Style Fees Have to be paid to confirm Appointments
No Refunds, only Credits for Future Service
If there is any cancellations funds can be applied to a future appointment
If canceled in less than 24 hrs there is a $300.00 restocking fee that must be paid before a rescheduled appointment is set
Adhere to all Stores/Boutiques Return & Exchange Policies
If a client changes their mind about a item or wants to exchange an item after the appointment is already over the client has 24 hrs to let their stylist know and there is a $50.00 fee to go back to the client and pick the item up to return/exchange back to the store or boutique
If the client has a pet/pets please lock the animal up before stylists enters the home, or be held liable for any injuries that occur on your property due to a pet being loose ie a bite incident etc
All agreements are binding
Non Disparity Clause
Mediation for all disputes
Weather Clause: any snow or extreme weather shoot will have to be rescheduled or have to work within the limitations of the weather, there are no refunds or adjustments, but can be rescheduled without additional fees
Photo Release: I hereby grant the releasee permission to use photographs in any of the following:
- Web-based publications
- Social media marketing
- Print advertisements
- Organization bulletins
I hereby affirm that such release to the releasee does not constitute any form of compensation, including royalties arising from the photographs, to my benefit.
I understand and agree that photographs in the possession of the releasee shall become the property of the releasee. The use and publication of the photographs however, shall conform to my rights as a subject of said photographs.
I hereby waive my right to inspect of approve the photographs by which my likeness appears.
I hereby hold harmless, release, and forever discharge Styled be Love E from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
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- Terms of Service
-
- Styled by Love E (also referred to herein as “Styled,”) is an application that provides professional fashion
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- styling and services at the touch of your fingertips to create an easy, enjoyable, personalized styling and
-
- shopping experience. Styled offers a service that brings the clothing and accessories you desire directly to
-
- you.
-
- THIS TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) IS BETWEEN LOVE E, LLC (“COMPANY”) AND
-
- YOU (“CLIENT”) AND GOVERNS YOUR USE OF THE SERVICES OFFERED THROUGH THE WEBSITE, MOBILE
-
- APPLICATION, AND IN PERSON. IF CLIENT IS ENTERING INTO THIS AGREEMENT ON BEHALF OF A
-
- COMPANY OR OTHER ENTITY, CLIENT REPRESENTS THAT CLIENT IS THE EMPLOYEE OR AGENT OF SUCH
-
- COMPANY (OR OTHER ENTITY) AND THAT CLIENT HAS THE AUTHORITY TO ENTER INTO THIS AGREEMENT
-
- ON BEHALF OF SUCH COMPANY (OR OTHER ENTITY). BY CREATING AN ACCOUNT AND CLICKING ON THE
-
- “ACCEPT” BUTTON BELOW, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ ALL OF THE TERMS AND
-
- CONDITIONS SET FORTH BELOW, UNDERSTANDS ALL OF THE TERMS AND CONDITIONS OF THIS
-
- AGREEMENT, AND AGREES THAT CLIENT AND CLIENT’S PRINCIPLE SHALL BE BOUND BY ALL OF THE
-
- TERMS AND CONDITIONS OF THIS AGREEMENT. IF CLIENT DOES NOT AGREE TO ANY OF THE TERMS AND
-
- CONDITIONS OF THIS AGREEMENT, COMPANY IS UNWILLING TO LICENSE THE SOFTWARE OR PERFORM
-
- SERVICES (AS DEFINED BELOW) TO CLIENT, AND CLIENT MUST CLICK ON THE “DO NOT ACCEPT” BUTTON.
-
- THE “EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE UPON WHICH CLIENT CLICKS THE “ACCEPT”
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- BUTTON. FOR THE PURPOSE OF THIS AGREEMENT, CLIENT AND, IF APPLICABLE, SUCH COMPANY (OR
-
- OTHER ENTITY OR PRINCIPLE) WILL BE HEREIN REFERRED TO AS THE “CLIENT”.
-
- IN ADDITION TO ALL OTHER TERMS OF THIS AGREEMENT, CLIENT IS WARNED TO NEVER OPERATE STYLED
-
- BY LOVE E OR ANY OTHER MOBILE APPLICATION USING A WIRELESS OR MOBILE DEVICE WHILE
-
- OPERATING A MOVING VEHICLE.
-
- Company reserves the right at any time to modify this Agreement and to impose new and/or additional
-
- terms or conditions on Client’s use of the Services (as defined below). Such modifications and additional
-
- terms and conditions will be communicated to Client and, if accepted, will be effective immediately and
-
- will be thereby incorporated into this Agreement. In the event that Client refuses to accept such changes,
-
- Company will have the right to terminate this Agreement and Client’s Account (as defined below. For
-
- additional information, see Section 9 of this Agreement.
-
- Please read the terms carefully before clicking “Accept”.
-
- 1) DEFINITIONS.
-
- a) “Account” means Client’s personal identifying information through which they gain access to the
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- services provided by the Company on the Mobile Application
-
- b) “Agreement” means this Terms of Service Agreement, as amended from time to time by the
-
- Company.
-
- c) “Beta Features” means new and/or updated features of the Services, and/or trial periods that
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- Company may choose to offer from time to time.
-
- d) “Company” means Love E, LLC, a Georgia limited liability company
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- e) “Content” means any information that may be generated or encountered by Client through
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- Client’s use of the Services, such as personal information, credit cards, data files, device
-
- characteristics, written text, ideas, opinions, graphics, photographs, images, sounds, videos,
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- messages and any other like materials provided or made available by Client.
-
- f) “Client” means you, the party agreeing to this Agreement.
-
- g) “Intellectual Property Rights” means any and all right, title and interest in and to the Software
-
- and any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of
-
- intellectual property rights recognized in any jurisdiction, including applications and registrations
-
- for any of the foregoing property rights.
-
- h) “Mobile Application” means the mobile application “Styled by Love E,” and any and all derivative
-
- versions and/or updated versions of “Styled by Love E,” which is also referred to as “Styled.”
-
- i) “Program” means any Beta Features offered as part of any public beta program.
-
- j) “Services” means certain services provided by Company that permits Client to use the Mobile
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- Application or any other method of delivery of services to schedule personal styling consultations
-
- and services, whether by use of Company website, Mobile Application, in person, or other
-
- provider applications.
-
- k) “Software” means any and all graphics, user interface, scripts and/or software used to implement
-
- the Services and the Mobile Application, and any software provided to Client as a part of and/or
-
- in connection with the Services and/or Mobile Application.
-
- 2) LICENSE TO CLIENT. Company hereby grants to Client a nonexclusive, nontransferable, nonsublicensable,
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- revocable and limited license to access and use the Mobile Application and Services
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- provided solely for Client’s individual purposes, subject to all limitations and restrictions listed herein.
-
- 3) ACCOUNT USE & RESTRICTIONS
-
- a) User Accounts. In order to use most aspects of the Services, Client must register for and maintain
-
- an active Account. Client must be at least 18 years of age, or the age of legal majority in your
-
- jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
-
- Account registration requires you to submit to Company certain personal information, such as
-
- Client’s name, address, mobile phone number and age, as well as at least a valid payment method
-
- supported by the Company (“Account Information”). Alternatively, you may, if available, create
-
- an Account and submit Account Information using your valid social networking service (“SNS”)
-
- account, by entering your SNS credentials and connecting to the Services. Company has or may
-
- create interfaces that allow the Client to connect with SNS’s such as Facebook through the Mobile
-
- Application. By connecting your SNS account to the Services, Client represents that you are
-
- entitled to grant Company access to your SNS account without breach by you of any SNS terms
-
- and conditions and without obligating Company to pay any fees.
-
- b) Authorized Use. Client agrees to maintain accurate, complete, and up-to-date Account
-
- Information in your Account. Client is solely responsible for maintaining the confidentiality and
-
- security of the Mobile Application and other Services, and for all activities that occur on or through
-
- Client’s use of the Mobile Application and other Services. Client’s failure to maintain accurate,
-
- complete, and up-to-date Account Information, including having an invalid or expired payment
-
- method on file, may result in your inability to access or use the Services on Mobile Application.
