TERMS & CONDITIONS
If you live in the United States of America (“U.S.”), the following Terms and Conditions apply to you:
U.S.A. Terms and Conditions
Last updated: September 9, 2022, 2022
This NETDRESSED website is published by NETDRESSED Corporation d.b.a. NETDRESSED, a Delaware Corporation, with offices at 651 North Broad Street, suite 206, Middletown, Delaware, 19709, USA (“we” or “NETDRESSED”).
1.2 Modification. NETDRESSED reserves the right to modify or change any of these Terms at any time with prior notice to you where required by law. Please check back periodically to ensure you are aware of any updates or changes. You can determine when the Terms were last updated by checking the “last updated” date displayed at the top of these Terms. Your continued use of the Services following the posting of any changes to the Terms constitutes acceptance of those changes. If any change to the Terms is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
- Your Use of the Services.
2.1 The Services. You agree to use the Services, including all features associated therewith, in accordance with (i) these Terms; and (ii) all applicable laws, rules and regulations, or other restrictions on the use of the Services or content therein. You are solely responsible for your interaction with other users of the Services.
2.2 Modifications / Suspension of Services. NETDRESSED reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services or your access to the Services for any reason or no reason with or without notice. You agree that NETDRESSED shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
- Registered Users.
You are not obligated to register with us in order to access the Services. However, certain sections and features of the Services are available only to visitors of the Services who have registered with a username and password (“Registered Users”). You agree you will not sell, transfer, license, or assign your account, credentials, or any account rights. You may only have one active Registered User account on the Services and only you may use your credentials to access the Services. You agree that you are responsible for all activities that occur under your Registered User account.
As a Registered User, you are responsible for keeping your password secret and secure. You also agree to promptly notify us if you become aware of any unauthorized use of your credentials, or any other breach of security involving or relating to the Services by emailing us at firstname.lastname@example.org. Without prejudice to our rights, we may suspend or terminate your access to the Services if you fail to comply with this section. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
- Trademark Information.
All names, graphics, designs, page headers, button icons, scripts, commercial markings, trade dress, service names, service marks, and logos used and displayed in connection with the Services are trademarks of NETDRESSED or its licensors or suppliers (collectively, the “Trademarks”). The Trademarks may not be used to disparage or discredit NETDRESSED, any third party of NETDRESSED’s or any third-party products or services, or in any manner (in NETDRESSED’s sole judgment) that may damage any goodwill in the Trademarks or may cause confusion.
- Site Content.
5.1 Ownership of Site Content. You agree that all material, including without limitation information, data, software, text (including text found in descriptions and articles), design elements, graphics, images, photographs, videos, clips, logos, icons, Trademarks, and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by NETDRESSED in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets, or other intellectual property and other proprietary rights and laws. NETDRESSED may own the Site Content or portions of the Site Content may be made available to NETDRESSED through arrangements with third parties.
5.2 Your Use of Site Content. NETDRESSED grants you a personal, non-exclusive, non-transferable, revocable, limited license, strictly to do the following: to view; reproduce; print; cache; store; and distribute Site Content via a generally available consumer web browser. The foregoing license is granted on the condition that you comply with these Terms and that you do not (and do not permit any third party to) remove or obscure the copyright notice or other notices displayed on Site Content. You may not reproduce, license, rent, modify, copy, transmit, publicly display, print, cache, store, link to, frame, or distribute content retrieved from these Services for any purpose prohibited by these Terms, or for any commercial purpose whatsoever, without the prior written permission of NETDRESSED or the copyright holder identified in the relevant copyright notice. Any rights not expressly granted herein are reserved.
- Copyright Assignment and Transfer of User Content.
