Terms of use
Last updated on February 18. 2025
Tres Stylish LLC, a New York Limited Liability Company (“Company”), welcomes you to their website, including all information, tools, products and services provided herein (Collectively, “Services”). It is important to the Company that you and other visitors have the best possible experience while using the Services, and that, when you use the Services, you understand your terms of use, legal rights and obligations. Please read this agreement, which governs your use of the Services, including any content, functionality, and services offered on or through the Services.
Your access to the Services is on the condition that you agree to this agreement. By accessing the Services, including but not limited to, purchasing goods, subscribing to newsletters, texts and messages, you agree to this agreement. If you do not want to agree to this agreement, you shall not access the Services.
To use the Services, you must provide Company with accurate and complete information, and you must update your account information as needed to keep the information current. You may not impersonate anyone else, choose a username that may offend someone, or violate any individual’s rights.
To use the Services, 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 of residence and you have given Company your consent to allow any of your minor dependents to use our Service.
INTRODUCTION
This agreement applies to all users of the Services. By accessing any part of the Services, you agree to this agreement. If you do not want to agree to this agreement, you must leave the Services. Your use of the Services is at your sole risk. The Services are provided on an “As Is” and “As Available” basis. Company reserves the right to restrict or terminate your access to the Services or any feature or part thereof at any time. Company expressly disclaims all warranties of any kind.
The Company may change this agreement on one or more occasions by updating its Services. The top of the agreement will tell you when the Company last updated it. Changes will take effect on the “last updated” date stated on the top of these Services. Changes will not operate retroactively. The Company will try to notify you when it changes this agreement if it can do so in a reasonable manner. But you should frequently check the Services to make sure that you are operating under the most current version of the agreement.
The Company will consider your continued use of the Services after it posts the changes as your acceptance of the changes even if you do not read them. If you do not agree to the changes, your sole remedy is to stop accessing the Services. If you have any questions about this agreement or any questions or comments about the Services, please email the Company to
By accessing the Services, you state that the following facts are accurate:
1. License GrantThe Company hereby grants you a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable license to access the Services and its content for your personal and noncommercial use in accordance with this agreement. By “access,” the Company means visit the Services, use its Services, and view its content. “Content” includes the live alerts, audio transmissions, text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials found on the Services.
The internet connection required to use the Services, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g., Wi-Fi, 3G, 4G) connection between your cellular device/computer and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your internet provider), and according to its applicable terms of payment.
2. License RestrictionsThe license granted in the previous paragraph does not include any of the following:a) resale of the Services;b) distribution, public performance, or public display of the Services or the content;c) changing or otherwise making any derivative uses of the Services and the content, or any part of the Services or the content, unless the Company specifically authorizes change or derivative use in a separate written agreement with you;d) use of any data mining, robots, or similar gathering or extraction methods;e) downloading (other than Services caching) any part of the Services or the content except as permitted on the Services; orf) any other use of the Services or the content other than for its intended purpose.
Your license to access the Services does not transfer ownership of or title to a copy of any content that you view or print, and the Company only authorizes you to use your copy in accordance with this agreement. If you download or print a copy of the content for your personal use, you must retain all copyright and other proprietary notices embedded in the content. Any use of the Services or the content except as authorized by this agreement will terminate the license granted here.
Unauthorized use of the Services or the content may also violate intellectual property laws or other laws. Unless stated here, nothing in this agreement should be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
COMPANY RESERVES THE RIGHT TO REVOKE THIS LICENSE AT ANY TIME.
3. Company’s Intellectual Property Rights
3.1 Ownership of Services
Unless otherwise indicated in this agreement or on the Services, the Company owns or has a license to use:a) he Services, including its past, present, and future versions;b) all webpages found within the Services;c) all the material and information on the Services;d) all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Services; ande) all trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, contained on the Services.
Intellectual property laws, including copyright, patent, service mark, trademark, trade dress, trade secret, international treatises, and various other intellectual property and unfair competition laws protect the Services and its content. In using the Services or the content, you will comply with all governing intellectual property laws, and any specific notices contained on the Services.
3.2 Trademarks
The Company’s name and logos are the trademarks of the Company, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and trade dress of the Company, and must not be copied, imitated, or used, in whole or in part, without the Company’s advance written permission.
Other names of actual companies, products, or services mentioned on the Services may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association by or with the Company, or that those owners endorse or have any affiliation with the Services. Nothing contained on the Services should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Services, meta tags, or any other “hidden text” using marks that belong to the Company and its licensors, without advanced written permission from the Company or the third party who may own the mark.
