Welcome to FASHIONGO. We are glad you are here, and would like to inform you of our terms of use below. Access to and use of the Site (defined below) is subject to these terms and conditions (the “Terms of Use”) and apply to the FASHIONGO websites, including those sites located at https://www.FASHIONGO.net, http://www.FASHIONGO.com, and https://vendoradmin.fashiongo.net and also applies to your use of FASHIONGO’s mobile applications (collectively the “Site”). The Site is the property of NHN GLOBAL, INC. dba FASHIONGO located at 2250 Maple Avenue, Los Angeles, CA 90011 (“FASHIONGO,” “our,” or we”) and its licensors. By using the Site, you accept and are bound by these Terms of Use. If you are an employee or agent of an entity, you represent and warrant that you have the authority to bind such entity, and your acceptance of these terms of use shall be so binding upon such entity. If you do not agree, do not use this Site.
PLEASE NOTE THAT THESE TERMS OF USE CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU (SEE AGREEMENT TO ARBITRATE DISPUTES BELOW). THESE PROVISIONS SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
What are the basics to using the Site?
By using our Site, you agree to abide by all applicable local, state, federal, and international laws, rules, treaties, conventions and regulations including but not limited to those governing intellectual property and privacy rights, that apply to your use of the Site and Content (defined below). As used in this section, all applicable privacy laws shall include the EU General Data Protection Regulation (“GDPR”), the law of any member state of the European Union, the UK Data Protection Legislation, the California Consumer Privacy Act (“CCPA”), and any other applicable privacy and data protection law.
Subject to your strict compliance with these Terms of Use and any applicable Agreements, FASHIONGO grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, and play the Content on a personal computer, browser, laptop, tablet, mobile phone, or other internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in FASHIONGO’s sole discretion, and without advance notice or liability. Copying, reproducing, advertising, uploading, selling, and otherwise using a product, item, description, design or image on the Site in violation or infringement of another party’s legally protected trademark, copyright, likeness, publicity, privacy, patent, trade secret, or any other protected interest is strictly prohibited, and any such use may result in your personal liability, including potential criminal liability.
You may not post, link or upload (i) viruses or any material that is harmful to our Site or our user’s computers; (ii) use any robot, spider, scraper or other automated means to access the Site for any purpose; (iii) post, link or upload objectionable content, in our sole discretion, to our community as a whole, including content that is obscene, indecent, defamatory, hateful or intolerant in nature; (iv) publish content that constitutes “junk mail”, “spam”, “phishing”, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; (v) export or re-export any FASHIONGO.net application or tool; (vi) reproduce, perform, display, distribute, reverse engineer, or prepare derivative works of the Site or Content, except with prior express written permission of FASHIONGO and/or any other party holding the right to license such use; (vii) commercialize any FASHIONGO application or any information or software associated with such application; (viii) harvest or otherwise collect information from the Site or Content; (ix) circumvent any technical measures FASHIONGO uses to provide the services; (x) use the Site or Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (xi) otherwise violate these Terms of Use or any applicable Agreements (defined below).
Vendors and Buyers are responsible for obtaining and/or furnishing resale certificate(s) or as otherwise required by the applicable jurisdiction(s) requirements and are responsible for complying with the laws and requirements of all applicable jurisdictions, including but not limited to those matters relating to resale certificates, seller’s permits, and tax requirements.
We may report any activity that may violate the law to officials, regulators or other third parties, and we may do so without prior notice to you.
You agree to provide true, accurate, current, and complete information about you as prompted during the registration process for any FASHIONGO services, and to maintain and update this information to keep it accurate.
How about links to other websites?
The Site may contain links to third-party websites. FASHIONGO is not responsible for and does not endorse the content of such third-party websites, or any information, products or materials found there, or any results that may be obtained from using them. You will need to make your own independent judgement regarding your interaction with any third-party websites. Your access of any third-party websites linked to our Site is entirely at your own risk. FASHIONGO has no responsibility for any damages or injuries arising from your visits to third-party websites.
What do I need to know about accounts and passwords?
What about my Privacy and Security?
Will the Terms of Use change?
These Terms of Use and any applicable Agreements may be changed or replaced by FASHIONGO at any time. It is your responsibility to check these Terms of Use and any applicable Agreements periodically for changes before accessing, using, selling or purchasing any products or services through our Site. The latest version of these Terms of Use will be effective immediately when posted on the Site or such later date as may be specified in the notice of updated Terms of Use and any applicable Agreements. It is within our sole discretion to change the Terms of Use without prior notice. Your continued use of the Site after a posted change in these Terms of Use will constitute your acceptance of and agreement to such changes. If you object to any such changes, your sole recourse is to cease using the Site.