User hereby irrevocably and unconditionally assigns, conveys, delivers and transfers to NETDRESSED (i) all of User's right, title, and interest in and to all Intellectual Property for all posted content, including product reviews, comments or suggestions, photographs, illustrations, artwork, videos, communications and/or other materials uploaded by User to Website (“User Content”); (ii) all of User's rights to benefits, priority rights, privileges, causes of action, common law rights, moral rights, and remedies relating thereto throughout the world, including, without limitation, all rights to (A) apply for and maintain all applications, registrations, renewals and extensions thereof, (B) sue, claim and recover for past, present and future infringement, misappropriation, or other violations of any Intellectual Property rights in any User Content, and (C) commercialize, exploit, or grant licenses or other interests thereto. For purposes of this Assignment, “Intellectual Property” shall mean any and all works of authorship, copyrights, moral rights, inventions, developments, concepts, improvements, designs, discoveries, know-how, ideas, software, trade secrets and compositions of matter and trade secrets (whether or not protectable under trade secrets law, patentable or registrable under patent, copyright or similar laws), patent rights, and any other intellectual property rights anywhere in the world and all goodwill associated with any of the foregoing and/or share it with other users. User represents and warrants that any User Content posted by you, is owned exclusively by you and that (i) you have all necessary rights to post such User Content via our Services, including the right to assign the Intellectual Property rights in such User Content to NETDRESSED and (ii) any User Content you post, publish, display or transmit to others via our Services complies with applicable law. We may, but are not obligated to, monitor or review any User Content (unless required by law). We retain the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms. User acknowledges that it is not entitled to receive any compensation for the User Content.
- Third Party Links.
- Restricted Conduct.
Except as otherwise expressly authorized in these Terms, you agree not to do or attempt to do any of the following:
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
Use, display, mirror, or frame the Service or any individual element within the Service (including the layout and design of any page or form contained on a page within the Service), NETDRESSED ’s name, any NETDRESSED Trademark, or any other proprietary information of NETDRESSED, without our express written consent;
Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Service or Collective Content;
Attempt to access or search the Service or Collective Content, or download Collective Content from the Service, through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third-party web browsers;
Use the Service to send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a NETDRESSED Trademark, NETDRESSED logo URL or NETDRESSED product name without our express written consent;
Use the Service for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms;
Use Collective Content for any commercial purpose, for the benefit of any third party, or in any manner not permitted by these Terms;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service to send altered, deceptive, or false source-identifying information;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or otherwise interferes with the functioning of the Service;
Collect or store any personally identifiable information from the Service about other users of the Service without their express permission;
Impersonate or misrepresent your affiliation with any person or entity;
Violate any applicable law or regulation;
Do anything else that we determine, in our sole discretion, misuses or otherwise negatively impacts the Service; or
Encourage or enable any individual to do any of the foregoing.
We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Service or Collective Content or to review or edit any Registered User Content, but that we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Collective Content, including any Registered User Content, that we, in our sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful to the Service.
You agree to defend, indemnify and hold NETDRESSED and its respective affiliates, licensors, officers, directors, employees, agents, and representatives, harmless from any and all losses, costs, expenses or damage of any nature whatsoever, including, without limitation attorneys’ fees and court costs, arising from any claim, cause of action, demand or suit by any third party, related to or arising out of your use of the Services or violation of these Terms. NETDRESSED reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting NETDRESSED’s defense of such matter.
10.1 Termination of Your Use of the Services. NETDRESSED may terminate or block your use of our Services if you violate these Terms or are engaged in illegal or fraudulent use of the Services. You agree that any termination of your use the Services may be affected without prior notice. Further, you agree that NETDRESSED shall not be liable to you or any third party for any termination of your use or otherwise access to the Services.
10.2 Survival After Termination. The following provisions of these Terms shall survive termination of your right to use the Services: Section 4 (Trademark Information); Section 5 (Site Content); Section 6 (User Content); Section 9 (Indemnity); Section 11 (Disclaimers); Section 12 (Limitation of Liability regarding Services); Section 13 (Release); Section 17 (Limitation of Liability regarding Purchases) and Section 22 (Dispute Resolution). Additionally, any other provisions (or part of a provision) of these Terms that by their nature should survive termination of your right to use the Services shall also survive.