3.2 Prices and Billing
3.3.1 General Information. The information listed on the Services do not constitute a binding offer to sell products or to make such products available. Company reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in their sole discretion, even after you have received an order confirmation, payment has been accepted or after your credit card has been charged. In the event an incorrect price is listed, Company has the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed, payment has been accepted or your credit card charged. If your payment has already been processed and your order is canceled, we will issue a refund.
Prices for products are subject to change without notice, including without limiting the eligibility or availability of any offer or discount of any kind, whether or not such offer or discount was communicated to you by Company or through the Services. Company reserves the right at any time to modify or discontinue their Services (or any part or content thereof, including without limitation any offer or discount) without notice at any time. Company shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of their Service.
Company reserves the right to correct any errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, shipping times and availability. Furthermore, Company reserves the right to cancel any order if any pertaining information on the Services are inaccurate at any time without prior notice (including after you have submitted your order).
3.3.2 Payment. You agree to provide current, complete and accurate purchase and account information for all purchases made. 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.
3.3.3 Taxes. If the Company is required to collect or pay any taxes in connection with your purchase, those taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase. These taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase or country of purchase.
3.3.4 Refunds. There are no refunds or credits for partially used items. But the Company may approve a refund in the form of a credit on request if exceptional circumstances exist. The amount and form of a refund, and the decision to provide it, is at the Company’s sole discretion. The provision of a refund in one instance does not entitle you to a refund in the future for similar instances; nor does it obligate the Company to provide refunds in the future, under any circumstance.
3.3.5 Billing Disputes. If you believe that the Company has charged you in error, you must notify the Company in writing no later than 30 days after you receive the billing statement in which the error first appeared. If you fail to notify the Company in writing of a dispute within this 30-day period, you waive any disputed charges. You must submit any billing disputes by email to and include a detailed statement describing the nature and amount of the disputed charges. The Company will correct any mistakes in a bill and may credit them against your future payments or issue a refund
3.4 User Conduct
You are solely responsible for all acts, submissions, omissions and consequences thereof that occur because of your use of the Services. You must comply with all laws that apply to your access to the Services and its content, including laws relating to the Internet, data, email, privacy, or the sending of technical data exported from the country where you live.
The Services may contain message boards, web logs, chat rooms, forums, bulletin boards and other interactive features that allow users to upload, post, create, submit, publish, make available, send, share, communicate, display or transmit to other users or other persons content, data, information, videos, images, recordings, materials, code or content of any kind on or through the Services.
As a user of the Services you may submit Content to the Services and other websites linked to the Services, including but not limited to, pictures, videos and user comments. You understand that the Services do not guarantee any confidentiality with respect to any Content you submit.
You agree to only post or upload media (like photos, videos, or audio) on the Services that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy, or any other rights of any other person.
It is strictly prohibited to upload media of any kind that contains expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use or Company’s Privacy Policy.
It is strictly prohibited to upload media of any kind that encourages racism or unlawfully discriminates on the basis of race, origin, ethnicity, nationality, religion, gender, occupation, sexual orientation, illness, physical or mental disability, faith, political view or socio-economical class.
By uploading any media on the Services like a photo or video: (a) you grant to Company a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, fully sub-licensable right and license to use, copy, print, publicly display, reproduce, modify, publish, post, transmit, create derivative works from, and distribute the media and any material included in the media; and (b) you agree to indemnify Company and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these Terms of Use.
Company reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at their sole discretion.
4. Links
The Services may contain links to third-party websites or resources. You acknowledge that the Company is not responsible or liable for (1) the availability or accuracy of those websites or resources; or (2) the content, products, or services on or available from those websites or resources. Links to third-party websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
5. Third-Party Content
Through the Services, you will have the ability to access or use content provided by third parties. The Company cannot guarantee that third-party content will be free of material you may find objectionable or otherwise. The Company will not be liable to you for your access or use of any third-party content
6. Reliance on Information Posted
The Company makes the information presented on or through the Services available for general information purposes only. The Company is not making any warranty about the accuracy or usefulness of this information. Any reliance you place on this information is strictly at your own risk. The Company will not be liable for any reliance placed on these materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
The Services include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, or aggregators. All information, statements or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person providing these materials. These materials do not reflect the opinion of the Company. The Company will not be liable to you or any other person for the content or accuracy of any materials provided by any third parties.
7. No Endorsement
The Company operates the Services as a neutral host, and the Company does not regularly monitor, regulate, or police the use of the Services by any of its participants. The participation in the Services by a visitor, user, performer, or other third party (collectively, the “participants”) does not constitute an endorsement by the Company of that participant. The Company is not responsible for the acts, omissions, agreements, promises, content, products, or other services, comments, opinions, advice, statements, offers, or information of any participant.