What may happen if a product or service on the Site is listed incorrectly?
In the event a product or service is listed at an incorrect price or with incorrect information, FASHIONGO reserves the right, at its sole discretion, and without liability to you, to refuse or cancel any orders placed for that product(s) or service(s) whether or not they have been confirmed and whether or not your credit card has been charged or other payment has been accepted. If we charged your credit card or other account prior to our cancelation, we will issue a credit to your account in the amount of the charge. Agreements may apply
How about FASHIONGO’s Checkout Terms of Service?
The below FASHIONGO Checkout Terms of Service apply when you use the FASHIONGO Checkout service (powered by Stripe) for purchases of products or services on the Site.
The FASHIONGO Checkout service is technology that makes it easier for vendors on the Site (“Vendors”) to collect payment. FASHIONGO Checkout service also makes it easy for you to store a credit card or debit card (“Payment Credentials”) with FASHIONGO for use across the websites for Vendors who have chosen to enable it. When you check out on FASHIONGO, we will ask you if you would like us to remember you. When you allow us to remember you, FASHIONGO (powered by Stripe) will store certain identifying information, such as a password, your email address, or your mobile phone number (“Stripe Credentials”), and your Payment Credentials. The advantage of providing such information is that it will make your checkout quicker and easier if you come back to the same website, or to any of the other websites that use FASHIONGO Checkout service. This can be especially handy when you are on a mobile device or do not have your credit card in front of you.
FASHIONGO Checkout service is a way of storing your Payment Credentials, but it does not change anything about your relationship with the Vendors you are paying or your bank or credit card company. You are ultimately responsible for the purchases you make using FASHIONGO. Also, the Vendor is responsible for providing you with the products or services that you purchase using FASHIONGO Checkout service, not FASHIONGO. FASHIONGO will use all reasonable efforts to keep your Payment Credentials secure.
When using the FASHIONGO Checkout service, you are purchasing products or services from Vendors, and not FASHIONGO. Representations made to you regarding product or shipping cost or prices are the representations of Vendors, and not FASHIONGO. If you want to delete your Payment Credentials, stop storing information using FASHIONGO Checkout, or otherwise change your settings, you can go to “My Account” and update certain preferences.
You hereby acknowledge and agree that you shall not hold FASHIONGO liable for any Vendor activities on the Site, and that you do and will hold FASHIONGO harmless for any fees, costs, or expenses charged to or sought from you by a Vendor (or any other party), including, but not limited to, shipping costs, as a result of your use of the FASHIONGO Checkout service (“Costs”).
You acknowledge and agree that by using the FASHIONGO Checkout service, either FASHIONGO or Vendor will thereafter be determining and charging you a not-yet-known or an as-yet-to-be-finalized shipping fee, after checkout, in addition to the price of the order quoted at the time of checkout. You agree that you will hold FASHIONGO harmless with respect to the final shipping costs, resulting changes to your orders, and any and all associated Costs resulting from such determination.
You shall have no more than seven (7) days from your receipt of any order shipped or caused to be shipped by Vendors to you to reject such order based upon shipping costs or order variance, provided, however, all purchased items in any given order must be returned, with boxes unopened and with products in their original packaging, within seven (7) days from your receipt of the order. Furthermore, you shall be solely responsible for all return shipping costs.
Your purchase order amount may differ from the final invoice amount due to variances in the inventory conditions of ordered items and different shipping methods used by Vendors. If all items are in-stock, Vendors will add shipping charges to your ordered amount to calculate the final invoice amount and process the order without sending a separate notification. If some items in your order are out-of-stock, your purchase order will be split into multiple orders and processed separately. If some items in your order previously marked as “in-stock” are unable to be fulfilled by the Vendor, the status of those items may be changed to “backorders.” You will then be notified via message and email of such change in status. If you do not confirm the updated status within three (3) days, the order may be canceled. If you have chosen to use FASHIONGO’s consolidated merged shipping service, FASHIONGO will charge the shipping fee and process your order without additional notification, provided however that the total costs of shipping will not exceed fifty percent (50%) of the total amount of the order, exclusive of shipping.
How does consolidated shipping work?
