Terms of Use

These Terms of Use (the “Terms”) are entered into between you (“you,” or “User”) and TIGER 21, LLC (“TIGER 21,” “Company,” “we,” “us,” and “our”).  These Terms govern your access to and use of TIGER 21 services offered on the T21 Connect mobile and/or web application (collectively, the “App”). The App is published, owned, and operated by TIGER 21.

By accessing, browsing, submitting information to and/or using the App, you agree and acknowledge on your own behalf that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state and local tax and tariff laws, regulations, and/or directives.  If you do not agree to these Terms, do not use the App.

Purpose of the App. 

The App is provided solely for informational purposes and the purposes of enabling communication between you and TIGER 21. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.

We do not warrant the accuracy, completeness, or usefulness of this information at any particular time.  Any reliance you place on such information is strictly at your own risk. TIGER 21 disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our App, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by TIGER 21 through the App shall be handled in accordance with the App’s Privacy Policy, which is hereby incorporated by reference.

Use of the App. 

TIGER 21 grants you a non-exclusive right to access and use the App and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the App shall be limited to non-commercial purposes and only while being an active Member of TIGER 21. You agree to use the App only for lawful purposes, comply with all rules governing any transactions on and through the App and comply with applicable laws.User Account Responsibility. 

If you are given, or if you create, an account (including any password) to access the App, you are responsible for maintaining the confidentiality and security of your account, including all of your passwords.  You are responsible for all activities that occur under your account and you agree to notify TIGER 21 immediately of any unauthorized use of your account.  TIGER 21 is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

You agree that you will not:

  1. Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of them;
  2. Attempt to gain unauthorized access to any App account, computer systems or networks associated with TIGER 21 or the App;
  3. Obtain or attempt to obtain any materials or information through the App by any means not intentionally made available or provided by TIGER 21;
  4. Use any robot, spider, or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App;
  5. Use the App to post advertisements;
  6. Use the App to post or share material that is inappropriate or that could reasonably be deemed defamatory, offensive, or obscene;
  7. Use the App to harass, cause distress or inconvenience to, or infringe the rights of, another person;
  8. Use the App in any way that may contrevene your Membership Code of Conduct, which was signed as a part of your Membership Agreement;
  9. Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
  10. Attack the App via a denial-of-service attack or a distributed denial-of-service attack; or
  11. Impersonate or attempt to impersonate TIGER 21, a TIGER 21 employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

TIGER 21 reserves the right to remove Your Content (as defined below), as well as any comments or posts you contribute to the App.
 

Terms and Limitations of the App

The “Mobile Features” are the features of the Services that you may use or access through your mobile device.  Mobile device carriers may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, mobile device carriers may charge you for standard messaging, data, and other fees to participate in Mobile Features. TIGER 21 assumes no responsibility or liability for any fees or charges you incur when using the Mobile Features. You are solely responsible for any fees or charges that may apply with respect to the Mobile Features, as well as determining what plans are available and how much they cost.

You acknowledge and agree that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS).

TIGER 21 expressly disclaims any liability arising from your use of the App on an incompatible mobile device or in the event that you download the wrong version of the App for your mobile device. TIGER 21 reserves the right to terminate your use of the App or any other aspect of the App should you use the App with an incompatible or unauthorized device.

App Store Sourced Application.With respect to the App accessed through or downloaded from the Apple App Store or Google Play Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (A) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) that you own or control or an Android (Google’s proprietary operating system software); and (B) as permitted by the “Usage Rules” set forth in either the Apple App Store Terms of Service or Google Play Store Terms of Service as appropriate. TIGER 21 reserves all rights in and to the App not expressly granted to you under these Terms.

Acknowledgement. You acknowledge and agree that (A) these Terms are valid between you and TIGER 21 only, (B) Apple and Google are not a party to these Terms other than as a third-party beneficiary as contemplated below, and (C) TIGER 21, not Apple or Google, is solely responsible for the App Store Sourced Application content.

Scope of License.  The license granted to you for the App Store Sources Application is limited to a non-transferable license to use the App Store Sources Application on any Apple or Android device that you own or control and only as permitted by the Usage Rules.

Maintenance and Support.  You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application. TIGER 21 is solely responsible for providing any maintenance and support services with respect to the App Store Sourced Application, as specified herein or as required under applicable law.

