Terms of Service

Welcome to Tie Society. We are an online subscription service, providing our members with access to neckwear, cuff links and clothing apparel (“items”), mailed to their business or residence. We’ve put together here some detailed terms and conditions. You should read and understand them as they are the legal contract that governs your use of our service.

These Terms of Service, however, are also a resource for you to get a deeper understanding of how our service works, including the kinds of data we collect, the way we bill, how we interact with you and other useful details about our service. We encourage you to revisit these Terms of Service when you have a question about the service or want to know how something works. For your convenience, we’ve indexed the Terms of Service so as to help you more easily navigate and access areas of interest. We hope you enjoy your Tie Society experience.

Please note that hyperlinks embedded in these Terms of Service may only be accessed through our website, so if you are reviewing these Terms of Service through certain hand held devices, such as cellular telephones, you may need to visit the website to review these additional hyperlinked terms.

Acceptance of Terms of Service

These Terms of Service govern your use of the Tie Society service, including all features and functionalities, item rentals, our website and user interfaces, and all content and software associated therewith (the “Tie Society service” or “service”). By using, visiting, or browsing the Tie Society 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 Tie Society service, including our website and user interfaces.
 

These Terms of Service are an ongoing contract between you and Wear By Mail, LLC. and apply to your use of the Tie Society service as made available in the U.S. They affect your rights and you should read them carefully. Different terms, conditions and limitations may apply to the Tie Society service available in other jurisdictions.
 

Changes to Terms of Service
 

Tie Society 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 Tie Society website. The most current version of the Terms of Service will supersede all previous versions.
 

Privacy and Communications Preferences

Any personally identifying information submitted through the Tie Society service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. By agreeing to these Terms of Service, you are consenting to receive certain communications from us. For example, Tie Society may send you newsletters about new Tie Society features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive the newsletters, other promotional announcements or non-transactional communications, simply email contact@tiesociety.com with the subject "Unsubscribe from Mailing List". Please review our Privacy Policy for further detail on our marketing communications. You can also find the unsubscribe instructions there.
 

Membership and Billing

You can find the specific details regarding your membership with Tie Society at anytime by visiting our website and clicking on the "My Profile" link.
 

Free Trials

Your Tie Society membership may start with a free trial. The free trial period of your membership lasts for two weeks, or as otherwise specified during sign-up. To view the specific details regarding your free trial, if any, visit our website and click on the "My Profile" link located at the top of the page and click "View Account Information." Free trials may not be combined with any other offers. If you or another member of your household has been a Tie Society member within the last 12 months, you are not eligible to receive a free trial. You must have Internet access and a valid Payment Method to use our service.
 

We will begin billing your Payment Method for monthly membership fees corresponding to your membership plan plus any applicable tax at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership plan, including price and end date of your free trial period, visit our website and click the "View Account Information" link on the "My Profile" page. Your Payment Method will be authorized for up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial period. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE TRIAL PERIOD, THERE WILL BE NO CHARGES TO YOUR PAYMENT METHOD. CLICK THE "MY PROFILE" LINK AT THE TOP OF ANY TIE SOCIETY WEB AND CLICK "CANCEL ACCOUNT" FOR CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime.
 

We may offer a number of membership plans, including special promotional plans or memberships with different limitations. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).
 

Billing

By starting your Tie Society membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the Tie Society service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). Additional charges may include premium-quality product access, Gift Subscription purchases you make, damage to items while leased to you, items you fail to return or service level changes you request. Please note that prices and charges are subject to change without notice. As used in these Terms of Service, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The membership fee will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. Visit our website and click on the "View Account Information" link on the "My Profile" page to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership charges are fully earned upon payment. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and charges for lost items or items not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. If you are eligible, and have signed up for a free trial, your Payment Method will be authorized for up to approximately one month of service; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial portion. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount, bonus item or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "My Profile" button, available at the top of the pages of the Tie Society website. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
 

Ongoing Membership

Your Tie Society membership, which may start with a free trial portion, will continue in effect 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.
 

Cancellation

You may cancel your Tie Society membership at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-PERIOD MEMBERSHIP PERIODS OR UNUSED ITEMS. To cancel your membership, visit our website and click the words "Cancel Account" on the "My Profile" page and follow the instructions for cancellation under the heading "Cancel Account." Upon cancellation, you are given 10 business days to return any outstanding items. Failure to return such items will result in your Payment Method being billed for such items.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
 

How Our Service Works

Tie Society is an online subscription rental service providing its members with access to neckwear, cuff links and clothing apparel (“items”), mailed to member's business or residence. We offer a variety of membership plans at varying price levels, including special promotional plans or memberships with limitations on the number of items rentable during a period. To view the details of your specific membership plan, click the "View Account Information" link on the "My Profile" page.

