Conditions of use

Welcome to TAYeveryday.com (the "Website"), the public, e-commerce website for TAY LLC. ("TAY", "We", or "Us"). The Website is provided
as a service to our customers and your use of this Website is governed by these terms and conditions (these "Terms and Conditions"). By
using this Website, you acknowledge and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may
not access or use the Website. We may change these Terms and Conditions at any time, without notice to you. Such changes are effective
when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered
acceptance of such changes. Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical
purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear in bold text
inside quotation marks.

The products We make available on this Website are for your personal, non-commercial use only. You may only order products if you are
domiciled in the United States and you are 18 years old or older. Unless otherwise indicated, all prices on the Website are in US Dollars. You
agree to pay in full the prices for any purchases you make (including product and shipping costs) either by credit or debit card concurrent with
your online order or by other payment means acceptable to TAY. You agree to pay all applicable taxes, duties and clearance fees. If payment is
not received by Us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Us. Certain products
that you purchase on this Website may be subject to additional terms and conditions presented to you at the time of such purchase. We
reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for
quantities actually shipped.

The Content (as defined below) presented on this Website is intended for educational or informational purposes only. Such information is not
meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the
use of any goods, products or information available on or received from this Website. Your physician or health care practitioner should address
any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. In addition, the statements
made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily
occur in all individuals. Please consult with your own physician or health care practitioner regarding the use of any goods, products or
information received from this Web site before using or relying on them. Your physician or health care practitioner should address any and all
medical questions, concerns and decisions regarding the possible treatment of any medical condition. TAY does not give or intend to give any
answers to medical-related questions and this Website does not replace any medical professional or medical resource. TAY does not represent
itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on this Website. IF YOU
ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other
information or content on the Website. Any orders placed via the Website are not considered accepted until We have shipped the order. We
cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Website, to
change or update information or to cancel orders if any such information is inaccurate. We will not charge your credit card until your order
enters the shipping process. If We cancel any orders after your credit card has been charged, We will issue a credit to your account in the
amount charged.

We try to accurately display the colors of the products you see on the Website. However, We cannot guarantee that the colors you see on
your monitor will be accurate.

TAY and/or its licensors own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data,
computer code and other materials contained or displayed on the Website ("Content"), as well as the look and feel and the design of the
Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below),
patent rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant you ownership of any
Content on the Website.

The trademarks, logos, service marks and trade names (individually, a "Trademark" and collectively, the "Trademarks") displayed on the
Website or on content available through the Website are registered and unregistered Trademarks of TAY and others and may not be used
unless authorized by the Trademark owner. All Trademarks not owned by Us that appear on the Website or on or through the Website's
services, if any, are the property of their respective Trademark owner. Nothing contained on the Website should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that
of the third party Trademark owner. Your misuse of the Trademarks displayed on the Website is strictly prohibited.

Unless expressly permitted in these Terms and Conditions or with TAY’s written consent, you may not copy, reproduce, distribute, publish,
enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website.
TAY will aggressively enforce its intellectual property rights to the fullest extent of the law. You shall not: (i) engage in spidering, "screen
scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other
automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or
obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or
through the Website, including, without limitation, any information residing on any server or database connected to the Website or any
services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or
any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through
the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any
other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or "flooding" servers with
requests; (iv) use the Website or the Website's services or features in violation of TAY's or any third party's intellectual property or other
proprietary or legal rights; or (v) use the Website or the Website's services in violation of any applicable law. You further agree that you may not
attempt (or encourage or support any one else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the
Website and the Content, or make unauthorized use thereof. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made publicly available or provided for through the Website.

If you register with this Website or make a purchase via the Website, you will be asked to provide personal information to Us ("User
Information"). Our information collection and use policies with respect to such User Information are set forth in the Website's Privacy Policy
which is incorporated herein by reference for all purposes. You are responsible for keeping your "User Information" up to date and accurate.

We welcome your suggestions, feedback, ideas and other submissions ("Submitted Materials") about the Website, its Content, and our
products. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you,
that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant Us and our
affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right
and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and
export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.
We cannot be responsible for maintaining any Submitted Materials that you provide to us, and We may delete or destroy any such Submitted
Materials at any time. Any Submitted Materials will be deemed not to be confidential or secret, and may be used by Us in any manner
consistent with these Terms and Conditions and the Website'sPrivacy Policy.

 

If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the
Website. You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another web site (this
practice is sometimes referred to as "in-line" linking). You may not to link from any other web site to this Website in any manner such that the
Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all
of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other
website.

You may be able to link from the Website to third-party websites and third-party websites may link to the Website ("Linked Sites"). You
acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials
which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of TAY. Links to Linked Sites do not
constitute an endorsement or sponsorship by TAY of such websites or the information, content, products, services, advertising, code or other
materials presented on or through such websites. TAY is not responsible for any content that originates from any Linked Site and that is
embedded or otherwise transmitted through the Website.

You agree to defend, indemnify and hold TAY, its affiliates, and its and their directors, officers, employees and agents harmless from any and all
claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or
transmission of any message, content, information, software or other materials through the Website, your use of TAY products or your breach
or violation of the law or of these Terms and Conditions. TAY reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate withTAY's defense of such claim.

THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS
AND IMPLIED. WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED
THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO
WARRANTY THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TAY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR
DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE
WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, TAY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS
REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY
WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED
QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH TAY OR ITS AGENTS. ANY PRODUCTS
AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY TAY "AS IS." THE FOREGOING DISCLAIMERS DO NOT
APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE
SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND TAY OR ITS
LICENSOR OR SUPPLIER.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL TAY, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR
DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE
"PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE
CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, YOUR
PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN
USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED,
TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN
NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES
OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM
THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE
AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO TAY FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE
WEBSITE.

This Agreement is governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You
agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in New York County and You agree
to submit to the personal and exclusive jurisdiction of the courts located in New York County.

We may change, suspend or discontinue this Website at any time. We may restrict, suspend or terminate your access to the Website and/or its
services if We believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. We will
revoke the Website use privileges of users who are repeat infringers of intellectual property rights.

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If
any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and
Conditions remain in full force and effect.