Effective Date: April 18th, 2019
1. Bombfell's Services
Bombfell offers a service that gives you access to clothing, accessories, and other products (collectively, "Products") from established and up-and-coming brands. The Products are hand-selected by our dedicated personal stylists to fit your style and preference and shipped to you on a subscription basis ("Subscription Orders"). Additionally, our highest-quality, most exclusive Products may also be purchased directly through our Shop Favorites feature ("Shop Orders"). Where noted, certain terms differ, depending on whether you place a Subscription Order or a Shop Order. Although you may browse the Site or App as a visitor, only a Bombfell Client ("Client") may place either a Subscription Order or Shop Order.
To become a Client, you must first create a Bombfell Account ("Account") by providing your name, email address, billing information, and other registration information, and selecting a password (collectively, "Account Information"). Alternatively, you may be able to create an Account and become a Client using your valid social networking service ("SNS") account, by entering your SNS credentials and connecting to the Services. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). In order for the Services work best for you, please keep your Style Profile up to date.
You should keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and construe that as authorized access. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. Please notify us immediately if you become aware that your Account Information is being used without authorization. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account.
You may not use anyone else's Account at any time without the permission of the Account holder. You agree to not: (a) register for more than one Account; (b) register for an Account on behalf of an individual other than yourself without such individual's authorization; or (c) register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. We reserve the right to take steps to cancel service requests if we believe they are unauthorized or initiated by an individual under 18 years of age.
3. Shipments, Returns, and Exchanges
Notwithstanding anything to the contrary in these Terms, shipping, return and exchange of any Products or any other merchandise ordered through the Site or App, or in connection with your Account are subject to the Bombfell 'Shipping and Return Policy.
Shipments. When you sign up as a Client with Bombfell, we will send you some Products chosen by us, at our sole discretion. You will be able to preview the Products prior to shipment by either logging into your account or via an email that is delivered to the email associated with your account. You can modify the previewed order at any time prior to shipment, and upon receipt, try the Products on to see what you like during the 7-day try-on period ("7-Day Try-On Period"). The 7-Day Try-On Period runs from the date that your shipment arrives. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Payment section (below).
Pricing and Products. Bombfell does not disclose the prices of its Products until you receive a Styling Preview. While Bombfell makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee that every item in your order will satisfy those preferences. You are responsible for paying for all Products in your order which you keep, whether they conform to your Style Profile or not, unless you return the Products in accordance with our return policy. You are responsible for the payment of any Styling Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Bombfell may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your order invoice.
Returns. If you want to return any of the Products in your shipment, simply place them in the return package we provide and mail them back to us at no cost to you. Any returned Products must be postmarked with a date within the 7-Day Try-On Period (the "Return Date") and must be unworn, unused, unwashed, undamaged, with tags still attached (if applicable), and otherwise in the original condition. Returns are due back in the mail before your try-on period ends. Returns shipped within 30 days of delivery will be refunded to your original method of payment. Returns shipped more than 30 days and within 90 days of the delivery date are returnable for store credit only and will be subject to a restocking fee per item of 25% of the retail price. Returns received in damaged or used condition will not be refunded. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the shipment that you do not postmark back to us by the Return Date, and we will charge your Account for those Products any time after the Return Date. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Bombfell. We cannot guarantee that you will be able to exchange or replace any item. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Modifying Your Order. If you want to modify, or exchange any of the Products in, your order preview (e.g., for a different style or color), you can request an exchange by accessing your account. If an exchange is available for a particular Product, you will be given the choice to exchange.
Legal Details. Your scheduling of an order is an offer to purchase the Products. We may accept your offer by processing your payment and shipping your order. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
Placing Orders. From time to time, we may make certain of our Products available to Clients on a non-subscription basis. If you are a Client, you may purchase these Products as a Shop Order. To place a Shop Order, simply select the product you want to purchase, the desired quantity, and click "Add to Cart" When you’ve completed shopping, click the "Checkout" button and follow the instructions to checkout and complete your order. After submitting your order, if accepted, a confirmation page will be displayed and your order number will be provided. You will also receive an email confirmation shortly after your order has been submitted. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via email for assistance. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve (currently only the United States) or it is to an address that we determine is associated with fraudulent purchases. Shipping charges may apply. Please review our 'Shipping and Return Policyfor additional details.
