Tradesy Closet Concierge
This Agreement is effective on April 2, 2018 for current users and as of the first use of the Websites or the services provided by Tradesy Services by new users. For prior users of yourfitz.com who continue to use Tradesy Services, this Agreement supersedes any prior agreement you may have entered with Iown LLC d/b/a Fitz. This Agreement is between you (the “user” or “you”) and Tradesy Services. Any user who is found to be in violation of the following Agreement and any other policies posted on the Websites may be banned, at the sole discretion of Tradesy Services, from using the Websites or any service offered by Tradesy Services.
Tradesy Services may, in its sole discretion, refuse to offer access to or use of the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
3. Affirmative Representations Regarding Your Use of the Service
Our Services are only available to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using our Service, registering with our Websites, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in the United States; (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to this Agreement. Individuals under the age of 18 must at all times use our Service only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities of any minors.
C. Account Information and Password
You acknowledge and agree that you are fully responsible for all activity, liability, and damage resulting from your failure to securely maintain your Tradesy Closet Concierge account information and password. You acknowledge and agree that you will protect your account information and password, ensure this information is current and accurate, and bear full responsibility for any activities conducted through your account.
Your account information, particularly your email address and password, authenticates your identity as a Tradesy Closet Concierge user, and Tradesy Services is entitled to act on any transaction instructions received from your account information, regardless of whether it is being used with authorization from you. You agree to notify Tradesy Services of any unauthorized use of your password or any breach of security. You also agree that Tradesy Services cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your user login and password information in combination to any other party other than Tradesy Services without Tradesy Services’ explicit written permission.
D. Right to Refuse Service
Our Services are not available to temporarily or indefinitely suspended Tradesy Closet Concierge users. Tradesy Services reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Tradesy Services reserves the right to refuse service to anyone, for any reason, at any time.
4. User Registration and Accounts
A. User Registration
You can visit and browse the Service without becoming a registered user of the Service, but you will not be able to sign up for or receive Wardrobe Services through the Service, unless you are a registered user of the Service. You can sign up to become a registered user of the Service by completing the registration process on the Websites. If you sign up to become a registered user of the Service, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
B. User Accounts
If you become a registered user of the Service, you will be required to create a user I.D. that will be associated with your user account. You may only create one user I.D. that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. We will not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge.
5. Wardrobe Services
A. Wardrobe Services Requests
If you would like one of our Stylists to come to your Home (as defined in Section 5(C) below) and provide the Wardrobe Services provided through the Service, you must complete the booking process by creating a user account as described in Section 4, completing the questionnaire on the Websites, providing your payment information to our third-party payment processor, and completing the check-out process and confirming your purchase. No fees will be charged to the payment account you provide to our third-party payment processor until you complete the check-out process and confirm your purchase, however, our third-party payment processor may temporarily charge your payment account, typically for an amount equal to $1.00 or less, in order to verify your payment account. After you have completed the foregoing booking process, we will assign a Stylist to you and the appointment for Wardrobe Services will be made through our booking system at a mutually agreeable time and date.
B. Our Stylists; No Guarantee
We check the backgrounds of our Stylists using third-party background check services and take reasonable efforts to verify the identities and qualifications of our Stylists. However, in the unexpected event you feel uncomfortable while working with a Stylist in your Home, you should use caution and common sense as necessary to protect your personal safety and property. In addition, Wardrobe Services are personal in nature, and we therefore cannot guarantee any specific results or that you will be satisfied with the Wardrobe Services provided by our Stylists.
