Terms & Conditions
COOLIBRIUM.COM IS A WHOLLY OWNED SUBSIDIARY OF ADOREME INC.
THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS”) GOVERN YOUR USE OF THE SERVICES, DEFINED BELOW IN ¶ 1, AND YOUR RELATIONSHIP WITH COOLIBRIUM.COM, ADORE ME, INC., ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND AFFILIATES (“WE,” “OUR,” “US,” OR “ADORE ME”). THE FOLLOWING TERMS ARE SUBJECT TO ARBITRATION.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site or the Services. We may revise these Terms and Conditions at any time.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you agree to resolve any dispute with us on an individual basis in arbitration, and to waive any right to pursue a class action or suit in court, except in matters that may be pursued on an individual basis in your local small claims court.
- ABOUT THE SERVICES
- Services. These Terms describe the terms and conditions on which you may access and use the Coolibrium website located at walkpop.com (the “Site”), the Coolibrium mobile site (the “Mobile Site”) the Coolibrium App, and related services (together with the Site, the Mobile Site, and the Coolibrium Content, as defined below, the “Services”). These Terms also apply to in-store sales, whether at Adore Me’s retail stores or other Adore Me-controlled venue, if any, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
- Changes in Contract Terms. We reserve the right to change the Terms and Conditions of Use on which we offer the Services, including adding new terms or deleting existing ones. If we make any changes, we will give you reasonable and appropriate notice regarding the change. If you do not accept our changed Terms and Conditions, you always have the right to cancel your use of the Services at any time. If you wish to cancel your use of the Services, please contact firstname.lastname@example.org. If you notify us that you do not accept our Terms and Conditions, we may cancel your use of the Services, as we cannot offer Services to different customers on different terms, among other reasons. If you elect not to cancel your use of the Services, your continued use of the Services constitutes acceptance of the changed Terms and Conditions.
- Mobile Use. To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
- Limitations to Use of the Services. Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the purchase of any Products, including all legal liability he or she may incur.
- USE OF ADORE ME SERVICES
- Licenses. Subject to the terms and conditions of this Agreement, Adore Me hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services for your personal use and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Adore Me in advance and in writing. Subject to the terms of these Terms, Adore Me also grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control. Any breach of this Agreement shall result in the immediate revocation of the licenses granted in this paragraph without notice to you.
- Replication/Distribution. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit our Services or any portion or component thereof unless expressly permitted by Adore Me in writing. You may not make any commercial use of any of the information provided through our Services or make any use of our Services for the benefit of another business unless explicitly permitted by Adore Me in advance and in writing.
Use of Content on Services
- Coolibrium Content. All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“Coolibrium Content”) is available to you on an “as is” basis and is to be used for general information purposes only. We may update the Coolibrium Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please contact Customer Care. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner.
- 3rd Party Content. The Services may contain links or references to non-Coolibrium or non-Adore Me websites, products, services or other materials or content (“3rd Party Content”). This 3rd Party Content is provided to you as a convenience, and Adore Me is not responsible for any 3rd Party Content or the actions of those that provide or use such 3rd Party Content. Any 3rd Party Content is independent from Adore Me, and Adore Me has no control over the 3rd Party Content. Adore Me is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any 3rd Party Content, any web site accessed from a 3rd Party Content or any changes or updates to such sites. Adore Me makes no guarantees regarding the content or quality of the products or services provided by such sites. Adore Me is not responsible for webcasting or any other form of transmission received from any 3rd Party Content. Adore Me is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adore Me of the 3rd Party Content. You acknowledge that you bear all risks associated with access to and use of content provided on a 3rd Party Content and agree that Adore Me is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable 3rd Party Content if you have any concerns regarding such links or the content located on any such 3rd Party Content.
- Acceptable Use. No part of the Services, including the Coolibrium Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Adore Me authorizes you to view, copy, download, and print Coolibrium Content (such as press releases and FAQs) that is available on the Services, provided that: (a) you use the Coolibrium Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Coolibrium Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Coolibrium Content. You may not use the Services to: (i) transmit any content, information or other materials that are, or which Adore Me considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Adore Me representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations. You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
- Use of Your Content. If you post, upload or make available to Adore Me or the Services, or otherwise submit to or through Adore Me as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Adore Me a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Adore Me to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
- Email Registration.Access to parts of the Services may require the creation of a user account, including a password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. Each time that your password or identification is used, you will be deemed to be authorized to access and use the Services in a manner consistent with the terms and conditions of this Agreement, and Adore Me has no obligation to investigate the authorization or source of any such access or use of the Services. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify Adore Me promptly of any unauthorized use of your account or password or any other breach or threatened breach of the Services’ security.