11.1 Services Warranties. THE SERVICES AND ALL SITE CONTENT, OR ANY OTHER FEATURE, CONTENT OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. NETDRESSED DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
NETDRESSED HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. NETDRESSED MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED BY YOU THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (III) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. NETDRESSED IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE SITE CONTENT, SERVICES, ACTIONS, OR INACTIONS OF ANY USER, ARTICLE, BLOG POST, NEWSLETTER, OR THE LIKE.
YOU ACKNOWLEDGE THAT NETDRESSED HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF, THE TRUTH OR ACCURACY OF ANY USER CONTENT, OR THE ABILITY OF ANY USER TO PERFORM OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11.2 Publications: The opinions expressed in our published works are those of the author(s) and do not reflect the opinions of NETDRESSED Corporation (referred to as NETDRESSED) and any of its affiliates. They are neither a legal interpretation nor a statement of any NETDRESSED policy as the case may be. Neither NETDRESSED nor the authors guarantee the accuracy or completeness of any information contained in any publication and neither NETDRESSED or its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the written permission of NETDRESSED and/or the publisher. All rights reserved.
- Limitation of Liability regarding Services.
WHERE PERMITTED BY LAW, NETDRESSED SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NETDRESSED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR (II) ANY MATTERS BEYOND NETDRESSED’S REASONABLE CONTROL. WITH RESPECT TO USER CONTENT OR STATEMENTS, NETDRESSED SHALL HAVE NO LIABILITY WITH RESPECT TO ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, NETDRESSED IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES, AND NETDRESSED HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NETDRESSED AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, PARENT AND RELATED COMPANIES (COLLECTIVELY, THE “RELEASEES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SERVICES, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. RELEASEES WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RELEASEES SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
14.1 Availability. All orders are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.
14.2 Payment. The price of products shall be the one quoted on our Website, except where there is an error. If we discover an error in the price of any product(s) you have ordered, we may cancel the order and you will receive a full refund. The total cost of an order is the price of the product(s) ordered plus the delivery charge and sales taxes (if applicable). Prices are subject to change at any time and are calculated based on the location you are shopping from. All prices are in USD or as otherwise specified on the Services.
14.3.1 Upon completing your order, an e-mail confirmation will be sent to your address on file. This e-mail will serve as an invoice and includes your order number. For items available in stock, a standard processing time of up three (3) business days is required before your order is shipped. Orders placed after 11:00 AM (Eastern Time) may be processed the next business day, and orders placed on weekends and holidays will be processed the following business day starting at 8:00 AM (Eastern Time). During peak periods, processing times may exceed 3 business days. Once your order has been shipped, you will receive an e-mail with your shipment’s tracking information, allowing you to keep tabs on the progress of your delivery. Certain items are available for future deliveries (pre-orders.) These are not available in stock and will require between 10 to 45 days to produce. Other items may be specially cut for you (special orders.) For shipping of all pre-order and special-order items, please refer to the delivery window in the product description page under the ‘Shipping’ section. Please note that delivery windows are only an indication of the production and fulfilment timeframes as specified by our partner brand. Delays may occur in instances where our retail and brand partners are unable to dispatch products in the allocated timeframes. NETDRESSED will not be held liable for such delays and you will be notified with the new estimated dispatch dates. Please refer to our Shipping and Return Policies for details.