You can find additional information about our consolidated shipping services here. In general, please allow 2-3 business days for Vendors to drop off items to FASHIONGO. If we anticipate a longer lead time, we will contact you via telephone or email. If you have any questions about your order, please contact us at consolidation@fashiongo.com or 213-745-2667. You should receive an email confirming your order shortly after order placement. If you do not see the email, please check your spam folder. The registered email will be used to send the tracking information. Currently consolidated shipping only ships within US, Canada, and Puerto Rico. We are in the works to expand to other countries to provide more affordable shipping cost options. Please note that daily weighted shipping rates may vary, and shipping costs generally depend on the destination, weight and size of the shipment.
What governs returns and refunds?
What are the conditions to redeem FG Coupons?
Vendor Rewards Program.
Availability.
Reservation of Rights.
All rights not expressly granted to you are reserved by FASHIONGO and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Site for any purpose is prohibited.
Submissions and Feedback.
When you submit any ideas, feedback, opinions, techniques, images, sounds, videos, or other content to us through or relating to the Service (“Submissions”), you grant us a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, transferable and cost-free right and license to host, store, use, display, reproduce, modify, adapt, edit, combine with other materials, publish, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, sublicense (including, without limitation, to third party media channels, platforms, and distributors), publicly perform, publicly display, and otherwise use and exploit in any manner whatsoever, or grant third parties the right to do any of the foregoing, all or any portion of your Submissions, for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. You further irrevocably grant us the right, but not the obligation, to use your name in connection with your Submissions. You also agree to waive any right of approval for our use of the rights granted herein and agree to waive any moral rights that you may have in any Submissions, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
Intellectual Property, Copyright, Trademark and Disclaimer Notices.
The content of our Site including, but not limited to, text, design, graphics, logos, trademarks, the compilation, assembly, and arrangement of the materials of the Site and any and all copyrightable material, files, images, photos, video, software, code, and other proprietary content and forms of intellectual property (collectively “Content”) are all property of FASHIONGO and its business partners and others that have granted FASHIONGO the right and license to use it, and is protected by all applicable law concerning copyright, trademark, and other proprietary rights to the fullest extent possible. All trademarks and trade names used on our Site are proprietary to FASHIONGO, its business partners, or others. The “FASHIONGO.net®” and “FASHIONGO.com®” marks are registered trademarks of NHN GLOBAL, INC.
The Content may not be used except as provided in these Terms of Use, and no portion of the Content may be reprinted, republished, or distributed in any form without the express written consent of FASHIONGO and/or its business partners.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section. Our receipt of your Submissions is not an admission of their novelty, priority, or originality, and it does not impair our right to existing or future intellectual property rights relating to your Submissions.
You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant us the rights granted in this Section. You alone, though, retain whatever legally cognizable right, title, and interest that you have in your Submission and remain responsible for them.
How do I report copyright infringement claims?
FASHIONGO respects the intellectual property of others and has taken steps to be compliant with the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). A Designated Agent (as shown below) has been registered with the U.S. Copyright Office to receive notifications of allegations of infringement. You acknowledge that submitting a claim of copyright infringement may have serious legal consequences and submitting intentionally misleading reports of infringement may be punishable under the DMCA.
As required under Title 17, Section 512 (c)(3)(A) of the DMCA, a claim of copyright infringement must be in writing, and contain all of the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
2. Identification and description of the copyrighted work(s) claimed to have been infringed upon;
3. Identification and description of the content on our Site that is claimed to be infringing;
4. Information sufficient to permit us to locate the content on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
5. Information reasonably sufficient to enable us to contact you, the complaining party (address, telephone number, and e-mail address);
6. A statement that you have a good faith belief that use of the infringing content is not authorized by the copyright owner, its agent, or the law;
7. A statement by you that the above information in your notice is accurate, and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Claims of copyright infringement, including all the above information must be submitted to: copyright@FASHIONGO.net. FASHIONGO is not required to respond to notices that do not meet the above requirements of Title 17, Section 512 (c)(3)(A) of the DMCA.
Upon our receipt of a valid claim, in which all required information is provided, FASHIONGO will undertake to have the disputed content removed from public view. We will also notify the subscriber who posted the allegedly infringing content of the removal, and may take any other measures required or allowed by applicable law.
How do I report that my material was removed in error in response to a copyright infringement claim?
If you participate in any FG Events sponsored events, programs, or services, you will be subject to the respective terms and conditions of the FG Events hosted events, programs, or services. It is your responsibility to understand and follow the applicable terms and conditions for your event, program, and/or services.