- Access. Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Adore Me may also terminate your account if Adore Me determines that your conduct poses a risk or liability to Adore Me, or for any other reason as determined by Adore Me in its sole discretion.
- Indemnification. By using the Services, you agree to indemnify, hold harmless and defend Adore me and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
- Careers. Adore Me may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
- Electronic Communications. When you use any of the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the Mobile Site or App, and you can retain copies of these communications for your records. As a registered user of Coolibrium, you agree to receive emails promoting any special offer(s), including third party offers. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You may adjust your email preferences (or unsubscribe from email communications) by clicking the “unsubscribe” link at the bottom of any newsletter we’ve sent. If you have any questions or require further assistance, please contact us by telephone at 1.800.433.2367 Monday – Sunday 8:30 a.m. – 8:30 p.m. (EST) or by email at Help@Coolibrium.com and our agents will assist you to change your account settings and/or disable your account.
- SALE OF PRODUCTS
- General Conditions. The Services include the sale of Products. This Section sets out terms and conditions that apply to your purchase of any Product.
- Limits. You acknowledge and agree that we may place limits on the purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit sales of Products for any reason, including but not limited to availability concerns.
- Minors. Products may be worn or purchased for use by individuals under 18 years of age, but we sell our products only to adults, who may purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of purchasing the Products as described in these Terms.
- Collections. If you do not pay the amounts you owe to Adore Me when due, then Adore Me will need to institute collection procedures. You agree to pay Adore Me’s costs of collection, including, without limitation, reasonable attorneys' fees.
- Limited Warranty. We will deliver the Products you ordered, including the specified size, color and design, except in the rare event that the Product is unavailable. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any one Product available on our Services to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Adore Me has made every effort to display as accurately as possible the colors of the products that appear on the Services. However, Adore Me cannot guarantee that your computer monitor's or mobile device’s display of any color will be accurate. Adore Me’s liability to you for failure to comply with any the limited warranted encapsulated in this section is limited to timely delivery of Product conforming to the warranties
- All Sales As Is. The services and products, including all trial programs, are provided “as is” without any express or implied warranties, including without limitation the warranties of merchantability, quality or fitness for a particular use. THIS DISCLAIMER DOES NOT APPLY WHERE OTHERWISE PROHIBITED BY LAW.
- No Medical Advice. The Services may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not mean to be a substitute for advice provided by a doctor or other qualified health care professional. Customers should not use the information contained in the Services for diagnosing a health or fitness problem or disease. Customers should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment. By providing the Products and Services, Adore Me is not diagnosing, treating, curing, mitigating, or preventing any type of disease or medical condition.
- Purchase Price. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges (if applicable) listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the Site at the time of purchase, and is subject to change. All prices on the Coolibrium Services are listed in U.S. Dollars. Adore Me is not responsible for fluctuations in the currency exchange rates against the U.S. Dollar that may affect the value of international customers’ purchases. Adore Me reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you authorize Adore Me to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Unless otherwise provided in these Terms, to the extent items purchased on Adore Me are subject to tax, such tax will be applied to the Purchase Price, less applicable savings, as required by law.
- Payment. We accept payment by PayPal, Google Pay, and Credit Card. For your convenience, your credit or debit card information will be saved after your first purchase. We will apply that method of payment to all future purchases, unless you notify us online or through Customer Care. We accept the following credit cards at this time: American Express, Visa, MasterCard, and Discover Card. To maintain uninterrupted benefits on the Services, please update your credit or debit card to reflect your current account information. Please note that by continuing to use the Services, you authorize us to bill the payment method on file, including after its expiration date, until we are notified by you or your bank or financial institution that the account is no longer valid.
- Cancellations. You may cancel your order in the first 30 minutes after an order is placed. Adore Me strives to ship orders swiftly and efficiently; once placed, orders are immediately transferred to our warehouse to be fulfilled. Accordingly, we are unable to cancel orders once they have been entered into our fulfillment system. Items may be returned in accordance with Coolibrium’s return policy. Please contact us at email@example.com for more information.
