Eligibility and Agreement to Terms
The Website is solely intended for use by individuals residing in the United States (US). Company makes no representations that any content or functionality available through Website are appropriate or available for use in other locations outside of the US. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for complying with all applicable national, federal, state, provincial, and local laws.
Limitations on Use
The Information on this Website is for authorized use only and not for User's or third-party commercial exploitation. User may not decompile, reverse-engineer, disassemble, rent, lease, loan, sell, sublicense, copy, or create derivative works from the Website or the Information. User may not use any network monitoring or discovery software to determine the Website architecture, or extract information about usage or users. User may not use any robot, spider, other automatic device, search engine, or manual process to monitor or copy the Website or the Information without Company's prior written consent. User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit, or public purposes all or any portion of the Website or Information, except to the extent authorized by Company. User may not use or otherwise export or re-export the Website or any portion thereof, the Information, or any software available on or through the Website in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Website or its Information is prohibited.
Product and Pricing
We may arrange for shipping through the U.S. Postal Service or a commercial carrier through a shipping broker or through a carrier you select. In some instances, Company may arrange for product vendors to ship products directly from their locations to purchasers. If you order products supplied by such a direct ship vendor, or by different such vendors, products will be shipped to you separately from either Company or from the respective vendor locations. Products will be shipped only to locations in the United States. Company will have no responsibility for fulfilling orders that cannot be shipped because of incomplete or inaccurate billing or shipping information.
Company is not responsible for delays in delivery occasioned by acts of God or other circumstances over which Company has no direct control. Factory shipment or delivery dates provided are the best estimates of our suppliers, and in no case shall Company be liable for any damages, whether direct, consequential, special, or otherwise, arising from any delay in delivery.
To the maximum extent permitted by law, you agree that, if you dispute a charge with your payment card company, you will pay any chargeback costs incurred by Company related to reversed charges as well as the initial charge you are disputing.
Linking to the Website
User may provide links to the Website upon notifying Company of User’s intent to link to the Website. Company reserves the right to revoke linking privileges.
Links to Other Sites
The Website may include hyperlinks to websites owned or operated by third parties (that is, any party other than Company). Such links are provided for your reference or convenience only. Company does not control the content or operation of any such linked third-party website, and Company disclaims any responsibility for any product, service, or information provided on any such linked third-party website.
Intellectual Property Rights
All materials on this Website including, but not limited to, text, graphics, photographs, graphs, illustrations, sounds, data, images, audio, and video clips, are protected by copyright law and are owned by Company.
All trademarks, logos, trade names, and service marks of Company used on this Website (the “Trademarks”) are protected by trademark law. The Trademarks may not be used in connection with any third-party products or services without the express prior written consent of Company. All other trademarks, brands, names, and logos appearing on this Website are the property of their respective owners.
To the extent that certain sections of this Website require User to register an account, User agrees to provide Company with accurate, complete registration information. It is User's responsibility to inform Company of any changes to that information. You acknowledge and agree that Company may store information associated with you and your account. Each registration is for a single person only, unless specifically designated otherwise on the registration page. Company does not permit access through a single name being made available to multiple users on a network.
You are responsible for preventing unauthorized use of your account. If you believe there has been unauthorized use, you must notify Company immediately by emailing Company. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR ACTIVITY THAT RESULTS FROM THE UNAUTHORIZED USE OF YOUR ACCOUNT.
Any passwords used for this Website are for individual use only. You shall be responsible for the security of your password. Company shall be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require it to be changed and/or terminate your account.
By using the Website and creating an account, you agree to receive communications from Company, including email, subject to applicable law.
Unlawful and Other Prohibited Activity
Remedies for Violations
THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND NEITHER THE COMPANY NOR ITS AFFILIATES MAKES ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING, WITHOUT LIMITATION, (A) WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE; OR (B) WARRANTIES THAT THE WEBSITE WILL BE SECURE, UNINTERRUPTED OR ERROR FREE, THAT IT IS SUITABLE FOR THE PARTICULAR NEEDS OF THE USER OR ANY THIRD PARTY, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO USE OF THE WEBSITE. THE USER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE WEBSITE AND ANY LINKED SITES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL PRODUCT-RELATED WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF ANY PRODUCT DESCRIPTION OR OTHER INFORMATION PROVIDED ON THE WEBSITE. FURTHER, THE COMPANY AND ITS AFFILIATES DISCLAIM ALL LIABILITY FOR PRODUCT DEFECTS, PRODUCT MISUSE OR ABUSE, IMPROPER PRODUCT SELECTION, OR NON-COMPLIANCE OF ANY PRODUCT WITH APPLICABLE LAWS OR REGULATIONS. THIS DISCLAIMER SHALL BE LIMITED TO THE EXTENT (IF ANY) THAT IT IS PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
In the event of any final determination that you are entitled to damages as a result of or in connection with your use of the Website, you agree that Company shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $500 in the aggregate.
Exclusions and Limitations
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Dispute Resolution, Including Arbitration And Class Action Waiver
You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute through good faith discussions with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at firstname.lastname@example.org. We will notify you through the contact information you have provided to us. The notice must be sent by U.S. mail (certified or registered) or by express courier (e.g. FedEx or UPS), with confirmation of delivery requested. However, we may provide notice by electronic means if you have not provided us with a postal address.
The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law, and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim, and the award shall provide a concise reasoned decision of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.
Notwithstanding the above, in lieu of initiating an arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The class action waiver below remains effective, even if you elect to file in a small claims court.
YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES WITH COMPANY ON AN INDIVIDUAL BASIS, AND YOU AGREE NOT TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR IN A LEGAL ACTION. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM AGAINST US, OUR SERVICE PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, PREDECESSORS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, “COMPANY ENTITIES”) AS A MEMBER OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS). YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS OR CONSOLIDATED ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this section that it may find to be unenforceable, except for the prohibition on class, representative, or private attorney general proceedings. You understand and agree that the waivers of rights in this section, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary.
Notice for California Consumers
If you have a question or complaint regarding this Website, please send an email to email@example.com. Users may also contact Company by writing to moon d’elle, LLC, 200 Public Square Suite 2800, Cleveland, Ohio 44114, or by calling Company at (216) 621-0150. Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Any rights not expressly granted to you herein are reserved by and to Company, its licensors, and other third parties.
Contacting Us. You may contact us at the following address: firstname.lastname@example.org.