Returns. Return shipping is free for Shop Orders, subject to the terms of our 'Shipping and Return Policy. Any returned Products must be unworn, unused, unwashed, undamaged, with tags still attached (if applicable), and otherwise in the original condition. Returns shipped within 30 days of delivery will be refunded to your original method of payment. Returns shipped more than 30 days and within 90 days of the delivery date are refundable for in-store credit only and will be subject to a restocking fee per item of 25% of the retail price. Returns received in damaged or used condition will not be refunded. Please review our 'Shipping and Return Policy for additional details and information on how to initiate a return shipment. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We cannot guarantee that you will be able to exchange or replace any item. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Legal Details. Your scheduling of an order is an offer to purchase the Products. We may accept your offer by processing your payment and shipping your order. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Merchandise availability on our Site is not guaranteed as it may be low in stock. If merchandise is not available by the time your order processes, we will notify you of this via email. All features, specifications, products, and prices of products and services described on our Site are subject to change at any time without notice. From time to time, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We make no representation as to the completeness, accuracy, or currency of any information on the Services. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Upon signing up and then for each subsequent order, we will charge you a non-refundable "Styling Fee" in the amount set forth on the Services. The Styling Fee will be charged to your credit card or other payment method. Within seven (7) days of receiving your shipment, we request that you return any Products you don't want. If you choose to keep Products from your order, the Styling Fee will be credited towards the purchase price of those Products. You may pay for the Styling Fee and for any Products from your order via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Styling Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with this policy, including for Products that are returned late or damaged. If you receive shipments automatically, you agree to the Styling Fee being charged to the card on file on a recurring basis according to the frequency you selected. You can pause recurring shipments by going to your Account Preferences page or cancel any future shipments via the account cancellation page or by emailing us at firstname.lastname@example.org stating that you want to stop receiving automatic shipments from the email address then currently associated with your account. You may cancel an upcoming order by accessing your account and cancelling the scheduled styling at any time before the order is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
You may pay for Products from your Shop Order via credit card or other payment method then available on the Services. By submitting your payment information to us and placing a Shop Order on our Site, you authorize us to charge your credit card or other payment method then available in accordance with this policy, including for Products that are returned late or damaged. If you have a credit in your Account at the time of paying for Products, the credit will be applied before we charge your credit card or other payment method then available. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.
5. Gift Cards
You may purchase gift cards through the Services (“Gift Cards”). Gift Cards can be redeemed solely through our Services for Products or Styling Fees. Gift Cards cannot be redeemed for cash except where required by law. For balance information, or to replace the remaining value on a damaged card, contact: email@example.com . Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Bombfell is not responsible for lost or stolen Gift Cards, or for use without your or the recipient's permission. Bombfell reserves the right to close accounts or request alternative forms of payment if a Gift Card is fraudulently obtained or used.
6. Referral Credits
As a Client, by referring others to Bombfell, you may participate in the Bombfell Refer A Friend Program (the "Program"). If you are accepted into the Program, you will receive a referral credit toward future purchases (a "Referral Credit") when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a "Qualifying Referral"): (i) you must send a referral link that is unique to you to your contact; (ii) you must disclose your relationship with Bombfell (e.g., "if you place an order, I'll get a credit"); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, order and pay a Styling Fee, and (v) you must be a Client of the Services. Purchases using Gift Cards are not Qualifying Referrals. The amount of the Referral Credit will be the amount specified on our Referral Program page available at: https://www.bombfell.com/account/invites at the time the referred friend orders and pays the Styling Fee for a shipment. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. In any event, the maximum amount of Referral Credits that you can receive in any calendar year is $599. Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:
- permitting another individual to use your Account
- creating multiple Accounts
- posting your unique referral link on any public forum or coupon site or
- upon notice, any other restriction we impose on participants in the Program
By acquiring Referral Credits, you agree and acknowledge that Bombfell is granting you a limited, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. Except as explicitly provided herein, Referral Credits are non-transferable. You are responsible for notifying Bombfell if you believe the number of Referral Credits in your Account is incorrect.
We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Referral Program page. All Referral Credits are voided immediately upon termination of this Agreement.
