Term and Privacy

TERMS

The Following is a Legally Binding Agreement.

This website (the “Website”) is owned and operated by Tibi, LLC (hereinafter “Tibi”), a Delaware limited liability company. All content and information provided on or through the Website (hereinafter “Content”) may be used only under the following terms of service (“ToS”). If you disagree with any of the provisions of the ToS now or at any time hereafter, you are not authorized to access or use the Website and you must leave the Website immediately.

1. Grant of Rights.

As a user of this Website, Tibi grants you the nonexclusive, nontransferable, revocable, limited license to access and use the Website and Content strictly in accordance with the ToS and Tibi’s Privacy Policy. Tibi may terminate this license at any time for any reason.

2. Limitations on Use.

The Content on this Website is for your personal use and you may not copy, reproduce, republish, distribute, display, transmit, sell or otherwise use or exploit any of the Content except with Tibi’s prior written permission. Without limiting the generality of the foregoing, you may not (a) create derivative works from the Website or the Content, (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users; or (c) use any robot, spider, other automatic device or manual process to monitor or copy the Website or the Content without Tibi’s prior written permission. The Website is not meant for use by persons under the age of 18 and Tibi will not knowingly collect any personally-identifiable information (“PII”) from persons under the age of 18 without verified parental consent.

3. Intellectual Property Rights.

Trademark Notice. Tibi, the Tibi logo, and other marks used on the Website, whether or not they appear with the symbols ® or ™, are trademarks and/or service marks of Tibi, LLC and may be registered in the United States or in other jurisdictions including internationally. Tibi’s trademarks, service marks and trade dress may not be used in connection with any product or service (i) that is not authorized by Tibi in writing; (ii) in any manner that is likely to cause confusion among customers that the source of such product or service is, or is in any way associated with, Tibi; or (iii) in any manner that disparages or discredits Tibi. All other trademarks not owned by Tibi that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to or sponsored by Tibi.
Trademark Notice. Copyright Notice. All Content, including without limitation text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is the property of Tibi or its Content suppliers and is protected by United States and international copyright laws. The compilation of Content on the Website is the exclusive property of Tibi and protected by U.S. and international copyright laws. The Website is © 2010 Tibi, LLC – All Rights Reserved.
By using the Website you are acknowledging that the trademarks, service marks, trade dress and Content on the Website or otherwise belonging to Tibi are and shall remain, except where owned by a third party, the sole and exclusive property of Tibi. Nothing in the ToS or on the Website shall be construed as conferring any license or right, whether by implication, estoppel or otherwise, to use any of Tibi’s trademarks, service marks, trade dress or Content.

4. Linking to the Website.

You may provide a link only to the homepage of this Website, provided (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage, (b) you give Tibi notice of such link by sending an e-mail to customercare@tibi.com, and (c) you discontinue providing such link to this Website if requested by Tibi. If you wish to provide a link to a section within the Web site, you should forward your request to Tibi at customercare@tibi.com and Tibi will notify you if permission is granted, and if so, the terms and conditions of the such permission.

5. Registration.

Users of the Website who wish to purchase goods advertised and sold on the Website will be required to register by providing certain PII (hereinafter “Registration Information”) to Tibi, including but not limited to such user’s name, address, telephone number and credit card information, in order allow Tibi to identify and contact such users. With respect to Registration Information provided by you, you warrant, represent, acknowledge and agree that (a) it is accurate and true and you shall keep it updated in all respects so that it remains accurate and true at all times; (b) Tibi may use your Registration Information for processing your orders and payments, for delivering your purchases and for such other purposes as are specifically set forth in and consistent with Tibi’s Privacy Policy; and (c) any failure by you to maintain true and accurate Registration Information may affect the payment and delivery of the goods offered on the Website and may result in suspension or termination of your registration.

6. Returns Policy.

You shall have the opportunity to review, modify, and confirm each transaction you are contemplating. Returns shall be accepted by us only on the following terms and conditions:

- - - - Tibi.com will accept returns of full-priced merchandise only. All Sale merchandise is Final Sale and may not be returned;
        
        Returns must be received by Tibi in their original condition, not having been worn or altered, and with all original tags, belts, designer packaging, and other items which may have accompanied your purchase still attached. Returns that are damaged, soiled or altered may not be accepted and may be sent back to the customer at Tibi’s sole option;
        
        Swimwear must have the sanitary lining still intact and be in its original packaging;

7. Limitations on Liability.

You acknowledge and agree that:

- - - - The Website is provided on an “as is” basis. Tibi makes no warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, Tibi does not warrant or represent that (a) the Content will at all times be correct, accurate, timely, or otherwise reliable, (b) the Website and Content will be error-free, free of viruses or other harmful components, (c) errors or defects will be corrected, or (d) any purchase or other transaction conducted through the Website will be completed and fulfilled or will result in the benefits you intended to receive therefrom;

8. Force Majeure.

Tibi shall not be in default under this ToS nor be liable for failure to observe or perform any provision hereof (1) for any reason or cause which we could not, with reasonable diligence, control or prevent, including without limitation, acts of nature, terrorism, acts of government, war, civil commotion, strikes, lock-outs, labor or industrial disputes, power shortages or power failures, inability to obtain sufficient labor, raw materials, fuel or utilities, technical problems or communication failures, or (2) due to any delays, non-deliveries, mis-deliveries or service interruptions caused by any third party.