14.3.2 By placing an order, you acknowledge that this sale occurs outside the U.S., and that you are importing your order for non-commercial (personal) use. You also acknowledge that you will be listed as the importer for U.S. Customs and Border Protection purposes and that your order will be imported into the U.S. in accordance with the necessary customs requirements. Your order indicates your agreement to authorize NETDRESSED to appoint a designated carrier/customs broker, where applicable, as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment. Your order serves as an electronic signature indicating your agreement to the following, as required by US Customs and Border Protection:
“The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”
Your authorization permits the carrier/customs broker to file on your behalf: (i) an administrative entry under section 321 of the Tariff Act of 1930, if eligible (see below); (ii) an informal entry pursuant to section 143.21 of the Customs Regulations, if eligible; or (iii) the customs formal entry on your behalf for any order that is over $2,500, or otherwise requires formal entry. You are responsible for any U.S. duties and taxes that may be due under U.S. law. Shipments to the U.S. of goods that are valued at US$800 or less may be imported without the payment of duties and taxes subject to certain restrictions, pursuant to section 321 of the U.S. Tariff Act of 1930 ("Section 321"). These restrictions include the following: (1) a single contract or order addressed to a same individual that exceeds US$800, cannot be split into more than one shipment to avoid the payment of duties and taxes; (2) individual orders addressed to a same individual that are consolidated by the shipper or carrier on a single bill of lading (“B/L”) or air waybill (“AWB”) will be treated as a single shipment and will not be entitled to Section 321 treatment if the total value exceeds US$800; and (3) if there are individual B/Ls or AWBs, the shipment will qualify unless there are several B/Ls or AWBs addressed to a same individual with shipment on the same day and the total value of these shipments is over US$800, in which case U.S. Customs and Border Protection will treat them as a single shipment. All goods purchased from NETDRESSED should be imported into the U.S. without the payment of duties and taxes pursuant to Section 321, only when Section 321 is applicable. Our express carriers have been instructed to apply Section 321 only where applicable.
- Returns. All returns are subject to NETDRESSED’s Return Policy, available here.
- Product Warranty and Return Disclaimer. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR DISCLAIMER OF IMPLIED WARRANTIES. ACCORDINGLY, SOME OR ALL OF THE BELOW DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CERTAIN PRODUCTS SOLD OR DISTRIBUTED BY NETDRESSED MAY HAVE WARRANTIES THAT APPLY TO THEM. THESE WARRANTIES ARE PROVIDED BY THE MANUFACTURER OF THESE PRODUCTS AND NOT BY NETDRESSED OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NETDRESSED DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER ARISING FROM APPLICABLE STATUTES OR OTHERWISE), RELATING TO ANY PRODUCTS SOLD OR DISTRIBUTED BY NETDRESSED.
- Limitation of Liability regarding Purchases. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR OF CERTAIN DAMAGES. ACCORDINGLY, SOME OR ALL OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THIS EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NETDRESSED OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (COLLECTIVELY, "DAMAGES") ARISING FROM OR IN ANY WAY RELATED TO (I) THE RETURN OF A PRODUCT PURCHASED FROM NETDRESSED IN A MANNER THAT IS CONTRARY TO THE NETDRESSED RETURN POLICY AND/OR THE SHIPPING TERMS AND CONDITIONS OF THE APPLICABLE CARRIER, INCLUDING, WITHOUT LIMITATION, FAILURE TO SHIP IN ACCORDANCE WITH THE SHIPPING LABEL, AND/OR THE SHIPPING, HANDLING AND PACKAGING INSTRUCTIONS PROVIDED BY NETDRESSED OR THE APPLICABLE CARRIER; AND (II) ANY PRODUCT SOLD OR DISTRIBUTED BY NETDRESSED, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, PRODUCT LIABILITY AND NEGLIGENCE WITH RESPECT TO ANY REPRESENTATIONS MADE BY NETDRESSED REGARDING ANY PRODUCT SOLD OR DISTRIBUTED BY NETDRESSED, ANY DUTY TO PROPERLY TEST OR INSPECT SUCH PRODUCT, OR ANY FAILURE TO WARN OF THE SAFETY RISKS PERTAINING TO SUCH PRODUCT), CIVIL LIABILITY, STRICT LIABILITY, BREACH OF STATUTE (INCLUDING, WITHOUT LIMITATION, APPLICABLE STATUTES), OR OTHERWISE. THESE DAMAGES INCLUDE, WITHOUT LIMITATION, LOSS ARISING FROM DEATH OR PERSONAL INJURY, PROPERTY LOSS, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS AND LOST BUSINESS, DATA OR SALES, EVEN IF NETDRESSED OR ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, NETDRESSED'S AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT TO WHICH THE ALLEGED DAMAGES RELATE.