-
- Client is responsible for all activity that occurs under the Account, and Client agrees to maintain
-
- the confidentiality and security of your Account username and password at all times. Unless
-
- otherwise permitted by Company in writing, Client may only possess one Account.
-
- c) User Requirements and Conduct. The Services on Mobile Application are not available for use by
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- persons under the age of 18. Client may not authorize third parties to use their Account, and Client
-
- may not allow persons under the age of 18 to receive Services unless they are accompanied by
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- Client. Client may not assign or otherwise transfer the Account to any other person or entity.
-
- Client agrees to comply with all applicable laws when accessing or using the Services, and may
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- only access or use the Services for lawful purposes (e.g., no transport of unlawful or hazardous
-
- materials). Client may not access or use the Mobile Application to cause nuisance, annoyance,
-
- inconvenience, or property damage, whether to the Company, or any other party. In certain
-
- instances, Client may be asked to provide proof of identity or other method of identity verification
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- to access or use the Services, and Client agrees that you may be denied access to or use of the
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- Services if you refuse to provide proof of identity or other method of identity verification.
-
- 4) STYLING FEE
-
- a) When you schedule Services through the Mobile Application, Client will be charged a nonrefundable
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- “Styling Fee” in the amount set forth on the Mobile Application. The Styling Fee will
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- be charged to the preferred payment method designated in your Account on the Mobile
-
- Application. We reserve the right to modify the Styling Fee as we see fit in the regular course of
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- business operations. You will be notified of any and all modifications, which will take effect in
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- accordance with Section 9 of this Agreement.
-
- b) The Styling Fee is non-refundable. If Client no longer desires Services on the scheduled day, Client
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- may reschedule Services to a later date or receive a credit on the Account to use to schedule
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- Services at a later date (“Styled Credit”). If you have a Styled Credit on your Account at the time
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- of processing the Styling Fee or paying for Products, the Styled Credit may be applied before we
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- charge your credit card or use other payment methods then available on the Mobile Application.
-
- To be clear, the Styled Credit may only apply to the Styling Fee and shall not be applied to any
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- other fees or payments, including without limitation, Charges incurred to purchase Articles, the
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- Return Fee, or any other transaction fees that may apply.
-
- c) If Client chooses to automatically receive Services, Client agrees that Company may charge a
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- Styling Fee to your Account on a recurring basis according to the frequency Client selects until you
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- cancel the automatic scheduling of Services by (i) changing the Account Information settings on
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- the Mobile Application or (ii) contacting Company stating that you want to stop receiving
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- automatically scheduled Services currently associated with your account.
-
- d) By submitting payment of the Styling Fee information to us, Client authorizes us to charge the
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- preferred payment method designated in your Account on the Mobile Application in accordance
-
- with this policy. Client represents that you will not use any credit card or other form of payment
-
- unless Client has all necessary authorization to do so. Company will not be liable in the event any
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- third party acting with or without Client’s permission uses Client’s credit card, PayPal account, or
-
- other means of payment to obtain Services on the Mobile Application; however, Client may report
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- any unauthorized use to Company, and we will use reasonable measures within our control to
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- help prevent future unauthorized use of your credit card or other payment method.
-
- e) Company may from time to time provide certain users with promotional offers and discounts on
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- Styling Fees that may result in different amounts charged for the same or similar Services obtained
-
- through the use of the Mobile Application, and Client understands and agrees that such
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- promotional offers and discounts, unless also made available to you, shall have no bearing on
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- your use of the Mobile Application or the Charges applied to you.
-
- 5) SERVICES
-
- a) Styled Profile. Client will provide information about size, fit, and style preferences as well as
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- desired price range on the Mobile Application in order to establish your style profile (“Styled
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- Profile”). In order for the Services to work best for you, Client should keep the Styled Profile up to
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- date.
-
- b) Styled Consultation.
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- i) Client will schedule personal styling consultation Services through the Mobile Application
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- during the normal business hours of 10:00 a.m. to 9:00 p.m., which are subject to change from
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- time to time as Company sees fit (“Styled Consultation”). Client will be able to choose a time
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- for the Styled Consultation based on the availability of the Company as reflected on the
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- Mobile Application. A professional style and fashion consultant (“Styled Consultant”) will
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- bring clothing and accessories (“Articles”) from various retailers for which Company is
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- authorized on your behalf to facilitate your transactions with these retailers (“Retailer(s)”) at
-
- the Styled Consultation based on the Client’s Styled Profile. Company will make its best effort
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- to bring Articles that match the preferences stated in Client’s Styled Profile but does not
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- guarantee that every item will comply with those preferences. Client acknowledges the
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- subjective nature of the services to be provided and that the Styled Consultant is expected to
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- push the envelope in pursuit of fashion and artistic expression.
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- ii) Client will have the opportunity to inspect the Articles, and Client alone shall determine whether
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- to purchase Articles from the Retailer. Company does not own nor will Company offer any
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- Articles to Client for purchase. Client acknowledges that Company only provides services in
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- fashion consulting and transaction facilitation. Client also acknowledges that Company
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- facilitates the purchase transaction online and at the Retailer’s place of business. Client
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- understands and acknowledges that Company is not a retailer or an agent thereof. Should
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- client choose to purchase a Retailer’s Article, Company is performing a service of facilitating
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- Client’s transaction with Retailer. Company will transfer funds from Client to Retailer as a
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- service to Client. Client acknowledges that it is not purchasing the Articles from nor is the
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- Company selling the Articles to Client. Client acknowledges that if Client should choose to
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- purchase an Article, that the Article is being purchased by Client directly from the Retailers in
-
- accordance with this Section 5. Client accepts that the terms of the transaction may be
-
- subject to Retailer’s policies and procedures regarding, defect, return, or store credit, if any,
-
- and hereby releases Company from any and all issues arising from or related to the Articles
-
- or Client’s purchase thereof to the fullest extent permitted by law.
-
- iii) Your scheduling of Services is an offer for Services and we may accept your offer by processing
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- your Styling Fee, appearing for a Styled Consultation, and facilitating the purchase transaction
-
- between you and the respective retailers. At any time and for any reason, we may decline to
-
- accept your request for Services. If we decline to accept your request for Services, we may
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- attempt to notify you at the email address you provided.
-
- c) Charges.
-
- i) As part of the Services, Company will facilitate the purchase transaction between Client and the
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- Retailers who provided the Articles at the Styled Consultation. Client understands that use of
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- the Services may result in additional charges and transaction fees. Company will charge client
-
- for the funds necessary to make the purchase transaction, inclusive of applicable taxes where
-
- required by law, (“Charges”) on the preferred payment method as designated in your Account
-
- on the Mobile Application.
-
- ii) Should Client choose to purchase an Article from a Retailer, any and all Charges Client incurs for
-
- such product will be paid directly to the Retailers, Company will collect and remit payment to
-
- the Retailers on Client’s behalf to facilitate the transaction at the convenience of Client. Client
-
- agrees that the Payment of the Charges shall be considered the same as payment made
-
- directly by Client to the Retailer as if the transaction had been completed at the Retailer’s
-
- place of business. Client will only be charged for those Articles Client desires to purchase. The
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- remaining Articles will be returned to the rightful Retailers, who own the Articles. Client
-
- hereby warrants that Client will make its best effort to only purchase Articles they intend to
-
- keep. Client hereby warrants that Client will have inspected the Articles for defects and is
-
- otherwise satisfied with the condition of each article Client intends to purchase before asking
-
- to Company to facilitate any transactions on Client’s behalf.
-
- iii) Client acknowledges and understands that they are not purchasing Articles from the
-
- Company, but rather as part of Company’s Services are directing Company to facilitate an
-
- online purchase with the Retailers of the desired Articles and as such the location of the sale
-
- is the Retailer’s place of business.
-
- iv) Client is not entitled to possess any Articles Client does not purchase from the Retailers. If you
-
- find any Articles in your home or any other location of a Styled Consultation for which your
-
- Account has not been changed, Client agrees to immediately inform Company and to make
-
- every effort to coordinate the Articles’ safe return to the Company so that it may be rightfully
-
- returned to the Retailer who owns the Article. If any Articles are in your possession that you
-
- have not purchased, and you do not come forward in properly returning them in their original
-
- condition, your Account will be charged to the preferred payment method designated in your
-
- Account on the Mobile Application to facilitate a purchase transaction with the Retailer and
-
- you hereby consent to be bound to the transaction.