C. Access to Your Home; Photographs of Your Wardrobe and Home
You warrant that you are either the owner of the premises where you have requested that our Stylist provides the Wardrobe Services (your “Home”) or that you have the authority to give us access to your Home. If you are not the owner of your Home, you are responsible for obtaining any necessary approvals from the owner of the Home to allow our Stylist into the Home. Our Stylists will take photographs of your clothing and closet in order to provide the Wardrobe Services to you, and these photographs may also include incidental images of your Home and items on display in your Home. By signing up to use our Wardrobe Services in accordance with Section 5(A), and as a condition to or Stylists providing Wardrobe Services to you at your Home, you are providing your consent and permission for our Stylists to: (i) take photographs and make audio and/or visual recordings of your clothing, closet, Home and items on display in your Home, including any signs, displays, names, identifying marks, designations and the like appearing in your Home, and (ii) to use, copyright, record, reproduce, broadcast, distribute, edit, publish, exhibit, disseminate, digitally enhance and recreate, and use in any way throughout the universe and in perpetuity, the visual and/or audio portions of any photographs, videotape, film, negatives, prints, or stills created by our Stylists or Tradesy Closet Concierge in connection with providing the Wardrobe Services to you, for use through any medium or media now known or hereafter devised and for advertising, publicity, promotion, trade, programming or any other lawful purpose whatsoever related to the Wardrobe Services or the Service generally. If a Stylist is at your Home and you are not comfortable with, or otherwise object to, the Stylist taking photographs at your Home, you may elect to opt-out of having the Stylist take photographs at your Home, however, if you opt-out of having the Stylist take photographs at your Home, you may not be able to access and use all aspects of the Wardrobe Services or all features of the Service, and you will not be entitled to any refund with regard to your inability to access and use these Wardrobe Services or Service features.
D. Text Messages and Phone Calls
By providing your phone number to us and using the Service, you agree that we may, to the extent permitted by applicable law, use your phone number to call you in connection with providing the Wardrobe Services to you and, if the phone number you provide is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Wardrobe Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us.
The Tradesy Closet Concierge consignment service focuses on high-end designer and contemporary brands of women’s fashion, jewelry and accessories. You must agree to the Closet Concierge Consignment Services Agreement if you wish to consign items with Tradesy Closet Concierge.
6. Terms of Sale
A. Duration of Styling Services; Pricing
We offer our Wardrobe Services in the hourly increments specified when you sign up to receive Wardrobe Services in accordance with Section 5(A) and in accordance with our pricing policy as specified on the Websites. We do not guarantee, represent or warrant that the applicable hourly increment that you purchase will be sufficient to complete any of the Wardrobe Services, and, depending on the size of your wardrobe and the scope of your organizational needs, our Stylists may require less time or additional time to complete the applicable Wardrobe Services. If your Stylist completes the applicable Wardrobe Services prior to the end of the hourly increment that you purchased, if requested by you, your Stylist will stay at your Home and assist with your additional styling or organizational needs until the applicable hourly increment is complete. If your Stylist is unable to complete the applicable Wardrobe Services prior to the end of the hourly increment that you purchased, you may request that the Stylist return to your Home for one or more additional hourly increment(s) in order to complete the applicable Wardrobe Services. Any applicable additional hourly increment that you request will be subject to the payment of corresponding fees in accordance with our pricing policy. In addition, the scheduling of these additional Wardrobe Services will be subject to the availability of the applicable Stylist.
B. Cancellation and Rescheduling
We understand that there are times when you might need to cancel, reschedule or change an appointment with your Stylist. If you must cancel or reschedule your Tradesy Closet Concierge appointment, please email email@example.com. If you cancel or reschedule your appointment less than 24 hours before your appointment you will not receive a refund. In the event a Stylist is unable to honor an appointment due to extreme weather conditions, or other circumstances beyond the Stylist’s reasonable control, we will reschedule your appointment to another mutually acceptable date and time.
C. Right to Refuse to Provide Wardrobe Services
Our Stylists have the right to refuse to provide Wardrobe Services if, upon arrival to your Home, a Stylist feels unsafe, threatened or otherwise at risk. In the event that a Stylist refuses to provide the Wardrobe Services for any of these reasons, the Stylist is required to terminate the appointment and no refund will be provided. In addition, if the Stylist terminates your appointment because of these reasons, we will have the right to restrict or terminate your right to re-book, or book additional, Wardrobe Services through the Service.