Warranty.  TIGER 21 is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.  In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple or Google and Apple or Google will refund the purchase price (currently no cost) of the App Store Sourced Application to you. To the maximum extent permitted by applicable law, Apple and Google will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be TIGER 21’s sole responsibility.

Product Claims.  Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you and TIGER 21 acknowledge that TIGER 21, not Apple or Google, is responsible for addressing any of your claims or any third-party claims relating to the App Store Sourced Application or your possession and/or use thereof, including, but not limited, to: (A) product liability claims, (B) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (C) claims arising under consumer protection or similar legislation.

Intellectual Property Rights.  You and TIGER 21 acknowledge and agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third-party’s intellectual property rights, you will not hold Apple or Google responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.  TIGER 21 is solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

Legal Compliance.  You represent and warrant that (A) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (B) you are not listed on any U.S. Government list of prohibited or restricted parties.

Third-Party Beneficiary.  You acknowledge and agree that Apple, Apple’s subsidiaries, Google and Google’s subsidiaries are third-party beneficiaries of this subsection of the Terms regarding App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this subsection of the Terms regarding App Store Sourced Applications against you as a third-party beneficiary thereof.

Third-party Apps and Websites

The App may contain links to apps, websites, and platforms controlled or operated by persons and companies other than TIGER 21 (“Linked Sites”). Linked Sites are not under the control of TIGER 21, and TIGER 21 is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. TIGER 21 is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site.  TIGER 21 is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TIGER 21 of the site or any association with its operators.  You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites.  You are solely responsible for any dealings with third parties who support TIGER 21 or are identified in the App, including any delivery of and payment for goods and services.

Linking to the App and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This App may provide certain social media features that enable you to:

  • Link from your own or certain third-party Apps to certain Content on this App;
  • Send emails or other communications with certain Content, or links to certain Content, on this App;
  • Cause portions of Content on this App to be displayed or appear to be displayed on your own or certain third-party Apps.

You may use the feature solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, Subject to the foregoing, you must not:

  • Establish a link from any App that is not owned by you
  • Cause our App or any portion of it to be displayed, or appear to be displayed on any other App;
  • Link to any part of the App other than the homepage;
  • Otherwise take any action with respect to the Content on this App that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, request that you remove any link to the App, and upon receipt of such request, you shall immediately remove such link. We may also disable all or any social media features and any link at any time without notice in our sole discretion.

Third-party Applications. 

You acknowledge that your access and use of any third-party applications or software on our App and Content (the “Third-party Applications”) is at your discretion and risk, and TIGER 21 has no liability to you arising from your use of the Third-party Applications.  TIGER 21 hereby disclaims any representation, warranty, or guaranty regarding the Third-party Applications, whether expressed, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty, or guaranty regarding the availability, quality, reliability, features, appropriateness, accuracy, completeness, or legality of the Third-party Applications, and you agree to indemnify and hold TIGER 21 harmless for any direct, indirect, punitive, incidental, special, or consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, arising out of or in any way connected with your use or performance of the Third-party Applications.

Intellectual Property Notices. 

The App and Content are protected by copyrights, trademarks, or are subject to other proprietary rights.  Accordingly, you are not permitted to use the App or Content in any manner, except as expressly permitted by TIGER 21 in these Terms. The App and Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of TIGER 21 or applicable owner.

Copyright. You should assume that everything you see or read on TIGER 21’s App is copyrighted unless otherwise noted and may not be used without the written permission of TIGER 21. TIGER 21 neither warrants nor represents that your use of materials displayed on TIGER 21’s App will not infringe the rights of third parties. Content, images, photographs, data, or illustrations displayed on TIGER 21’s App is either property of, or used with permission by, TIGER 21. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on TIGER 21’s App. Any unauthorized use of any content, images, photographs, or illustrations may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Trademark. Nothing contained on TIGER 21’s App should be construed as granting or conveying, by implication, or otherwise, any license or right to use any trademark displayed on TIGER 21’s App without the written permission of TIGER 21 or such third party that may own a trademark displayed on TIGER 21’s App. Your misuse of TIGER 21’s trademark(s) displayed on TIGER 21’s App, or any other Content on TIGER 21’s App, except as provided herein, is strictly prohibited.