-
- 6) CANCELLATIONS, RETURNS, AND EXCHANGES
-
- a) Cancellation. Client may elect to cancel your request to purchase an Article at any time prior to
-
- the completion of such purchase transaction with Retailer, i.e. before payment has been
-
- remitted to the Retailer. In such case, Company will cease further action in purchasing the
-
- Article from the Retailer and return Charges obtained for the purpose of facilitating the
-
- purchase from the Retailer. Transaction fees may not, in Company’s sole discretion, be
-
- refunded. Amounts to be refunded shall, when reasonably possible, be returned to the
-
- preferred payment method designated in your Account on the Mobile Application. If an Article is
-
- in Client’s possession at cancelation, Client will make its best effort to promptly return the
-
- Article to Company in mint condition, for Company to return the Article to the rightful Retailer,
-
- who owns it. Client understands and acknowledges Client may cancel the transaction only prior
-
- to completion of such purchase transaction, and if the Article purchase has been made, Client
-
- shall be subject to the return and exchange policies of each Retailer. If the condition of the
-
- Article has materially deteriorated while in Client’s possession, Company reserves the right not
-
- to cancel the purchase.
-
- b) Returns and Exchanges.
-
- i) If Client decides you no longer desire to keep a purchased Article, Client will contact
-
- Company or the Styled Consultant immediately to determine whether the facilitation of a
-
- return or exchange is possible. Returns and exchanges for any and all Article after purchase
-
- shall be governed by the return and exchange policies of the Retailers from which the
-
- Articles were purchased. Company does not provide any additional return policy for
-
- purchased Articles, as Company does not and will not sell any Articles to Client. Company
-
- strictly acts as a service provider facilitating Client’s transaction with Retailers.
-
- ii) Company may, in its sole discretion, charge a twenty-five-dollar ($25.00) fee for the
-
- reasonable time and effort expended to attempt a return (“Return Fee”). Client agrees to
-
- pay any such Return Fee regardless of the outcome. Additional fees may be assessed by
-
- credit card or other third-party providing money services. Client agrees to be charged for
-
- any accompanying transaction cost arising from or related to the return of an Article to a
-
- Retailer through the Mobile Application.
-
- iii) In the event a Retailer accepts a return or exchange, Client’s Account will be reimbursed for
-
- successful returns to the preferred payment method designated on the Account on the
-
- Mobile Application, transaction fees may apply. Alternatively, Company will deliver to Client
-
- any store credit receipts on returns and any exchanged Articles from the Retailer.
-
- iv) Any and all returns and exchanges Client desires Company to facilitate must be
-
- communicated to Company no later than five (5) days before the Retailer’s return or
-
- exchange policy expires (the “Return Date”). Any and all Articles with a return or exchange
-
- policy less than the time allotted in the Return Date will not be facilitated through the
-
- Services of the Company, and Client will be notified of such Articles at the Styled
-
- Consultation. In such instance, Client shall be responsible for requesting a return or
-
- exchange directly with the Retailer.
-
- v) In some instances, a return or exchange may not be possible. Client agrees that Company
-
- shall not be responsible to Client for any purchased Article for which Client is unable to
-
- successfully return or exchange.
-
- c) Any returned Articles must be unworn and in the original condition they were presented at the
-
- Styled Consultation. Client will retain title to the Article and risk of loss of the Article will remain
-
- with Client until the Retailer receives the cancelled, returned, or exchanged Articles and the
-
- Retailer accepts that the Articles were returned unworn, in their original condition, and within
-
- the return or exchange policy of the retailer and Retailer thereby accepts the return or
-
- exchange. Unfortunately, although Company will make reasonable efforts to assist in a return,
-
- Company cannot guarantee that you will be able to return, exchange or replace any item. In
-
- certain cases, Company may advise Client to contact the Retailer directly to handle the return or
-
- exchange.
-
- 7) ACCESS TO SERVICES THROUGH APP STORES
-
- a) With respect to any mobile application accessed through or downloaded from the Apple App
-
- Store, Google Play Store or any similar store or marketplace (each an “App Store” and references
-
- to the App Store include the corporate entity and its subsidiaries making the App Store available
-
- to you), you agree to comply with all applicable third party terms of the App Store (the “Usage
-
- Rules”) when using the Mobile Application. To the extent this Agreement provides for usage rules
-
- that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive
-
- term applies.
-
- b) Client acknowledges and agrees that the availability of the Mobile Application and the Services is
-
- dependent on the third party from whom you received the Mobile Application license, e.g., the
-
- App Store. You acknowledge that this Agreement is between you and us and not with the App
-
- Store. We, not the App Store, are solely responsible for the Mobile Application and Services
-
- offered, the content thereof, maintenance, support services, and warranty therefor, and
-
- addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual
-
- property infringement). In order to use the Mobile Application, Client must have access to a
-
- wireless network, and Client agrees to pay all fees associated with such access. Client also agrees
-
- to pay all fees (if any) charged by the App Store in connection with the Mobile Application or
-
- Services. Client agrees to comply with, and Client’s license to use the Mobile Application is
-
- conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the
-
- App Store’s terms and policies) when using the Mobile Application or Services. Client
-
- acknowledges that the App Store (and its subsidiaries) are third-party beneficiaries of this
-
- Agreement and will have the right to enforce such.
-
- 8) LICENSE TO COMPANY
-
- a) License of Content: Company may, in Company’s sole discretion, permit Client from time to time
-
- to submit, upload, publish, or otherwise make available to Company through the Services textual,
-
- audio, and/or visual content and information, including commentary and feedback, including any
-
- information, content, or other materials, the Client has provided to or stored in your SNS account,
-
- related to the Services, initiation of support requests, and other activities related to Services
-
- (“Content”). Client grants to Company and its contractors, heirs and assigns, an irrevocable,
-
- royalty-free, worldwide license to access, use, copy, modify, and delete any Content without
-
- further notice to or consent from Client. Notwithstanding material Company licenses to Client,
-
- Company does not claim ownership of the materials and/or Content submitted or made available
-
- with the Services, and all Content remains Client property. However, by submitting or
-
- downloading, and/or maintaining such Content that is shared by Client with the public or other
-
- users with whom Client consents to share such Content, Client grants Company a worldwide,
-
- royalty-free, non-exclusive license to use, distribute, reproduce, create derivative works of,
-
- modify, adapt, publish, translate, publicly perform and publicly display Content and/or materials
-
- for the purpose for which such Content was submitted or made available, without any
-
- compensation, consideration, or obligation to Client. Client agrees that any Content submitted or
-
- provided to Company by Client is Client’s sole responsibility, shall not infringe upon or violate the
-
- rights of any other party, or third- party, or violate any laws, contribute to infringing or otherwise
-
- unlawful conduct. By submitting or providing such Content within the Services that is accessible
-
- by third-parties, Client represents and warrants that Client is the owner of such material and/or
-
- has all necessary rights, licenses, and authorization to distribute it and/or utilize it in the way(s)
-
- that it is being utilized within the Services.
-
- b) License to Company: Transmission of Client’s Content. It is the Client’s intention and
-
- understanding that, in order to provide the Services and make Client’s Content available thereon,
-
- Company may transmit Client’s Content across various public networks, in various media, and
-
- modify or change Client’s Content to comply with technical requirements of connecting networks,
-
- devices and/or computers. Client agrees that the licenses contained herein permit Company to
-
- take any such actions.
-
- 9) LICENSE RESTRICTIONS.
-
- a) Ownership. As between the parties, Company owns all Intellectual Property Rights embodied or
-
- used in connection with the Services. As between the parties and subject to the terms and
-
- conditions of this Agreement, Client owns all right, title and interest in and to the Content
-
- generated by the use of the Software by Client. There are no implied licenses in this Agreement,
-
- and Company reserves all rights not expressly granted under this Agreement.