We reserve the right in our sole discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Service.

We do not warrant that any of the software used and or licensed in connection with our service will be compatible with other third party software nor do we warrant that operation of our service and the associated software will not damage or disrupt other software or hardware. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Tie Society service. Any issues related to our service, including any system requirements, are covered and limited by these Terms of Service. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Service.

 

Neckwear, Cuff Link and Clothing Apparel Rentals

Under Neckwear, Cufflink and Clothing Apparel plans, members select neck ties, cuff links and clothing apparel on our website, receive them by U.S. mail and return them using prepaid mailers, with no due dates or late fees. After a item is returned, we mail the next available item.
 

The Number of Items You Can Rent: We provide a number of different membership plans to accommodate a variety of fashion variety preferences. Click on the "My Profile" link, located at the top of the pages of the Tie Society website and see "Change Your Current Subscription Plan" for details on the various plans we offer. To view your current plan and other details, click on "View Account Information" on the "My Profile" page. You may modify your plan by clicking on the “Change Your Current Subscription Plan” link on the "My Profile" page.
 

Delivery Speed: We utilize the U.S. Postal Service to send and receive items you have selected to rent. Based on performance data from the U.S. Postal Service and our own analysis, we have determined that the large majority of our members are able to receive their items in about two to three business days following our shipment of the requested items from our distribution center. The delivery times you encounter will vary based on a number of factors (See "Allocation, Delivery and Return of Rented Items" below). 

No Due Dates or Late Fees: Provided you continue to be a paying member of our service, you may keep the items delivered to you as long as you like. We do not impose any required return dates (other than upon cancellation of the service). Given that we have no required return dates, we do not charge any late fees. You are required to return the items within 10 business days following any cancellation of the service or be subject to charge for unreturned items. Also, you may be charged for items that you lose. You hereby authorize us to charge your Payment Method for any lost item(s).
 

Your Closet: Items that you select to rent are placed into Your Online Closet. You may add neckwear and cuff links or adjust the Online Closet at anytime. Click the "Closet" link to make adjustments, review requested items or to see which items you currently have out ("Currently Wearing"). We determine which items to send you based on the items in your Online Closet and the priority in which you have listed them. We endeavor to ship to you the items listed highest in your Closet; however when availability is limited, we may ship you items lower on your Closet. At the time a item is added to your Online Closet, we let you know of its availability. At present, a message indicating availability as "Availabile" or "Unavailable" appears as you have selected an item, and it also is stated in your Online Closet so you can monitor availability. The availability you experience may vary based on a number of factors (See "Allocation, Delivery and Return of Rented items" below). Adjustments made to your Online Closet may not immediately impact your next shipment. In certain instances you may have adjusted your Online Closet before you have received a shipment message when in fact a shipment was already processed. The adjustments will, however, impact subsequent shipments.
 

Allocation, Delivery and Return of Rented Items: We reserve the right to process orders and otherwise allocate and ship items among our members in any manner that we, in our sole and absolute discretion, determine. In addition, we will, in our sole and absolute discretion, determine the quantity of items we purchase for any Item, their location within our distribution network and the level of staffing and number of shipments to be processed at each distribution center. As a result of the operational practices described in this section, we may not always send you the top choices from your Online Closet, ship out your next item on the same day that we receive one from you, or process orders from your local distribution center.
 

At present, our goal is to ship you the items listed highest in your Online Closet. Generally, on the same day that we receive an item from you, we ship the next available item from your Online Closet. In certain instances, your next available item will not ship until at least one business day following our receipt of your returned item.
 

In determining priority for shipping and inventory allocation, we may utilize many different factors, including the number and type of Items you rent through our service, the membership plan you select, as well as other uses of our service by you. The type, number, mix and weighting of the various factors impacting shipping and inventory allocation will change from time to time and will be made in our sole and absolute discretion. As a result of your selection habits and our operational practices, the actual number of items you rent in any month may vary, and you may experience differentiated service during the course of your membership. Also, such service may be different from the service we provide to other members on the same membership plan. The type of differentiated service you may experience includes, (i) the shipment of your next available item occurring at least one business day following return of your previously viewed item, (ii) delivery taking longer, as the shipments may not be sent from your local distribution center and (iii) the items you receive coming from lower in your Online Closet more often than our other members. These effects will not occur unless we are faced with limited inventory or when the number of shipments to be processed on that day is exceeded.
 