D. Coupons/Special Sales
“Coupons” and “Coupon codes,” “Sales,” and other special pricing and deals are as advertised only. Please read the specific terms for the applicable offer to understand what restrictions or limitations may apply. All special pricing and deals will begin and end on the date and at the time specified with the applicable offer. All valid coupons and coupon codes will be provided through the Service or through advertising sponsored by us. We do not have an obligation to honor any coupons or coupon codes that are posted on third-party websites or otherwise provided by third parties.
E. Referral Program
We may offer credits or other incentives to existing users when they refer new users to the Service (“Referral Credits”). To qualify for this type of Referral Credit, you must refer a bona fide first time user who establishes a Tradesy Closet Concierge account and books and completes a Tradesy Closet Concierge appointment. Please note that Referral Credits are issued only for referrals of first time users of the Service. Referral Credits are not available if you refer an existing or previous user of the Service. You may earn only one Referral Credit per new user that you refer and you cannot earn a Referral Credit by referring yourself. Referral Credits may be provided in the form of a credit to your Tradesy Closet Concierge account or in such other form that Tradesy Closet Concierge may specify in the terms applicable to the specific referral offer, and the scope, variety, and type of services and products that you may obtain by redeeming Referral Credits can change at any time. Tradesy Closet Concierge also reserves the right to revoke or cancel Referral Credits at any time. Referral Credits will expire in accordance with the terms applicable to the specific Tradesy Closet Concierge referral offer. Referral Credits are coupons issued for promotional purposes; they have no cash value and may not be transferred, exchanged for cash, or otherwise sold. You are responsible for any and all tax liabilities associated with Referral Credits. Referrals should only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. We reserve the right to not award a Referral Credit or disqualify someone from the Tradesy Closet Concierge referral program if we feel, in our sole discretion, that fraudulent behavior or other unethical conduct has occurred in any way that compromises the fairness of the Tradesy Closet Concierge referral program in any way. We also reserve the right to change the terms and conditions of the Tradesy Closet Concierge referral program at any time, without notice, at our sole discretion. The Tradesy Closet Concierge referral program is void where prohibited by law.
7. Prohibited Activities; Social Media Guidelines
A. Prohibited Activities
You agree that in connection with your use of the Service, you will not:
- (i) use the Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, access (or attempt to access) any portion of the Websites or any Service, or other personal information through any automated means (including use of scripts, scraping, or web crawlers), or violate any instructions set out in any robots.txt files present on the Websites or Service, including attempting to obtain, use, or access any materials or information that is not intentionally made publicly available via the Websites or Service or engaging in unauthorized framing of, or linking to, the Service without our express written consent;
- (ii) transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden or “flood” on the Service or the networks or services connected to the Service, including without limitation, hacking into the Service, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
- (iii) impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, harass, annoy, stalk, harm, threaten, or otherwise engage in abusive behavior towards others, or violate the personal or proprietary right, of any person or entity;
- (iv) post advertisements or solicitations for jobs or employment on the Service, or otherwise use the Service to hire any person to perform work, including, without limitation, posting advertisements or solicitations for modeling jobs or talent or talent scouting positions on the Service;
- (v) post on the Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions, or requires recruitment of other members, sub- distributors or sub-agents;
- (vi) decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;
- (vii) circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Service or the materials on the Service or interfere with or disrupt the Service or Websites or servers or networks connected to the same;
- (viii) upload, store, distribute, or disseminate electronic files that are corrupted or contain viruses, “trojans,” “spyware,” “adware,” “malware,” or any other malicious components, or take any measures, such as implementing “denial of service” attacks, “email bombs,” or other techniques that impose an unreasonable or disproportionately large burden on the Websites any Service or any other Tradesy Services’ system or network, or that are otherwise connected to or interface such systems or networks;
- (ix) infringe upon any third party’s rights, including any third party copyright, patent, trademark, trade secret or other proprietary or intellectual property rights, privacy rights, moral rights or other proprietary rights;
- (xi) impersonate or intimidate any person (including Tradesy Services team members or other users), or falsely state or otherwise misrepresent your affiliation with any person through the use of similar email address, nicknames, or creation of false account(s) or any other methods of deceit; or
- (xii) appear to create liability for Tradesy Services or cause Tradesy Services to lose (in whole or in part) the services of Tradesy Services’ internet service provider or other vendors.