How do I report copyright infringement claims?
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If you feel that your material has been removed in error in response to a copyright notification, you may submit a counter notification to our designated agent with the following written information:
• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which FASHIONGO may be found, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
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We will respond to counter notifications in accordance with the DMCA.
How do I report other Intellectual Property infringement claims?
If you feel that you have a claim for an intellectual property rights infringement other than for copyright, you can send an email to copyright@FASHIONGO.net. When submitting your claim, please provide the following:
1. Identification and description of your right(s) claimed to have been infringed upon;
2. Identification and description of the content on our Site that is claimed to be infringing;
3. The nature of the infringement e.g., trademark, patent or other;
4. Information sufficient to permit us to locate the content on our Site, such as providing web addresses (URLs) leading directly to the allegedly infringing content;
5. Any other additional information you may deem relevant for us to best investigate your claim;
6. Your name and title, company name, email address, mailing address, and telephone number;
7. A statement that the content you are claiming to infringe on your intellectual property rights, is based on a good faith belief and that all other information you are providing in your claim is correct and accurate; and
8. A statement under penalty of perjury that you are, or are authorized to act on behalf of, the intellectual property owner.
Upon receipt of your notice of claim of infringement, we will provide you with a confirmation, a request for additional information or reports, if necessary, and promptly investigate your claim of infringement to promptly take the disputed content removed from public view.
Customer Support.
If you have any questions or comments, please send an e-mail to us here. You acknowledge that the provision of support is at FASHIONGO’s sole discretion and that we have no obligation to provide you with customer support of any kind. All legal notices to us must be mailed to: us00001396@nhnglobal.com. When you communicate with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Other Party Services.
Our Service contains content from and hyperlinks to websites, locations, platforms, and services operated and owned by other parties (“Other Party Services”). We may also integrate tracking technologies owned by other parties into our Service to host our content on Other Party Services. These Other Party Services are not owned, controlled, or operated by us, and you acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Other Party Services, or for the results to be obtained from using them. If you choose to access, transact with, or otherwise interact with any such Other Party Services, you do so at your own risk. For more information on Other Party Services, see our Privacy Policy.
Site Features.
A. Wireless Device Features.
The Site may offer features that are available to you via your wireless Device including the ability to access the Site’s features and upload content to the Site. By using the Site, you agree that FASHIONGO may collect information as described in our Privacy Policy, which includes information related to your use of the Site via your wireless Device, and that FASHIONGO may change, alter, or modify the settings or configurations on your Device in order to allow for or optimize your use of the Site. Data rates and other carrier fees may apply.
B. Location-Based Features.
If you have location-based features on your wireless Device, you acknowledge that your Device location will be tracked and shared consistent with the Privacy Policy. You can terminate location tracking by us by adjusting the permissions in your Device or uninstalling our app. Location-based features are used at your own risk and location data may not be accurate.
C. Communications.
(i) E-mails: You can opt-out of receiving certain promotional e-mails from us at any time by following the instructions as provided in e-mails to click on the unsubscribe link. Your opt-out will not affect non-promotional e-mails, such as those about your account, transactions, servicing, or FASHIONGO’s ongoing business relations.
(ii) Push Notifications: You can opt-out of receiving push notifications from us at any time by adjusting the permissions in your Device or uninstalling our app.
Please note that any opt-out by you is limited to the e-mail address, device, or phone number used and will not affect subsequent subscriptions.
What are important disclaimers and limitation of liability I need to know?
Our Site and services are provided on an “as is” and “as available” basis. You understand that FASHIONGO does not guarantee that anything on our Site will be free of infection or viruses that might damage or interfere with your computer, data or personal information. By agreeing to use the Site, you are assuming total responsibility and risk.
Neither FASHIONGO nor any of its officers, directors, shareholders, successors, , managers, employees, agents, or permitted assigns (collectively, the “FASHIONGO Parties”) make any express or implied, statutory or otherwise, or arising from course of dealing, course of performance or usage of trade, including warranties, representations or endorsements whatsoever (including but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose, quiet enjoyment and freedom from computer virus) with regard to our Site, the Content, or any services provided through our Site. By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.
