Terms & Conditions

The Terms of Use and Privacy Policy posted on the Site are an agreement that sets forth the terms and conditions that will govern your use of the Site, including your use of the Site to view items that are posted on the Site.  By electing to access or use the Site you agree to be bound by the Terms of Use and Privacy Policy.

  1. Access. (a) We reserve the right to withdraw or modify the Site and any content we provide on the Site, in our sole discretion without notice.  From time to time, we may restrict access to some parts of the Site to certain users.  You are responsible for all persons who access the Site using your IP address, user name, email or password compliance with the Terms of Use and Privacy Policy.  If you choose or are provided with a user name or password as part of our security procedures in order to access certain areas of the Site, you must treat such information as confidential, and you must not disclose it to any other person or entity. (b) We have the right to prohibit you from accessing the Site and to disable access to the Site to any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, without limitation, if, in our opinion, you have violated any provision of the Terms of Use or the Privacy Policy. (c) Tamara Mellon cannot guarantee continuous or secure access to the Site or our services provided by the Site.  Operation of the Site may be limited by many factors that are outside of the control of Tamara Mellon.

  2. Security. We follow reasonable standards to protect the personal information submitted to us, both during transmission and once we receive it.  However, no method of transmission over the Internet, or method of electronic storage, is completely secure.  Therefore, while we strive to use reasonable means to protect your personal information, we cannot guarantee its security.

  3. Site Content and Marks. You acknowledge and agree that Tamara Mellon’s name and trademarks and other graphics, logos, slogans and service names used by Tamara Mellon on the Site are owned by Tamara Mellon, are protected by applicable trademark and other intellectual property rights and laws and you have no rights with respect thereto.  You also acknowledge and agree that all designs, concepts and content, including photographs, on the Site are owned by Tamara Mellon and are protected by applicable copyright laws.  You acknowledge that any unauthorized use by you of any of the marks, designs, concepts or content on the Site is prohibited and any such use may result in civil and criminal penalties being imposed on you.

  4. Limited Licenses and Permissions. We grant you a limited license and permission to access and make personal use of the Site, but not to download any portion of it for any commercial purpose or to modify any portion of it.  You agree not to store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any of the content on the Site for any commercial purpose.  You may occasionally solely for personal, non-commercial use (i) print a single copy of pages of the Site or (ii) copy a picture or a description of a product from the Site on your blog or share a photograph or description of a product from the Site through use of your social media account, but you may not otherwise reproduce any material appearing on the Site without our prior written consent.  No right, title or interest in any of the content on the Site is granted to you by such copying. 

  5. Products. While we have tried to actually display the colors of products, the actual colors you will see depend on your monitor and may not be accurate.  The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated.

  6. Availability of Products on The Site. Merchandise availability on the Site is not guaranteed.  While we endeavor to keep the Site current, we do not guarantee that all items featured on the Site at any time remain available for purchase at the time you visit the Site.  You will receive a shipping confirmation e-mail once your items have been shipped. 

  7. Payment Processors and Credit Transactions. We and our third party processors may rely upon any notice, purchase order or any other document which purports to have been transmitted by you or signed by you and we shall have no duty to make any inquiry or investigation. You authorize our third party processors to initiate credit transactions with respect to the purchase by you of products through use of the Site.  You will also be responsible for all taxes associated with your purchase.  If you fail to render payment as prescribed for any transaction, the transaction will not be completed.  Since the use of a credit card may be limited by your agreement with your credit card company and/or by applicable law, Tamara Mellon is not liable to you if we do not complete a transaction as a result of any such limit, or if a credit card company fails to honor any credit to your account.  Our payment processors may post operating rules that you are required to comply with in order to use their services and such rules may be changed by a payment processor from time to time. Prior to making any purchase or other transaction on the Site you should review the terms of use and privacy policy on our payment processor’s site to make sure that you agree to such terms of use and privacy policy and, if you do not agree to such terms of use and privacy policy, you should not perform such transaction.

  8. Feedback and Comments. You may provide us feedback and comments with respect to the Site, but all such feedback, comments and submissions provided by you are owned by Tamara Mellon and by your posting on the Site or sending or otherwise transmitting any feedback, comments or other submissions you hereby assign to Tamara Mellon all worldwide rights, title and interest in such feedback, comments and submissions in all mediums and all forms without the payment by Tamara Mellon of any compensation.  You acknowledge and agree that Tamara Mellon shall not consider any of such feedback, comments and submissions as your confidential or proprietary information, irrespective of whether you mark or otherwise provide notice to Tamara Mellon that such feedback, comments and submissions are your confidential or proprietary information.  You agree that you shall not provide any feedback, comments or other submissions that violate any applicable laws or regulations or that infringe or misappropriate any third party’s rights or that are libelous, obscene or violate a third party’s privacy rights. 