B. Social Media Guidelines
If you access or use any of our social media pages on Facebook, Pinterest, Twitter, Instagram or YouTube, or post any reviews or comments regarding your use of the Service on these social media services or other third party websites, we ask you to follow the following guidelines:
- (i) Please be polite and courteous. Excessive name calling, profanity, fighting words, discriminatory epithets, sexual harassment, bullying, gruesome language or the like, are not acceptable;
- (ii) All postings should come from a real person. We will delete any postings from our social media pages that we believe have come from fake or anonymous profiles;
- (iii) Please verify that all information submitted is accurate and factual. Negative comments and complaints posted by you could be construed as claims about Tradesy Closet Concierge or an individual and may be subject to libel laws and other legal claims;
- (iv) We would like to hear about your complaints or concerns regarding the Service before you share them publicly with others so that we can help resolve them for you. If you are a user and have a customer service comment, complaint, concern or idea, please email us at firstname.lastname@example.org; and
8. Our Intellectual Property Rights
9. Our Management of the Service; User Misconduct
A. Our Right to Manage the Service
We reserve the right, but do not undertake the obligation to:
- (iii) manage the Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Service;
- (iv) screen our users, or attempt to verify the statements of our users and/or
B. Interactions with other Users
Please choose carefully the information you post on the Service and that you give to other users of the Service. You are discouraged from publicly posting your telephone number, street address or other personal or financial information on the Service. Information posted to the Service by other users of the Service may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Service.
C. Our Right to Terminate Users
Tradesy reserves the right to suspend and/or terminate a user’s account or any accounts held by that user by virtue of association, including all usernames under which that user operates on the Websites or the Service.
10. Third Party App Stores
11. Third Party Sites
The Service may contain links to websites operated by third parties (“Third Party Sites”), and you may be able to share information with Third Party Sites through links on the Service; however, we do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Service does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them.
Tradesy Services is not responsible for the availability of outside websites or resources linked to or referenced on the Websites or Service. Tradesy Services does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Tradesy Services shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
12. Warranty Disclaimer; Limitation on Liability
A. Disclaimer of Warranties
- (ii) Tradesy Services does not guarantee continuous, uninterrupted access to the Websites or Service, and operation of the Websites or Service may be interfered with by numerous factors outside Tradesy Services’ control.
- (iii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Service’s content, the content of any site linked to the Service, or information or any other items or materials on the Service or linked to by the Service. We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service or any Wardrobe Services, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Service, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Service by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Service.
You acknowledge that we cannot guarantee the continuous operation of or access to our Websites, Service, or tools. You further acknowledge that operation of and access to our Websites, Service, or tools may be interfered with as a result of technical issues or numerous factors outside of our control. You agree that you are making use of our Websites, Service, and tools at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law: WE EXCLUDE ALL EXPRESS OR IMPLIED WARRANTIES, TERMS AND CONDITIONS INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
B. Limited Liability
By using the Service or requesting Wardrobe Services through the Service, you agree to hold Tradesy Services free from responsibility for any liability or damage that might arise out of the Wardrobe Services provided by our Stylists, including any damage to or loss of your clothing or other personal possessions in your Home. To the extent permitted by applicable law, Tradesy Services is not responsible for the conduct, whether online or offline, of any of our Stylists, and will not be liable for any claim, injury or damage arising in connection with Wardrobe Services provided by our Stylists.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR GUARANTEES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY WARRANTY OR GUARANTEE CANNOT BE EXCLUDED, TRADESY SERVICES’ LIABILITY FOR BREACH FOR SUCH WARRANTY OR GUARANTEE IS LIMITED (AT TRADESY SERVICES’ ELECTION), THE RESUPPLY PAYMENT OR PAYMENT OF THE COST OF THE RESUPPLY OF THE SERVICES.