- Personal Data.
20.1 Permission. If you are under the age of 18, you should not use our Services, register on this Website or otherwise provide any data without the permission of your parent or guardian. If you use our Website or any of our Services, we will assume, and you confirm, that you are 18 years of age or older or that you have the permission of your parent or guardian. You may not use this Website if you are under the age of 18.
20.2 Supervision. If you are the parent or guardian of a child under the age of 18, you should carefully supervise your child’s use of the Services on our Website. It is the responsibility of parents or guardians, and not NETDRESSED, to determine whether any part of this Site or any site linked to from this Website is appropriate for their children.
- Choice of Law.
These Terms are governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to principles of conflicts of laws.
Notice For California Users
Under California Civil Code Section 1789.3, California users of the Service 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 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.
- Dispute Resolution.
22.2 Arbitration. If the parties do not reach an agreed upon solution pursuant to the procedures outlined in the paragraph above, you and NETDRESSED each agree that any Dispute will be settled by binding arbitration, except that you and NETDRESSED each retain the right to bring an individual action in small claims court, the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of the party’s respective intellectual property rights, and the right to seek public injunctive relief in a court of competent jurisdiction. Any such small claims matter shall be brought in the state courts of the State of New York or the United States District Court for the Southern District of New York, and you consent to the exclusive personal jurisdiction and venue in such courts.
22.3 Scope of Arbitration. The arbitrator shall exclusively determine all issues as to the Dispute. The arbitrator shall also determine any question as to whether any Dispute or issue is subject to arbitration, and the enforceability or interpretation of this Dispute Resolution Section.
22.4 Class Action Waiver; Individual Arbitration. You and NETDRESSED each waive the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Under no circumstances will you file, seek, or participate in a class action, mass action, or representative action in connection with a Dispute. Further, unless both you and NETDRESSED otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this Dispute Resolution section will be deemed void. Except as provided in the preceding sentence, this Dispute Resolution section will survive any termination of this Agreement.
22.5 Arbitration Rules. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Dispute Resolution section. (The AAA Rules are available www.adr.org) If for any reason, AAA is unable or unwilling to conduct the arbitration consistent with this Agreement, you and NETDRESSED will pick another arbitrator pursuant to 9 U.S. Code § 5.
22.6 Arbitration Procedure and Location. If the value of the Dispute does not exceed 10,000 United States Dollars (“USD”), then the arbitration will be conducted solely based on documents you and NETDRESSED submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary, in which case, such hearing shall be conducted by telephone, unless you and NETDRESSED agree otherwise. If the value of the Dispute exceeds 10,000 USD, your right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearing shall be conducted in New York County, New York unless you and NETDRESSED agree otherwise. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration.
22.7 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator bases any award. Any award in arbitration shall determine the rights and obligations between the named parties only. The arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorney’s fees and costs, in accordance with the law(s) that applies to the case, except that the arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
- Contact Information
If you have any questions about these Terms, or if you have technical questions about the operation of the Services, please contact us via customercare@NETDRESSED.com. Please do not include any sensitive information in your correspondence as emails may not be encrypted.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Service (“Feedback”). You may submit Feedback by contacting us. You acknowledge and agree that all Feedback will be the sole and exclusive property of NETDRESSED, and you hereby irrevocably assign to NETDRESSED, and agree to irrevocably assign to NETDRESSED, all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain NETDRESSED ’s intellectual property rights and other legal protections for the Feedback.