  9. Disclaimers of Warranties. THE SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED.  ALTHOUGH TAMARA MELLON ENDEAVORS TO PROVIDE ACCURATE INFORMATION ON THE SITE, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE.  TAMARA MELLON DOES NOT WARRANT THAT THE DESCRIPTIONS OF THE PRODUCTS INCLUDED IN OR AVAILABLE THROUGH THE SITE ARE ACCURATE, RELIABLE OR CORRECT.  TAMARA MELLON DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK.  TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, TAMARA MELLON HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE CONTENT ON THE SITE, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  10. Restriction on Your Use. (a) While using the Site, you will not: (i) violate any laws, third party rights, or our policies set forth on the Site; (ii) use any content (including, without limitation, all designs and photographs) on the Site for any commercial purposes; (iii) post false, inaccurate, misleading, defamatory, or libelous content (including personal information); (iv) distribute or post spam, chain letters, or pyramid schemes on or through the Site; or (v) impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, distributing, submitting, posting or uploading any materials that contain or distribute viruses or disabling code, files, programs or any other technologies that may harm Tamara Mellon, the Site or any other Site user. (b) In addition, you will not (i) harvest or otherwise collect (i.a) information, designs or content provided on the Site or (i.b) information with respect to any Site’s users, including e-mail addresses; (ii) provide any links, frames or tags to or of any content on the Site (including, without limitation, designs and photographs) without our express written consent, except that you may on an occasional basis for non-commercial purposes only provide a link to a photograph or a description of a product from the Site to your blog or share a photograph or description of a product from the Site through use of your social media account; or (iii) use any spiders, automated programs, scripts, robots, software or any similar devices that obtain, copy or link to content or information on the Site or with respect to the Site’s users, or affect the operation of the Site.

  11. Indemnity. As a condition of use of the Site, you agree to indemnify and hold harmless Tamara Mellon, its third party vendors and its affiliates and their officers, members, managers, directors, agents and employees against any and all liabilities, expenses (including, without limitation, attorneys’ fees and court costs) and damages arising out of or relating to any and all direct or indirect claims resulting from or relating to your breach of any provision of the Terms of Use or the Privacy Policy.

  12. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL TAMARA MELLON, ITS AFFILIATES, DIRECTORS, OFFICERS, MEMBERS AND MANAGERS OR ITS THIRD PARTY VENDORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO OR THAT ARISE OUT OF THE USE OF THE SITE, THE SERVICES OR PRODUCTS PROVIDED BY TAMARA MELLON, THE INABILITY TO USE THE SITE OR OTHERWISE.  THIS LIMITATION APPLIES WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF TAMARA MELLON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL OUR DAMAGES TO YOU, REGARDLESS OF THE BASIS FOR THE UNDERLYING CLAIM, EXCEED THE AMOUNT YOU HAVE PAID FOR PURCHASES ON THE SITE DURING THE SIX (6) MONTH PERIOD PRIOR TO BRINGING SUCH CLAIM.

  13. Links to other Sites. The Site may provide or contain links to other web sites.  Tamara Mellon makes no representations or warranties as to the goods or services offered through those sites, and by having a link on the Site to those sites, we are not hereby endorsing the goods or services offered through those sites.  You access such linked sites at your own risk and by accessing them you leave the Tamara Mellon Site.  Such linked sites are not under our control and we are not responsible for the contents of such sites or the terms of use and privacy practices of such sites.

  14. Governing law; Jurisdiction; Waiver of Jury Trial. The Terms of Use and Privacy Policy and any claims arising out of or relating to the Site, the Terms of User or the Privacy Policy or products or services provided by Tamara Mellon shall be governed by the laws of the State of California, without giving effect to its principles of conflicts of law and except that all claims with respect to copyrights, trademarks and patents shall be governed by United States federal laws to the extent applicable.  Any dispute relating in any way to the Site, your accessing the Site, any Products or Services listed or described on the Site, and the products and services provided by Tamara Mellon shall be adjudicated exclusively in the state and federal courts located or having jurisdiction in Los Angeles, California, U.S.A. and Tamara Mellon and you consent to exclusive jurisdiction and venue in such courts and you waive any and all rights to claim inconvenient forum or immunity.  YOU EXPRESSLY WAIVE ANY AND ALL OF YOUR RIGHTS TO A TRIAL BY JURY, INCLUDING, WITHOUT LIMITATION ANY STATUTORY RIGHTS.

