dressCODE Terms of Service
Last updated: January 29, 2018
Welcome to dressCODE
Welcome to dressCODE, an IOS mobile application, and website located at www.thedresscodeapp.com (the “Site”) and operated by Passion Projects LLC. dressCODE provides the mobile application (the “Application”) and the website (the “Site”) to facilitate on-demand wardrobe styling and personal shopping services.
These Terms of Use (“Agreement”) set forth the legally binding terms for your use of the Services. By accessing or using the Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not accept this Agreement or access or use the Services if you are not at least 18 years old. You may use the Services on behalf of individuals under 18 only if you are the parent or legal guardian of such individuals. If you do not agree with all of the provisions of this Agreement, do not access and/or use the Services.
dressCODE Connects Clients and Stylists
dressCODE is an IOS mobile application that connects Clients and Stylists through a modernized booking process. “Clients” are individuals and/or businesses seeking to obtain styling or shopping services (“Services”) from Stylists and are therefore clients of Stylists, and “Stylists” are individuals and/or businesses seeking to perform styling and shopping services for Clients. Clients and Stylists together are hereinafter referred to as “Users.” If you agree on the terms of service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail below.
STYLISTS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF dressCODE. dressCODE DOES NOT PERFORM STYLING SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM STYLING SERVICES. USERS HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, CONTROL OR MONITOR A STYLIST’S WORK AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED IN ANY MANNER.
dressCODE only enables connections between Users for the fulfillment of styling and shopping services. Company is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of services, Stylists, Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. The company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the services requested or services provided by, or the communications of or between, Users identified through the dressCODE platform, whether in public, private, or offline interactions or otherwise howsoever.
Client Accounts and Responsibility
Account Creation. In order to use our Services, you must register for an account on our platform (“Your Account”) and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You agree not to create an account on behalf of someone other than yourself. You further agree that you shall not maintain more than one account at any given time. You may delete your Account at any time, for any reason, by following the instructions in the Services. We may suspend or terminate your Account in accordance with the section entitled “Suspension and Termination.” You agree not to create an account or use our Services if you have been previously removed by dressCODE, or if you have been previously barred from any of the Services.
Account Responsibility. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Service Responsibility. As the recipient of in-home styling services provided by Stylists, you agree to assume certain responsibilities. When you book an appointment, you agree to comply with any rules or requirements of the service provider applicable to the service purchased and that you are made aware of, including as part of any confirmation email (the “Requirements”). Whether or not there are Requirements, you agree to create in your home a safe, clean, and reasonably comfortable workspace that is free of conditions that would make it difficult for our service providers to perform their jobs (all as determined in each of our service provider’s sole discretion); Service providers reserve the right to terminate or refuse to provide their services to anyone at any time in the event you do not fulfill your responsibilities as set forth in this Section or if a service provider feels unsafe or uncomfortable with her in-home work environment or conditions for any reason. You understand, acknowledge and agree that service providers are not employees or agents of dressCODE, but are independent contractors who operate business enterprises separate and distinct from dressCODE.
Pinterest. Clients have the ability to connect to Pinterest on their profile. This integration allows the Client to showcase their fashion boards and style inspiration. With this agreement, the Client grants dressCODE permission to share their Pinterest boards with their Stylist(s).
Stylist Accounts and Responsibility
Account Creation. In Company’s sole discretion, Stylists may be subject to an extensive vetting process before they can offer their services on the dressCODE platform, including but not limited to verification of identity, using third-party services as appropriate (“Identity Checks”). Although dressCODE may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Company cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information that was provided to dressCODE.
Account Responsibility. When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. dressCODE will not be liable for any false or misleading statements made by Users on dressCODE. NEITHER dressCODE NOR ITS RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “dressCODE AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER ON dressCODE. AND YOU HEREBY RELEASE dressCODE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH dressCODE.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with dressCODE, including without limitation, if you are using or will or intend to use dressCODE for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of dressCODE.
Stylists additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Services.
Contract between Client and Stylist
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Style Service with another User. The terms of the Service Agreement include the terms set forth, the engagement terms proposed and accepted on dressCODE, and any other contractual terms accepted by both the Stylist and their Client to the extent such terms do not conflict with the terms in this Agreement, and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Stylists, nor will it create an employment relationship between the Client and the Stylist. Company’s role is restricted solely to acting as a limited payment collection agent for the Stylist to facilitate payment on behalf of the Stylist through dressCODE in respect of Services they perform. In acting as the limited payment collection agent for particular Stylist’s on dressCODE, dressCODE disclaims any other agency or authority to act on behalf of the Stylist and assumes no liability or responsibility for any acts or omissions of the Stylist, either within or outside of Services.