-
- b) No Reverse Engineering. Unless otherwise expressly set forth in this Agreement, Client will not:
-
- (a) modify, translate or create derivative works of the Software, or Services; (b) decompile,
-
- reverse engineer or reverse assemble any portion of the Software or attempt to discover any
-
- source code or underlying ideas or algorithms of the Software; (c) sell, assign, sublicense, rent,
-
- lease, loan, provide, distribute or otherwise transfer all or any portion of the Software; (d) make,
-
- have made, reproduce or copy the Software; (e) remove or alter any trademark, logo, copyright
-
- or other proprietary notices associated with the Software; and/or (f) cause or permit any other
-
- party to do any of the foregoing.
-
- c) Limited use of Services. Client agrees to use the Services only for purposes permitted by this
-
- Agreement, and only to the extent permitted by any applicable law, regulation, or generally
-
- accepted practice in the applicable jurisdiction. If Client’s use of the Services or other behavior
-
- intentionally or unintentionally threatens Company’s ability to provide the Services or other
-
- systems to Client or any third- party, Company shall be entitled to take all reasonable steps to
-
- protect the Services and Company’s systems, which may include restricting Client’s access to the
-
- Services, in whole or in part. Any violations of the limitations set forth herein may result in
-
- termination of Client’s use of the mobile application and/or Services.
-
- d) Availability of the Services. The Services, or any feature or part thereof, may not be available in
-
- all languages or in all countries and Company makes no representation that the Services, or any
-
- feature or part thereof, is appropriate or available for use in any particular location. To the extent
-
- that Client chooses to access and use the Services, Client does so at Client’s own initiative and is
-
- responsible for compliance with any and all applicable laws.
-
- e) Change of Services. Company reserves the right at any time to modify this Agreement and to
-
- impose new and/or additional terms or conditions on Client’s use of the Services and Mobile
-
- Application. Such modifications and additional terms and conditions will be communicated to
-
- Client and, if accepted, will be effective immediately and will be thereby incorporated into this
-
- Agreement. We will notify you of any changes to our Terms of Use by posting the new Terms of
-
- Use here: www.LoveEFashion.com and updating the “Last Updated” date below. Please regularly
-
- check the website to view the then-current Terms. Continued use of the Mobile Application,
-
- including without limitation scheduling Services, following such changes will indicate your
-
- acknowledgement of such changes and agreement to be bound by the terms and conditions of
-
- such changes. In the event that Client refuses to accept such changes, Company will have the right
-
- to terminate this Agreement and Client’s Account. Client agrees that Company shall not be liable
-
- to Client or any third party for any modification or cessation of the Services.
-
- f) Use of Services. ANY USE OF THE SOFTWARE OR ANY PART OF THE SERVICES, EXCEPT FOR USE OF
-
- THE SERVICES AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND MAY SUBJECT
-
- CLIENT TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES.
-
- g) Trademark Information. Company, Company’s logo(s) trademarks, service marks, and graphics
-
- used in connection with the Services are trademarks or registered trademarks of the Company in
-
- the US and/or other countries. Client is granted no right or license in any of the aforesaid
-
- trademarks, and further agrees that Client shall not remove, obscure, or alter any proprietary
-
- notice(s) (including trademark and copyright notices) that may be affixed to or contained within
-
- the Services.
-
- 10) CLIENT WARRANTIES AND ACKNOWLEDGEMENTS.
-
- a) Devices. Use of the Services may require compatible device(s), access to the internet, and certain
-
- software (fees may apply), may require periodic updates, and may be affected by the performance
-
- of these factors. Company reserves the right to limit the number of Mobile Application licenses
-
- granted pursuant to this Agreement, that may be used on a device. The latest version of required
-
- software may be required for certain features. Client agrees that meeting these requirements is
-
- Client’s responsibility.
-
- b) Ownership. Client acknowledges and agrees that Company and/or its licensors own all legal right,
-
- title and interest in and to the Mobile Application and the Software, including any and all
-
- intellectual property rights that exist therein, whether registered or not, and wherever in the
-
- world they may exist. Client further agrees that the Mobile Application (including the Software or
-
- any other part thereof) contain proprietary and confidential information that is protected by
-
- applicable intellectual property and other laws, including but not limited to copyright. Client
-
- agrees that Client will not use such proprietary information or materials in any way whatsoever
-
- except for use of the Mobile Application in compliance with this Agreement. Client understands
-
- and accepts that no portion of the Mobile Application may be reproduced in any form or by any
-
- means, except as expressly permitted in this Agreement.
-
- c) Content. Client understands and accepts that all Content is the sole responsibility of the person
-
- from whom such Content originated. This means that Client, and not Company, is solely
-
- responsible for any Content that Client uploads, emails, transmits, stores or otherwise makes
-
- available through Client’s use of the Mobile Application. Company does not control the Content,
-
- nor does it guarantee the accuracy, integrity or quality of such Content. Client understands and
-
- agrees that Client’s use of the Mobile Application and any Content is solely at Client’s own risk.
-
- d) Promise to Comply with Import and Export Laws. Use of the Mobile Application and Software
-
- may be subject to the export and import laws of the United States and other countries. Client
-
- agrees to comply with all applicable export and import laws and regulations. In particular, but
-
- without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed
-
- countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals
-
- or the U.S. Department of Commerce Denied Person’s List or Entity List. This assurance and
-
- commitment shall survive termination of this Agreement.
-
- e) Third-Party Suppliers. The Software may include software or other code distributed under license
-
- from third-party suppliers. Notwithstanding anything to the contrary in this Agreement, the Open
-
- Source Software is not licensed under this Agreement and instead is separately licensed pursuant
-
- to the terms and conditions of their respective open-source software licenses. You agree to
-
- comply with the terms and conditions of such open-source software license agreements.
-
- Company disclaims and makes no representation or warranty with respect to the third-party
-
- software, code, or any portion thereof and assumes no liability for any claim that may arise with
-
- respect to the third-parties software or Client’s use or inability to use the same.
-
- f) Links and Other Third-Party Materials. Certain Content, components or features of the Services
-
- may include materials or services provided by third-parties and/or hyperlinks to other web sites,
-
- resources, or content. Because Company may have no control over such third-party sites and/or
-
- materials, Client acknowledges and agrees that Company is not responsible for the availability of
-
- such sites or resources, and does not endorse or warrant the accuracy, legality, or use of any such
-
- sites or resources, and shall in no way be liable or responsible for any third-party services,
-
- advertising, products, or materials on or available from such sites or resources. Client further
-
- acknowledges and agrees that Company shall not be responsible or liable in any way for any
-
- damages or criminal prosecution Client incurs or alleges to have incurred, either directly or
-
- indirectly, as a result of Client’s use and/or reliance upon any such third-party services, content,
-
- advertising, products, or materials on or available from such sites or resources.
-
- g) Protected Health Information. If Client is a covered entity, business associate or representative
-
- of a covered entity or business associate (as those terms are defined at 45 C.F.R § 160.103), Client
-
- agrees that it will not use any Company Service, component, function or other facility to create,
-
- receive, maintain or transmit any “Protected Health Information” (as such term is defined at 45
-
- C.F.R § 160.103) or use the Services in any manner that would make Company (or any Company
-
- Subsidiary) Client’s or any third-party’s business associate.