  15. Site Policies, Modification, and Severability. The Terms of Use, Privacy Policy and the other policies posted on the Site govern your use of the Site.  We reserve the right to make changes to the Site, policies, the Terms of Use and the Privacy Policy at any time.  You agree that you are responsible to review the Terms of Use and Privacy Policy each time you access the Site.  Once posted on the Site, revised terms become effective two (2) days after posting.  If any of the terms of the Terms of Use or the Privacy Policy shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term.

  16. Headings; No Waiver. Headings are for reference purposes only and do not have any interpretative effect.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of the Terms of Use or Privacy Policy.

  17. Entire Agreement. The Terms of Use and the Privacy Policy constitutes the entire agreement between you and Tamara Mellon with respect to your use of the Site (additional terms apply with respect to purchases on the Site) and supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Tamara Mellon with respect to the Site.

  18. Cobbler Concierge. Tamara Mellon provides one free repair for each pair of shoes purchased from our site, for up to two years from date of purchase. A repair is defined as cleaning, minor scuff repair, and heel-tip replacements. Cobbler care is executed by a third party cobbler service, chosen by Tamara Mellon at its sole discretion. Complimentary shipping to and from the cobbler care provider is provided within the United States. Requests for cobbler care service must be submitted through the site at cobbler.tamaramellon.com. Tamara Mellon reserves the right to modify this program at any time.

  19. Tamara Mellon Referral Program. As a Referral Program member (a “Referrer”), you are subject to Tamara Mellon’s Terms of Use and Tamara Mellon’s Privacy Policy, as well as the following additional Terms & Conditions for Tamara Mellon’s referral program:

    • Qualified Referral. A Qualified Referral is defined as a purchase made at www.tamaramellon.com by a person (a "Referred Customer") who arrives to our website by clicking your Referral program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.

    • Referred Customer. The Referred Customer and the Referrer cannot be the same person.

    • Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an online order for the first time. 

    • Reward Payments. Rewards are payable in increments of $50. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards. Some exclusions may apply. Referral rewards may not be used towards purchases of "Limited Edition" or "Collaboration" items. 

    • Eligibility. Eligibility is limited to individuals only. Tamara Mellon’s Referral Program cannot be used by businesses for affiliate lead generation as determined in Tamara Mellon’s sole discretion. 

    • No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Tamara Mellon’s Referral Program.

    • Right to Close Accounts. Tamara Mellon reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Tamara Mellon Referral Program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.

    • Right to Cancel Program or Change Terms. Tamara Mellon reserves the right to cancel the Referral Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.

  20. Promotional Gift Cards. All Tamara Mellon promotional gift cards are limit one per order. They may not be combined, exchanged for cash or replaced if lost or stolen.

  21. Promotional Offers. All Tamara Mellon promotional offers are limit one per order. They may not be combined, exchanged for cash, or redeemed past their expiration period. Some exclusions may apply. Promotional Offers may not be used towards purchases of "Limited Edition" or "Collaboration" items, unless specifically indicated.

  22. Against The Grain Sweeps Official Rules.

    NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

    By entering into this Sweepstakes, I accept the terms and conditions and set forth in these Official Rules. I confirm I am at least 18 years old and have reached the age of majority in my jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi). By entering the sweepstakes, I agree to sign up to receive newsletters and special offers from Tamara Mellon and Fur (collectively, the “Associated Companies”). The Associated Companies have provided prizes to the Sweepstakes but only Tamara Mellon is sponsoring the sweepstakes and responsible for operating the Sweepstakes. No Purchase Necessary. A Purchase Will Not Increase Your Chances of Winning. The Sweepstakes is subject to federal, state, municipal, and local laws and regulations and is void where prohibited. (New Jersey Notice: This Sweepstakes is not void in New Jersey).

    • Eligibility: Against the Grain (the “Sweepstakes”) is open to anyone who is at least eighteen (18) years of age and has reached the age of majority in their jurisdiction of residence at the time of opt-in (19 in Alabama and Nebraska; 21 in Mississippi) and is a legal resident within the continental United States and has a valid email address. Employees, independent contractors, interns, officers, directors, and agents of Sponsor and the associated companies are not eligible to enter.

    • Sponsor: The Sweepstakes is sponsored by Tamara Mellon at 7966 Beverly Blvd., Suite 300, Los Angeles, CA 90048.

    • Agreement to Official Rules: By entering the Sweepstakes, you indicate your full and unconditional agreement to, and acceptance of, (a) these Official Rules and (b) Sponsor’s decisions, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. 