9. Indemnification.

You hereby agree to and do hereby indemnify, save, and hold harmless Tibi and any of its officers, directors, shareholders, employees, sub-contractors, licensees and agents, from any and all damages, liabilities, costs, expenses and other losses (including reasonable attorneys’ fees, legal costs and legal expenses) arising out of or connected with any claim, demand or action which is inconsistent with any of the warranties, representations, promises or covenants made by you in this Agreement or which arise out of or are related in any way to your breach of the ToS or your use of or conduct on the Website.

10. Miscellaneous.

- Tibi reserves the right to change, revise or modify at any time this ToS, the Privacy Policy or any other terms or conditions contained on the Website by posting the changed, revised or modified terms on the Website. Therefore, please be sure to check the date of this ToS, the Privacy Policy and any other terms or conditions each time you visit to ensure that you are aware of the most current versions. All such changes, revisions and modifications shall be effective immediately upon posting and your continued use on the Website shall be deemed full acceptance of all such changes. Failing your full acceptance, your sole and exclusive remedy shall be to cease using the Website.
- If there is a conflict between any oral or written representation made by any of Tibi’s employees, representatives, agents or vendors and any provision of this ToS, the ToS shall prevail. Except where specifically provided, the ToS shall prevail over any conflict or inconsistency with the Privacy Policy and any other information provided on the Website.
- No waiver by you or us of any provision of this Agreement or of any default under any provision shall affect your our respective rights thereafter to enforce such provision or to exercise any right or remedy in the event of any other default, whether or not similar.
- If any provision of this Agreement shall be held void, voidable, invalid or inoperative, no other provision of this Agreement shall be affected as a result thereof, and, accordingly, the remaining provisions of this Agreement shall remain in full force and effect as though such void, voidable, invalid or inoperative provision had not been contained herein.
- This Agreement shall be governed by and shall be construed in accordance with the laws of New York without regard to principles of conflicts of law. Any and all actions, suits and proceedings arising out of or related to this Agreement or the subject matter hereof shall be brought only in the courts located in the City, County and State of New York, and the parties hereby unconditionally and irrevocably consent and submit to such exclusive jurisdiction and waive any objection that they may now or hereafter have with respect thereto.
- The section titles or headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

To Contact Tibi.

If you have questions or suggestions regarding this ToS, please contact us by email at customercare@tibi.com.

PRIVACY

The Following is a Legally Binding Agreement.

Information That Tibi Collects:

Tibi collects personal information that allows us to provide you with a full range of customized services. The information that we collect from our users includes the following:

Information That You Provide:

Tibi collects and retains any information that you enter on our website or provide to us in any other way, including information regarding product search. You may choose not to provide us with certain information, but doing so may limit your ability to use our site or particular features and services that we offer.

- - - - Correspondence: In order to receive support from, or correspond with, Tibi you may choose to provide your email address, name, comments or other information.
      - Shopping: We ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship your orders to you.
      - Email Alerts: In order to receive email newsletters about topics such as new product arrivals, special promotions, and general updates about new features and services, or other notifications, we require that you provide us your email address and opt into receiving our newsletters.
      - My Account: In order to shop online with Tibi, you must complete a registration form that requires select personal information such as full name, city, state and email address. By registering this information with Tibi, you are authorizing Tibi to store such information until such time you elect to change or delete it.

Information That We Collect Automatically:

Tibi and its authorized agents automatically collect and retain certain types of information whenever you interact with Tibi’s website and services, which includes data provided by your browser or email program, such as your IP address, Tibi cookies, http referer, and the pages you request. Cookies are alphanumeric identifiers that your Web browser stores on your computer’s hard drive when you access Tibi’s website and services. Tibi uses cookies to enable our systems to recognize your browser and record how and when our website and services are utilized. Most Web browsers allow users to receive notification when new cookies are set, specify which cookies to accept and reject, or disable cookies entirely (consult your browser’s “Help” menu for guidance on adjusting your settings). Some of Tibi’s business partners may transfer cookies to your browser when you use our website and services. We do not control or have access to these cookies. In addition, we may also use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”) on our website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our website and our advertising. We work with service providers that help us track, collect, and analyze this information. We recommend that you accept all cookies from Tibi because turning them off may prevent access to certain features and services of our website. However, if you’d prefer not to receive advertisements tailored to your preferences, you may opt out at any time by visiting http://www.aboutads.info/choices.