-
- h) Client Warranty and Company Disclaimer. By accepting this Agreement, Client warrants that
-
- Client is not barred from receiving the Services under the laws of the United States or any other
-
- applicable jurisdictions, including the country in which Client resides or from where Client uses
-
- the Services. CLIENT IS WARNED TO NEVER OPERATE STYLED BY LOVE E WHILE OPERATING A
-
- MOVING VEHICLE. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICES ARE
-
- PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ADDITIONALLY, CLIENT EXPRESSLY
-
- UNDERSTANDS AND AGREES THAT THE ARTICLES PURCHASED THROUGH RETAILERS ARE
-
- PROVIDED THROUGH THE SERVICES OF FACILITATING A PURCHASE ON BEHALF OF THE CLIENT
-
- WITH THE RETAILER. ACCORDINGLY, COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS,
-
- DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL
-
- WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
-
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
-
- NON-INFRINGEMENT. COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS,
-
- EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) COMPANY’S
-
- MOBILE APPLICATION AND SERVICES WILL MEET CLIENT’S REQUIREMENTS; (2) CLIENT’S USE OF
-
- THE MOBILE APPLICATION AND SERVICES WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERRORFREE;
-
- (3) ANY INFORMATION OBTAINED BY CLIENT AS A RESULT OF THE SERVICES WILL BE
-
- ACCURATE OR RELIABLE; AND (4) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO
-
- CLIENT AS PART OF THE MOBILE APPLICATION WILL BE CORRECTED. COMPANY DOES NOT
-
- REPRESENT OR GUARANTEE THAT THE MOBILE APPLICATION WILL BE FREE FROM LOSS,
-
- CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION,
-
- AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO. ANY MATERIAL OBTAINED
-
- THROUGH THE USE OF THE MOBILE APPLICATION IS ACCESSED AT CLIENT’S OWN DISCRETION
-
- AND RISK, AND CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S DEVICE(S),
-
- COMPUTER(S), OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL(S). CLIENT FURTHER
-
- ACKNOWLEDGES THAT THE MOBILE APPLICATION IS NOT INTENDED OR SUITABLE FOR USE WHILE
-
- DRIVING OR OPERATING ANY MOTOR VEHICLE(S) AND/OR IN OTHER SITUATIONS OR
-
- ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE
-
- CONTENT, DATA OR INFORMATION PROVIDED BY THE MOBILE APPLICATION COULD LEAD TO
-
- DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
-
- i) Limitation of Liability. CLIENT EXPRESSLY UNDERSTANDS AND AGREES THAT COMPANY AND ITS
-
- AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND
-
- LICENSORS SHALL NOT BE LIABLE TO CLIENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
-
- CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
-
- LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
-
- SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE
-
- POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR INABILITY TO USE THE
-
- MOBILE APPLICATION (2) ANY CHANGES MADE TO THE MOBILE APPLICATION OR ANY
-
- TEMPORARY OR PERMANENT CESSATION OF THE MOBILE APPLICATION OR ANY PART THEREOF;
-
- (3) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF CLIENT’S TRANSMISSIONS OR DATA; (4)
-
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE CLIENT’S
-
- TRANSMISSIONS OR DATA ON OR THROUGH THE MOBILE APPLICATION; (5) STATEMENTS OR
-
- CONDUCT OF ANY THIRD-PARTY ON THE MOBILE APPLICATION; AND (6) ANY OTHER MATTER
-
- RELATING TO THE MOBILE APPLICATION. WITHOUT LIMITATION TO THE FOREGOING, IN NO
-
- EVENT WILL COMPANY BE LIABLE FOR ANY FAILURE OF THE SYNCHRONIZATION FUNCTIONALITY
-
- OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE TO ANY CLIENT
-
- DEVICE, OBJECT, OR PRODUCT, OR TO THE CLIENT, AND CLIENT WILL NOT RELY ON THE
-
- SOFTWARE OR ITS SYNCHRONIZATION FUNCTIONALITY. EXCEPT FOR ANY ACTS OF FRAUD, GROSS
-
- NEGLIGENCE, OR WILLFUL MISCONDUCT, IN NO EVENT WILL COMPANY’S TOTAL LIABILITY
-
- ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AGGREGATE OF THE AMOUNTS
-
- PAID OR PAYABLE BY CLIENT TO COMPANY, IF ANY, UNDER THIS AGREEMENT. MULTIPLE CLAIMS
-
- WILL NOT EXPAND THIS LIMITATION.
-
- 11) PUBLIC BETA AND TRIAL PERIOD(S). From time to time, Company may choose to offer Beta Features
-
- as part of the Program for the purpose of providing Company with feedback on the quality and
-
- usability of the Beta Features. Client understands and agrees that Client’s participation in the Program
-
- is voluntary and does not create a legal partnership, agency, or employment relationship between
-
- Client and Company, and that Company is not obligated to provide Client with any Beta Features.
-
- Company may make such Beta Features available to Program participants by online registration or
-
- enrollment via the Mobile Application. Client understands and agrees that Company may collect and
-
- use information from Client’s Account, devices and peripherals in order to enroll Client in a Program
-
- and / or determine Client’s eligibility to participate. Client understands that once Client enrolls in a
-
- Program Client may be unable to revert back to the earlier non-beta version of a given Beta Feature.
-
- In the event such reversion is possible, Client may not be able to migrate data created within the Beta
-
- Feature back to the earlier non-beta version. Client’s use of the Beta Features and participation in the
-
- Program is governed by this Agreement and any additional license(s) and terms(s) that may separately
-
- accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis
-
- and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or
-
- information from Client’s device(s) and from peripherals (including, without limitation, servers and
-
- computers) connected thereto. Client expressly acknowledges and agrees that all use of the Beta
-
- Features is at Client’s sole risk. CLIENT ASSUMES ALL RISKS AND ALL COSTS ASSOCIATED WITH
-
- CLIENT’S PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET
-
- ACCESS FEES, BACKUP EXPENSES, COSTS INCURRED FOR THE USE OF CLIENT’S DEVICE(S) AND
-
- PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA.
-
- Company may or may not provide Client with technical and/or other support for the Beta Features. If
-
- such support is provided it will be in addition to Client’s normal support coverage for the Mobile
-
- Application and only available through the Program. Client agrees to abide by any support rules or
-
- policies that Company provides to Client in order to receive any such support. Company reserves the
-
- right to modify the terms, conditions or policies of the Program (including stopping the Program) at
-
- any time with or without notice, and may revoke Client’s participation in the Program at any time.
-
- Client acknowledges that Company has no obligation to provide a commercial version of the Beta
-
- Features, and that should such a commercial version be made available, it may have features or
-
- functionality different than that contained in the Beta Features. As part of the Program, Company
-
- may provide Client with the opportunity to submit comments, suggestions, or other feedback
-
- regarding Client’s use of the Beta Features. Client agrees that in the absence of a separate written
-
- agreement to the contrary, Company will be free to use any feedback Client provides for any purpose.
-
- 12) TERMINATION. Unless terminated as set forth herein, the term of this Agreement will commence on
-
- the Effective Date and will remain in effect for the duration of Client’s use of the Mobile Application,
-
- unless otherwise terminated in accordance with this Agreement. Company may at any time, under
-
- certain circumstances and without prior notice, immediately terminate or suspend all or a portion of
-
- Client’s Account and/or access to the Mobile Application. Cause for such termination shall include: (a)
-
- violations of this Agreement or any other policies or guidelines that are referenced herein and/or
-
- posted on the Mobile Application; (b) a request by Client to cancel or terminate Client’s Account; (c)
-
- a request and/or order from law enforcement, a judicial body, or other government agency; (d) where
-
- provision of the Mobile Application to Client is or may become unlawful; (e) unexpected technical or
-
- security issues or problems; (f) Client’s participation in fraudulent or illegal activities; or (g) Client’s
-
- failure to pay any fees owed in relation to the Services and Mobile Application. Any such termination
-
- or suspension shall be made by Company in its sole discretion and Company will not be responsible
-
- to Client or any third-party for any damages that may result or arise out of such termination or
-
- suspension of Client’s Account and/or access to the Mobile Application. In addition, Company may
-
- terminate Client’s Account upon prior notice via email to the address associated with Client’s Account
-
- if there is a general discontinuance or material modification to the Mobile Application or any part
-
- thereof. Any such termination or suspension shall be made by Company in its sole discretion and
-
- Company will not be responsible to Client or any third-party for any damages that may result or arise
-
- out of such termination or suspension of Client’s Account and/or access to the Services and Mobile
-
- Application. All waivers of liability and warranty shall survive the termination of this agreement.
-
- 13) MISCELLANEOUS. X
-
- a) Client Prohibitions. Client agrees to not interfere with or disrupt the Services and Mobile
-
- Application (including those through any automated means, like scripts or web crawlers), or any
-
- servers or networks connected to the Mobile Application, or any policies, requirements or
-
- regulations of networks connected to the Mobile Application (including any unauthorized access
-
- to, use or monitoring of data or traffic thereon); plan or engage in any illegal activity; and/or
-
- gather and store personal information of any third-parties to be used in connection with any of
-
- the foregoing prohibited activities.
