TERMS AND CONDITIONS OF USE

USER GENERATED CONTENT POLICY

(Effective 5/30/2018)

Twin Hill Acquisition Company, Inc. (“Twin Hill,” “us,”“our,” or “we”) maintains its website and other online or mobile sites as a service to our customers and to inform you about our many offerings. By using or accessing the sites owned, controlled or sponsored by Twin Hill (collectively, the “Site”), you agree to these Terms and Conditions. Twin Hill may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review these Terms and Conditions, because they are binding on you as changed. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms and Conditions.

BY ACCESSING OR OTHERWISE USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE SITE. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

The full Terms and Conditions are set forth below.


Proprietary Rights/Limited License.

Unless otherwise noted, the Site, and all features and materials on the Site, including text, graphics, thumbnails, illustrations, images, photographs, video clips, and other content, and the copyrights, trademarks, trade dress, trade names and/or other intellectual property in such materials (collectively the “Contents”), are owned, licensed or otherwise controlled by Twin Hill. The compilation of the Contents included in or made available on the Site is the exclusive property of Twin Hill and/or its licensors, and protected by copyright law. Twin Hill and its suppliers and licensors expressly reserve all intellectual property rights in the Contents.

From time to time there may be information on the Site that is inaccurate or incomplete, or that contains typographical errors. Twin Hill reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (even after you have submitted your order).

Twin Hill authorizes you to view the Contents on the Site, and to download and make a single copy of all or a portion of the Contents at your own risk and only for your PERSONAL NONCOMMERCIAL USE. You may not use the Site or any Contents for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You may not otherwise copy or download Contents, and may not modify, use or distribute the Contents, the Site, or any related software in any way unless you obtain the written permission of Twin Hill. In the event you download Contents as permitted under this Terms & Conditions of Use, you agree to retain all copyright and other proprietary notices contained on the Contents. If you violate these Terms and Conditions, your permission to use the Contents terminates, and you agree to immediately destroy all copies of the Contents.


Prohibited Uses and Activities.

The Site may not be used (a) to transmit, distribute, store or destroy material, including without limitation the Contents, in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) to transmit, distribute or store material that is defamatory, obscene, threatening, abusive or hateful. The Site may not be used for any illegal purpose or in any manner that would subject Twin Hill, its affiliates, or any of the users of the Site to liability.

You agree that you will not use the Site for any of the following: (a) providing Twin Hill with, or transmitting or posting, any incomplete, false or inaccurate information; (b) deleting or revising any material or Contents posted by Twin Hill or any other person or entity without authorization; (c) harvesting or collecting personally identifiable information about other users of the Site; (d) using the Site to defame, harass, stalk, threaten, or otherwise violate the legal rights of others, including privacy or publicity rights; (e) using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site; (f) taking any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (g) if you have a password, allowing unauthorized access to a non-registered user to a non-public area of the Site, disclosing to or sharing your password with any third-party or using your password for any unauthorized purpose; (h) using or attempting to use, without Twin Hill’s permission, any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Twin Hill on this Site and other than generally commercially available third-party web browsers (e.g., Microsoft Internet Explorer, Google Chrome, FireFox); (i) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site; (j) aggregating, scraping, extracting, data mining, or duplicating in any manner any of the Contents or information available from the Site, except as otherwise expressly allowed by these Terms and Conditions; or (k) framing or linking to any of the Contents or information available from the Site without Twin Hill’s written permission.

You are prohibited from violating or attempting to violate the security of this Site, including without limitation, (a) accessing data not intended for your access or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service or functionality to any user of the Site, host or network, including without limitation, via means of submitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines or software code that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information or by any activity of overloading, "flooding," "spamming," "mailbombing" or "crashing" this Site or its associated services; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services through this website or to other users of this Site; or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or posting relating to this Site.


Right to Limit / Deny Access.

Twin Hill reserves the right to prohibit any user further access to its Site for violating these terms and conditions or any law. Twin Hill may take any action with respect to user-conduct that it deems necessary or appropriate, in its sole discretion, if it believes it may create liability for Twin Hill or its affiliates, damage Twin Hill or its affiliates’ image, cause harm to others, cause Twin Hill to lose (in whole or in part) the Site; or cause Twin Hill to lose (in whole or in part) the services of its ISPs or other suppliers.


Third Party Links.

Twin Hill provides links to third party websites solely as a convenience to you and not as an endorsement. Such links have not been reviewed by Twin Hill, and Twin Hill assumes no responsibility for the content of any sites linked to this Site. Twin Hill is further unable to inspect or confirm that the materials or information contained on the site that are linked to the Site are correct in every case.


User Comments, Feedback and Other Submissions.

Twin Hill welcomes your feedback and comments regarding our products and services, as well as photos, videos and other content (collectively “User Submissions”), at various places in the Site, including third party sites where we post content or invite your feedback, such as social media platforms (“Social Media Platforms”). In addition to these Terms and Conditions, there are Guidelines that apply to your activities on our pages on such Social Media Platforms. Please note, however, that Twin Hill does not control those Social Media Platforms, and these Terms and Conditions and our Guidelines do not apply to companies that Twin Hill does not own or control, or to the actions of people that Twin Hill does not employ or manage. You should always check the terms of use posted on Social Media Platforms.

You may not use a false email address, impersonate any person or entity, or otherwise mislead Twin Hill or third parties as to the origin of the User Submissions. Twin Hill reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. Twin Hill takes no responsibility and assumes no liability for any User Submissions posted by you or any third party.

Please note that we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations posted or sent by users in any User Submissions and we specifically disclaim any liability in connection therewith to the fullest extent allowed by applicable law.