Other factors that may affect delivery times, include, but are not limited to, (i) the distance between the distribution center from which your item was shipped and your delivery address, (ii) the timing of your placement or adjustment of items in your Online Closet, (iii) circumstances impacting delivery by the U.S. Postal Service, and (iv) any unplanned downtime of our computer systems.
 

We receive mail from the U.S. Postal Service and process returns Monday through Saturday, except Holidays. Generally all of the returns are processed on the same day received. We make no guaranty as to the shipping and delivery of items and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our members, provide a great value to all our members.
 

Premium Quality Products

We offer a number of items in high-end quality, items with an MSRP of $75 or more.  Premium quality items occupy additional slots in member's Online Closets. The number of slots a premium item occupies will be listed in that item's product description. When you add premium quality items, the allocation, delivery and return of premium quality items is governed by the "Allocation, Delivery and Return of Rented Items" above
 

Passwords

The member who created the Tie Society account and whose Payment Method is charged is referred to here as the "Account Owner". The Account Owner has access and control over the Tie Society account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Tie Society Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the last four digits of their credit or debit card associated with their account, or their email address if they use PayPal as their payment method.
 

BY SHARING THE TIE SOCIETY SERVICE PASSWORD, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
 

Applications

You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Tie Society service. These Applications may import data related to your Tie Society account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Tie Society 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 Tie Society account. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your Tie Society 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 Tie Society has not provided such information; and (iii) your USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK, and you will hold Tie Society harmless for the sharing of information relating to your Tie Society 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 Tie Society 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 Tie Society 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 be appear to be associated with or sponsored by Tie Society. While these Applications may utilize Tie Society 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 Tie Society, unless otherwise indicated by Tie Society. TIE SOCIETY DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.
 

Account Access; Identity Protection

In order to provide you with ease of access to your account and to help administer the Tie Society service, Tie Society implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Tie Society service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
 

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or mobile device, you should logout and/or deactivate the device before doing so. If you fail to log out or deactivate your device, subsequent users may be able to access certain of your account information.
 

If you find that you're a victim of identity theft and it involves a Tie Society account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any emails requesting that you submit credit card or other account information. These types of emails, also known as phishing emails, can result in identity theft. Always access your sensitive account information by going directly to the Tie Society website and not through a hyperlink in an email, even if it looks official. Tie Society reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Tie Society is not obligated to credit or discount a membership for holds placed on the account by either a representative of Tie Society or by the automated processes of Tie Society.
 

Disclaimers of Warranties and Limitations on Liability

THE TIE SOCIETY SERVICE, INCLUDING THE NECKWEAR AND CUFF LINKS, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TIE SOCIETY SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE TIE SOCIETY SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. TIE SOCIETY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE TIE SOCIETY SERVICE, INCLUDING SHIPMENT OF ITEMS AND USE OF OUR SOFTWARE OR FUNCTIONALITIES, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT TIE SOCIETY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE TIE SOCIETY SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. TIE SOCIETY SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND TIE SOCIETY SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) content contained on or defects with fashion items from the Tie Society service, including damage or defects occurring or caused during shipment; (ii) errors or omissions in the content delivered by the Tie Society service or on the Tie Society website or user interfaces; (iii) recommendations or advice of Customer Service; (iv) any failures, mis-shipments, delays, or interruptions in the shipment of items; (v) any failure or interruption in the availability of the Tie Society service and/or website or user interfaces; (vi) delivery and or display of any content contained on the Tie Society website, user interfaces, or otherwise through the Tie Society service, including any items; and (vii) any losses or damages arising from the use of the content provided on the Tie Society website, user interfaces, or otherwise through the Tie Society service itself, including any losses or damages arising from items and/or downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service, or any conduct by users of the Tie Society service, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the Tie Society service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon Tie Society or its affiliated parties.
 

IN NO EVENT SHALL TIE SOCIETY, OR ITS SUBSIDIARIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE TIE SOCIETY SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE TIE SOCIETY SERVICE, ANY DVD, TIE SOCIETY SOFTWARE OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE TIE SOCIETY SERVICE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE ANY DVD, THE TIE SOCIETY SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH'S MEMBERSHIP FEE ON YOUR MEMBERSHIP PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
 

Intellectual Property

Copyright

The Tie Society service, including all content included on the Tie Society 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 Tie Society or its suppliers 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 Tie Society on our website and user interfaces, or in connection with the Tie Society service are the exclusive property of Tie Society and its licensors and are protected by the copyright and trade secret laws in the territories in which the Tie Society service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from Tie Society or its suppliers. You agree not to decompile, reverse engineer or disassemble any software) or other products or processes accessible through the Tie Society service, not to insert any code or product or manipulate the content of the Tie Society service in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Tie Society reserves the right to terminate your membership hereunder if Tie Society, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations including the Tie Society 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 Tie Society service, including any on the Tie Society website or user interfaces.
 