-
- b) PRIVACY. Company understands that privacy is important. For this reason, Company has created
-
- a privacy policy www.LoveEFashion.com 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 Company collects, uses and discloses the information that users provide
-
- to us or we otherwise learn about users through your use of the Services, including how we
-
- market our services.
-
- a) Client Indemnity and Waiver. Client agrees to defend, indemnify and hold Company, its affiliates,
-
- subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless
-
- from any claim or demand, including reasonable attorneys’ fees, made by any third-party, relating
-
- to or arising from: (1) any Content Client submits, transmits, or otherwise makes available through
-
- the Mobile Application; (2) Client’s use of the Services and Mobile Application; (3) any violation
-
- by Client of this Agreement; (4) any action taken by Company as part of an investigation of a
-
- suspected violation of this Agreement or as a result of its finding or decision that a violation of
-
- this Agreement has occurred; or (5) Client’s violation of any rights of another entity. Client
-
- understands and accepts that Client cannot sue Company, its affiliates, subsidiaries, directors,
-
- officers, employees, agents, partners, contractors, and licensors as a result of its decision to
-
- remove or refuse to process any information or Content, to warn Client, to suspend or terminate
-
- Client’s access to the Mobile Application, or to take any other action during the investigation of a
-
- suspected violation or as a result of Company’s conclusion that a violation of this Agreement has
-
- occurred. This waiver and indemnity provision applies to all violations described in or
-
- contemplated by this Agreement. This obligation shall survive the termination or expiration of this
-
- Agreement and/or Client’s use of the Mobile Application. Client acknowledges that Client is
-
- responsible for all use of the Mobile Application using Client’s Account, and that this Agreement
-
- applies to any and all usage of Client’s Account. Clients agrees to comply with this Agreement and
-
- to defend, indemnify and hold harmless Company from and against any and all claims and
-
- demands arising from usage of Client’s Account.
-
- b) Company Access to Account. Company reserves the right to take steps Company believes, in its
-
- sole discretion, are reasonably necessary or appropriate to enforce and/or verify compliance with
-
- any part of this Agreement. Client acknowledges and agrees that Company may, without liability
-
- to Client, access, use, preserve and/or disclose Client’s Account information and Content to law
-
- enforcement authorities, government officials, and/or a third-party, as Company believes is
-
- reasonably necessary or appropriate, if legally required to do so or if Company has a good faith
-
- belief that such access, use, disclosure, or preservation is reasonably necessary to: (1) comply with
-
- legal process or request; (2) enforce this Agreement, including investigation of any potential
-
- violation thereof; (3) detect, prevent or otherwise address security, fraud, or technical issues; or
-
- (4) protect the rights, property or safety of Company, its users, a third-party, or the public as
-
- required or permitted by law.
-
- c) Software Updates and Notices. Company reserves the right, in its sole discretion, to make
-
- unscheduled deployments of updates or enhancements to the Software, Mobile Application,
-
- and/or Services. In order to continue Client’s use of the Mobile Application and the Services on
-
- such, such updates may be automatically downloaded and installed onto Client’s device(s) or
-
- computer(s). These updates may include bug fixes, feature enhancements or improvements,
-
- and/or entirely new versions of the Software. Client acknowledges and understands that during
-
- such deployments, certain functionality of the Software may be unavailable and outages may
-
- occur. Company may provide Client with notices regarding the Mobile Application, including
-
- changes to this Agreement, by email to any known Client email address (and/or other alternate
-
- email address associated with Client’s Account if provided), by regular mail, or by postings on
-
- Company’s website and/or the Services.
-
- GENERAL CONTRACT TERMS: (i) Entire Agreement. This Agreement constitutes the entire agreement of
-
- the parties regarding the subject matter hereof, superseding all other agreements between them,
-
- whether oral or written, regarding the subject matter hereof. (ii) Governing Law. This Agreement will be
-
- governed by and construed in accordance with the laws of the State of Georgia applicable to agreements
-
- made and to be entirely performed within the State of Georgia, without resort to its conflict of law
-
- provisions. The parties agree that any action at law or in equity arising out of or relating to this Agreement
-
- will be filed only in the state and federal courts located in Georgia. The parties hereby irrevocably and
-
- unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or
-
- proceeding arising out of this Agreement. (iii) Survival. The representations, warranties, and
-
- indemnification rights set forth in this Agreement shall survive the execution of this Agreement, the
-
- performance of the obligations of Company hereunder, and the cancellation or termination of this
-
- Agreement. (iv) Assignment. Neither this Agreement nor any right or duty under this Agreement may be
-
- transferred, assigned or delegated by Client, by operation of law or otherwise, without the prior written
-
- consent of Company, and any attempted transfer, assignment or delegation without such consent will be
-
- void and without effect. Company may freely transfer, assign or delegate this Agreement or its rights and
-
- duties under this Agreement. (v) Successors. Subject to the foregoing, this Agreement will be binding upon
-
- and will inure to the benefit of the parties and their respective representatives, heirs, administrators,
-
- successors and permitted assigns. If any provision of this Agreement is invalid, illegal, or incapable of being
-
- enforced by any rule of law or public policy, all other provisions of this Agreement will nonetheless remain
-
- in full force and effect to the maximum extent allowed by law. (vi) Waiver. No waiver by any party of any
-
- provision hereof will be effective unless explicitly set forth in writing and signed by the party so waiving.
-
- No waiver by any party will operate or be construed as a continuing waiver and no failure or delay in
-
- exercising any right, remedy, power or privilege shall preclude any further exercise of said right, remedy,
-
- power, or privilege. (vii) Severability. If one or more of the provisions of this Agreement or any word,
-
- phrase, clause, sentence, or other portion thereof are held to be unenforceable for any reason then it
-
- shall be excluded from this Agreement and shall not affect the balance of the Agreement. Provided
-
- however that if an adjudicator of competent jurisdiction finds that it is unenforceable but that by limiting
-
- said word, phrase, clause, sentence, or other portion it shall become valid and enforceable then it shall
-
- be deemed so limited and construed to the maximum extent permitted by law. (viii)Construction. No
-
- presumption or rule requiring that the terms of this Agreement must be construed against the party that
-
- drafted it or prepared it shall apply to this Agreement as both parties have had the opportunity to
-
- negotiate its terms or have knowingly and intelligently waived their right to do the same. (ix) No License.
-
- Nothing in this Agreement shall be construed as to convey to Client any interest, title, or license in any
-
- intellectual property owned by Company, or other resource(s) used by Client in connection with the
-
- Mobile Application. (x) Headings & Interpretation. The section headings of this Agreement are for
-
- convenience of reference only and do not form a part hereof and do not in any way modify, interpret, or
-
- construe the intentions of the parties. Throughout this Agreement, the masculine, feminine, or neuter
-
- genders shall be deemed to include the masculine, feminine, and neuter and the singular, the plural, and
-
- vice versa.
-
- 2) RELATIONSHIP. Client acknowledges that Client is given a tool that assists the Client with the logistics
-
- of the Client contracting with third-parties. When using this tool to negotiate, conclude or execute
-
- any contract or legal document with any third-party in the name of Client, Client is executing this
-
- action individually and independently and that the Company does not assume, create, or incur any
-
- liability of any kind, express or implied, against or in the name of the Client, nor otherwise act as the
-
- representative of the Client. Client hereby waives any claim that Company acted as an agent of Client
-
- in procuring the services or products of third-parties.
-
- 3) ELECTRONIC CONTRACTING. Client understands and accepts that use of the Mobile Application
-
- includes the ability to enter into agreements and/or to make transactions electronically. CLIENT
-
- ACKNOWLEDGES THAT CLIENT’S ELECTRONIC SUBMISSIONS CONSTITUTE CLIENT’S AGREEMENT AND
-
- INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. CLIENT’S
-
- AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS
-
- RELATING TO ALL TRANSACTIONS CLIENT ENTERS INTO ON THE SERVICES, INCLUDING NOTICES OF
- sole responsibility.