Your Content.  Any Content you create or own or to which you have a license and use on the App is Your Content. In sharing Your Content on the App, you warrant and represent you have the legal right to use Your Content and grant TIGER 21 an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any App services as described in these Terms and in any posted policies on the App. The App services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require our TIGER 21 systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share. 

You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the App. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate.  You further acknowledge that, in the event of any such unauthorized use, TIGER 21 or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use. 

NOTE:  YOU ARE PROHIBITTED FROM POSTING OR SHARING ANY CONTENT THAT CONSTITUTING A “PROHIBITTED USE” AS IDENTIFIED IN SECTION 4, OR FROM ANY OBJECTIONABLE CONTENT WHICH INCLUDES, BUT IS NOT LIMITED TO, CONTENT THAT CONSTITUTES OR PROMOTES ILLEGAL ACTIVITY, INTELLECTUAL PROPERTY THEFT, SEXUALLY EXPLICIT MATERIAL, HARRASSMENT, INTIMIDATION, OR ANY VIOLATION OF THESE TERMS.

Questions regarding the use of any intellectual property provided on the App should be directed to itsupport@tiger21.com.

Global Users. 

TIGER 21 is based in the state of New York in the United States. TIGER 21 provides this App for use only by persons located in the United States. We make no claims that the App or any of its contents are accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries.

Disclaimer. 

EXCEPT AS MAY OTHERWISE BE EXPRESSLY PROVIDED IN THESE TERMS, ALL INFORMATION, CONTENT, OR SERVICES PROVIDED BY TIGER 21 TO YOU VIA THE APP, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. TIGER 21 AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, TIGER 21 AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY OR AVAILABILITY OF THE APP OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE APP. YOU SPECIFICALLY ACKNOWLEDGE THAT TIGER 21 AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE APP AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER TIGER 21 NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT OR COVENANT THAT THE APP WILL BE SECURE, UNINTERRUPTED OR ERROR-FREE. TIGER 21 FURTHER MAKES NO WARRANTY THAT THE APP WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT TIGER 21, ITS AFFILIATES AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE APP OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST TIGER 21 FOR DISSATISFACTION WITH THE APP OR THE CONTENT IS TO CEASE YOUR USE OF THE APP AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL TIGER 21 OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE APP, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE APP OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE APP, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF TIGER 21 OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE APP SUBJECT TO THESE TERMS OF USE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.” SOME  STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE SHORTEST DURATION PERMITTED BY LAW.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  IN ANY CASE, TIGER 21’S AND ITS LICENSORS’ ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VENDOR FOR THE PLATFORM IN THE SIX (6) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY, OR TEN DOLLARS ($10.00), WHICHEVER IS GREATER.

Indemnity.

You agree to defend, indemnify and hold harmless TIGER 21 and its affiliates, directors, officers, employees, and/or agents (collectively, “TIGER 21 Indemnitees”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) that may be incurred by any of TIGER 21 Indemnitees arising out of or relating to Your Content, your violation of these Terms, your violation of any applicable laws, rules or regulations in connection with the App, or from any other misuse of the App.  You agree that in the event any claim, allegation, suit or similar proceeding is commenced by a third party against any of TIGER 21 Indemnitees, that you will pay for the defense thereof, including reasonable attorneys’ fees and costs. Notwithstanding any of the foregoing, TIGER 21 reserves the right to assume the exclusive defense and control of any proceeding that relates to TIGER 21, the App, or any aspects thereof, whether or not subject to indemnification hereunder, and in such case you will cooperate fully with TIGER 21 in our defense thereof.

Termination and Restriction of Access.

In its sole discretion, TIGER 21 may terminate or suspend your access to the App for breach of these Terms or for any reason whatsoever, with or without notice. TIGER 21 shall not be liable for any losses or damages arising from any such termination of service.

Arbitration. 

At its sole discretion, TIGER 21 may require you to submit any disputes arising from use of the App, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.  By using the App, you hereby consent to submission of any dispute to be final and binding arbitration.

Limitation on Time to File Claims. 

Any cause of action or claim you may have arising out of or relating to these Terms or the App must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Governing Law & Jurisdiction. 