Trademarks

Tie Society is a registered trademark of Tie Society. The Tie Society logo and Tie Society.com are trademarks or service marks of Tie Society. The Tie Society website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Wear By Mail LLC. The trademarks, service marks and trade dress of Tie Society may not be used or reproduced without prior written approval from Tie Society and may not be used in connection with any product or service that is not affiliated with Tie Society, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Tie Society, or in any manner that disparages or discredits Tie Society. The Sonic Eagle and Mailbox logos are trademarks of the U.S. Postal Service and are used only with the permission of the U.S. Postal Service (the U.S. Postal Service is not affiliated with, connected to, sponsored by, or a sponsor of, Tie Society.) Other trademarks that appear on the Tie Society website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tie Society. Any images of persons or personalities contained on the Tie Society website and user interfaces are not an indication or endorsement of Tie Society or any particular product or our service unless otherwise indicated.
 

Service Content

We distribute neckwear, cuff links, and other fashion accessories and we reserve the right to display and promote the designers and brand names or other information through our service, including our website and user interfaces, to you in any manner we choose in our sole and absolute discretion. Under no circumstances shall Tie Society, or its shareholders, directors, officers, directors, or employees or Licensors be held liable for any loss or damage caused by your reliance on information obtained through the Tie Society service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Tie Society service.
 

Use of Information Submitted

Tie Society is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Tie Society service, including the Tie Society website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Tie Society service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.
 

Please note Tie Society does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Tie Society. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Tie Society and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
 

Occasionally we are able to identify personal neckwear, cuff links, or other items inadvertently submitted to us as part of our rental return process. In such instances, we may attempt to return the item to the sender. However, it may not always be possible for us to identify and return your personal items. In addition, on rare occasions, these personal neckwear, cuff links or other items are re-transmitted inadvertently to members during our normal shipping and receiving operations. We disclaim any responsibility for and you hereby expressly release us from any liability arising from any re-transmission, including both the shipment and receipt of such items, or failure to return personal items inadvertently submitted to Tie Society. We encourage you to be careful in returning items to us in our postage paid envelopes.
 

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of neckwear, cuff links, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
 

Electronic Communications

By using the Tie Society service, you consent to receiving electronic communications from Tie Society. These communications will include notices about your account (e.g., shipping and receiving, password change confirmation e-mails and other transactional information) and information concerning or related to our service, such as featured Items or other information or offerings. These communications are part of your relationship with Tie Society and you receive them as part of the Tie Society membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
 

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative.
 

In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). The “Disclaimers of Warranties and Limitations of Liability” set forth in these Terms of Service expressly apply to the use of Customer Service, including any remote desktop access tool.
 

Your Conduct in Accessing the Tie Society Service

By accessing the Tie Society service, including the Tie Society website and user interfaces, you agree to use the Tie Society service, including all Items, features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send 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 software or hardware or telecommunications equipment associated with the Tie Society service. You also agree not to interfere with the servers or networks connected to any portions of the Tie Society service or to violate any of the procedures, policies or regulations of networks connected to the Tie Society service. You also agree not to impersonate any other person while using the Tie Society service, conduct yourself in a vulgar or offensive manner while using the Tie Society service, or use the Tie Society service for any unlawful purpose.
 

Limitations on Use

You must be 18 years of age or older to become a member of the Tie Society service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Service. While Tie Society does distribute products that may be worn by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the Tie Society service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the Tie Society service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Tie Society website, including but not limited to information contained within a member or members' Online Closet, without our express written consent. Tie Society does not promote, foster or counterfeiting of neckwear and cuff links, or any other infringing activity. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tie Society without our express written consent. You may not purchase search terms or use any meta tags or any other "hidden text" utilizing the Tie Society name or trademarks without our express written consent. Any unauthorized use of the Tie Society service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.
 

Links and Pages

Some of the hyperlinks on the Tie Society website may lead to other websites or Applications that are not controlled by, or affiliated with, Tie Society. In addition, other websites may link to the Tie Society website or Tie Society may include links to the websites of businesses, including those that have associations with us through certain programs. For example, Tie Society may include pages that display and provide information on Applications or other products. These pages may provide links to third party sites where Tie Society members may obtain or purchase such Applications and devices. Tie Society has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that Tie Society is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "How Our Service Works."
 

