StylePuzzle Is Facilitator between Customer and Personal Fashion Shopper
StylePuzzle is a communications platform for facilitating the connection between individuals seeking to buy clothes, accessories and other clothing items ("products"), and individuals seeking to assist Customers by retrieving and mailing the products to and on behalf of Customers who have authorized the purchase of such products ("Personal Shopper(s)") (such services provided by Personal Shoppers to be hereinafter referred to as "Personal Shopper Services"). The additional fee Customer pays that is above the retail price of the products is for the purpose of engaging the Personal Shopper to perform the Personal Shopper Services. Customer acknowledges and agrees that the Personal Shopper acts as the agent of the Customer in carrying out the Personal Shopper Services, and that StylePuzzle has no relationship with Customer other than to provide the Support as set forth in this Agreement. StylePuzzle does not have control over the quality, timing, legality, failure to provide or any other aspect whatsoever of the Personal Shopper Services.
YOU AGREE THAT NEITHER STYLEPUZZLE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR FOR ANY PERSONAL SHOPPER SERVICES. NEITHER STYLEPUZZLE NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER. IN THE EVENT YOU HAVE A DISPUTE WITH ONE OR MORE PERSONAL SHOPPERS, YOU HEREBY RELEASE STYLEPUZZLE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM ANY AND ALL CLAIMS, LIABILITIES, COSTS, INCLUDING WITHOUT LIMITATION ATTORNEY'S FEES, LOSS OR DAMAGE OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Use of Material
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to StylePuzzle and its affiliates. Users of this Website or of the StylePuzzle Support ("you" or "User(s)") may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
In connection with User Submissions, you agree that you will not submit material that: (i) is copyrighted, subject to privacy or publicity rights or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the owner to submit the material and to grant StylePuzzle all of the license rights granted herein; (ii) is unlawful, obscene, harassing, defamatory, libelous, pornographic, hateful, racially or ethnically offensive or is otherwise inappropriate; (iii) could damage the reputation of StylePuzzle or any third party; or (iv) impersonates another person. StylePuzzle reserves the right to remove any User Submissions at its sole discretion and without notice or liability to you or to any other person.
StylePuzzle does not endorse any User Submission or any opinion, recommendation or advice therein, and StylePuzzle expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against StylePuzzle with respect thereto. StylePuzzle may provide links to websites owned or operated by third parties. StylePuzzle does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk.
RETURN POLICY AND SHIPPING.
You may return any item from a particular shopper you receive through the Service (in accordance with the instructions below) within three (3) days after it is delivered. For free returns, please email firstname.lastname@example.org to access the pre-paid shipping label. Items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Shipping is not available to all locations. Members will not be charged fees for return shipping, except in special circumstances (where we will give you advance notice). All items you receive through the Service will be shipped by a third-party carrier. For any reason, the shopper may decline to accept your request for booking. If so, we will attempt to notify you at the email address you provided. All Items shall be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Product(s) to a common carrier.
You may earn credits for use at the site if you refer a new member to StylePuzzle. You will receive credits after the first shipment for the referred member. The amount of credit you will receive is according to the stated amount on the website at the time the referred member signs up at HYPERLINK "https://www.stylepuzzle.com" www.stylepuzzle.com. The maximum credit amount that you may accrue at any one time is $100.
OWNERSHIP OF INTELLECTUAL PROPERTY.
Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by StylePuzzle, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith is the property of StylePuzzle, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by StylePuzzle. The STYLEPUZZLE name and logos are trademarks and service marks of StylePuzzle (collectively the “StylePuzzle Trademarks”). Other StylePuzzle, Item, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to StylePuzzle. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of StylePuzzle Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of StylePuzzle Trademarks will inure to our exclusive benefit.
Social Networking Services.
In addition, StylePuzzle is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, StylePuzzle is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. StylePuzzle enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
StylePuzzle and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
- claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory;
- claims that arose before this or any prior agreements (including, but not limited to, claims relating to advertising);
- claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
- claims that may arise after the termination of this Terms of Service.