IF TRADESY SERVICES IS FOUND LIABLE TO YOU OR ANY THIRD PARTY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SUCH LIABILITY IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES IN DISPUTE NOT TO EXCEED THE TOTAL FEES WHICH YOU PAID TO TRADESY SERVICES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, OR (B) $100 USD.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
14. Legal Disputes and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND TRADESY SERVICES HAVE AGAINST EACH OTHER ARE RESOLVED.
This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Tradesy Services agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
A. Arbitration Agreement
We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Agreement if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service or Websites, (ii) any purchases or other transactions or relationships with Tradesy Closet Concierge, or (iii) any data or information you may provide to Tradesy Services or that Tradesy Services may gather in connection with such use, interaction or transaction (collectively, “Tradesy Services Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Tradesy Services Transactions or Relationships with us, you agree to binding arbitration as provided below.
- (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Tradesy Services (the “Arbitrator”);
- (c) Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Tradesy Services; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission;
- (d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of California consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with California or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- (e) No Class Relief. The Arbitration can resolve only your and/or Tradesy Services’ individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- (g) Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Tradesy Services will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;
- (h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Tradesy Services’ last written settlement offer, the Arbitrator shall also have the right to include in the Award Tradesy Services’ reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Tradesy Services shall in all events bear its own attorneys’ fees; and
- (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Tradesy Services shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;
- (j) Modification of Arbitration Clause With Notice. Tradesy Services may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Tradesy Services has given notice of such modifications and only on a prospective basis for claims arising from Tradesy Services Transactions and Relationships occurring after the effective date of such notification;
- (k) Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Tradesy Services in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding; and
- (l) Government regulators and ombudsman. Nothing in this section excludes your rights to seek resolution of disputes through the applicable government regulators, ombudsmen or their associated dispute resolution processes at law in any jurisdiction in which the Websites or Service are available.
B. Exclusive Venue for Litigation
15. Notice to New Jersey Users
16. Notice to California Users
Under California Civil Code Section 1789.3, users located in California are entitled to the following consumer rights notice: We are located at 1217 2nd Street, Floor 3, Santa Monica, CA 90401. If a user has a question or complaint regarding the Service, please send an email to email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445- 1254 or (800) 952-5210.
17. Notice to International Users
The Service is controlled and operated by Tradesy Services from its offices in the United States. We do not make any representations that the Service or any Materials are available or appropriate for use in your location. You agree to comply with all local rules applicable to you regarding user conduct on the Internet and acceptable content. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
18. No Modifications by Our Employees
19. Independent Contractors
Any rights and licenses granted hereunder, may not be transferred, assigned, or sublicensed by you without Tradesy Services’ express written consent. On the other hand, Tradesy Services may assign, sublicense, or otherwise transfer any rights or licenses under these Terms of Service, without restriction and without prior notice to you.
23. Entire Agreement
24. Contact Information
- Tradesy Services, Inc., Attention: Legal Department, 1217 2nd Street, Floor 3, Santa Monica, CA 90401.
- The user account name, email address, and physical address associated with your user account.
Following termination of this Agreement and/or your commercial relationship with Tradesy Services, any term of the Agreement logically extended beyond such termination shall survive to the fullest extent necessary to allow you and Tradesy Services to enforce any rights obtained or obligations incurred hereunder.
27. No Third Party Beneficiaries
28. Force Majeure
Neither you nor Tradesy Services will be deemed to have any liability whatsoever to the other or to any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
Updated: April 24, 2018