Gift Subscriptions

Gift Subscriptions are sold on our website and are redeemable for the Tie Society service. The purchase and redemtion of Gift Subscriptions are subject to the terms and conditions set forth below.

Gift Subscription Terms

  1. Gift Subscriptions are pre-paid membership to the Tie Society service redeemable at http://www.tiesociety.com/registration. A person who receives and redeems a Gift Subscription to the Tie Society Service is referred to in these terms as the "Recipient."
  2. There are no refunds or other credit for Gift Subscriptions which are not redeemed.
  3. A valid payment method is required to redeem the Gift Subscription and Recipient authorizes Tie Society, in accordance with the Terms of Use, to charge Recipient's payment method for any Item not returned after cancellation of the Tie Society membership.
  4. Recipient's payment method may be authorized for a nominal amount each month during the Gift Subscription to verify that a valid payment method is on file. In some instances, Recipient's available balance or credit limit may reflect this authorization; however, no charges will be made against the payment method unless Recipient does not cancel prior to the end of the Gift Subscription, fails to return an Item upon cancellation of the Tie Society membership, or in connection with any Discount Period.
  5. At the end of the Gift Subscription, Recipient authorizes Tie Society to automatically renew the membership and bill Recipient's payment method monthly for membership fees and applicable tax unless Recipient cancels prior to the end of the Gift Subscription. Recipient further authorizes Tie Society to charge Recipient's payment method each month for the membership fees plus applicable tax until Recipient cancels the Tie Society membership. Although the membership is cancelable at anytime, there is no refund or credit for partially used periods.
  6. Recipient can click on the "My Profile" link for cancellation instructions. It is Recipient's responsibility to cancel the Gift Subscription if Recipient does not wish to continue the Tie Society membership past the end of the Gift Subscription.
  7. Tie Society is not responsible if the Gift Subscription is lost, stolen or used without permission.
  8. Gift Subscriptions are not redeemable or refundable for cash, subject to applicable law, and cannot be resold or combined with any other special or free offers, including other Gift Subscriptions and/or Gift Cards.
  9. Gift Subscriptions purchased at www.tiesociety.com are valid for redemption only at www.tiesociety.com.
  10. Gift Subscriptions and their use are subject to these terms and the Tie Society Terms of Use. These Gift Subscription terms are governed by the laws of the State of Deleware, but excluding their conflict of law principles, and are subject to change without notice.

Claims of Copyright Infringement

It is the policy of Tie Society to respect the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material available through the Tie Society service, or know of someone who is making unauthorized use of the content available through the Tie Society service, please notify us at the address specified below of your concern by submitting a signed written notice containing all of the following:
 

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
 

(ii) Identification of the copyrighted work claimed to have been infringed;
 

(iii) Identification of the material available through the Tie Society service that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
 

(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your e-mail address;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
 

(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.

Our copyright email address is contact@TieSociety.com. Please note, however, that in order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. For queries that are not related to copyright matters, please see other ways to contact us.
 

Counter-Notification: If you are the owner or a person authorized to act on behalf of the owner of the material, which was removed from our service or disabled after we received a copyright infringement notice, and you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material, you may ask that the material be restored by sending us a counter-notification. Section 512(g) of the Copyright Act requires that your counter-notification include all of the following:
 

(i) Your physical signature;
 

(ii) Identification of the material that had been removed or disabled, including if applicable, the specific URLs where the material appeared before it was removed or disabled;
 

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
 

(iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located and that you will accept service of process from the person who provided the copyright infringement notification or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
 

Once we have received your counter-notification, we will forward it in its entirety to the party who submitted the original claim of copyright infringement. The party who submitted the original claim must then notify us with 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material, which was the subject of the original claim of copyright infringement. If we receive notice of such an action, we will not restore the material. If we do not receive such notification, we will replace the removed material and cease disabling access to it. Tie Society shall have the right to terminate the account of any member who posts infringing material.
 

Written communications concerning copyright infringement or counter-notifications under this section of our Terms of Service should be sent to the following address:

Wear By Mail, LLC.
Attn: General Counsel/DMCA Notification
1838 Ontario Place, NW
Suite B
Washington, DC 20009

Disputes; Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the state of Delaware, without regard to conflicts of laws provisions. You and Tie Society expressly and irrevocably consent to personal jurisdiction and venue in these courts. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.