Except where prohibited by law, in no event will the FASHIONGO Parties be liable to you for any loss, damage or injury of any kind including any direct, indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits even if we have been notified of the possibility of such damages. FASHIONGO assumes no risk or responsibility for your use of, or inability to use, the Site, the Content, and any other materials contained therein. If you are dissatisfied with the Site the Content, or with these Terms of Use, your only remedy is to cease using the Site. This disclaimer of liability also applies to any damages or injury caused by FASHIONGO’s failure of performance, error, omission, interruption, deletion, defect, delay in operations or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or any other cause of action.
If, notwithstanding the other provisions of these Terms of Use, FASHIONGO is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or Content, FASHIONGO’s liability shall in no event exceed the greater of (1) the total of any fees for any service or product paid or collected in the six months prior to the date of the initial claim made against FASHIONGO or (2) US $100.00.
Notwithstanding the foregoing, these disclaimers do not exclude any product liability claims, statutory consumer rights, damages associated with personal injury or resulting from FASHIONGO intentional misconduct, recklessness, fraud, or gross negligence.
Indemnification.
You agree to defend, indemnify and hold harmless, FASHIONGO Parties from and against all demands, loss, liability, claims, costs, suits, and damages, including attorneys’ fees made against the FASHIONGO Parties by any third-party due to or arising out of or in connection with (i) your breach of these Terms of Use, and applicable Agreements, or the Agreements (as defined below); (ii) your use of the Site and any of the services provided by FASHIONGO, or your activities on or through FASHIONGO.net or FASHIONGO.com Vendor account(s); (iii) any innocent, negligent, willful, dishonest, fraudulent or reckless acts or omissions of yours; (iv) any of your infringement or violation of third-party rights, including intellectual property or proprietary rights, publicity, or confidentiality, including but not limited to, where associated with any products you sell or any content you provide or upload to our Site; (v) any breach of privacy by you or your customers or users; (vi) your violation of any local, state, or federal laws, including but not limited to complying with appropriate resale certificate requirements of your jurisdiction(s); (vii) your use of Other Party Services; (viii) any misrepresentation made by you; or (ix) the misuse of your password or account numbers. You agree that the remedies set forth in this subsection are in addition to any rights and remedies FASHIONGO may have, all of which rights and remedies are expressly reserved. FASHIONGO reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with FASHIONGO’s defense of any claim. You will not in any event settle any claim without the prior written consent of FASHIONGO’s.
This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site.
Waiver of Injunctive or other Equitable Relief.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BE PERMITTED TO OBTAIN AN INJUNCTION OR OTHER EQUITABLE RELIEF OF ANY KIND, SUCH AS ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, SUBMISSIONS, PRODUCT, SERVICES, SITE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY FASHIONGO OR A LICENSOR OF FASHIONGO.
Governing Law/Forum Selection.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, and except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the FASHIONGO services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in Los Angeles, California.
Agreement to Arbitrate Disputes and Choice of Law.
In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, and except as otherwise provided herein, you agree that all matters relating to your access to or use of the Site, the FASHIONGO services, and the Agreements, including all disputes, will be governed by and construed in accordance with the laws of the United States and the State of California without regard to its conflict of law provisions. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in Los Angeles, California.
A. We Both Agree to Arbitrate.
You and FASHIONGO shall endeavor to resolve through good faith negotiations any dispute arising under or relating to these Terms of Use before proceeding to binding arbitration. If a dispute cannot be resolved through such negotiations within a reasonable time, either party may request for claims to be resolved by final and binding arbitration to be conducted in Los Angeles, California, regardless of its conflict of laws provisions, by the American Arbitration Association (“AAA”), under applicable AAA rules then-in-effect, except to the extent you have in any manner violated or threatened to violate FASHIONGO’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances FASHIONGO may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described herein.
B. Process of Arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except as provided in this section. To begin an arbitration proceeding, either party must send the other party written notice requesting arbitration and describing such party’s claims. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and, in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
C. Authority of Arbitrator.
The arbitrator will decide the rights and liabilities, if any, of you and FASHIONGO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms of Use. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and FASHIONGO.
D. No Class Actions.
Any and all proceedings to resolve claims will be conducted only on an individual basis and not in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use. An arbitration decision may be confirmed by any court with competent jurisdiction.
E. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and FASHIONGO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FASHIONGO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
Other Terms and Conditions.
Other terms, along with these Terms of Use on the Site, including but not limited to the Privacy Policy, Buyer Services Agreement (if applicable), Rewards Policies (the “Agreements”) also govern your use of the Site and your relationship with FASHIONGO, and they are herein incorporated by this reference, as applicable. To the extent there is a conflict between these Terms of Use and any applicable Agreements, the applicable Agreement(s) will control unless they expressly state otherwise.
