anyone any compensation for any Submission or for using a Submission; or (iii) to respond to or acknowledge any Submission. You represent and warrant that no Submission you make will violate any right of any third party, including, but not limited to, copyright, trademark, patent, trade secret, privacy or other personal or proprietary right. By making a Submission, you agree that TOBIA has the right, but not the obligation, to copy, publish, distribute or use such Submission for any purpose, including, but not limited to, advertising, promotional, product development or other commercial purposes, without compensation to you or to any other person. You are and shall remain solely responsible for the content of any Submission you make.

Links.

This Site may contain links to other websites. TOBIA is not responsible for the availability of, or any content or material contained in, or obtained through, any such sites. TOBIA does not, by linking to another site, or by making reference to any third-party information, products or services, endorse those sites or materials. Any questions or comments relating to any other site should be addressed to the operator of those sites. No linking to this website is permitted without TOBIA’s prior written permission.

Disclaimer.

Material in this Web Site may contain inaccuracies or typographical errors. TOBIA and its webmaster are not liable or responsible for any inaccuracies or errors, or for any loss or damage caused by or arising from any user’s reliance on information obtained from or through this Web Site. It is your responsibility to evaluate the information and other content available through this Web Site. This Web Site and the information and materials contained in this Web Site are subject to change at any time, and from time to time, without prior or subsequent notice. You are cautioned to periodically review the Terms of use of this Web Site to ensure you are fully informed regarding any changes to them.

No Warranties.

The Web Site and all contents hereof are offered and provided on an “as is” and “as available” basis. TOBIA makes no representations or warranties of any kind, express or implied, including, but not limited to, warranties of title or freedom from malicious programs (such as viruses, etc.) and expressly disclaims any an all representations and warranties. TOBIA cannot and does not represent or warrant that the information contained in this Web Site is accurate, complete or up-to-date, that this site is free of defects or that any defects will be remedied. You agree, by using this Web Site, that your use of same is at your sole risk, that you assume all risks and take full responsibility for all loss of use, loss of data and costs associated with all necessary servicing or repairs of any equipment and/or software that you use in connection with this Web Site, and that TOBIA shall not be responsible or liable for any damages of any kind whatsoever arising out of, caused by or related to your use of this Web Site. Where applicable law does not allow the exclusion of implied warranties, some or all of the foregoing disclaimers of warranty may not apply.

Limitation of Liability and Indemnity.

In no event shall TOBIA be liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any other damages whatsoever, even if TOBIA has been previously advised of the possibility of such damages, whether in an action under contract, tort or under any other theory, arising out of or in connection with the use, inability to use, or performance of the information, products and materials on this site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some or all of the above limitations may not apply. You agree to defend, indemnify and hold harmless TOBIA, its affiliates and their officers, directors, employees and shareholders from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, reasonable attorneys’ fees and court costs, arising from or related to your use of this Web Site.

Copyright.

All materials on this Web Site may be protected by copyrights, trademarks and/or other intellectual property rights. These materials are owned by either TOBIA or its subsidiaries or affiliates, or by third parties, which are displayed on this Web Site with the express written permission of their owners. Such materials include, but are not limited to, the photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Web Site. All rights are reserved, worldwide. The name and mark of TOBIA, and its logos, and all other TOBIA-related marks depicted in this Web Site, whether registered or unregistered, are trademarks or service marks of TOBIA, both in the United States of America, Italy, and other jurisdictions.

Privacy Policy.

TOBIA recognizes the importance of protecting the privacy of personal and financial information. We have instituted reasonable policies and security measures to protect the information you provide to us. When you use this Web Site to request an appointment with a TOBIA Personal Clothier or to subscribe to our newsletter or blog, you give us your consent to process and use such submitted personal data in accordance with this privacy policy. This privacy policy applies to all protected personal information collected, maintained or used by TOBIA. TOBIA collects only the personal or business data from visitors to the website who register their information by submitting same in some form. The Web Site may use cookies and/or track IP addresses so that it can improve the Web Site. TOBIA does not distribute any such information to third parties, nor is any such information made publicly known by TOBIA. Information submitted is only used for internal TOBIA purposes, however, this information may become known by other TOBIA member organizations. TOBIA does not knowingly collect personally identifiable information from anyone under the age of eighteen, and a condition of the use of this Web Site is that you represent to TOBIA that you are a person over the age of 18 years old. If you give us your information, whether personal or business, TOBIA may use this information to keep you informed of our special events or promotions. We will send you announcements or communications by email only if you give us your permission to do so by either giving the appropriate consent or by submitting your email address to us on this Web Site. TOBIA does not sell, rent or disclose our member’s names, addresses, email addresses or other personal information to any non-member of TOBIA. Further, in order to maintain our website, to manage our database, to distribute e-mails and to provide client communications, TOBIA may contract with selected third parties. As necessary, the information you provide to us may be processed by these third parties, solely on TOBIA’s behalf but we do not authorize any of these service providers to make any other use of your information. We do not otherwise disclose your information to third parties, unless we are required to do so by law or in connection with a legal claim or proceeding. Moreover, this Policy pertains to any data that may be reasonably ascertained and collected solely by your browsing to our website.

Security.

TOBIA uses appropriate security measures to protect the information you provide to us. However, while we take reasonable steps to protect this personal information from unauthorized access, use or disclosure, you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and will not hold us responsible for any breach of security unless this breach is due to our negligence. You are entitled to request access to and correction of all data you provide us, and may do so by contacting TOBIA. See the “Contact Us” tab of the Web Site.

About Cookies.

Cookies are pieces of information a web site can send to your computer’s browser for record-keeping purposes. We may cookies to ascertain which web pages are visited and how often, to make our web site more user friendly, and to give you a better experience when you return to the website. Many web browsers automatically accept cookies, but you do not have to accept them. To disable cookies, you should access the “help” tab on your browser or read the information that came with your browser software. If you do not disable your cookies, you accept our collection and storage of any of your personal information such cookies contain.

Acceptance of Privacy Policy.

By accessing and using TOBIA website, you consent to our collection, use and disclosure of any information collected or provided as described in this privacy policy. TOBIA reserves the right occasionally to make changes to our privacy policy or practices. No further notices shall be published regarding said prospective changes but will be simply updated as circumstances arise. These Terms and your use of this Web Site shall be governed by the laws of the State of New York and any dispute arising from such use shall be exclusively adjudicated, litigated or otherwise brought in a Court of competent jurisdiction in the County, City, and State of New York.

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