- electronic records, Client may be required to have certain hardware and software, which are Client’s
- CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain Client’s
Love E, LLC (“Love E”, “we”, “us”, or “our”) is committed to protecting your privacy. Love
E is a fashion company that blends expert styling, proprietary technology and unique
services to deliver an easy, enjoyable, personalized shopping experience. We have
prepared this Privacy Policy (“Privacy Policy”) to describe to you our practices regarding
the personal information we collect from users on our website, located at
styled@loveefashion.com (the “Site”), our mobile application entitled “Styled by Love E”
(the “App”) and the services offered through the Site and App, and any orders that you
place (collectively, the “Services”).
QUESTIONS; CONTACTING LOVE E; REPORTING VIOLATIONS
If you have any questions, concerns or complaints about our Privacy Policy, our data
collection or processing practices, wish to have your personal information updated or
removed or if you want to report any security violations to us, please contact us at
styled@loveefashion.com.
Information Collected
Information You Provide to Us.
When you sign up for an account for our Services (an “Account”), we may collect a variety
of information from you, including your name, mailing address, email address, birthdate,
zip code, credit card, and bank account information to register with us or connect to the
Service via a Social Networking Site, or “SNS” (defined below). In creating an Account,
we may ask you to create a password. In addition, we collect information as part of your
Styled Profile, such as your style, fit, and shopping preferences, demographics, as well
as sizing, and other information about yourself. If you post any information, such as a
photo to your Account, we will collect that information.
When you utilize our Services, we record what articles you like and what you return. If
you provide us feedback or contact us via e-mail or through the Services, we will collect
your name and e-mail address, as well as any other content included in the message.
If you provide us feedback or contact us via e-mail or Services, we will collect your name
and e-mail address, as well as any other content included in the e-mail, in order to send
you a reply.
When you utilize our Services to facilitate transactions for articles you like, we or other
third party retailers will collect and process payment to complete the Services, we will also
collect shipping and billing information, if any, in order to process the transaction. For
online payments, we use the payment services of Stripe (https://stripe.com) and Cash
App by Square Inc. (https://cash.app). We do not process, record or maintain your credit
card or bank account information. For more information on how payments are handled,
or to understand the data security and privacy afforded such information, please refer to
the sites linked above for more details.
When you post content (text, images, photographs, videos, messages, comments or any
other kind of content) on our Services, the information contained in your posting will be
stored on our servers and other users of the Services will be able to see it if you post it in
an area made public, such as comments on our blogs or other social media platforms
We retain information on your behalf, such as messages you send (including the content
of the message and the recipient data) using your Account.
When you participate in one of our surveys, we may collect additional profile information.
We may collect the unique device id number of the mobile device on which you use the
App.
If you participate in a sweepstakes, contest or giveaway on our Services, we may ask you
for your e-mail address and/or home phone number, to notify you if you win. We may also
ask for first and last names, and sometimes post-office addresses to verify your identity.
In some situations, we may need additional information as a part of the entry process,
such as a prize selection choice. These sweepstakes and contests are voluntary.
We may also collect personal information at other points in our Services that state that
personal information is being collected. We also collect data in a form that does not, on
its own, permit direct association with any specific individual. We may collect, use,
transfer, and disclose non-personal information for any purpose.
Information Collected from Third Party Companies.
We may receive information about you from other sources. We may add this information
to the information we have already collected from you via our Services in order to improve
the Services.
Information Collected from Social Networking Sites.
The Services allow users to share information with us via social networking sites, such as
Facebook, Facebook Messenger, Instagram, Pinterest, LinkedIn or Twitter (each an
“SNS”). In some cases, you can sign-in to your Account on the Services using your SNS
account information. By sharing your SNS profile, you are allowing us, including your
Styled Consultant to access some of your SNS information as allowed by you (such as
profile information and profile photo). We may receive that information from your SNS
profile and that information may be imported to the Services. Our Services also allow you
to share information via such SNS profiles, such as referral links. You acknowledge and
agree that you are solely responsible for your use of SNSs and that it is your responsibility
to review the terms of use and privacy policy of the third party provider of such SNSs. We
will not be responsible or liable for: (i) the availability or accuracy of such SNSs; (ii) the
content, products or services on or availability of such SNSs; or (iii) your use of any such
SNSs. You can remove your SNS profile information via your Account Settings or Style
Profile, as applicable, at any time. If you disconnect an SNS account that you have
previously connected, the SNS public profile data and SNS-provided-email will be deleted
from our active databases.
Information Collected Automatically.
Generally.
When you use our Services, some information is automatically collected. For example,
when you use our Services, your geographic location, how you use the Services,
information about the type of device you use, your mobile network information, your Open
Device Identification Number (“ODIN”), date/time stamps for your visit, your unique device
identifier (“UDID”), and your browser type, operating system, Internet Protocol (IP)
address, and domain name are all collected. This information is generally used to help us
deliver the most relevant information to you and administer and improve the Services. In
addition, in the event our App crashes on your mobile device, we will receive information
about your mobile device model software version and device carrier, which allows us to
identify and fix bugs and otherwise improve the performance of our App.
Log Files.
As is true of most websites, we gather certain information automatically and store it in log
files. This information includes IP addresses, browser type, Internet service provider
(“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data.
We use this information to maintain and improve the performance of the Services.
Cookies.
Like many online services, we use cookies to collect information. “Cookies” are small
pieces of information that a website sends to your computer’s hard drive while you are
viewing the website. We and some third parties may use both session Cookies (which
expire once you close your web browser) and persistent Cookies (which stay on your
computer until you delete them) to provide you with a more personal and interactive
experience on our Services and to market the Services or other products.
Analytics Companies.
We may work with a third party analytics companies that collect information anonymously
and report website and App trends without identifying individual visitors. These services
allow will us to view a variety of reports about how visitors interact with the Services so
we can improve our Services and understand how people find and navigate it.
Use of Your Personal information
General Use.
In general, personal information you submit to us is used either to respond to requests
that you make, aid us in serving you better, or market our Services. We use your personal
information in the following ways:
• respond to comments, requests and questions and provide customer service;
• facilitate the creation of and secure your Account on our network;
• identify you as a user in our system;
• provide, process and deliver the Services you request;
• improve the quality of experience when you interact with our Services, including
the testing of different page designs to see which performs better;
• send you administrative e-mail notifications, such as security or support and
maintenance advisories;
• resolve disputes and/or troubleshoot problems; develop, improve, and deliver
marketing and advertising for the Services; process and deliver orders; respond to
your inquiries related to employment opportunities or other requests;
• send newsletters, surveys, offers, and other promotional materials related to our
Services and for other marketing purposes; and
• Ascertain and analyze trends in the fashion industry and compile consumer
preference data.
We may store and process your personal information in the United States and other
countries.
User Feedback.
We may post user feedback on the Services from time to time. If you make any comments
on a blog, SNS wall or forum associated with the Service, you should be aware that any
information you submit there can be read, collected, or used by other users of these
forums, and could be used to send you unsolicited messages. We are not responsible for
the information you choose to submit in these blogs and forums.
Creation of Anonymous Data.
We may create anonymous data records from personal information by excluding
information (such as your name) that makes the data personally identifiable to you. We
use this anonymous data to analyze request and usage patterns so that we may enhance
the content of our Services and improve Site and App navigation. We reserve the right to
use anonymous data for any purpose and disclose anonymous data to third parties in our
sole discretion.
Disclosure of Your Personal information
We disclose your personal information as described below and as described elsewhere
in this Privacy Policy.
Third Parties Designated by You.
When you use the Services, the personal information you provide will be shared with the
third parties that you authorize to receive such information.
Third Party Service Providers.
We may share your personal information with third party service providers to: provide you
with the Services; conduct quality assurance testing; facilitate creation of accounts; to
provide technical support; market the Services; and/or to provide other services to Love
E. Before sharing personal information with third parties, we will take all reasonable
measures to ensure that the third parties will abide by this policy. At times we may make
certain non-personal information available to third parties too, for reasons other than
providing the Services
Business Partners.
In order to facilitate your purchase of items from third party partners, we may disclose
certain personal information about you when you ask us to do so.
Corporate Restructuring.
