TuxedoDrive Terms of Use

Version 1.0 Last Revised: October 1, 2025

Overview

The website located at tuxedodrive.com (the “Site”) is a copyrighted work belonging to Tuxedo Drive (“Company”, “us”, “our”, and “we”).

Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

Agreement to Terms

These Terms of Use (these “Terms”) set forth the legally binding terms and conditions that govern your use of the Site. By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms.

You may not access or use the Site or accept the Terms if you are not at least 18 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.

⚠️ Important Notice: Dispute Resolution

PLEASE BE AWARE THAT SECTION 8 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY.

Among other things, Section 8 includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 8 also contains a class action and jury trial waiver.

What This Means

Unless you opt out of the agreement to arbitrate within 30 days:

You will only be permitted to pursue disputes or claims against us on an individual basis, not as a plaintiff or class member in any class or representative action
You are waiving your right to pursue disputes in a court of law and to have a jury trial

1. Accounts

Account Creation

In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.

You represent and warrant that: - All required registration information you submit is truthful and accurate - You will maintain the accuracy of such information

You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section 7.

Account Responsibilities

You are responsible for: - Maintaining the confidentiality of your Account login information - All activities that occur under your Account - Immediately notifying Company of any unauthorized use or suspected unauthorized use of your Account

Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Site

License

Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.

Restrictions

The rights granted to you in these Terms are subject to the following restrictions:

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site
You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site
You shall not access the Site in order to build a similar or competitive website, product, or service
No part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, except as expressly stated herein

All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.

Modification

Company reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.

No Support or Maintenance

You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site.

Ownership

You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers.

Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in this section. Company and its suppliers reserve all rights not granted in these Terms.

Feedback

If you provide Company with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.

Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

3. Indemnification

You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of:

Your use of the Site
Your violation of these Terms
Your violation of applicable laws or regulations

Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

4. Third-Party Links & Other Users

Third-Party Links & Ads

The Site may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).

Important: - Third-Party Links & Ads are not under Company’s control - Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads - You use all Third-Party Links & Ads at your own risk

When you click on any Third-Party Links & Ads, the applicable third party’s terms and policies apply, including their privacy and data gathering practices.

Other Users

Your interactions with other Site users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.

Release

You hereby release and forever discharge Company (and our officers, employees, agents, successors, and assigns) from each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to:

The Site
Any interactions with other Site users
Any Third-Party Links & Ads

California Residents: You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release.”

5. Disclaimers

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.

Company (and our suppliers) expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including:

Warranties of MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
TITLE
QUIET ENJOYMENT
ACCURACY
NON-INFRINGEMENT

We make no warranty that the Site will: - Meet your requirements - Be available on an uninterrupted, timely, secure, or error-free basis - Be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe

If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to 90 days from the date of first use.

Note: Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts, so the above exclusions may not apply to you.

6. Limitation on Liability

Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

Lost profits or lost data
Costs of procurement of substitute products
Any indirect, consequential, exemplary, incidental, special or punitive damages

This applies even if Company has been advised of the possibility of such damages.

Access to and use of the Site is at your own discretion and risk. You will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

Damage Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, our liability to you for any damages arising from or related to these Terms will at all times be limited to a maximum of fifty US dollars ($50).

The existence of more than one claim will not enlarge this limit.

Note: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

7. Term and Termination

Subject to this Section, these Terms will remain in full force and effect while you use the Site.

Termination Rights

We may suspend or terminate your rights to use the Site (including your Account) at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.

Upon termination: - Your Account and right to access and use the Site will terminate immediately - Company will not have any liability whatsoever to you for termination

Survival

Even after termination, certain provisions of these Terms will remain in effect, including Sections 2.2 through 2.6 and Sections 3 through 8.

8. Dispute Resolution & Arbitration

Changes to Terms

These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by: - Sending an e-mail to the last e-mail address you provided to us - Prominently posting notice of the changes on our Site

You are responsible for providing us with your most current e-mail address. Continued use of our Site following notice of changes indicates your acknowledgement and agreement to be bound by such changes.

Arbitration Agreement

Please read this arbitration agreement carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief.

Applicability

You agree that any dispute between you and Company relating to the Site, the Services, or these Terms will be resolved by binding arbitration, rather than in court, except that:

You and Company may assert individualized claims in small claims court if the claims qualify
You or Company may seek equitable relief in court for infringement or other misuse of intellectual property rights

This Arbitration Agreement survives the expiration or termination of these Terms.

Informal Dispute Resolution

Before commencing arbitration, you and Company agree to first participate in a good faith Informal Dispute Resolution Conference (telephonically or via videoconference).

To initiate: Send written notice to privacy@tuxedodrive.com or to 2955 Shell Road, Brooklyn, New York 11224

Notice must include: 1. Your name, telephone number, mailing address, e-mail address 2. Your counsel’s information (if represented) 3. A description of your Dispute

The conference must occur within 45 days after the other party receives notice. This is a required condition precedent to arbitration.

Arbitration Rules and Forum

If informal resolution fails within 60 days, either party may initiate binding arbitration through JAMS (Judicial Arbitration and Mediation Services).

Applicable rules: - Disputes under $250,000: JAMS Streamlined Arbitration Rules - All other claims: JAMS Comprehensive Arbitration Rules

The arbitration will be conducted in the county where you reside, unless otherwise agreed.

Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.

An arbitrator can award the same damages and relief as a court. However, there is no judge or jury in arbitration, and court review of an arbitration award is very limited.

Waiver of Class Action

YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS.

Only individual relief is available. Disputes of more than one customer or user cannot be arbitrated or consolidated.

30-Day Right to Opt Out

You have the right to opt out of this Arbitration Agreement by sending written notice within 30 days after first becoming subject to these Terms.

Send opt-out notice to: - Email: privacy@tuxedodrive.com - Mail: 2955 Shell Road, Brooklyn, New York 11224

Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement.

If you opt out, all other parts of these Terms will continue to apply to you.

9. General Provisions

Export

The Site may be subject to U.S. export control laws. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company in violation of United States export laws or regulations.

Disclosures

Company is located at 2955 Shell Road, Brooklyn, New York 11224.

California residents: You may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications

The communications between you and Company use electronic means. For contractual purposes, you:

Consent to receive communications from Company in electronic form
Agree that all terms, agreements, notices, and disclosures that Company provides electronically satisfy any legal requirement for hardcopy writing

Entire Agreement

These Terms constitute the entire agreement between you and Company regarding use of the Site.

Key points: - Our failure to enforce any provision does not waive that provision - If any provision is invalid, other provisions remain in effect - You may not assign these Terms without our prior written consent - Company may freely assign these Terms

Copyright & Trademark

All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of third parties. You may not use these Marks without prior written consent.

Contact Information

Privacy Specialist

Tuxedo Drive 2955 Shell Road Brooklyn, New York 11224

Email: privacy@tuxedodrive.com