- SPECIAL PROGRAMS
- General. Adore Me provides certain special programs, as described under this Section.
- Shopping Options. There currently is one way to shop for Coolibrium Services on the Site, Mobile Site, and App: Shoppers pay the listed price, subject to promotions or savings.
- Adore Me Referral Program. Coolibrium may offer rewards for shoppers referring new customers, including, but not limited to, a store credit or credit towards future purchases (“Referral Program”). Adore Me may, at any time, terminate, alter or modify the Referral Program without any further obligations. We will provide notice(s) should we terminate, alter, or modify the Referral Program. By joining and participating in the Referral Program, you represent that you agree to these terms and conditions.
- Emails and Notifications. We want your experience with the Coolibrium Services to be as enjoyable as possible. If you wish to change your email subscription preferences, including unsubscribe from emails or opt out of text messages, please contact us by telephone at 1.800.433.2367 Monday – Sunday 8:30 a.m. – 8:30 p.m. (EST) or by email at Help@Coolibrium.com and our agents will assist you to change your account settings and/or disable your account
- Shipping. Adore Me offers free shipping for orders above $50, and easy returns to and from addresses within the U.S. Please refer to Coolibrium’s Delivery & Return Policy for detailed information.
- All deliveries will be made through Adore Me’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Adore Me.
- The risk of loss and title for items purchased by you pass to you upon Adore Me's delivery of the items to the carrier pursuant to the Coolibrium’s Delivery & Return Policy. If your package has not arrived by the designated time, please contact our Customer Care team for help tracking your package and if necessary, placing a replacement order.
- Returns. We will accept returns of new, unworn items within thirty (30) days of delivery for a refund. Final sale items are not eligible for return. All products returned for a refund are subject to a $5.95 restocking fee per order, to be deducted from the amount refunded to the original method of purchase. Please visit Coolibrium’s Delivery & Return Policy for additional information about our return policy.
- INTELLECTUAL PROPERTY
- Ownership of Services. The Site, Mobile, Site and App, are owned and operated by Adore Me. All right, title and interest in and to the materials provided on the Services, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Adore Me or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Adore Me, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Adore Me's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Care department if you have any questions about obtaining such licenses. Adore Me does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Adore Me. Any rights not expressly granted herein are reserved by Adore Me.
- Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2010-2019, Adore Me, Inc. ALL RIGHTS RESERVED.
- Trademark. Coolibrium, Coolibrium.com, the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Adore Me. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
- License for Site. Subject to your compliance with these Terms, Adore Me grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
- License for App. Subject to the terms of these Terms, Adore Me grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
- Feedback. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Adore Me may use your Feedback without restriction or obligation to you or any third party.
Notice and Copyright. Adore Me takes protection of Copyright very seriously. If you believe any Coolibrium Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting Adore Me’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
Adore Me’s agent for copyright issues relating to the Services is as follows:
Adore Me, Inc., attn: General Counsel, 16 East 34th Street, 14th Floor, New York, New York, 10016
In an effort to protect the rights of copyright owners, Adore Me will, in appropriate circumstances, terminate the accounts of subscribers who are repeat infringers.
- Any violation of these Terms may result in suspension or termination of your access to the Services and/or removal of Your Content. Adore Me may also terminate your account if Adore Me determines that your conduct poses a risk or liability to Adore Me, or for any other reason as determined by Adore Me in its sole discretion.
- In the event your access to the Services is terminated, your Limited License, as described above, shall be revoked; however, the remainder of the terms, including the arbitration agreement and class action waiver, shall continue to apply.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
- Limited Warranties. The limited warranties apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Adore me in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms. Your sole and exclusive remedy and Adore Me's sole and exclusive liability for a breach by Adore Me of the limited warranties shall be, at Adore Me's option, Adore Me's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner (excluding delivery charges if applicable).
- Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT ABOVE, THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, ADORE ME DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE WALKPOP CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitation of Liability-- UNDER NO CIRCUMSTANCES SHALL ADORE ME BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF ADORE ME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH HEREIN OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS. FURTHER, CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
DISPUTE RESOLUTION/ARBITRATION/CLASS ACTION WAIVER
This Section includes an arbitration agreement and an agreement that in the event of any dispute between you and us, all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. It affects your rights.