8. Privacy
For information about how the Company collects, uses, and shares your information, please review the Privacy Policy. You acknowledge that by using the Services, you consent to the collection, use, and sharing (as set out in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing, and use by the Company.
9. Copyright Policy
Company respects the intellectual property rights of others and expects users of the Services to do the same. The Company will respond to notices of alleged copyright infringement that comply with law and are properly provided to the Company. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent with the following information in accordance with the Digital Millennium Copyright Act (DMCA):
10. Termination
Company Policy. It is Company’s policy to terminate the user accounts of repeat infringers.
Termination on Notice. Either party may terminate this agreement at any time by notifying the other party. You may submit a request to terminate your account by emailing us at . This will not automatically delete the content submitted by you while using the Services. We may need to retain certain information as required by law or as necessary for Company’s legitimate business purposes.
Termination by the Company. The Company may suspend, disable, or cancel your access to the Services (or any part of it) if it determines that you have breached this agreement or that your conduct would tend to damage the Company’s reputation and goodwill. If the Company terminates your access for any of these reasons, you must not access the Services. The Company may block your email address and IP address to prevent further access.
Effect of Termination. On termination of your access to or ability to use the Services, your right to use or access the Services will immediately end. Termination of your access to the Services will not relieve you of any obligations arising or accruing before termination or limit any liability that you otherwise may have to the Company or any third party. You are solely responsible for making sure that all invoices are paid and that any recurring billing is cancelled.
Survival of Provisions. This agreement’s provisions that by their nature should survive termination will survive termination, including ownership provisions, indemnification, disclaimers, exclusions, and limitations of liability
A. Changes to the Services; Availability
Although the Company may update the content on the Services on one or more occasions, the content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and the Company is not required to update that material. If you believe you have found errors or omissions on the Services, you can bring them to the Company’s attention by email at .While the Company will try to make sure that the Services are always available, it does not guarantee continuous, uninterrupted, or secure access to the Services. Many factors or circumstances outside of the Company’s control may interfere with or adversely affect its operation of the Services.
B. Compliance with Law
The Company is located in the United States. The Company is not making any statement that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services might not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for complying with all local laws.
C. Acknowledgements and Disclaimers
You acknowledge that the Company cannot and does not state that files available for downloading from the Internet or the Services will be free from loss, corruption, attack, viruses or other destructive code, interference, hacking, or other security intrusions. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for keeping a means external to the Services for any reconstruction of any lost data. The Company will not be liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, viruses, or other technologically harmful material that might infect your computer equipment, computer programs, cellular phones, data, or other proprietary material due to your use of the Services or any services or items obtained through the Services or to your downloading of any material posted on the Services, or on any website linked to the Services.
You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect to this content.
The Company will use reasonable efforts to protect information submitted by you in connection with the Services, but you acknowledge that your submission of this information is at your sole risk, and the Company will not be liable to you for any loss relating to that information.
You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of and reliance on the Services, and you further agree and acknowledge that your use of or reliance on the Services are made entirely at your own risk. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Service.
Your use of the Services, its content, and any services or items obtained through the Services is at your own risk. The Company provides the Services, its content, and any services or products obtained through the Services “as is,” “with all faults,” and “as available,” without making any warranty, either express or implied. The Company is not making any warranty (1) that the Services, its content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted; (2) that defects will be corrected; (3) that the Services or the server that makes it available are free of viruses or other harmful components; or (4) that the Services or any services or products obtained through the Services will otherwise meet your needs or expectations.
The Company is not making any warranty, whether express, implied, statutory, or otherwise, including any warranty of merchantability, title, non-infringement, privacy, security, and fitness for particular purpose. No advice or information, whether oral or written, obtained from the Company, the Services, or elsewhere will create any warranty not expressly stated in this agreement.
D. Limit on Liability; Release
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any of the following:
You hereby release the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors from all liability arising out of the use of the Services, purchases made, submissions or the conduct of other users/third parties, including disputes between you and one or more other users or third parties.
E. Exclusion of Damages; Exclusive Remedy
Unless caused by gross negligence, the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable to you for any direct, indirect, special (including so-called consequential damages), statutory, punitive, or exemplary damages arising out of or relating to your access or your inability to access the Services or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
The Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors also will not be liable to you for any damages for (1) personal injury, (2) pain and suffering, (3) emotional distress, (4) loss of revenue, (5) loss of profits, (6) loss of business or anticipated savings, (7) loss of use, (8) loss of goodwill, (9) loss of data, (10) loss of privacy, or (11) computer failure related to your access of or your inability to access the Services or the content. This exclusion applies regardless of theory of liability and even if you told the Company about the possibility of these damages or the Company knew or should have known about the possibility of these damages.
