Thursday, September 29, 2016

Terms of Use 4

Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of Gracious Style.com and any related web sites and mobile applications (together, "the Web Site") and your relationship with Gracious Style, Inc. and any of its affiliates, partners, or employees (together, "Us" or "We.")  Your use of our Web Site or our mobile application constitutes your agreement to follow these Terms and Conditions and to be bound by them.  These Terms and Conditions, including all documents referenced herein, represents the entire understanding between You and Us and supersede any other agreements, statements or representations.

All policies, including but not limited to the Privacy Policy, Return Policy, Ordering and Payments Policies (together, "Policies") posted on the Web Site or communicated in any other written medium by Us are hereby incorporated as part of these Terms and Conditions.  You hereby agree to such Policies in any use of our Web Site or any other communications, transactions, or interactions with Us for any purpose whatsoever.


These Terms and Conditions and our Policies may be updated at any time in the future without notice to You, and you agree to be bound to these Terms and Conditions including any updates.


This Web Site and our mobile applications, and all Content available on this Web Site, our mobile applications, or both, are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including without limitation warranties of title or implied warranties of merchantability, non-infringement, or fitness for a particular purpose. You acknowledge, by your use of this Web Site or our mobile applications, as applicable, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use, and that We shall not be liable for any damages of any kind related to your use of this Web Site or our mobile applications. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.


From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We are not responsible for any errors, omissions, or inaccuracies on the Web Site.  We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).  


Any order placed on the Web Site and any inquiry directed to Us is an offer to enter into a transaction by You, and We reserve the right to decline any such offer at any time for whatever reason.  As part of your order, any payment information you provide us, including but not limited to billing address, bank account, and credit card numbers, may be used towards payment of or collection for subsequent fees incurred as a result of your order, including but not limited to address correction and customs duties fees.


All of the Content on the Web Site is subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Us.  Your use of the trademarks, service marks, trade dress and copyrighted material displayed on this Web Site is strictly prohibited. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. We reserve complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content. 


Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Us. Your submission of any such Comments shall constitute an assignment to Us of all worldwide rights, titles and interests in all copyrights and other intellectual property rights, including but not limited to moral rights, in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. 


To the extent the Web Site contains hyperlinks to outside services and resources, the availability and content of which We does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.


If any of these terms and conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. These terms and conditions and the relationship between you and Us will be governed by the laws of the State of the California without regard to any conflict of law provisions. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. We do not guarantee it will take action against all breaches of these terms and conditions.  


You agree to binding arbitration without the right of discovery of any complaint exceeding the jurisdiction of a Small Claims Court.  The prevailing party shall be entitled to legal costs, including reasonable attorney's fees, resulting from any complaint exceeding the jurisdiction of a Small Claims Court.


You agree to the personal jurisdiction of and venue in any federal or state court of competent subject matter jurisdiction, including Small Claims Courts, located in the City of Los Angeles, State of California for the adjudication of any matters arising between You and Us, that have not been resolved through arbitration.


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