7. Bombfell Loyalty Program Terms and Conditions
The Bombfell Loyalty Program (“Program”) sponsored by Bombfell, Inc. (“Bombfell”, “we”, or “us”) is designed to reward you for being a part of the Bombfell experience and shopping with us at Bombfell.com (“Site”). You can earn and redeem points for promotional credits towards your next purchase. The more you shop, the more points you earn... and the more value you can get out of your points redemption!
The following terms and conditions (“Loyalty Program Terms”) are a binding agreement between you and us, and will govern your participation in any and all Program offers. Please read the following Loyalty Program Terms and Conditions carefully as they contain important information. These Loyalty Program Terms do not alter in any way the terms or conditions of any other agreement you may have with Bombfell for other products and services. Your access to and participation in the Program is also governed by the terms, conditions, limitations and requirements linked in these Loyalty Program Terms, all of which (as may be changed over time) are incorporated into these Loyalty Program Terms. In addition, these Loyalty Program Terms complement and incorporate by reference the Bombfell Terms of Service . In the event of any conflict between the Bombfell Terms of Service and these Loyalty Program Terms, the Bombfell Terms of Service will control. If you do not wish to be bound by these Loyalty Program Terms, you may not join the Program.
Participating in the Program entitles members (“Members”, or “you”) to take advantage of certain Program rewards (“Rewards”). Bombfell, in its absolute and sole discretion, reserves the right to cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Program Reward. If we make changes, we will post the amended Loyalty Program Terms on our Site and update the “Effective Date” above. We may also attempt to notify you in other ways. Unless we say otherwise, the amended Loyalty Program Terms will be effective immediately and your continued participation in the Loyalty Program Terms after the amended terms are posted will confirm your acceptance of the changes. If you do not agree to the amended Loyalty Program Terms, you must stop participating in the Program.
This Program will continue until terminated, suspended, modified, or converted to another rewards program by Bombfell ("Program Period").
To participate in the Program, you must have a Bombfell account during the Program Period and be over the age of eighteen (18). Participation and benefits shall be considered void where prohibited by law. Taxes may also apply where required by law. Bombfell assumes no liability for any participation that contravenes the laws or regulations of your state or country. Your participation is subject to present and future program rules. Current Bombfell employees and contractors, and their immediate family members living in the same household, are not eligible to participate in the Program.
Earning Points - Earn 1 point for every $1 spent
Once you have a Bombfell account, you can begin earning points (“Points”) every time you make a purchase online while signed into your account. This includes any styling fees you pay, or clothing purchases made. From time to time, we may offer special opportunities to earn additional Points including through limited time refer-a-friend programs, or completing surveys. The more you shop the more you earn! You will earn one (1) point for every dollar ($1) spent on our Site.
The points will be awarded based on the actual price paid for purchases, rounded to the nearest whole dollar, excluding tax, shipping charges, fees, and any applied discounts. For example, if your purchase total was $196.75 before taxes and after deducting any fee credits or applicable discounts, then you will earn 197 points. Points cannot be earned on purchases of gift cards or unused store credits.
You can check your Points balance by logging into your account and viewing your dashboard.
To celebrate the launch of the program we will award points to your account for all qualifying purchases made through your account since January 1, 2018!
You can redeem the Points posted on your Account for promotional credits (“Promotional Credits”) that can be used towards your next purchase through our Site. Promotional Credits can only be redeemed in the following increments:
- Redeem 100 points for $5 off next purchase
- Redeem 200 points for $15 off next purchase
- Redeem 500 points for $50 off next purchase
- Redeem 1,000 points for $100 off next purchase
- Redeem 2,500 points for $275 off next purchase
The more points you accrue, the more value you can receive! You can redeem as little or as many points, as long as they fall within the available increments.
To redeem your Points, visit the Site, log into your account, and under the redemption option you can click the “Redeem” button under the desired increment option for redemption. The Promotional Credit for the redeemed amount will then be added to your account, which will automatically be applied to your next purchase.
You will also have the option to redeem points in the checkout process for your order, and can automatically apply those promotional credits to your order.
If you do not have enough Promotional Credits in your account to complete your purchase, you must use another form of payment to cover the remaining balance.
