Terms of Use

Totalimageconsultants.com (the “Site”) is owned and operated by Ginger Burr d/b/a Total Image Consultants (“TIC”).  Please carefully read the TOU as they may have changed since your last visit to the Site.  Continued use of the Site indicates your understanding and acceptance of any changes made to the TOU and posted to the Site.  The TOU do not apply to your use of any third-party websites to which the Site may link. By using the site; registering for services, classes or events; buying products; or DOWNLOADING, copying, accessing, or using ANY CONTENT or materials from THE SITE you indicate your understanding and acceptance of these terms of use (“TOU”). If you do not accept these terms, do not use the site OR its MATERIALS, purchase products, or register for services, classes or events. TIC takes the privacy of its customers very seriously and wants you to feel comfortable whenever you visit our websites, access our services, or participate in our offerings and events. For more information please visit TIC’s Privacy Policy.

Personal, Non-Commercial Use

The Site and any TIC Services or Products are made available for your personal, non-commercial use only. Except as provided by specific terms governing a service, product, or other information, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or content accessed through the Site or any TIC Services or Products.

Services and Products

TIC offers various services, including but not limited to, courses, personal styling, color analysis, personal shopping, events, newsletters, webinars, and guided group shopping (the “Services”).  TIC also offers various products, including but not limited to, books (the “Products”).  In order to access some of the Services and Products, you may be asked to provide your name, e-mail address, mailing address, telephone number, and payment information, if applicable.  Subject to compliance with the TOU, TIC grants you a limited, non-exclusive license to utilize the Services and Products so long as: (i) you are eighteen (18) years of age or older, and (ii) are not barred from receiving the Products and Services offered under the laws of the United States. In order to access and/or use the Services or Products, you must provide current and accurate identification, contact and payment information.  You will be responsible for maintaining the accuracy and completeness of such information.  TIC may, at any time, revoke your access to the Services for any reason in its sole discretion, including, but not limited to, if TIC believes that you are in breach of these TOU. Upon any expiration of Services ordered by you, or any termination of these TOU, your access and other rights to the Services will be cancelled and cease. In such event you must cease any further use of the Services.

Charges, Billing, Payment

If there is a charge associated with any TIC Products or Services that you have requested, you agree to pay that charge. The price stated for the product or service excludes all applicable sales, use and other taxes, unless stated otherwise. You are solely responsible for paying such taxes or other charges and agree to indemnify, defend and hold harmless TIC from any failure to make such payments.  To pay the charges for a product or service, you will be asked to provide a payment method at the time of purchase to either TIC or a third party working on behalf of TIC. By providing TIC or a third party with a payment method you represent (i) that you are authorized to use the payment method that you provided, (ii) that any payment information you provide is true and accurate, and (iii) that you authorize TIC or a third party to charge you for the products or services using your payment method.  Any third party website that you may be sent to to facilitate processing of payments and orders is subject to its own terms of use and privacy policy and you should review the terms of use and privacy policy of that third party website before providing personal information. TIC may take commercially reasonable actions to validate your credit card information. If TIC does not receive payment from your card issuer, you agree to pay TIC all amounts due immediately upon demand.  Prices are subject to change.

Refund policy

Payments and deposits are non-refundable. You are responsible for the full fee for the Product or Service regardless of whether you actually use the Product or Service and regardless of whether you have chosen a lump-sum or multiple payment plan. No refunds will be issued or monthly payments forgiven. A $10.00 late fee will be charged for any payment not received or unable to be processed by the date due.

Copyright Infringement and Copyright Agent

If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on any TIC Site, please provide notice to the TIC Copyright Agent including the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed.
• A description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled.
• A description of where the material that you claim is infringing is located on a TIC Site.
• Information sufficient to permit TIC to contact you, such as your physical address, telephone number, and email address.
• A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The TIC Copyright Agent for Notice of claims of copyright infringement can be reached as follows: By mail: Copyright Agent Ginger Burr DBA Total Image Consultants 14 Lewis Street Lynn, MA  01902-4807 By email: [email protected]

Intellectual Property Rights

Total Image Consultants and related logos (the “Marks”) are the trademarks of TIC in the United States, other countries, or both.  All materials on the Site, including but not limited to, trademarks and logos, designs, text, graphics, sounds, images, and software (the “Content”) are the intellectual property of TIC, its licensors, affiliated companies, or other third parties. The Content is protected by United States and foreign intellectual property laws. Except as stated herein, none of the Content may be copied, reproduced, or distributed in any form without the prior written permission of TIC.  Notwithstanding the foregoing, course and lecture materials made available to you may be copied, but only for your personal, non-commercial use.