These Terms are governed by the laws of the State of New York, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in New York City, New York, U.S.A. in all disputes arising out of or relating to the use of the App. The parties have required that this agreement and all documents related to this agreement be drawn up in English.  As to any ambiguities resulting from translation from English to any other language, provisions in the English language shall be controlling in all respects.  PURSUANT TO ARTICLE 6 OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (“UN CONVENTION”), THE PARTIES AGREE THAT THE UN CONVENTION WILL NOT APPLY TO THIS AGREEMENT.

Changes to these Terms of Use.

TIGER 21 may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by TIGER 21. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the App after any such change is communicated shall constitute your consent to such change(s).

General.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TIGER 21 as a result of these Terms or use of the App.  You may not assign these Terms without the prior written consent of TIGER 21 in all instances.  TIGER 21 may assign these Terms, in whole or in part, at any time.  TIGER 21’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of TIGER 21’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by TIGER 21 with respect to such use. 

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. 

These Terms, including the Privacy Policy and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and TIGER 21 with respect to the App, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and TIGER 21. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

TIGER 21 Contact Information. 

Questions can be directed to TIGER 21 at: itsupport@tiger21.com

Privacy Policy

General

We know that your privacy is important to you, and we work hard to earn and keep your trust.  TIGER 21, LLC (collectively with its subsidiaries, “TIGER 21,” “Company,” “we,” “us,” and “our”) respects your privacy and is committed to protecting your privacy through our compliance with this Privacy Policy (the “Policy”).

This Policy describes:

  • The types of information we collect from you or that you may provide when you download and use our mobile and/or web application T21 Connect (collectively, our “App”). 

  • Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This Policy applies to information we collect on this App or in emails and other electronic messages between you and this App, and information gathered when you interact with our advertising on third-party websites if such advertisements include links to this Policy.

This Policy does not apply to information collected by us offline or through any other means, including on any other app, website, or service operated by TIGER 21 or any third party, or information collected by any third party through any application or content (including advertising) that may link to or be accessible from the App (for further information, see below, “Third-party Services”).

Please read this Policy carefully to understand our practices regarding your information and how we will treat it.  If you do not agree with our policies and practices, then please do not use our App.  By using our App, you agree to the terms of this Policy.  This Policy may change from time to time (see below, “Changes to this Policy”).  Your continued use of our App after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

App Terms of Use; Other Agreements

This Policy should be read in conjunction with any applicable Terms of Use, into which this Policy is incorporated by reference.

What We Collect and How We Collect It

To ensure that we provide you with the best possible experience, we will store, use, and share personal information about you in accordance with this Policy.  Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). In particular, the App may collect the following categories of Personal Information from users of the App:

  • First and last name;
  • Email address;
  • Phone number;
  • Mailing address;
  • Expertise;
  • Photos or images;
  • Areas of interest

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, when you:
    • register yourself with the App;
    • place an online order;
    • subscribe to one of our e-newsletters;
    • review or comment on one of our products;
    • submit a job application; or
    • communicate with us, such as request information.

  • Indirectly from you. For example, through information we collect from you in the course of providing our services to you.

  • Directly and indirectly from activity on our App. For example, from App usage details that are collected automatically. For more information on automatic information collection, please review the “Automated Information Collection” section below.

The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information via email or free text boxes, such as contacting TIGER 21 to request further information.  When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information or other sensitive personal data, unless required for our services. 

Additionally, we may ask you to create a username and password that should only be known to you.  When you provide this information to us, you are no longer anonymous.  Moreover, we may receive information about you from other sources and add it to the information you have provided to us.

Automated Information Collection

In addition to the information that you provide to us, we may also collect information about you during your visit to our App.  We collect this information using automated tools that are detailed below.  These tools may collect information about your behavior and your device, such as your internet address (IP Address), the screens you have viewed, and the actions you have taken while using the App.  Some of the tools we use to automatically collect information about you may include analytical services and mobile applications ID’s.