    • Entry Period: The Sweepstakes begins at 12:00 A.M. Pacific Time (PT) on February 10, 2020 (“Entry Period”). Entries submitted before or after the Entry Period will not be eligible. Sponsor’s computer is the official timekeeping device for the Sweepstakes. The Sweepstakes will end on February 14, 2020 at 11:50 P.M. Pacific Time (PT). Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible.

    • How to Enter: At the beginning of the Entry Period, you may enter the Sweepstakes by visiting the sweepstakes site {https://www.tamaramellon.com/pages/tm-fur-sweeps} (the “Sweepstakes Site”) and following the directions on completing the Sweepstakes entry form. There is a limit of one (1) entry per person/email address. Additional entries per person/email address, will not be acknowledged. Entrants are required to provide accurate, valid and truthful information at all times. The use of an agency or any automated system to enter is strictly prohibited and Sponsor reserves the right to disqualify any entries received through such methods, as determined by Sponsor, in its sole discretion.

      By entering the Giveaway in accordance with the entry process described above, you will be registering to receive email communication from Tamara Mellon and Fur and agreeing that your registration and any other information collected in connection with the Sweepstakes may be used by the following partners: https://www.tamaramellon.com/pages/privacy-policy and https://furyou.com/pages/privacy.  

    • Drawing: After the Entry Period, on or about February 25, 2020. Sponsor will select one (1) potential winner in a random drawing of all entries received. The odds of being selected depend on the number of entries received.

    • Notification and Requirements of Potential Winners: Sponsor will attempt to notify potential winner within five (5) business days of the drawing by email. If a potential winner does not respond within seven (7) calendar days after the notice is sent, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. Only three (3) alternate potential winners will be contacted. Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release. If a potential winner fails to sign and return these documents within the required time period, an alternate potential winner may be selected in his/her place in a random drawing of all remaining entries received. Only three (3) alternate potential winners may be contacted.

    • Prize(s): One (1) grand prize (“Prize”) will be awarded and one (1) winner (“Winner”) will be chosen.

    • Description of Prizes: Grand Prize (total value of $667.00) consists of one (1) Tamara Mellon online gift card for $500.00 to shop www.tamaramellon.com; one (1) Fur Full Frontal set for $102.00; and one (1) Fur Bath Bundle for $65.00. The Prize is not transferable or redeemable in cash and must be accepted as awarded.

    • General Conditions: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize(s) at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. Proof of sending any communication to Sponsor by mail shall not be deemed proof of receipt of that communication by Sponsor. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted email address.

    • Release and Limitations of Liability: By participating in the Sweepstakes, you agree to release and hold harmless Sponsor, its parents, subsidiaries, affiliates, the prize providers, participating companies, and each of their respective officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone, or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. You further agree that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

    • Privacy and Use of Information Submitted; Publicity: Any information you submit as part of the Sweepstakes will be used for purposes of this Sweepstakes and treated in accordance with Sponsor’s Privacy Policy as otherwise set forth in these Official Rules. Except where prohibited, participation in the Sweepstakes constitutes an entrant’s consent to Sponsor’s use of his/her name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.

    • Use of Entrant Information: By entering the Sweepstakes, you acknowledge and agree that Sponsor and the participating companies Tamara Mellon and Fur will use Entrant’s information, including, without limitation, your e-mail address, for general solicitation, marketing, or other business or promotional activities in connection with the services and products provided by Sponsor or the participating companies. You may at any time revoke the use of such information by providing written notice to Sponsor and each other participating company using the following addresses or by responding to a marketing email using the unsubscribe link provided in the email. Please note that your opt-out preference will apply to marketing communication and may not apply to transactional communication including those associated with your entry.

    • Disputes: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in Los Angeles, California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

    • Third Party Platforms: If this Sweepstakes is hosted, administered, or operated on a third party platform, including without limitation a social media platform (e.g. Facebook or Twitter) (“Third Party Platform”), then by participating in this Sweepstakes, entrants hereby release and agree to comply with all rules and policies set forth by such Third Party Platform and to hold harmless such Third Party Platform from any and all liability, loss or damages arising from or in connection with the awarding, receipt, and/or use or misuse of prizes or participation in any prize related activities. Unless otherwise stated to the contrary in these Official Rules, this Sweepstakes is not sponsored, endorsed or administered by, or associated with, any Third-Party Platform.

    • Results: To request a winners list, send a self-addressed, stamped envelope to Tamara Mellon at 7966 Beverly Blvd., 300, Los Angeles, CA 90048. Requests must be received within four (4) weeks of the end of the Entry Period.

Copyright ©2018 Tamara Mellon Brand, Inc. and other logos or trademarks listed herein are trademarks of Tamara Mellon Brand, Inc. in the U.S. and other countries. All rights reserved.

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