We may share some or all of your personal information in connection with or during
negotiation of any merger, financing, acquisition or dissolution transaction or proceeding
involving sale, transfer, divestiture, or disclosure of all or a portion of our business or
assets. In the event of insolvency, bankruptcy, or receivership, personal information may
also be transferred as a business asset. If another company acquires our company,
business, or assets, that company will possess the personal information collected by us
and will assume the rights and obligations regarding your personal information as
described in this Privacy Policy.
Other Disclosures.
Regardless of any choices you make regarding your personal information (as described
below), Love E may disclose personal information if it believes in good faith that such
disclosure is necessary: (i) in connection with any legal investigation; (ii) to comply with
relevant laws or to respond to subpoenas or warrants served on Love E; (iii) to protect or
defend the rights or property of Love E or users of the Services; and/or (iv) to investigate
or assist in preventing any violation or potential violation of the law, this Privacy Policy, or
our Terms of Use.
REFERRALS
The Services allow you to invite your friends to sign up for the Services by sharing a
referral link via an SNS, email or other means, or by sending invitations through Love E’s
referral function on the App or websites. If you choose to upload your contacts to the
Service, we will receive and store those contacts’ information and use it to send invitations
on your behalf when you choose to do so. When you refer someone via our App or Site,
your referral will include your name and, if shared with us, your photo.
THIRD PARTY WEBSITES
Our Site or App may contain links to third party websites. When you click on a link to any
other website or location, you will leave our Site, App or Services and go to another site,
and another entity may collect personal information or anonymous data from you. We
have no control over, do not review, and are not responsible for, these outside websites
or their content. Please be aware that the terms of this Privacy Policy do not apply to
these outside websites or content, or to any collection of your personal information after
you click on links to such outside websites. We encourage you to read the privacy policies
of every website and App you visit. The links to third party websites or locations are for
your convenience and do not signify our endorsement of such third parties or their
products, content or websites.
PROTECTION OF PERSONAL INFORMATION
We take the security of your personal information very seriously. Our online services
protect your personal information during transit using encryption such as Secure Sockets
Security (SSL). We restrict access to personal information to those employees,
contractors, and agents who need to know that information in order to process it for us,
and who are subject to strict contractual confidentiality obligations. Transaction data is
stored in encrypted form, including when we utilize third-party storage. All transactions
are processed through a gateway provider and are not stored or processed on our
servers.
We will make any legally required disclosures of any breach of the security, confidentiality,
or integrity of your unencrypted electronically stored “personal data” (as defined in
applicable state statutes on security breach notification) to you via email or conspicuous
posting via the App in the most expedient time possible and without unreasonable delay,
insofar as consistent with (i) the legitimate needs of law enforcement, or (ii) any measures
necessary to determine the scope of the breach and restore the reasonable integrity of
the data system. While we endeavor to protect the security and integrity of sensitive
personal information provided to the App, we cannot guarantee that information, during
transmission through the Internet or while stored on our systems or otherwise in our care,
will be safe from intrusion by others. In the event of a data breach and consistent with
the above, we will notify users over email or conspicuous posting via the App within seven
(7) business days after becoming aware of a data breach.
Identity theft and the practice currently known as “phishing” are of great concern to us.
Safeguarding information to help protect you from identity theft is a top priority. We do not
and will not, at any time, request your credit card information, login information, or national
identification numbers in a non-secure or unsolicited email or telephone communication.
For more information about phishing, visit the Federal Trade Commission’s website.
YOUR CHOICES REGARDING INFORMATION
You have several choices regarding the use of information on our Services:
Choices.
We offer you choices regarding the collection, use, and sharing of your personal
information. We will periodically send you newsletters and e-mails that directly promote
the use of our Services. When you receive newsletters or promotional communications
from us, you may indicate a preference to stop receiving further communications from us
and you will have the opportunity to “opt-out” by following the unsubscribe instructions
provided in the e-mail you receive or by contacting us directly (please see contact
information below). Despite your indicated e-mail preferences, we may send you service
related communications, including notices of any updates to our Terms of Use or Privacy
Policy.
Cookies.
If you decide at any time that you no longer wish to accept cookies from our Services for
any of the purposes described above, then you can instruct your browser, by changing
its settings, to stop accepting cookies or to prompt you before accepting a cookie from
the websites you visit. Consult your browser’s technical information. If you do not accept
cookies, however, you may not be able to use all portions of the Services or all
functionality of the Services. If you have any questions about how to disable or modify
cookies, please contact your web browser provider.
Changes to Personal Information.
You may change your personal information in your Account by editing your profile within
your Account. You may request that we delete your personal information in your Account,
but please note that we may be required to keep this information and not delete it (or to
keep this information for a certain time, in which case we will comply with your deletion
request only after we have fulfilled such requirements). When we delete any information,
it will be deleted from the active database, but may remain in our archives. We may retain
your information for fraud prevention or similar purposes.
While we and others give you the choices to control the information collected and used
as described in this Privacy Policy, there are many web browser signals and other similar
mechanisms that can indicate your choice to disable tracking, and we may not be aware
of or honor every mechanism.
Information Disclosed to Third Parties.
This Privacy Policy addresses only our use and disclosure of information we collect from
and/or about you on the Services. If you disclose information to others, or authorize us to
do the same under this Privacy Policy, the use and disclosure restrictions contained in
this Privacy Policy will not apply to any third party. We do not control the privacy policies
of third parties, and you are subject to the privacy policies of those third parties where
applicable.
HOW WE RESPOND TO DO NOT TRACK SIGNALS
We do not currently respond to “do not track” signals or other mechanisms that might
enable consumers to opt out of tracking on our Services. For more information about do
not track signals you can visit https://allaboutdnt.com.
A NOTE ABOUT CHILDREN
Our Services are not directed to children under the age of 13 and children under the age
of 13 are not eligible to use our Services. We do not collect or maintain personal
information from children we actually know are under the age of 13. If a child under 13
submits personal information to us and we learn that the personal information is the
personal information of a child under 13, we will take steps to remove the personal
information from our databases. If you believe that a child under 13 provided us with
personal information, please contact us at styled@loveefashion.com.
The children’s products we offer, if any, via our Services are intended for purchase by
adults. We collect some limited personal information about children from the adults
purchasing children’s products via our Services. Information about children that we collect
from adults and store includes name, birth date, height, weight and style preferences. If
you provide us information about a child and you are not the parent or legal guardian of
that child, you must first obtain the parent or legal guardian’s consent to provide us such
information.
USERS OUTSIDE OF THE UNITED STATES
If you are a non-U.S. user of the Services, by using the Services and/or providing us with
information, you acknowledge and agree that your personal information may be
processed for the purposes identified in this Privacy Policy. In addition, your personal
information may be processed in the country in which it was collected and in other
countries, including the United States, where laws regarding processing of personal
information may be less stringent than the laws in your country. By providing your
information, you consent to such transfer. We do not currently intend to apply for the
Privacy Shield Framework or nor to comply with the GDPR. If you are a citizen of the EU
and providing Services to you would bring us under the jurisdiction of any European
country, you do not have permission to use the Services.
CONTACT INFORMATION
We welcome your comments or questions about this Privacy Policy. You may contact us
at styled@loveefashion.com.
CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is subject to occasional revision, and if we make any material changes
in the way we use your personal information, we will notify you by sending you an e-mail
to the last e-mail address you provided to us and/or by prominently posting notice of the
changes on the Services and updating the “Last Updated” date above. Any changes to
this Privacy Policy will be effective immediately upon the earlier of our dispatch of an email
notice to you or our posting of notice of the changes on the Services. These changes
will be effective immediately for new users of our Service. Please note that at all times
you are responsible for updating your personal information to provide us with your most
current e-mail address. In the event that the last e-mail address that you have provided
us is not valid, or for any reason is not capable of delivering to you the notice described
above, our dispatch of the e-mail containing such notice will nonetheless constitute
effective notice of the changes described in the notice. If you do not wish to permit
changes in our use of your personal information, you must notify us prior to the effective
date of the changes that you wish to deactivate your Account with us. Continued use of
our Services, following notice of such changes shall indicate your acknowledgement of
such changes and agreement to be bound by the terms and conditions of such changes.
Last Updated: January 15, 2019