Vow Rental and Purchase Agreement
This Rental and Purchase Agreement (this "Agreement") is by and between the party ("you" or "your") and Vow To Be Chic, Inc., a Delaware corporation ("Vow To Be Chic," "we," "us," or "our") and is intended to supplement our website’s terms of service (“Terms of Service”). This Agreement sets forth the terms and conditions under which you may rent and/or buy dresses and other apparel owned by Vow To Be Chic (each a "Product" and collectively, "Products"). The Agreement is hereby incorporated into the Terms of Service, and any terms not defined in this Agreement have their respective meaning as set forth in the Terms of Service. To the extent that there is any conflict between this Agreement and the Terms of Service, the provision(s) in this Agreement will prevail, but solely to the extent such conflict exists. CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY HAVE CHANGED SINCE YOU LAST USED THESE SERVICES. BY CLICKING THE "SUBMIT ORDER" BUTTON YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT SUBMIT YOUR PRODUCT ORDER AND YOU WILL NOT BE PERMITTED TO RENT OR PURCHASE THE PRODUCTS.
PRODUCTS MAY APPEAR DIFFERENT IN SIZE, COLOR AND STYLE THAN THE PHOTOS DISPLAYED ON THE WEB SITE. ADDITIONALLY, DUE TO THE NATURE OF DYING FABRIC, THE COLOR OF THE ACTUAL FABRIC OF THE PRODUCTS MAY DIFFER IN COLOR FROM ANY FABRIC SWATCHES. DESPITE OUR BEST EFFORTS, A SMALL NUMBER OF THE ITEMS ON OUR WEBSITE MAY BE MISPRICED. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS REGARDING PRICE OR ANY OTHER MATTER. WHEN ORDERING PRODUCTS, WE RECOMMEND SIZES TO TRY ON BUT YOU ARE RESPONSIBLE FOR CHOOSING THE FINAL SIZE. WE RECOMMEND THAT BODY MEASUREMENTS ARE TAKEN BY A PROFESSIONAL FOR THE GREATEST LIKELIHOOD OF FIT. WE ARE NOT RESPONSIBLE FOR AND, UNLESS EXPRESSLY PROVIDED HEREIN, HAVE NO OBLIGATION TO ACCOMMODATE ANY SIZE FLUCTUATIONS THAT OCCUR FROM THE TIME OF YOUR ORDER.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE. ANY CHANGES WILL APPLY ONLY TO THE RENTAL OR PURCHASE OF PRODUCT(S) AFTER THE DATE OF SUCH CHANGE.
When you place an order with us to buy or rent Products (“Order”), we will confirm your address by sending an email to the email address you have provided and/or calling you to verify your Order. Your placement of an Order through our Site is an offer to rent the Product(s) ordered and we may accept your Order by processing your payment and shipping the Product(s). Your receipt of an electronic or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to rent. For any reason, we may decline to accept your Order or any part of your Order. No Order will be considered accepted by us until the Product(s) has been shipped. If we decline to accept your Order, we will attempt to notify you at the email address you provided. We may require additional verifications or information before accepting any Order.
RENTAL TERMS AND CONDITIONS
The following terms and conditions apply to all rental Orders of Product(s) from Vow To Be Chic.
- Rental of Products. You will rent the Product from Vow solely for one wedding. When you place an Order, you will specify the event date for which you need the Product (“Event Date”). Ownership of the Product shall remain with Vow To Be Chic at all times. You agree to treat each Product with great care, as if it was borrowed from your best friend. We also reserve the right to collect deposits for certain Products in our sole discretion.
- Product Rental Period. The Product rental period (“Rental Period”) begins the day the Product is delivered based on information provided by Vow To Be Chic’s third-party shipper. We will ship the Product so you are scheduled to receive the Product at least () days before the Event Date, and up to two (2) weeks before the Event Date. Our goal is to ship the Product to arrive two (2) weeks, or fourteen (14) days before the Event Date, however, the Product will arrive at least seven (7) days before the Event Date. Vow to be Chic is not responsible for any delays occurring as a result of a third party shipper. You will return the Product(s) within three (3) days after the Event Date, following the stipulations in step 6.
- Product Arrival. We will ship to you the Product in the size as requested by you through our website. The Products will be professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care, but use of the product is at your own risk and Vow to be Chic shall not be held liable for any health-related complaints associated with a Product rented from our site. When received, you will immediately inspect and try on the Product. If any item does not fit or there are any issues with the Product, you will notify us within twenty-four (24) hours of order delivery.
- Sample Try-on. Prior to the Rental Period, you may choose to receive a sample of the Product (each a "Sample" and collectively, "Samples") in 1 size for $19.95. (subject to availability). The Sample try-on period (“Try-On Period”) begins the day the Samples are delivered based on information provided by Vow To Be Chic’s third-party shipper. If any item does not fit or there are any issues with the Sample(s), you will notify us within twenty-four (24) hours of order delivery. When received, you will immediately inspect and try on the Samples. The Samples are dresses for sizing only and you will not wear the Sample other than for such specified use. You will return the Samples three (3) days after the Try-On Period begins, following the stipulations in step six (6). Ownership of the Samples shall remain with Vow To Be Chic at all times.