How We Use Your Information

The information we gather and that you provide is collected to provide you information and the services you request, in addition to various other purposes, including, but not limited to:

  • providing the information, products and services you request;
  • security, credit or fraud prevention purposes;
  • providing you with effective customer service;
  • providing you with a personalized experience when you use this App;
  • contacting you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us);
  • contacting you with information and notices related to your use of this App;
  • inviting you to participate in surveys and providing feedback to us (in accordance with any privacy preferences you have expressed to us);
  • better understanding your needs and interests;
  • improving the content, functionality and usability of this App;
  • improving our products and services;
  • improving our marketing and promotional efforts; and
  • any other purpose identified in an applicable privacy notice, click-through agreement or other agreement between you and us.

Duration. The length of time TIGER 21 intends to retain Personal Information, including sensitive information is for as long as is necessary to carry out TIGER 21’s intended business purpose for such information. 

How We Disclose Your Information

We do not sell or lease your Personal Information to any third party.  We may disclose your Personal Information to a third party for a business purpose. When we disclose your Personal Information, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract.

We may disclose your Personal Information for a business purpose to the following categories of third parties:

  • Our affiliates; and
  • Third party vendors who provide services that enhance our App, products and services to you (such as vendors for credit card processing, advertising and marketing and customer support).

Except as described in this Policy, we will not share your information with third parties without your notice and consent, unless it is under one of the following circumstances: 

  • Legal Reasons.
  • We believe that disclosure is reasonably necessary to comply with any applicable law, regulation, subpoena, or court order;
    • To respond to duly authorized information requests from law enforcement or other governmental authorities;
    • To enforce our agreements, policies, or the Terms of Use;
    • To investigate and prevent security threats, fraud, or other malicious activity; or
    • To respond to an emergency that we believe in good faith requires us to disclose such information to assist in preventing the death or serious bodily injury of any person or TIGER 21 employee.
  • Sale of Business or Merger. There are circumstances where TIGER 21 may decide to buy, sell, or reorganize its business in selected countries.  Under these circumstances, it may be necessary to share or receive Personal Information with prospective or actual partners or affiliates. In such circumstances, TIGER 21 will ensure your information is used in accordance with this Policy.

Your Choices and Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information.

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed.  Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services, and are not intended for the purposes of marketing.

We will not intentionally send you email newsletters and marketing emails unless you consent to receive such marketing information.  After you request to receive these emails, you may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email.  Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided.

Accuracy and Access to Your Personal Information

We strive to maintain and process your information accurately.  We have processes in place to maintain all of our information in accordance with relevant data governance frameworks and legal requirements.  We employ technologies designed to help us maintain information accuracy on input and processing.

Where we can provide you access to your Personal Information in our possession, we will always ask you for a username and password to help protect your privacy and security.  We recommend that you keep your password safe, that you change it periodically, and that you do not disclose it to any other person or allow any other person to use it. 

To view and change the Personal Information that you have provided to us, you can log in to your account and follow the instructions on that webpage, or contact us directly for assistance.

Information of Minors

We do not intentionally seek to gather information from individuals under the age of eighteen (18).  We do not target the App to minors, and would not expect them to be engaging with our App or services.  We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet.  If we are aware of any Personal Information that we have collected about minors, we will take steps to securely remove it from our systems.  

Third-party Services

This Policy does not apply to applications, services, websites or other domains that are maintained or operated by third parties or our affiliates.  Our App may link to third-party websites and services. These links are not endorsements of these websites, and this Policy does not extend to them.  Because this Policy is not enforced on these third-party services, we encourage you to read any posted privacy policy of the third-party service before using the service and providing any information. 

Your Rights Under State Law

California

  • Shine the Light law.  Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
  • Do Not Track Signals.  Other than as disclosed in this Policy, the App does not track users over time and across third-party websites to provide targeted advertising.  Therefore, the App does not operate any differently when it receives Do Not Track (“DNT”) signals from your internet web browser.
  • WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION. If we ever decide to “sell” or “share” Personal Information, as those terms are defined under the California Consumer Privacy Act of 2018, we will update you via this Policy and include a link entitled “Do Not Sell or Share My Personal Information,” to provide you with an opportunity to opt out of the selling or sharing of your Personal Information.

For App Users or Visitors Outside of the United States

We do not warrant or represent that this Policy or the App’s use of your Personal Information complies with the laws of any particular jurisdiction.  Furthermore, to provide you with our services, we may store, process, and transmit information in the United States and other locations around the world, including countries that may not have the same privacy and security laws as yours.  Regardless of the country in which such information is stored, we will process your Personal Information in accordance with this Policy. 

