Welcome to StyleForIt. This Website and the service it provides (Service) is owned and operated by Amanda Watson, a California individual, doing business as StyleForIt (referred herein as “StyleForIt”). In this Terms of Use, the user may be referred to as “you” and StyleForIt may be referred to as “us” or “we.”
Please read over these Terms of Use carefully. By visiting the StyleForIt Website or by using its service, you agree to be bound to these Terms of Service and the Privacy Policy[RF1] .
USER PROFILE ACCOUNT
In order to access and use certain features within the service, you will be required to create a user profile (Account). This user profile will require you provide information. You agree to provide true and accurate information during the initial profile development, and to make corrections to the profile to reflect any updates or changes regarding the requested Account information.
LOGIN THROUGH SOCIAL MEDIA & THIRD PARTY SITES
StyleForIt may offer the opportunity to log in to StyleForIt Accounts through third-party social media and other websites with unique login credentials. You agree and understand that StyleForIt may gain additional personal information from your third-party website profiles.
StyleForIt reserves the right in its sole discretion to suspend or terminate your Account and to refuse any and all current or future use of the Website or Services (or any portion thereof) at any time for any reason. You agree that StyleForIt will not be liable to you or to any third party for any suspension or termination of your Account or any refusal of any use of the Website or services (or any portion thereof).
Information on your profile will include information and content you provide and/or upload as well as information we collect from your account with social networking sites. StyleForIt reserves the right in its sole discretion to remove Account at any time for any reason. You agree that StyleForIt will not be liable to you or to any third party for such removal.
OPTIONS FOR SELLING AND PURCHASING
StyleForIt allows users two options for purchasing and selling. Users may choose the Peer-to-Peer service to buy and sell directly from other users or users may choose to interact only with StyleForIt, by selling directly to StyleForIt and/or purchasing items from StyleForIt.
For the Peer-to-Peer Service, the seller shall receive 80% of the selling price, calculated after taxes and fees. For the Consignment through StyleForIt, the seller shall receive 40% of the selling price, calculated after taxes and fees.
Fees earned by users through the selling programs shall be either sent to users by mail, in the form of a check, or will be electronically delivered through third-party, Paypal, services. Please allow up to 21 days for payment to be processed.
CONSIGNMENT THROUGH STYLEFORIT
StyleForIt encourages you to send in new or lightly worn garments, freshly dry-cleaned or laundered for consignment consideration. These garments must not be damaged, stained, or torn. All buttons and zippers must be intact and fully functional. Original fabric care, brand, and sizing labels must be attached. All garments must be authentic to the brands on the labels, counterfeits will be rejected. StyleForIt accepts only certain brands, within a particular size range. To review which brands it accepts for purchase, please visit the Accepted Brands List [RF2] page. (I can resend if you need again)
StyleForIt will use its discretion in choosing which sent-in garments will be accepted by StyleForIt for the Consignment program. When you send in garments, StyleForIt will review the estimated value of the garments and select which garment sare be offered on the website for other users. If the garments you sent in are selected, you will receive a list of which garments were accepted and the price they will be posted at for sale to other users.
For garments that aren’t accepted for the consignment service, the garments will be sent back to you, if you choose to the Return Service. If you do not choose the Return Service, the garments will be donated to a non-profit of StyleForIt’s choosing that accepts clothing donations.
SHIPPING KITS FOR CONSIGNMENT
For participating in the Consignment Service, you may request a Consignment Kit through this form[RF3] . When a Consignment Kit is delivered to you, please add the garments you wish to send in the pre-stamped bag and include the contact information card. Garments shipped in bags without contact information cards may not be matched up with the owner, and therefore may result in the user not receiving a Consignment payment.
Clients may also use their own shipping supplies for immediate send in. Form will be online and printable.
RETURNS OR EXCHANGES
Should you purchase garments directly from StyleForIt, returns for refunds or returns for store credit will only be allowed if the products arrived damaged.
For purchases from other users who have selling accounts, returns will be accepted at the discretion of the selling user.
RIGHT TO CHANGE WEBSITE CONTENT
The Website will be updated as product offerings change, or as the communication needs or desired of StyleForIt develop. StyleForIt makes no guarantees that content provided through the website will remain available to the public through the Website. StyleForIt may also update or alter the layout, designs, or links within the Website.
LINKS TO THIRD PARTY WEBSITE
StyleForIt may link to third party websites through the Website. StyleForIt makes no guarantees that the websites featured on these links provide accurate or complete content. Links provided through the Website do not create an endorsement relationship or an affiliation with StyleForIt. StyleForIt reserves the right to remove these third party links at any time. Please review the terms of use or privacy policies of these websites for rights and restrictions.
RIGHT TO REFUSE OR LIMIT ORDERS
All purchases through this Website are subject to product availability. StyleForIt may, in its sole discretion, limit or cancel the quantities offered on its website or limit the sales of products or services to any person, household, geographic region or jurisdiction. To limit quantities, StyleForIt may track sales to specific mailing addresses or credit cards. If a product does not ship, but you have provided a method of payment, any charges made through that payment method will be reimbursed for the unshipped items.
USE OF STYLEFORITS’ INTELLECTUAL PROPERTY
Unless otherwise noted, the Website, and all materials on the Website including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by StyleForIt and other trademarks appearing on the Website are the trademarks of StyleForIt or its affiliates, including the represented designers or companies of the products being offered.
The Website and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Website.
COLOR & PRODUCT DESCRIPTION LIMITATIONS
Although StyleForIt strives to provide you with accurate information regarding our products, the photos of the products are examples of the ones being sent to you and may not be photos of the exact products being sent, and therefore slight variations may occur. Additionally, the colors depicted on your screen may not accurately reflect the actual colors of the products due to variations in color settings on computers or mobile devices.
LIMITATION OF LIABILITY
The StyleForIt website, the Service, and the products traded on the website, are intended for personal use. You agree to defend, indemnify and hold harmless StyleForIt and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website and the membership services, including any data or content transmitted or received by you; (ii) your violation of any term of the Terms of Use or Privacy Policy (Agreements), including without limitation your breach of any of the representations and warranties you make in these Agreements; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your username, password or other appropriate security code.
THE SERVICE AND ANY PRODUCT YOU RECEIVE THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE AND WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, STYLEFORIT ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE OR THE PRODUCTS WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL STYLEFORIT, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY PRODUCT. UNDER NO CIRCUMSTANCES WILL STYLEFORIT BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STYLEFORIT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AVAILABLE ON OR THROUGH THE SERVICE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, MEMBERSHIP SERVICE OR ANY PRODUCT RECEIVED FROM OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
DELIVERED CONFIDENTIAL INFORMATION BY USER
Except for information necessary to place an order, create an Account, or to offer items for the Consignment and Peer-to-Peer programs, StyleForIt discourages users from sending any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to StyleForIt will be considered non-confidential, and by submitting it, you are giving StyleForIt the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
COMMENTS & FEEDBACK
In compliance with your rights under California Civil Code 1789.3, you have the right contact StyleForIt with any complaints or to seek additional information. You may email StyleForIt at [Add Email]. You may also call [Add Phone Number]. For any physical documents, you may send mail to [Add Address]
If California users have any questions or complaints about StyleForIt they may also contact The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs through writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
ARBITRATION
By visiting Website or a you agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and StyleForIt, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and StyleForIn are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and StyleForIt otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
ARBITRATION RULES AND GOVERNING LAW
Arbitration shall take place San Francisco California, using California law.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
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