If you are dissatisfied with the Services or have any other complaint, your exclusive remedy is to stop using the Services, unsubscribe and cancel your membership/subscriptions. The maximum liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to you for any claim will not exceed the greater of $100 or the amount you have paid to the Company for the applicable purchase out of which liability arose even if the remedy fails of its essential purpose.
F. Scope of Disclaimers, Exclusions, and Limits
The disclaimers, exclusions, and limits stated in this agreement apply to the greatest extent allowed by law, but no more. The Company does not intend to deprive you of any mandatory protections provided to you by law. Because some jurisdictions may prohibit the disclaimer of some warranties, the exclusion of some damages, or other matters, one or more of the disclaimers, exclusions, or limits will not apply to you.
G. Indemnification
You will be held responsible for paying the Company, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) for any loss of the Indemnified Parties’ that is caused by any of the following:
But you are not required to pay if the loss was caused by the Indemnified Parties’ intentional misconduct.
Definitions
“Loss” means an amount that the Indemnified Parties are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory of recovery; and includes incidental, direct, and consequential damages. A loss is “caused by” an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.
Indemnified Parties’ Duty to Notify YouIf the Indemnified Party has your contact information, the Indemnified Party will notify you before the 30th day after the Indemnified Party knows or should reasonably have known of a claim for a loss that you might be compelled to pay. But the Indemnified Party’s failure to give you timely notice does not end your obligation, except if that failure prejudices your ability to defend or mitigate losses.
Legal Defense of a ClaimThe Indemnified Party has control over defending a claim for a loss (including settling it), unless the Indemnified Party directs you to control the defense. If the Indemnified Party directs you to control the defense, you will not settle any litigation without the Indemnified Party’s written consent if the settlement (1) imposes a penalty or limitation on the Indemnified Party, (2) admits the Indemnified Party’s fault, or (3) does not fully release the Indemnified Party from liability. You and the Indemnified Party shall cooperate with each other in good faith in regards to the claim.
No ExclusivityThe Indemnified Parties’ rights under this section do not affect other rights they might have.
H. Governing Law; Place for Resolving Disputes
The Services is governed in all respects by the laws of the State of New York, without giving effect to principles of conflicts of laws. By entering the Services, you knowingly and voluntarily submit to the exclusive jurisdiction of the state and federal courts located in the State of New York for the purposes of any action, suit, or other proceeding arising out of this agreement. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.
I. Dispute Resolution
Each party will allow the other a reasonable opportunity to comply before it claims that the other has not met the duties under this agreement. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties arising out of or relating to the Services or this agreement.
Litigation ElectionEither party may elect to litigate the following type of case or controversy: (a) an action seeking injunctive relief, or (b) a suit to compel compliance with this dispute resolution process.
MediationIf the parties cannot settle a dispute arising out of or relating to the Services or this agreement through negotiation after 30 days, either party may, by notice to the other party and the American Arbitration Association (AAA) office located in New York, NY demand mediation under the AAA Mediation Rules. Mediation will take place in New York, NY. The language of the mediation will be English. Each party will bear its own costs in mediation, and the parties will share equally between them all third-party mediation costs unless the parties agree differently in writing. Each party will participate actively and constructively in mediation proceedings once started and will attend at least one joint meeting between the mediator and the parties. Any party may terminate mediation at any time after an initial meeting between the mediator and the parties.
Procedure. If the parties cannot settle a dispute through mediation, the parties will settle any unresolved dispute arising out of or relating to the Site or this agreement by binding arbitration administered by the AAA in accordance with the Rules of Arbitration of the American Arbitration Association. The arbitrator, and not any court or agency, will have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this agreement, including any claim that any part of this agreement is void or voidable.
Location. Unless the parties agree otherwise, the arbitration shall take place in New York, NY. For any action not subject to arbitration, you submit to the personal jurisdiction of a state or federal court located in New York, NY.
Fees. Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration.Award. The award rendered by the arbitrator must include costs of arbitration, reasonable legal fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Confidentiality. Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under this agreement without the advance written consent of both parties.
Right to Injunctive ReliefNothing in this section will prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Services.
Recovery of Expenses
Jury Trial Waiver. Both parties hereby waive the right to a trial by jury for any dispute arising out of or relating to the Services or this agreement. Either party may enforce this waiver up to and including the first day of trial.