Any communication or other material you send to the Site by e-mail or other means, including your questions, suggestions, ideas, proposals, or comments, is not confidential or proprietary, and Twin Hill has no obligation of confidentiality, express or implied, regarding such communications. Twin Hill may have something similar to those communications already in development or under consideration. Twin Hill may use or otherwise exploit such User Submissions with or without attribution, and you are not entitled to compensation, payment, or reimbursement of any kind from Twin Hill for such materials under any circumstances unless you are otherwise notified in writing by Twin Hill.

By sending User Submissions or any other communications to the Site, you grant Twin Hill a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media.

Please refer to our User Generated Content Policy for further information and requirements on any content you submit to the Site.


User Transactions.

If you wish to purchase any product or service made available through the Site (each such purchase a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Twin Hill the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction. Twin Hill reserves the right, with or without prior notice, to do any of the following: (i) limit the available quantity or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user for making or completing any or all Transactions; and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.


Colors and Style.

Twin Hill attempts to display as accurately as possible the colors and styles of the products shown on the Site. However, Twin Hill cannot and does not guarantee that your monitor?s display of any color or style will be accurate.


Privacy

Please review our PRIVACY POLICY which also governs your use of the Site, to understand our practices. The Privacy Policy is incorporated by reference into these Terms and Conditions.


Disclaimer of Warranties / Limitation of Liability / Indemnification.

THE SITE AND ALL INFORMATION, CONTENTS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY TWIN HILL ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TWIN HILL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, TWIN HILL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TWIN HILL DOES NOT WARRANT THAT THE SITE, INFORMATION, CONTENTS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ELECTRONIC COMMUNICATIONS SENT FROM TWIN HILL ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, TWIN HILL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENTS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Twin Hill makes no claims that the Contents are appropriate or may be downloaded outside of the United States. Access to the Contents by certain persons in certain countries may not be legally allowed. If you access the Contents outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Twin Hill may make changes to the Site, Contents and the product information and prices at any time without notice and without obligation to update the Contents. YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.


DMCA Notice - Notice and Procedure for Making Claims of Copyright Infringement.

Twin Hill respects the rights of all copyright holders and we ask visitors to our site to do the same. Our policy is to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”), and you agree to comply with the processes outlined below in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Twin Hill’s Copyright Agent the written information specified below. When a clear and valid notice is received pursuant to the guidelines set forth below, Twin Hill will respond by either taking down the allegedly infringing content or blocking access to it. Twin Hill may contact the notice provider to request additional information. Under the DMCA, Twin Hill is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send Twin Hill a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, please provide the following information in a written letter by regular mail or email only:

We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliance notice.

All DMCA notices for claims of copyright infringement on the Site should be sent to Twin Hill’s Copyright Agent as follows:

Copyright Agent; Legal Department
Tailored Brands
6100 Stevenson Blvd.; Building A
Fremont, CA 94538
Phone: 510-723-8606

Email: LegalDept@TailoredBrands.com


Applicable law; Disputes; Waiver of Right to Bring Class Action and Jury Trial

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO TEXAS’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS, LOCATED IN HARRIS COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT.

YOU AND TWIN HILL AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH MAY BRING DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF THIS SITE AND/OR THESE TERMS AND CONDITIONS AGAINST THE OTHER ONLY IN YOUR OR THEIR INDIVIDUAL CAPACITIES IN THE FORUM DESIGNATED IN THIS SECTION, AND, IN SO DOING YOU AND TWIN HILL HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY, TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT (EITHER AS A NAMED-PLAINTIFF OR CLASS MEMBER) AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT. YOU AND TWIN HILL FURTHER AGREE THAT, EXCEPT FOR NEW JERSEY RESIDENTS AND WHERE OTHERWISE PROHIBITED BY LAW, ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.


Notice for California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to Twin Hill Customer Relations; 6380 Rogerdale Road; Houston TX 77072 or by calling us at 1-888-206-0699. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.


Contact Us

Contact us in one of the following ways:

Call: 1-888-206-0699
Hours of Operation: Monday-Friday: 7:00 a.m. to 6:00 p.m. CST

Write us at:
Twin Hill Acquisition Company, Inc.
Customer Relations
6380 Rogerdale Rd
Houston, Texas 77072
Attn: Twin Hill Customer Relations


USER GENERATED CONTENT POLICY

In addition to the Terms and Conditions, which terms and definitions are incorporated by reference, this User Generated Content Policy (the “Policy”) governs all User Submissions that you upload, post, email or otherwise transmit via or to the Site, including through Social Media Platforms (such as Facebook, Twitter, or Instagram), and including the submission of product ratings and reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials.

Twin Hill is pleased to hear from users and welcomes your comments regarding our products and services. Please keep in mind, however, that you are responsible for ensuring that your User Submissions comply with this Policy, and with any applicable law. By making a User Submission to Twin Hill, you represent and warrant that:

By sending User Submissions or any other communications to the Site, you grant Twin Hill a royalty-free, irrevocable, perpetual, non-exclusive, sublicensable, worldwide license to use, reproduce, modify, edit, distribute, perform and display any communication or other User Submissions you transmit to the Site (and the ideas contained in such material as well as the name submitted in connection with such materials, if we choose) for any purpose, anywhere, including without limitation reproducing, posting, broadcasting, or publicizing such material or using such material for marketing, advertising or other commercial purposes in any media. You further represent and warrant that you will defend and indemnify Twin Hill and its affiliates for all claims resulting from any User Submission you provide. This license and indemnity obligation will survive the termination of this Agreement and your use of the Site.

Twin Hill reserves the right to remove any User Submission from the Site for any reason.

User Submissions are subject to our DMCA Notice and Procedure for reporting claims of copyright infringement.