Agreement between User and www.tilldawngroup.com
Welcome to www.tilldawngroup.com. The www.tilldawngroup.com website (the “Site”) is comprised of various web pages operated by Till Dawn Group (“TDG”). www.tilldawngroup.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.tilldawngroup.com or our Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.tilldawngroup.com is an E-Commerce Site. I
Collection of your Personal Information
TDG may collect personally identifiable information, such as your:
– E-mail Address
– Phone Number
TDG may also collect anonymous demographic information, which is not unique to you, such as your:
We may gather additional personal or non-personal information in the future.
TDG encourages you to review the privacy statements of websites you choose to link to from TDG so that you can understand how those websites collect, use and share your information. TDG is not responsible for the privacy statements or other content on websites outside of the TDG website.
Use of your Personal Information
TDG collects and uses your personal information to operate its website(s) and deliver the services you have requested.
TDG may also use your personally identifiable information to inform you of other products or services available from TDG and its affiliates. TDG may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
TDG does not sell, rent or lease its customer lists to third parties.
TDG may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to TDG, and they are required to maintain the confidentiality of your information.
TDG will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TDG or the site; (b) protect and defend the rights or property of TDG; and, (c) act under exigent circumstances to protect the personal safety of users of TDG, or the public.
TDG may take pictures and/or videos of you attending their events or using TDG Services. These pictures and/or videos may be used for marketing or promotional purposes in the future. By attending TDG or using TDG Services, you are inherently agreeing to these terms.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by TDG. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the TDG website.
Opt-Out & Unsubscribe
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from TDG by contacting us here:
– Web page: www.tilldawngroup.com
– Email: email@example.com
– Phone: 714-856-0285
The easiest way is to reply STOP to any text correspondence, or UNSUBSCRIBE at the bottom of any email received.
Visiting www.tilldawngroup.com or sending emails to TDG constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Eighteen
TDG does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use www.tilldawngroup.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.tilldawngroup.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of TDG and TDG is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TDG is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TDG of the site or any association with its operators.
Certain services made available via www.tilldawngroup.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.tilldawngroup.com domain, you hereby acknowledge and consent that TDG may share such information and data with any third party with whom TDG has a contractual relationship to provide the requested product, service or functionality on behalf of www.tilldawngroup.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TDG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TDG content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TDG and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TDG or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by TDG from our offices within the United States. If you access the Service from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the TDG Content accessed through www.tilldawngroup.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TDG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TDG reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TDG in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and TDG agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TILL DAWN GROUP AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TILL DAWN GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. TILL DAWN GROUP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TDG reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TDG as a result of this agreement or use of the Site. TDG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TDG’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TDG with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TDG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TDG with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
TDG reserves the right, in its sole discretion, to change the Terms under which www.tilldawngroup.com is offered. The most current version of the Terms will supersede all previous versions. TDG encourages you to periodically review the Terms to stay informed of our updates.
TDG welcomes your questions or comments regarding the Terms:
Till Dawn Group
241 E. Stevens Ave.
Santa Ana, California 92707
Effective as of July 1, 2017