Links to Other Websites

The Site may display content from or links to websites provided by third parties.  These may include advertisements and solicitations to purchase products or services.  As consideration for your convenience in making this third party content available or accessible to you, you acknowledge that:  (1) TIC does not endorse the content or services described in any linked third party website, and (2) TIC does not control these third party websites and expressly disclaims any responsibility for the content, the accuracy of the information, and any products or services available on such websites.   You also agree that TIC IS NOT responsible or liable for any losses or damages you experience with any third party content you choose to rely upon or advertisements you respond to and that you must contact any such third party directly for any remedies that may be available to you.   If you decide to access any linked third party website, you do so at your own risk.  You should refer to the separate terms of use, privacy policies, and other rules posted on third party websites before you use them.

Compliance with Laws

By accessing or using the Site, you agree to comply with all laws, rules and regulations implemented by any government authority or agency which governs or applies to the operation and use of the Site. Without limiting the generality of the foregoing, you expressly agree not to export or re-export any of the content contained on the Site to countries or persons prohibited under the export control laws of the United States. TIC makes no representation that the content on the Site is appropriate or available for use outside the United States. If you have chosen to access the Site from outside the United States of America, you do so at your own initiative and risk, and you are responsible for compliance with your local laws, if and to the extent, local laws are applicable.

Disclaimer of Warranties and Limitation of Liability

TIC DOES NOT REPRESENT OR WARRANT THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OPERABILITY, OR AVAILABILITY OF ANY INFORMATION, MATERIALS OR CONTENT DISPLAYED, DOWNLOADED, OR OTHERWISE RECEIVED FROM THE  SITE OR ANY TIC EVENT. THE  SITE AND TIC MATERIALS and CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTY, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. TIC DISCLAIMS ANY IMPLIED, EXPRESS, OR STATUTORY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, or any MATERIALS or CONTENT RECEIVED from tic, INCLUDING INFORMATION OR ADVICE OBTAINED THROUGH THE SITE or TIC courses. TIC DOES NOT WARRANT THAT THE SITE OR any MATERIALS or CONTENT WILL BE ERROR-FREE OR THAT THE SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS and CONTENT THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIALS or CONTENT. IF YOUR USE OF THE SITE, MATERIALS, or CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, TIC, ITS AFFILIATES AND LICENSORS ARE NOT RESPONSIBLE FOR THOSE COSTS. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and from jurisdiction to jurisdiction. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF USE, IN NO EVENT SHALL TIC BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, MULTIPLE OR OTHER DIRECT OR INDIRECT DAMAGES OR FOR LOST PROFITS OR LOSS OF USE DAMAGES ON ACCOUNT OF YOUR USE, MISUSE, OR RELIANCE ON THE SITE or MATERIALS and CONTENT AVAILABLE ON THE SITE OR otherwise. ALL CLAIMS FOR SUCH DAMAGES ARE HEREBY SPECIFICALLY WAIVED, EVEN IF TIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Force Majeure

Under no circumstances shall TIC, its affiliates, subsidiaries, or licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, loss of data, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air-conditioning.

Indemnity

You agree to defend, indemnify, and hold harmless TIC and its affiliates and their officers, directors, employees, consultants, agents and suppliers from and against any and all claims, liabilities, damages, and/or costs (including, but not limited to, fees, costs and other expenses of attorneys and expert witnesses) arising out of or related to your use of the Site, purchase and/or use of any of the Products or Services, or violation of theses TOU or applicable law.

Release

Because TIC does not control all aspects of any event, group shopping outing, course, or other activity or gathering (“Activity”); is not involved in any way with physical transportation to or from any Activity; and does not control the actions of any individual at any Activity, you agree that you bear all risk and to release TIC (and its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your use of the Site, your third-party transactions, or your transportation to or from, attendance at, or the actions of you or other persons at any Activity. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver to the full extent that you may lawfully waive all such rights and benefits.

Governing Law

These TOU and all claims related to them, their execution, or the performance of the parties under them, shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without giving effect to its conflict of laws provisions. You agree and hereby irrevocably submit to the exclusive personal jurisdiction and venue of the state or federal courts located within Suffolk County, Massachusetts or the U.S. District Court for the District of Massachusetts with respect to such matters. If for any reason, a court of competent jurisdiction finds any provision or portion of these TOU to be unenforceable, the remainder of these TOU will continue in full force and effect.

Entire Agreement, Assignment

These TOU constitute the entire agreement between you and TIC with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You may not assign or delegate any rights or obligations hereunder. TIC may assign and/or delegate all of its rights and/or duties at its sole discretion to any third party. These Terms of Use were last amended on July 6, 2016.