The Client shall pay their Stylist directly for the Service through our payment processor as indicated on dressCODE at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of a Service. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. dressCODE reserves the right to suspend or terminate any account or Service pending the resolution of any dispute.
Billing and Payments
Booking Services. You must either provide us with a valid credit card (issued by Visa, MasterCard, or any other issuer accepted by our payment provider) (“Payment Provider”) or connect to your Apple Pay account as a condition to making an appointment with a Stylist.
Cancellation of Appointments. You may cancel any appointment in accordance with our cancellation policy set forth on our website. If Clients cancel more than 4 hours before the appointment, they will not be charged. If Clients cancel 1-4 hours before the appointment, they will be charged 50% of the total appointment cost. If Clients cancel less than 1 hour before the appointment, they will be charged 100% of the total appointment cost. If the Stylist cancels more than 4 hours before the appointment, they will not be charged. If Stylist cancels 1-4 hours before the appointment, they will be charged a penalty of 50% their hourly rate. If they cancel less than 1 hour before the appointment, they will be charged a penalty of 100% of their hourly rate. If Stylist cancel more than 3 appointments, they will be removed from the platform. If the Stylist cancels an appointment for any reason, you will receive a refund, unless dressCODE is able to book another Stylist acceptable to you during the time scheduled for your appointment. If the Stylist cancels or terminates a paid appointment for any reason, we may, in our sole and reasonable discretion, issue you a refund of any fees prepaid for such appointment. We reserve the right to cancel free promotional Services at any time for any reason. No credits or promotional value adjustments will be made in the event we cancel a free promotional Service.
Payment Process. If you book a personal styling or shopping service, you agree to pay the then-current applicable Stylist hourly rate as listed in the Services details on the “Application” or on the “Site”. We will automatically bill your credit card submitted in booking an appointment on the date the appointment is booked, and each time you book an appointment thereafter. All payments to the service providers are non-refundable, except in the event the Stylist, or we cancel your appointment. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties. Any amounts not paid when due will bear interest at the rate of one and one-half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information.
Personal Shopping - Returns and Exchanges
Personal shopping. When you book The Shopper Service, you will meet your Stylist at the previously designated location. The Client is responsible for setting their shopping budget and the Stylist will create the plan. The Stylist will offer their recommendation on what to buy but the Client is responsible for purchasing the desired clothing items. Any purchases made are at the sole discretion of the Client.
Returns or exchanges. Neither dressCODE nor the Stylist is responsible for clothing returns or exchanges. If The Client wants to return or exchange any of the items they purchased, they must follow the policies and guidelines set by each individual store.
Referral Credits and Promotional Codes
Referral Credit. We offer credits for referring new users. To qualify for a referral credit, you must refer a new user who establishes a dressCODE Account and completes a Service within ninety (90) days of signing up for an account. Please note that referral credits are given for the purpose of attracting brand new users to dressCODE. You may earn only one referral bonus per new user referred, and the value of your referral bonuses may not exceed one thousand five hundred dollars ($1,500).
Promotional Codes. We may, in our sole discretion, create promotional codes that may be redeemed for credit in your Account, or other features or benefits related to the Services, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Each benefit may only be redeemed once per account. Promo Codes for duplicate benefits will be voided. Only Promo Codes sent to you through official dressCODE communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by dressCODE; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.
Suspension and Termination
Company may terminate or limit your right to use dressCODE in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such suspension or termination will be effective immediately upon delivery of such notice.
If Company terminates or limits your right to use dressCODE, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use dressCODE as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use dressCODE is suspended or terminated, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance of these Terms of Service.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of dressCODE at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of dressCODE. Company has the right to restrict anyone from completing registration as a Stylist if Company believes such person may threaten the safety and integrity of dressCODE, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of dressCODE. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Privacy
We know that your privacy is important. For this reason, we have created a privacy policy www.thedresscodeapp.com/privacy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.
Feedback
If you provide dressCODE with any feedback or suggestions regarding the Services (“Feedback”) or product, then you grant us a perpetual, royalty-free, transferable, sublicensable, worldwide license to all rights in the Feedback and agree that we will have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
Limitation on Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE (AND OUR AFFILIATES), OR THE SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES OR PRODUCTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHERWISE, OR LOSS OF DATA RESULTING THEREFROM.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY (AND THAT OF OUR SERVICE PROVIDERS AND SUPPLIERS) TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) FIFTY US DOLLARS ($50) OR (b) AMOUNTS YOU’VE PAID dressCODE IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
Copyright Policy
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright laws that provide for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights. A repeat infringer is any user for whom we have received two or more takedown notices (however, we reserve the right to terminate any user who submits infringing content at any time). 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.