- Tailoring. You will not, nor will you permit any other person to, tailor or permanently alter the Samples or Products.
- Return of Rented Samples or Products. You will mail all Samples and Products to Vow To Be Chic by the specified date (within two (2) days after the Event Date), using the pre-paid, pre-addressed envelope provided ("Return Packaging") for each Sample or Product delivered to you, following the provided instructions. If you lose the Return Packaging, you will obtain replacement packaging and mail the Samples and Products at your own expense by the applicable due date (as described above). A Sample or Product will be deemed mailed on the date indicated by a valid U.S. postmark.
- Late Fees. If you mail Samples or Product after its applicable due date, we will charge your credit card a late fee of $25 per Sample or Product per day after the applicable date, up to the full retail price for the applicable Sample or Product (plus applicable taxes) at the time of your order (“Retail Price”).
- Lost or Damaged Samples or Products. You are responsible for the loss, destruction or any damage beyond ‘normal wear and tear’ (the “Damage”) to all Samples and Products, regardless of the reason for the loss, destruction or damage to the Samples or Products. Damage includes, without limitation, stains or odors that are unable to be removed with normal professional dry cleaning, tears to the seams of the Sample(s) or Product(s) that exceed one inch in length, tears to any portion of the Sample(s) or Product(s) outside the seams regardless of the size of such tears, and any burns to the Sample(s) or Product(s), regardless of the size and location. Vow To Be Chic, in its sole discretion, will determine whether to repair or replace any Damage and will be entitled to charge your credit card for the lesser of: (i): (i) the price for repairing or replacing the Product, as determined in our discretion, or (ii) the Retail Price. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
- Credit Card Authorization. The rental fee for the products will be the rental fees, taxes and any other associated charges detailed on the checkout page of our website in connection with your rental order. Upon placing your order for products, you authorize us to charge your credit card for the rental fee. We will charge your credit card the amount of the rental fee immediately upon you completing your order on our website, no matter how far in advance the order is placed. You expressly authorize Vow To Be Chic to charge your credit card, in addition to and separate from the Rental Fee, for any amounts necessary to (i) pay any late fees described above in Section 7 and (ii) pay all costs and expenses incurred by us to replacing, repairing any tailored, destroyed or damaged Samples or Products – in each of (i) and (ii), up to the Retail Price of the applicable. If you do not pay the amounts you owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate, if less.
- Taxes. Unless otherwise indicated on the Web Site, the fees and prices excludes all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments (collectively, “Taxes”), all of which shall be paid by you directly.
- Shipping. Your rental order will be scheduled to arrive at least () days before the Event Date, and up to two (2) weeks before the Event Date. We ship only to a valid residence, office or hotel street address within the continental US (we cannot ship to a P.O. Box). In the event that an unsecure shipping address is provided, we do not bear liability for Products left unattended.
- No Rentals to Minors. You represent and warrant that you are over eighteen (18) years of age and are legally authorized to pay the Rental Fee via a credit card or other approved payment method on the website.
- Rental for Use by Others. You may rent Products for use by other individuals, including individuals who are under eighteen (18) years of age. If you rent Products for use by another individual, you will remain subject to the terms and conditions of this Agreement, including without limitation the obligation to pay fees, costs and expenses that may be owed to Vow To Be Chic under this Agreement.
- No Warranty. We do not make any representations or warranties about the Products and all limitations on liability and disclaimers set forth in the Terms of Service will apply to any Orders, Products and Samples and any other activities under this Agreement.
- Services. We may offer various services to assist you in selecting one or more Products whether on the phone or through our website. All services are provided "AS IS" without guarantee as to results and are provided under our Terms of Service.
- Fit guarantee applies only when measurements are accurately taken by a professional tailor or seamstress and that the customer is notified within 24 hours of the dress arriving that a change needs to be made. All efforts will be made to correct when there is a problem, but shipping may be at the customer’s expense. Fit guarantee does not apply when someone is pregnant, or has given birth in the last 6 months.
Logistical changes (address delivery, email, name) to orders must be made 45 days prior to event date to be accommodated. Changes in delivery date, dress, color or size cannot be guaranteed and will be treated as a request.
PURCHASE TERMS AND CONDITIONS
The following terms and conditions apply to all Orders for purchases of Product(s) from Vow To Be Chic.
- Purchase of Products. Products marked for sale on our website are available for purchase. Prices do not include all applicable Taxes and shipping fees. Upon the completion of your order, you authorize us to charge your credit card for the full amount of the Purchase Price and all applicable Taxes and shipping fees and acknowledge that we will charge full amount of the Purchase Price immediately upon receipt of your order.
- Shipping. Any estimated shipping date provided by us is based on Product availability and payment processing time, and does not include transit time. All Products shall be deemed accepted by you upon shipment, and title to, and risk of loss of, the Products passes to you when we provide the Product(s) to a common carrier. All sales of Products are subject to our then-current return policies, as posted on the Site. We ship only to a valid residence, office or hotel street address within the continental US (we cannot ship to a P.O. Box).