Points accumulated under the Program and Promotional Credits issued when Points are redeemed are promotional in nature and have no cash value. Promotional Credits are redeemable only in connection with a merchandise purchase and cannot be exchanged for cash or credit.
Points must be calculated at the time of purchase and cannot be awarded after-purchase, for example if you made a purchase without first signing into your Bombfell account.
Your Points, Promotional Credits, and your Account may not be sold, transferred (by operation of law or otherwise) or assigned to or shared with any other individual for any commercial purpose. You are responsible for any federal, state or local taxes applicable to your participation in the Program.
Points will be awarded based upon the actual price paid for purchases, rounded to the nearest whole dollar, excluding tax, shipping charges, fees and any applied discounts. Points cannot be earned on purchases of gift cards, unused store credit, or purchases at the JCPenney x Bombfell Big & Tall Box.
Points and promotional credits expiration
Points Expiration. Any earned Points will expire after 6 months of Reward Program inactivity. Points must be redeemed for Promotional Credits before the expiration date or you will forfeit your Points.
Promotional Credits Expiration. Any Promotional Credits on your Account will expire after 6 months of Reward Program inactivity. If Promotional Credits are not used before the expiration date, the Promotional Credit value will be forfeited. Once redeemed, Promotional Credits may not be returned, reissued, or otherwise re-calculated to be combined with additional Points for a greater Promotional Credit value.
Refunds and Returns
If you return merchandise that you purchased with your Promotional Credits in accordance with the Bombfell Returns Policy, you will be refunded the amount you paid (excluding the value of the Promotional Credits and any other discounts) to the original method of payment. For example, if you placed an order totaling $100 for one item and used $10 Promotional Credits, we will refund $90 to your original method of payment. If you purchase multiple items using a single Promotional Credit, then the value of your Promotional Credit is applied proportionally to each item, and returns of any one item will result in a refund of the amount you paid for the item, excluding the value of the proportionally applied value of the Promotional Credit. You will not receive a replacement Promotional Credit for returned merchandise, meaning Bombfell will not credit the redeemed Promotional Credits back to your Program Account.
If you void a purchase or return all or part of your purchase, Bombfell will deduct the Points that you were awarded for that portion of the purchase from your Program Account. If you have already redeemed those Points, this could potentially result in a negative Point balance in your Account.
Right to cancel program or change terms
Bombfell may, in its sole and absolute discretion, modify, amend, cancel or terminate any aspect of the Program, including the availability of Promotional Credits, at any time and for any reason.
Bombfell also reserves the right to suspend or terminate your Account and/or your participation in the Program (in whole or in part), with or without notice, if Bombfell determines, in its sole discretion, that you have violated these Loyalty Program Terms, you have more than one Account, or that the use of your Account or your participation in the Program is unauthorized, abusive, deceptive, fraudulent or otherwise unlawful. Bombfell may, in its sole discretion, suspend, cancel or combine Accounts that appear to be duplicative. In the event that your participation in the Program is terminated, you will not be able to redeem any accumulated Points or Promotional Credits.
Except for willful misconduct or gross negligence on the part of Bombfell, by participating in the Program, you release Bombfell, its parent company, subsidiaries, affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any Promotional Credits.
Have questions regarding the Program? Shoot us an email and we’ll be happy to chat with you: firstname.lastname@example.org
8. Access to the Services
9. Ownership of Intellectual Property
10. Content Guidelines
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us.
You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
11. General Rules of User Conduct
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
12. Right to Suspend
Bombfell reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of shipments at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
14. Modifications to the Site or Services
We reserve the right to modify or discontinue the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
16. Third Party Content and Other Websites
17. Disclaimer of Warranties
Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.
18. Limitation of Liability
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the Products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the three (3) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
20. Copyright Violations
We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Our copyright agent for notice of claims of copyright infringement on the Services is:
Designated Agent: Copyright Agent
Address of Agent:
575 Eighth Avenue, Suite 900
New York, NY 10018
Fax: (415) 326-3216
21. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury
Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Survival. This Arbitration Agreement will survive the termination of your relationship with us.
Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit exclusively to the personal jurisdiction of the courts located within New York, New York for such purpose.
22. General Terms
24. Notice: Violations
25. Contact Information
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New York, NY 10018