Class Action Waiver. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless the Company agrees otherwise, the arbitrator will not consolidate more than one person’s claims. Both parties acknowledge that each party is waiving the right to participate in a class action.
Limitation on Time to Bring Claims. A party will not file a claim arising out of or relating to the Services or this agreement more than one year after the cause of action arose. Any claim brought after one year is permanently barred.
Entire Agreement. This agreement constitutes the entire agreement between you and the Company about your access to the Services. It supersedes all earlier or contemporaneous agreements between you and the Company about access to the Services. A printed version of this agreement will be admissible in any proceedings arising out of (or relating to) this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form. Any additional terms on the Services will govern the items to which they pertain.
Copy of this AgreementYou may—and the Company recommends that you—print this agreement on your printer or save them to your computer. If you have trouble printing a copy, please email the Company at and the Company will email you a copy.
ChangesThe Company may change this agreement on one or more occasions. The Company will try to post changes on the Services at least 15 days before they become effective. Changes will become effective on the “last updated” date stated at the top of this page. Changes will not apply to continuing disputes or to disputes arising out of (or relating to) events happening before the posted changes. While the Company will try to notify you when the Company changes this agreement, the Company does not assume an obligation to do so, and it is your responsibility to frequently check this page to review the most current agreement. By continuing to use the Services after the Company posts changes to this agreement, you agree to the revised agreement. If you do not agree to the revised agreement, your exclusive remedy is to stop accessing the Services. If you need more information about the changes or have any other questions or comments about the changes, please contact the Company at info@shopclojo.com.
Assignment and DelegationThe Company may assign its rights or delegate any performance under this agreement without your consent. You will not assign your rights or delegate your performance under this agreement without the Company’s advanced written consent. Any attempted assignment of rights or delegation of performance in breach of this section is void.
No WaiversThe parties may waive any provision in this agreement only by a writing signed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy, or in requiring the satisfaction of any condition, under this agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver made in writing on one occasion is effective only in that instance and only for the purpose stated. A waiver once given is not to be construed as a waiver on any future occasion or against any other person.
SeverabilityThe parties intend as follows:
Sending Notice to the CompanyYou may send notice to the Company by email at .unless a specific email address is set out for giving notice. The Company will consider an email notice received by the Company only when its server sends a return message to you acknowledging receipt. The Company may change its contact information on one or more occasions by posting the change on the Services. Please check the Services for the most current information for sending notice to the Company.
Sending Notice to You—Electronic NoticeYou consent to receiving any notice from the Company in electronic form either (1) by email to the last known email address the Company has for you or (2) by posting the notice on a place on the Services chosen for this purpose. The Company will consider notices sent to you by email received when its email service shows transmission to your email address. You state that any email address you gave the Company for contacting you is a current and valid email address for receiving notice, and that your computer/cellular phone has hardware and software configured to send and receive email through the Internet and to print any email you receive.
Force MajeureThe Company is not responsible for any failure to perform if unforeseen circumstances or causes beyond its reasonable control delays or continues to delay its performance, including:
No Third-Party BeneficiariesThis agreement does not, and the parties do not intend it to, confer any rights or remedies on any person other than the parties to this agreement.
Relationship of the PartiesThis agreement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship between the parties and the parties expressly disclaim the existence of any of these relationships between them. Neither of the parties is the agent for the other, and neither party has the right to bind the other on any agreement with a third party.
Successors and AssignsThis agreement inures to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate obligations under this agreement.
Permission to Email YouYou grant the Company permission to email you notices, advertisements, and other communications to you, including emails, advertisements, and notices. Your permission will continue until you ask the Company to remove you from its email list. For more information, please see the
Electronic Communications Not PrivateThe Company does not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to the Company or from the Company as open communications readily accessible to the public. You should not use the Services to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Services may read all messages you send to the Services regardless of whether they are intended recipients.
Electronic SignaturesAny affirmation, assent, or agreement you send through the Services will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your finger, mouse, keystroke, or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
FeedbackThe Company encourages you to provide feedback about the Services. But the Company will not treat as confidential any suggestion or idea provided by you, and nothing in this agreement will restrict its right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.
English languageThe Company drafted this agreement in the English language. No translation into any other language will be used to interpret or construe this agreement. All services, support, notices, designations, specifications, and communications will be provided in English.
Your Comments and ConcernsYou should direct all feedback, comments, requests for technical support, and other communications relating to the Services to .
UsagesIn this agreement, the following usages apply:
Company reserves all rights not expressly granted to you.