- All Sales Final. Due to the fact that Products purchased from Vow To Be Chic are made-to-order, there are no cancellations, changes, credits, exchanges or returns on the Products and all sales are final.
Vow Terms & Conditions of Use
This website is operated by Vow To Be Chic, Inc., a Delaware corporation ("Vow To Be Chic," "we," "us," or "our"). Vow To Be Chic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing or renting something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify, Inc (“Shopify”). Shopify provides us with the online e-commerce platform through which we sell our Products, as described in Attachment A hereto.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. Your rental of Products may be governed by supplemental or different terms.
You will not use our Products for any illegal or unauthorized purpose nor will you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You will not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain Products may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy.
We display as accurately as possible the colors and images of our Products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any of the Products at any time. Any offer for any Product made on this site is void where prohibited.
We do not warrant that the quality of any Products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail 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.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all Products delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL VOW TO BE CHIC, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANYINDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF: (A) THE AMOUNT OF FEES RECEIVED FROM YOU BY VOW TO BE CHIC IN THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH YOU FIRST ASSERT A CLAIM AND (B) 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Vow To Be Chic and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of California, , without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTENT
SECTION 21 - DISPUTE RESOLUTION
a. Any claim or dispute (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms where the total amount of the award sought is less than Five Thousand U.S. Dollars (US $5,000.00) may be resolved in a cost effective manner through binding non-appearance-based arbitration, at the option of the party seeking relief. Such arbitration shall be initiated through an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section and under the rules of such ADR Provider, except to the extent such rules are in conflict with the Terms. The party demanding arbitration will propose an ADR Provider and the other party shall not unreasonably withhold consent to use such ADR Provider. The ADR Provider and the parties must comply with the following rules: (1) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (2) all arbitration proceedings shall be held in English; (3) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed to by the parties; and (4) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. Notwithstanding the foregoing, Vow to be Chic may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. Please note that the laws of the jurisdiction where you are located may be different from California law, including the laws governing what can legally be sold, bought, exported, offered or imported. You shall always comply with all the international and domestic laws, ordinances, regulations and statutes that are applicable to your use of the Site and/or Services.
b. Any other dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”). As modified by the Terms, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively “Rules and Procedures”).
c. You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
d. You and Vow to be Chic must abide by the following rules: (i) ANY CLAIMS BROUGHT BY YOU OR VOW TO BE CHIC MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (ii) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (iii) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Vow to be Chic will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (iv) Vow to be Chic also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (v) the arbitrator shall honor claims of privilege and privacy recognized at law; (vi) the arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for the purposes of enforcement of the arbitration award; (vii) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (viii) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded shall be determined by applicable law.
e. The arbitral proceedings, and all pleadings and written evidence will be in the English language. Any written evidence originally in a language other than English will be submitted in English translation accompanied by the original or true copy thereof. The English language version will control. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator will not have authority to award damages in excess of the amount, or other than the types, allowed by Section 11 of the Terms. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Terms, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
f. Notwithstanding the foregoing, either you or Vow to be Chic may bring an individual action in small claims court. Further, 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 secret shall not be subject to this arbitration agreement. Such claims shall be exclusively brought in the state or federal courts located in Los Angeles, California. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in Los Angeles, California, in order to maintain the status quo pending arbitration, and hereby agree to submit to the exclusive personal jurisdiction of the courts located within Los Angeles, California for such purpose. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
g. With the exception of (d)(i) and (ii) above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either (d)(i) or (ii) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Vow to be Chic shall be entitled to arbitration. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or federal court in Los Angeles, California. By using the Site or Services in any manner, you agree to the above arbitration provision.
h. For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
SECTION 22 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
This Terms of Service was last updated on November 2, 2017.
REFERRAL CREDIT PROGRAM
Receive a $15 credit toward a future purchase of merchandise including Little White Dresses, jewelry and accessories (the "Credit"), exclusive of taxes, shipping and delivery, when your friend invites her Bridesmaids after setting up her Bridal Suite, provided that (i) the Bridal Suite was created as a result of an invitation from you and created within six months of receipt of your invitation and (ii) your invitation was sent through a Vow To Be Chic authorized channel(Vow To Be Chic's website, Facebook or other social media channel supported by Vow To Be Chic). By participating in Vow To Be Chic's referral program and claiming the Credit, you represent and warrant that any person that receives a commercial email message as a result of your referral is your friend or family member. Vow To Be Chic may at its discretion request evidence supporting such representations and warranties, especially for large scale referrals, failing which, it may determine not to proceed with the sending of any such emails to any addresses on the relevant list. The Credit must be used in a single transaction and may be subject to product restrictions or exclusions. The Credit cannot be combined with other offers, cannot be used in gift cards, is non-transferable, and may only be used by intended recipients. The Credit will not be granted and may not be redeemed for a future purchase if your friend's purchase is cancelled or item(s) are returned. If your friend or family member does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive the Credit, and Vow To Be Chic will have no liability to you for your friend or family member's failure to follow directions. This offer may be suspended or terminated at any time..