Use of Your Personal Information:

Tibi uses the personal information that we collect to provide you with our products and services, including the display of customized content and advertising. That includes use for auditing, research and analysis for the purposes of maintaining, protecting and improving our services; marketing and advertising either directly or through third parties; developing new services; or ensuring the proper functioning of our systems and infrastructure.
We may work with reputable and vetted third parties to assist us in collecting additional information about you, to combine the information you submit with their data to create a better picture of you as a customer, or to help us process your information in order to provide you with a better experience.
Tibi processes personal information on our servers in the United States of America. In some cases, that may mean that we process personal information on a server outside your own country. By accessing the Website, you are acknowledge that we may collect, store, and process your information outside of your own country.
Tibi’s employees, consultants, and contractors may have access to your personal information if necessary in the normal course of our business operations on a need to know basis.
Tibi may provide your personal information to third parties that we have contracted with to help us deliver services or process data (such as email delivery or transaction processing). In these cases, we only disclose information to the extent we deem necessary to achieve the purpose at hand and use service providers that have provided assurances about the security and confidentiality of the data that we share.
Tibi may share certain aggregated, non-personal information with third parties for marketing and other purposes, such as the number of visitors to our website, or the product search terms that those visitors used. Such aggregated, non-personal information does not identify you individually.
If Tibi, or any portion of its assets, is acquired by a third party, the information we have collected and stored may be among the assets transferred to the acquiring party.
We may release personal information if we believe that doing so is necessary to comply with a law, court order or subpoena; enforce or apply our Terms of Use or other policies; or to protect the rights, property, or safety of Tibi, our employees, our users, or others.

Opt-In and Opt-Out:

The information that you provide to process an order, such as email address, mailing address, or telephone number may be used to contact you regarding your order or to send you service-related updates. By submitting your mailing address, whether by placing an order or otherwise, you are opting into receiving direct mail marketing from Tibi. In order to opt out of receiving direct mail, email customercare@tibi.com with subject line, “Unsubscribe from direct mail” and include your name and the full mailing address in the body of the email.

The email address you submit when placing an order will not be used for marketing purposes unless you opt into receiving email newsletters. You can opt into email newsletters during checkout, when creating an account, or on email collection forms on the Website. You can opt out of, or change your preferences, for email marketing at any time. All email newsletters from us will include links to opt out or change your email settings.

MOBILE MESSAGING SERVICE TERMS OF SERVICE

Last updated: 8.10.2021

The Tibi mobile message service (the "Service") is operated by Tibi, LLC (Tibi, “we,” or “us”). Your use of the Service constitutes your agreement to these terms of Service (“Mobile Terms”). Tibi and you are sometimes hereinafter referred to individually as a “party” and jointly as the “parties.”

We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the Service following the effective date of any such modifications shall constitute your acceptance of same.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
Text messages may be sent to you using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from Tibi via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to +1 (833) 494-1427 to cancel at any time. You will then receive a one-time opt-out confirmation text message. If you have subscribed to other Tibi mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 494-1427 or email customercare@tibi.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number have been changed may not be received, and we will not be responsible for honoring requests made in such messages.
Neither the wireless carriers supported by the Service nor Tibi are liable for delayed or undelivered messages. You agree to provide us with a valid mobile number and to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Governing Law. These Terms of Service shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration agreement set forth in Section 9 below. In the event that the arbitration agreement is found not to apply to you or a particular "Dispute" (as such term is hereinafter defined), you agree that the claim will be resolved exclusively by a state or federal court located in the City, County, and State of New York. You and Tibi agree to submit to the personal jurisdiction of such courts for the purposes of litigating such claims. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Arbitration. In any claim, action, or proceeding to enforce any right or obligation of the parties arising out of or related to these terms and conditions or Tibi's performance or your use of the Services (collectively, "Disputes"), the parties hereby waive any right they may now have or hereafter possess to a trial by jury. You and Tibi agree to resolve all Disputes in good faith mediation. In the event no mutual resolution is reached within sixty (60) days of notice of such Dispute, the Parties have the right to resolve such Dispute via arbitration before a single arbitrator pursuant to then-current Commercial Rules of the American Arbitration Association (AAA). The arbitrator may award any relief available under applicable law, as well as an award of arbitration fees and reasonable attorneys’ fees. However, before seeking to resolve any Dispute by arbitration, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. The notice must describe the nature of the Dispute and the relief being sought. If you and Tibi are thereafter unable to resolve the Dispute within 30 days, either you or Tibi may proceed to file a claim for arbitration. The arbitration, information produced, and pre-and post-hearing proceedings, shall be confidential and any award shall not be used in any other action or proceeding except to enforce the award itself. Even if permitted under AAA rules, no class or collective action or arbitration may be brought against Tibi to resolve any Dispute. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the claim as an individual.
Class Action Waiver. All Disputes must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple-plaintiff, or similar proceeding (“Class Action”). You expressly waive any ability to maintain any Class Action in any forum or tribunal. If the claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action or to make an award to any person or entity not a party to the arbitration. Any claim that all or part of this “Class Action Waiver” is unenforceable, unconscionable, void, or voidable may be determined only by the courts of competent jurisdiction specified in Section 8 above, and not by an arbitrator. If this “Class Action Waiver” is found to be unenforceable, then the entirety of the arbitration agreement in Section 9 above shall be null and void.
All notices required to be given to Tibi hereunder should be sent to Tibi Customer Care, 100 Broadway, 16th Floor, New York, New York 10005.