- Informal process first. Both you and Adore Me agree that in the event of any dispute between you and us, you and Adore Me will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution. Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Care team at 1.800.433.2367.
- Mandatory arbitration of disputes.In the unlikely event that Adore Me's Customer Care team is unable to resolve your complaint to your satisfaction (or if Adore Me has not been able to resolve a dispute it has with you after attempting to do so informally), all disputes between you and Adore Me will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Adore Me or you, shall be resolved by mandatory and binding arbitration which shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879.
- Any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Adore Me or you, shall be governed by the Federal Arbitration Act and shall be resolved by mandatory and binding arbitration submitted to the AAA in accordance with the AAA Rules at the request of either Adore Me or you pursuant to the following conditions:
- Basis for Demand. A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Adore Me should be addressed to: Notice of Dispute, General Counsel, Adore Me, Inc., 16 East 34th Street, 14th floor, New York, NY, 10016 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand").
- Service of Demand.If Adore Me and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Adore Me may commence an arbitration proceeding pursuant to the AAA Rules.
- Place of Arbitration Hearing. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at an AAA facility in your area or at an AAA facility in New York City, at your election.
- Conduct of arbitration. The arbitration shall be conducted by a single neutral arbitrator under AAA Consumer Rules. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. The arbitrator shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service.
- Final and binding. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Adore Me. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Adore Me was a party. During the arbitration, the amount of settlement offers, if any, made by Adore Me or you shall not be disclosed to the arbitrator.
- Costs and Fees. To the extent permitted by AAA Rules, each party shall bear its own costs and expenses, with Adore Me remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under AAA Rules. Notwithstanding the foregoing, for any non-frivolous claim (as determined by the Arbitrator, if Adore Me does not agree the claim is non-frivolous), Adore Me will promptly reimburse you for your payment of any arbitration filing fee after Adore Me receives notice at the Notice Address that you have commenced arbitration. If you are unable to pay this fee, Adore Me will pay it directly after receiving a written request at the Notice Address. For all non-frivolous claims, Adore Me will pay for the entirety of the arbitrators' and administrative fees of arbitration and will pay for your legal fees up to a maximum of $5,000, regardless of the outcome of the Arbitration. For the sake of clarity, you shall be responsible for your legal fees that exceed $5,000, unless ordered otherwise by the Arbitrator.
- Relief. The arbitrator shall not award relief in excess of what is allowed by applicable law and these Terms. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
- Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Class Action Waiver. The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Adore Me shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
- Jurisdictional Issues. Adore Me makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside one of these jurisdictions do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in countries outside the United States. Such references do not imply that Adore Me intends to announce or make available such products or services to the general public, or in your country. Contact Coolibrium at firstname.lastname@example.org to determine which products and services may be available to you.
- Export Laws. The laws of the United States of America prohibit the export of certain software and data and products to particular persons, territories, and foreign states. You agree not to export the Services, including the Coolibrium Content, or any part thereof, in any way, in violation of United States law.
- Governing Law & Venue. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, except for claims that are to be handled by a small claims court, shall be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any objection to the convenience of this forum.
- Typographical Errors. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Adore Me shall have the right to refuse or cancel any orders placed for a product listed at the incorrect price. Adore Me shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has already been charged for the purchase and your order is canceled, Adore Me shall immediately issue a credit to your credit or debit card account in the amount of the charge.
- Entire Agreement. These Terms are the entire agreement between you and Adore Me relating to the subject matter herein and shall not be modified except by Adore Me in accordance with these Terms, or as otherwise agreed in writing by you and Adore Me. No employee, agent or other representative of Adore Me has any authority to bind Adore Me with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
- Severability & Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Force Majeure. Adore Me will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Adore Me’s reasonable control.
- Final Form. Your edits or changes to either the online or offline versions of this Agreement will not be effective, regardless of form.
- Contact Information. Please send any questions or comments, or report violations of these Terms, to Adore Me at email@example.com or Adore Me, Inc., Attn: Legal, 16 East 34th Street, 14th Floor, New York, New York, 10016. This address will not respond to questions about orders.