Notice.
Except as set forth in the Intellectual Property section above, any notice hereunder must be in writing to the address set forth above in the “Customer Support” section and will be deemed given: (i) upon receipt if by personal delivery; (ii) upon receipt if sent by certified or registered U.S. Mail (return receipt requested); or (iii) one (1) day after it is sent if by next day delivery by a major commercial delivery service, with a copy via electronic mail.
Social Network: Facebook, Twitter, and YouTube.
The FASHIONGO.net® Facebook, Twitter and YouTube pages are run and maintained by individuals from FASHIONGO.net®. The views, opinions, depicted results and experiences expressed in user-submitted comments are solely those of the author and do not necessarily reflect those of FASHIONGO.net®.
Electronic Signature.
The parties acknowledge and agree that the use of any electronic signature on this Site or on any Agreements, shall be considered as an original for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include faxed versions of an original signature or electronically scanned and transmitted versions (e.g., pdf, etc.) of an original signature.
General Provisions.
A. Consent or Approval.
No FASHIONGO consent or approval may be deemed to have been granted by FASHIONGO without being in writing and signed by an officer of FASHIONGO.
B. Survival.
The provisions of these Terms of Use and any applicable Agreements, which by their nature should survive termination of your use of the Site, including sections on site use (except for the limited license), submissions, copyright infringement, products, customer support, other party services, sites features, arbitration, disclaimer of representations and warranties, limitations of our liability, indemnification, waiver of injunctive or other equitable relief, updates to Terms of Use, and these general provisions, will survive.
C. Severability; Interpretation; Assignment.
If any provision of these Terms of Use, or any applicable Agreement, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms of Use or any applicable Agreement, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use or any applicable Agreement. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms of Use. FASHIONGO may assign its rights and obligations under these Terms of Use and any applicable Agreements, in whole or in part, to any party at any time without any notice. These Terms of Use and any applicable Agreements may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of FASHIONGO.
D. Complete Agreement; No Waiver.
These Terms of Use, and any applicable Agreements, reflect our complete agreement regarding the Site and supersede any prior agreements, representations, warranties, assurances or discussion related to the Site. Except as expressly set forth in these Terms of Use or any applicable Agreements, (i) no failure or delay by you or FASHIONGO in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms of Use or any applicable Agreements will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
E. International Issues.
FASHIONGO controls and operates the Site from the U.S., and FASHIONGO makes no representation that the Site is appropriate or available for use beyond the U.S. You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Use or to any sale of goods carried out as a result of your use of the Site. Software related to or made available by the Site may be subject to export controls of the U.S., and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
E. Waiver of Jury Trial.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and FASHIONGO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND FASHIONGO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
F. Investigations; Cooperation with Law Enforcement.
FASHIONGO reserves the right to investigate and prosecute any suspected breaches of these Terms of Use or the Site. FASHIONGO may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
G. California Consumer Rights and Notices.
Residents of California are entitled to the following specific consumer rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
H. Terms Applicable for Apple iOS.
If you are using the Site through an Apple Device, the following terms apply:
(i) To the extent that you are accessing the Site through an Apple Device, you acknowledge that these Terms of Use are entered into between you and FASHIONGO and, that Apple, Inc. (“Apple”) is not a party to these Terms of Use other than as third-party beneficiary as contemplated below.
(ii) The license granted to you in these Terms of Use is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS operating systems, and is subject to the permitted Usage Rules set forth in the App Store Terms of Site (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Site.
(iii) You acknowledge that FASHIONGO, and not Apple, is responsible for providing the Site and Content thereof.
(iv) You acknowledge that FASHIONGO is responsible for providing maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Site.
(v) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify Apple, and Apple, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent not prohibited by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application.
(vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms of Use, you acknowledge that, solely as between Apple and FASHIONGO, FASHIONGO, and not Apple is responsible for addressing any claims you may have relating to the Site, or your possession and/or use thereof, including, but not limited, to: (a) product liability claims; (b) any claim that the Site fails to confirm to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
(vii) Further, you agree that if the Site, or your possession and use of the Site, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(viii) You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
(ix) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
(x) When using the Site, you agree to comply with any and all third party terms that are applicable to any platform, website, technology or service that interacts with the Site.
(xi) If you have any questions, complaints, or claims with respect to the Site you can contact us at 2250 Maple Avenue, Los Angeles, CA 90011.