For App Users or Visitors in the European Union (“EU”)

Under the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, or “GDPR”), individuals in the EU are afforded specific rights with respect to their Personal Information, or “personal data” as defined under the GDPR.  For the purposes of this Policy, TIGER 21 operates as a data controller.  Any personal data we collect from you is processed in the United States and under the terms of this Policy. 

Any personal data we collect from you is processed in the legitimate interest of our business and providing our services to you as the lawful means of such processing.  You may always withdraw your consent to our use of your personal data as described below.  We will only retain your personal data for the time necessary to provide you the information and services to which you have consented, to comply with the law and in accordance with your rights below.

The Data Controller is:

NAME: TIGER 21, LLC

EMAIL ADDRESS: itsupport@tiger21.com

You can exercise any of the following rights, subject to verification of your identity, by notifying us as described below:

  • Access. You may email us at itsupport@tiger21.com to request a copy of the personal data our App databases currently contain.
  • Automated Processing and Decision-Making.  You may email us at itsupport@tiger21.com to request that we stop using your personal data for automated processing, such as profiling.  In your email, please explain how you wish us to restrict automated processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data.

  • Correction or Rectification. You can correct what personal data our App database currently contains by accessing your account directly, or by emailing us at itsupport@tiger21.com to request that we correct or rectify any personal data that you have provided to us.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause information to be incorrect. Where applicable, we will ensure such changes are shared with trusted third parties. 

  • Restrict Processing. When applicable, you may restrict the processing of your personal data by submitting a request via email to itsupport@tiger21.com. In your email, please explain how you wish us to restrict processing of your personal data.  When such restrictions are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties. 

  • Object to Processing. When applicable, you have the right to object to the processing of your personal data by submitting a request via email to itsupport@tiger21.com.  When such objections are not possible, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent to the processing of your personal data. Where applicable, we will ensure such changes are shared with trusted third parties.   

  • Portability. Upon request and when possible, we can provide you with copies of your personal data.  You may submit a request via email to itsupport@tiger21.com.  When such a request cannot be honored, we will advise you accordingly.  You can then choose to exercise any other rights under this Policy, to include withdrawing your consent.  Where applicable, we will ensure such changes are shared with any trusted third parties.
     
  • Withdraw Consent. At any time, you may withdraw your consent to our processing of your personal data through this App by notifying us via email at itsupport@tiger21.com.  Using the same email address associated with your App account, simply type the words “WITHDRAW CONSENT” in the subject line of your email.  Upon receipt of such a withdrawal of consent, we will confirm receipt and proceed to stop processing your personal data.  Where applicable, we will ensure such changes are shared with trusted third parties. 

  • Erasure. If you should wish to cease use of our App and have your personal data deleted from our App, then you may submit a request by emailing us at itsupport@tiger21.com.  Upon receipt of such a request for erasure, we will confirm receipt and will confirm once your personal data has been deleted.  Where applicable, we will ensure such changes are shared with trusted third parties. 

  • Submit Complaints or Questions. If you wish to raise a complaint on how we have handled your personal data, you can contact us as described below.  If you reside in a European Union member state, you may also lodge a complaint with the supervisory authority in your country.

Safeguarding the Information We Collect

We use reasonable technical, administrative, and physical safeguards in order to protect your Personal Information against accidental loss and from unauthorized access, use, alteration, and disclosure.  However, we can never promise 100% security.  You have a responsibility, as well, to safeguard your information through the proper use and security of any online credentials used to access your Personal Information, such as a username and password.  If you believe your credentials have been compromised, please change your password. Please also notify us of any actual or suspected unauthorized use.     

Changes to this Policy

This Policy describes our current policies and practices with regard to the information we collect through this App. We are continually improving and adding to the features and functionality of this App along with the products and services we offer through this App. If we make any changes to this Policy, a revised Policy will be posted on this webpage and the date of the change will be reported in the “Last Revised” block above. You can get to this page from any of our webpages by clicking on the “Privacy Policy” link (usually at the bottom of the screen).

How to Contact Us

We value your opinions and welcome your feedback.  To contact us about this Policy or your Personal Information, please contact us by email at itsupport@tiger21.com.