License of User Content
“User Content” means any and all information and content that a user submits to or posts on (a) the Services and (b) on social networking sites where we have a page or presence (collectively “SNS Pages”). You will own your User Content, with the understanding that you agree that we may use and reproduce the User Content you make available on our SNS Pages and on the Services. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by us. Because you alone are responsible for your User Content (and not dressCODE), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. We are not obligated to backup any User Content and User Content may be deleted at any time.
dressCODE hosts User Generated Content relating to reviews and ratings of specific Stylists (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Stylist is the right person for the Service. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the Stylists with whom they have transacted. Company will only investigate remarks posted by Users when a Stylist contests the rating or review.
You hereby grant, and you represent and warrant that you have the right to grant, to us an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
License to Use Application
We grant you a non-exclusive, non-transferable right to download, install and use a copy of the Application on a single mobile device or computer that you own or control solely for your personal use, subject at all times to the terms of this Agreement. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Use of the Application is also subject to the provisions of the section entitled “Acceptable Use Policy.”
Ownership of Intellectual Property
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through dressCODE is owned by dressCODE, excluding User Generated Content, which Users hereby grant dressCODE a license to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. dressCODE owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from dressCODE without dressCODE express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of dressCODE and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of dressCODE, including without limitation dressCODE and dressCODE logos, are service marks owned by dressCODE. Any other trademarks, service marks, logos and/or trade names appearing via dressCODE are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
No Support or Maintenance
You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Services. Ownership of the Services. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services, including the Site and Application, are owned by us. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. We and our suppliers’ reserve all rights not granted in this Agreement.
Modifications to Application, Site or Services
Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, dressCODE or any content or information through dressCODE at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using dressCODE. Your continued use of dressCODE following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may also impose limits on certain features or restrict your access to part or all of dressCODE without notice or liability.
Third Party Sites, Advertising, and Others
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under our control and we are not responsible for any Third Party Sites & Ads. We provide these Third Party Sites & Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk. When you link to a Third Party Site & Ad, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads. We may also work with advertising partners that may deliver advertisements to you on or off our Site based on your activities on the Site or within the Services.
App Store
When you download our Application, you may do so through Apple Corporation’s App Store, another third party. You acknowledge that this Agreement is between you and us and not the App Store or Apple. As between the App Store and us, we, not the App Store, are solely responsible for the Services, including the Application, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce its terms. The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”): You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between dressCODE and Apple, dressCODE, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
Indemnification
You hereby agree to indemnify, defend, and hold harmless dressCODE and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use dressCODE or perform Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to dressCODE, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. dressCODE reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of dressCODE.
Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING THE SITE AND THE APPLICATIONS, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE IN-HOME STYLING SERVICES PROVIDED BY SERVICE PROVIDERS OR PRODUCTS WILL BE TO YOUR SATISFACTION. WE ARE NOT LIABLE FOR ANY DAMAGE A SERVICE PROVIDER MIGHT CAUSE WHILE ONSITE OR AT YOUR HOME OF OFFICE.
General
Arbitration Agreement And Jury Trial Waiver, Class Action Waiver, And Forum Selection Clause.
Except as set forth in this section, any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation, enforceability and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and us or the service providers or our employees, agents, successors, or assigns, will exclusively be settled through binding arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration will be conducted before one neutral arbitrator with substantial experience in resolving consumer contract disputes from the American Arbitration Association (“AAA”). As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s Consumer Arbitration Rules (which can be found here: https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&) (“Rules”).
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.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we 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; (d) we also reserve the right in our sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (g) 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 will be determined by the applicable law.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Additionally, notwithstanding this agreement to arbitrate, either party may seek emergency equitable relief before the state or federal courts located in New York, New York in order to maintain the status quo pending arbitration, and hereby agrees to submit to the exclusive personal jurisdiction of the courts located within New York, New York solely for such purpose. This shall not be deemed to include disputes regarding the interpretation, enforceability and scope of this arbitration provision and/or the arbitrability of any controversy, dispute, demand, count, claim, or cause of action, which disputes shall be resolved exclusively by the arbitrator. A request for interim measures will not be deemed a waiver of the right to arbitrate.
If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. In any case in which the dispute is initiated or pursued as a class, collective or representative action, and any part of either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the class, collective, or representative action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of subpart (a) or (b) that is enforceable shall be enforced in arbitration. Any dispute or claim not covered by this arbitration provision as described herein must be exclusively brought in state or federal court in New York, New York.
For more information on AAA, its Rules, 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.
Choice Of Law. This Agreement is made under and will be governed by and construed in accordance with the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.
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