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Date of Last Revision: April 7, 2014
Introduction: [Ready To Wear] ("[Ready To Wear]," "we," "us," "our") provides its services (described below) to you through its website located at www.shop-skirt.com (the "Site") and through its related services (collectively, with the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Site, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fifteen (15) days after such changes are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
Description of Services: Each month, [Ready To Wear] provides its registered customers with clothing options that have been personally selected by our style professionals. Customers are required to register on the Site, and provide a credit card in order to receive our Services. Thereafter, our style professionals will regularly put together groups of clothing options (referred to as a “trunk”) and ship this trunk to the registered customer. These registered customers have [five (5)] days from the date of delivery to try out the clothing (“Trial Period”) and return any clothing they do not wish to purchase. After the Trial Period, the credit card supplied by the customer during their registration will be charged for each clothing item that was not returned. Registered customers may elect to return some or all of the clothing items contained in the trunk, without being charged, if the clothes are returned within the Trial Period with tags still intact and the clothing in good condition (as further described in the “Returns and Shipping” Section, below).
You may suspend your membership with [Ready To Wear] at any time by notifying our customer service representatives. Further, [Ready To Wear] reserves the right to terminate an individual’s membership, deny membership, and refuse all future use of our Services to any individual in our sole discretion for any reason.
Returns and Shipping: You may return any item from a particular trunk you receive through the Service (in accordance with the instructions below and those provided with such trunk) within the [five (5)] day Trial Period. For free returns, any items must be returned using the pre-paid return label and box provided by [Ready To Wear], and items must be unworn (other than "tried-on"), in their original condition and include all original tags and packaging. Shipping is not available to all locations. Customers will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice). All items you receive through the Service will be shipped by a third-party carrier.
Registered Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify [Ready To Wear] of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. [Ready To Wear] will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to Service: [Ready To Wear] reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that [Ready To Wear] will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that [Ready To Wear] may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on [Ready To Wear’s] servers on your behalf. You agree that [Ready To Wear] has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that [Ready To Wear] reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that [Ready To Wear] reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: The following is a non-exclusive list of the kinds of content and/or use that is illegal or prohibited by [Ready To Wear]. [Ready To Wear] reserves the right to investigate and take appropriate legal action against anyone who, in [Ready to Wear's] sole discretion, violates this provision, including without limitation, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:
1. email or otherwise use the Services to (i) create a privacy or security risk to any person; (ii) utilize unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (iii) act in a manner that is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (iv) partake in activities, which, in the sole judgment of [Ready To Wear], are found to be objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose [Ready To Wear] or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
3. violate any applicable local, state, national or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. solicit personal information from anyone under the age of 18;
6. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
9. obtain or attempt to access any materials or information through any means not intentionally made available or provided for through the Service.
Prices, Fees and Billing: To begin receiving our trunks, you will be required to provide [Ready To Wear] with information regarding your credit card or other payment instrument. You represent and warrant to [Ready To Wear] that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay [Ready To Wear] the charges incurred in accordance with this Terms of Service. You hereby authorize [Ready To Wear] to bill your payment instrument in accordance with this Terms of Service until you, or we, terminate your account, and you further agree to be responsible for and pay any charges incurred up to and including the date of the termination of your membership. If you dispute any charges you must let [Ready To Wear] know within thirty (30) days after the date that [Ready To Wear] bills you. The current price for each item will appear on the packing list along with the trunk, when shipped to you. We may change the price we charge for a particular item (although the price of an item shipped to you will not change before the applicable try-on period is over). We reserve the right to institute fees for any portion of the Service, but if we do, we will provide notice of the change before your next trunk is shipped. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services (such as sales tax) other than U.S. taxes based on [Ready To Wear's] net income.
Special Notice for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by [Ready To Wear], you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of [Ready To Wear], our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by [Ready To Wear].
The [READY TO WEAR] name and logos are owned by [Ready To Wear]. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the [Ready To Wear] name and logo displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of the [Ready To Wear] name and logo will inure to our exclusive benefit.
Information Transmitted Through the Service:
You acknowledge and agree that [Ready To Wear] may preserve any and all information you provide to us via the Site. As a result, we may also disclose such information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of [Ready To Wear], its users and the public. You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Third Party Websites: The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. [Ready To Wear] has no control over such sites and resources and [Ready To Wear] is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that [Ready To Wear] will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that [Ready To Wear] is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release: You agree to release, indemnify and hold [Ready To Wear] and its affiliates and their officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer of Warranties: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. [READY TO WEAR] EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON¬INFRINGEMENT.
[READY TO WEAR] MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT [READY TO WEAR] WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF [READY TO WEAR] HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL [READY TO WEAR'S] TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID [READY TO WEAR] IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at www.shop-skirt.com. In the unlikely event that our customer support is unable to resolve a complaint you may have (or if [Ready To Wear] has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster and less formal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in any arbitration under this arbitration provision in which you seek less than $75,000 in damages, [Ready To Wear] will pay reasonable attorneys' fees should you prevail. [Ready To Wear] will not seek attorneys' fees from you. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of attorneys' fees will be governed by the AAA Rules (as defined below). Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted.
Arbitration Agreement: [Ready To Wear] and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
• claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
• claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
• claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
• claims that may arise after the termination of this Terms of Service.
References to "[Ready To Wear]", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and [Ready To Wear] are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to [Ready To Wear] should be addressed to ___________________ ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If [Ready To Wear] and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or [Ready To Wear] may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by [Ready To Wear] or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or [Ready To Wear] is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Terms of Service, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Terms of Service. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of the arbitration provision. Unless [Ready To Wear] and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. [Ready To Wear] will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the AAA Rules. However, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND [READY TO WEAR] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and [Ready To Wear] agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Terms of Service to the contrary, we agree that if [Ready To Wear] makes any future change to this arbitration provision (other than a change to the Notice Address) while you are a user of the [Ready To Wear] Site, you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
Termination: You agree that [Ready To Wear], in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if [Ready To Wear] believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. [Ready To Wear] may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that [Ready To Wear] may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that [Ready To Wear] will not be liable to you or any third-party for any termination of your access to the Service.
General: These Terms of Service constitute the entire agreement between you and [Ready To Wear] and govern your use of the Service, superseding any prior agreements between you and [Ready To Wear] with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and [Ready To Wear] agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Philadelphia, Pennsylvania. The failure of [Ready To Wear] to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions, Concerns, Suggestions: Please contact us at www.shop-skirt.com to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.