Terms of Use and Other Legal Information

Ownership of the Site and Agreement to the Terms of Use

Tipper Tie, Inc. (“Tipper Tie,” “we,” or “us”) owns and operates this website, www.tippertie.com, though some aspects of it are under license from others. These terms of use apply to that website. BY USING THE SITE, YOU AGREE TO THE TERMS, AND IN EXCHANGE, WE GRANT YOU A PERSONAL, NONEXCLUSIVE, NONTRANSFERRABLE, LIMITED LICENSE TO ENTER AND USE THE SITE. IF YOU DON’T AGREE TO THE TERMS, YOU MAY NOT USE IT.
Tipper Tie reserves the right to change these terms at any time and for any lawful reason. It is your responsibility to check these terms for such changes. Using the site after a change means you accept and agree to the change.

Content and Use

Except as permitted by law, the content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement of its elements), is the exclusive property of and owned by Tipper Tie, its licensors, and its content providers. These content elements are protected by trade dress, copyright, patent, trademark, unfair competition, and other applicable laws.

The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of Tipper Tie, its licensors, its content providers, or other third parties. All of them are the property of their respective owners. Except as indicated in the next paragraph, nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the site without the owner's prior written permission.
You may access, copy, download, and print material from the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark, or similar notice that appears on the material you access, copy, download, or print.
Unless you first obtain our express written consent, you may not make any other use of content on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the site.

In addition, you may not

• use the site to compete with Tipper Tie
• use any “deep link,” “page scrape,” robot, spider, other automatic device, program, algorithm, or method to access, acquire, copy, monitor, reproduce, circumvent, or obtain information from any aspect of the site through any means we did not intentionally provide to you
• use contact information provided on the site for marketing or any other unauthorized purposes
• use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept data
• overload, interrupt, unreasonably load, disable, probe, scan, test the vulnerability of, or gain unauthorized access to the site, or any systems, networks, or data associated with the site
• supply personal information that is false
• use the site for any purpose that is unlawful or prohibited by these terms
• upload to, distribute, or otherwise publish through this site any content that (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam"
• use frames or similar techniques to enclose any content included on the site without Tipper Tie’s written consent
• use our proprietary marks or other site content in any meta tags or other hidden elements without our written consent

Privacy

The parties’ respective rights and obligations concerning privacy are set forth in our Privacy Policy. By using the site, you acknowledge that the Internet is not completely secure and others may intercept any message you send us.

Links

This site may contain links to sites operated by third parties. These are provided solely as a convenience to you. They are not under our control. We do not endorse and have not reviewed all the information on those sites. We are not responsible for their content or operation. You will need to use independent judgment if you choose to interact with these sites. Tipper Tie will not be responsible for any loss or damage you incur if you use them.

Disclaimer

YOU AGREE THAT THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND AS TO ITS FUNCTIONING, CONTENT, OR AVAILABILITY. TIPPER TIE ASSUMES NO LIABILITY AND SHALL NOT BE RESPONSIBLE FOR THE SITE’S FUNCTIONING, CONTENT, OR AVAILABILITY. INDEED, THE SITE MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. DESPITE THAT, AND EXCEPT WHERE PROHIBITED BY LAW, TIPPER TIE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT WHERE PROHIBITED BY LAW, TIPPER TIE FURTHER DISCLAIMS LIABILITY FOR ANY DAMAGES YOU MAY SUFFER FROM USE OF THE SITE, AND IN PARTICULAR ANY PUNITIVE, EXEMPLARY, TREBLE, DOUBLE, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION IT CONTAINS, WHETHER SUCH DAMAGES ARISE FROM CONTRACT, TORT, STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TIPPER TIE RESERVES THE RIGHT TO MAKE CHANGES TO, SUSPEND, OR TERMINATE OPERATION OF THE SITE AT ANY TIME, FOR ANY REASON, AND WITHOUT PROVIDING NOTICE.
TIPPER TIE CANNOT GUARANTEE THAT FILES DOWNLOADED FROM THE SITE WILL BE FREE OF VIRUSES OR DESTRUCTIVE FEATURES.

TIPPER TIE DISCLAIMS LIABILITY FOR THE ACTS AND OMISSIONS OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE.
YOU ASSUME ALL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST TIPPER TIE ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF THE SITE IS TO STOP USING THE SITE AND ITS CONTENT. THIS LIMITATION OF RELIEF IS PART OF THE BARGAIN BETWEEN THE PARTIES.

Indemnification

You agree to indemnify, defend, and hold harmless Tipper Tie and its affiliates, together with their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers, against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the site and any violation of these terms. If you disrupt or damage the site or the systems, networks, or data associated with the site, you agree to be responsible for all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees and court costs, arising out of or in any way related that disruption. Tipper Tie reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Tipper Tie in the defense of the matter.

Actual or Potential Violation of the Terms of Use

Tipper Tie may disclose any information it has about you (including your identity) if we determine that disclosure is necessary in connection with an investigation of your use of the site or to identify, contact, or bring legal action against someone who may be causing injury to the rights or property of another.

We may terminate your access to the site immediately and without notice if we believe you have violated these terms or applicable law.

You agree that any violation of the terms by you would cause Tipper Tie irreparable harm for which damages are inadequate, and you consent to Tipper Tie obtaining any appropriate injunctive or equitable relief that is appropriate in addition to any other remedies Tipper Tie may have.

If Tipper Tie takes legal action against you, the prevailing party will be entitled to recover its costs and reasonable attorneys’ fees in addition to any other relief.

Governing Law, Forum Selection, and Consent to Jurisdiction

These terms will be governed by the laws of the State of North Carolina and of the United States. Any legal proceedings relating to them, except to the extent necessary to obtain injunctive relief, shall be brought in the General Court of Justice of the State of North Carolina, and the parties consent to the personal jurisdiction of that court and to venue in Wake County, North Carolina. The prevailing party in any dispute will be entitled to recover all its reasonable expenses from the other, including reasonable attorneys’ fees.

Miscellaneous

Any feature or function of the site is void where prohibited. If any provision of these terms is unlawful, void, or unenforceable, it will be modified to effectuate the intent of the parties or limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in place. These terms are the entire agreement between you and Tipper Tie regarding your use of the site, and any other oral or written agreements regarding that use are superseded and cancelled. Tipper Tie rejects any counteroffers to these terms. Tipper Tie’s failure to insist on or enforce strict performance of these terms will not be construed as a waiver of its rights under the terms. Nor shall any course of conduct by the parties be construed to modify them. These terms are not intended to confer any rights on third parties.

© 2011 Tipper Tie, Inc. All rights reserved.