References to " StylePuzzle ", "you", and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and StylePuzzle are each waiving the right to a trial by jury or to participate in a class action. This Terms of Service evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Terms of Service. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
GENERAL RULES OF USER CONDUCT
It is our goal to make access to our Site and Services a good experience for all of our Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services for any purposes other than for which the Site or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Items, Site or Services; Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site; Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code; Use the Site or Services to generate unsolicited email advertisements or spam; Use the Site or Services to stalk, harass or harm another individual; Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts); Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services; Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or Our Content contained on any such web page for commercial use without our prior express written permission; Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or frame the Site or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
RIGHT TO SUSPEND
StylePuzzle reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Boxes at any time at our discretion including, without limitation, as necessary in StylePuzzle’s discretion to protect the security or operation of the Site or Services.
Third Party Content and Other Websites.
USE OF THE SUPPORT IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE WEBSITE AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SUPPORT IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STYLEPUZZLE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SUPPORT OR THE CONTENT OF ANY WEBSITES LINKED TO THE STYLEPUZZLE WEBSITE. STYLEPUZZLE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STYLEPUZZLE WEBSITE OR THE SUPPORT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF STYLEPUZZLE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. STYLEPUZZLE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE WEBSITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, STYLEPUZZLE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. STYLEPUZZLE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. STYLEPUZZLE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, SUPPORT, SOFTWARE, TEXT, GRAPHICS OR LINKS. STYLEPUZZLE AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
Limitation of Liability
YOU AGREE THAT StylePuzzle SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE OF THE SUPPORT; (II) THE LIABILITY OR FITNESS OF ANY PERSONAL SHOPPER OR PERSONAL SHOPPER SERVICES; OR (III) IN CONNECTION WITH THE PERFORMANCE OF OR BROWSING IN THE WEBSITE OR YOUR LINKS TO OTHER WEBSITES FROM THIS WEBSITE, EVEN IF StylePuzzle HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT StylePuzzle SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. IN NO EVENT SHALL StylePuzzle'S TOTAL LIABILITY TO YOU FOR ANY LOSSES ARISING HEREUNDER EXCEED THE AMOUNTS PAID BY YOU TO StylePuzzle HEREUNDER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SHOULD A JURISDICTION BE ADVERSE TO A LIMITATION OR EXCLUSION OF WARRANTIES, SUCH PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND THE OTHER PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.
You agree to defend, indemnify and hold harmless StylePuzzle and its officers, directors, employees, agents and affiliates (each, an "Indemnified Party"), from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Website or from any breach by you of these Terms and Conditions, including without limitation any actual or alleged violation of any federal, state or local statute, ordinance, administrative order, rule or regulation. StylePuzzle shall provide notice to you promptly of any such claim, suit or proceeding and shall have the right to control the defense of such action, at your expense, in defending any such claim, suit or proceeding.
At its sole discretion, StylePuzzle may modify or discontinue the Website, or may modify, suspend or terminate your access to the Website or the Support, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Website or the Support, StylePuzzle reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Support is terminated, this Agreement will remain enforceable against you. You may terminate this Agreement at any time by ceasing all use of the Support. All provisions which by their nature should survive to give effect to those provisions shall survive the termination of this Agreement.
The parties shall first attempt to resolve any dispute related to this Agreement in an amicable manner by mediation with a mutually acceptable mediator. If unable to agree upon an acceptable mediator, either party may ask a mutually agreed upon mediation service to appoint a neutral mediator, and the mediation shall be conducted under the Commercial Mediation Rules of the mutually acceptable mediation service. Any disputes remaining unresolved after mediation shall be settled by binding arbitration conducted in San Francisco, California utilizing a mutually agreed arbitrator or arbitration service. The arbitration shall be conducted under the Commercial Arbitration Rules of the mutually agreed arbitrator or arbitration service. Both parties shall be entitled in any arbitration to conduct reasonable discovery, including document production and a reasonable number of depositions not to exceed five per party. The prevailing party shall be entitled to recover its costs and reasonable attorney's fees, as determined by the arbitrator. The arbitrator shall be required to follow the law.
Governing Law and Severability
This Agreement is governed by the laws of the State of California, without regards to its conflict of laws principles. If any provision of this Agreement is found to be invalid in any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Any offer for any product, feature, service or application made on this Website is void where prohibited.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Changes to the Agreement
StylePuzzle reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement, effective with or without prior notice. Your continued use of the Website or the Support following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.