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DressedGPS uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at: https://www.braintreepayments.com/agreements/merchant . By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that DressedGPS is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank and the three parties to the MSA and that DressedGPS has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
Renters Agreement Text:
When renting this outfit, I agree that I will take care of the owner’s outfit and do everything in my power to minimize damage, stains, or general harm to the outfit in any way. If I fail to return the outfit in the condition in which it was initially received, I understand that I am potentially financially liable for cleaning or repair. I agree to pick up the outfit from the owner at the start of the Rental Period (“Start Date”) and to return the outfit to the owner at the end of the Rental Period (“End Date”) or be charged a possible fee. The owner may shorten or extend the Rental Period by mutual consent. If I do not return the outfit within the deadline assigned by the renter, I may be charged an additional $10 per day. After 3 days, the renter will be charged another rental price of the item in addition to the $30 they’ve already paid in late fees. The renter will continue to be charged the rental price of the item each week until the item is returned. I also agree that if the outfit is damaged or stained beyond repair, I may be charged by DressedGPS for the appropriate cost to get it fixed up to the full "retail value" as set by the owner. If I do not return the outfit, I may be charged by DressedGPS for the retail value of the outfit and could lose my account to DressedGPS without the right to use the service any further.
Before renting out the outfit, both parties agree to conduct a full visual inspection, taking pictures of the status of the outfit before the outfit is rented out. The renter or owner must message those images to the opposite party via text or email with description of any pre-existing damage. It is important both parties have these pictures in their possession so that in the event where a claim is made, there is evidence of the outfit before and after it was rented.
If the Owner specifies that they want the outfit cleaned before it is returned, the outfit renter is responsible for doing so at the owner's preference. However, common decency is expected so please treat the outfit how you would want your outfit to be treated. You are fully responsible for: (i) damage resulting from “misuse” or negligence; and (ii) damage to the outfit’s functional elements, including, but not limited to, straps, zippers, flaps, etc.
In the event of structural damage to the outfit, the Owner must place a claim to the DressedGPS team via the website. This claim must show evidence of new damage through before and after pictures as well as a description of the damage. If the DressedGPS team approves the claim, the owner will be able to get their outfit fixed and will be approved to spend a set amount of dollars determined by DressedGPS up to the full retail price of the outfit for the repair of the outfit. The owner must then send DressedGPS a picture of the receipt, which must include all information (i.e. item, date, total cost, etc.) We will then compensate the owner. This process may take up to 30 days. If the outfit is damaged or stained beyond reasonable repair, the renter will be billed up to the full retail price as seen on the outfit's profile. These charge are at DressedGPS's discretion as well as any other charges to the outfit owner and renter.
Terms of Service
The following Terms of Service (“Terms”) between you (“you” or “your”) and DressedGPS LLC,. (“we,” “our,” “us,” or “DressedGPS”) describes the terms and conditions on which you may access and use the DressedGPS website located at DressedGPS.com (the “Site”) and related services including DressedGPS’s product rental and sale services (together with the Site and the DressedGPS Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
About the Services
Use of Services
Disclaimer of Warranty, Limitation of Liabilities
Dispute Resolution, Arbitration and Class Action Waiver
1. ABOUT THE SERVICES
Through the DressedGPS Services, we aim to give you access to beautiful clothing and other content as well as the ability for you to make a profit off of your own clothing.
B. Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent, sell or purchase any clothing or accessories (“Products”) through the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are responsible for his or her use of the Services and the rental, sale or purchase of any Products, including all legal liability he or she may incur.
D. Modification of the Services or the Terms
DressedGPS may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, DressedGPS will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email you provided to DressedGPS upon registration.
2. RENTAL AND SALE OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting, selling or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental, sale or purchase of Products, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals or sales of Products.
COLLECTIONS. If you do not pay the amounts you owe to DressedGPS and its subcontractors (those selling clothing) when due, then DressedGPS will need to institute collection procedures which include substantial late fees, such as a $10 per late fee for every day the item rent if past the return date, for 3 days. The renter will continue to be charged the rental price of the item each week until the item is returned, in addition to the $30 of late fees You agree to pay DressedGPS’s costs of collection, including without limitation reasonable attorneys' fees.
The following additional conditions apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee and any possible insurance charges that may occur in the future listed on the Site for your rental of the Product. When you click ‘Rent’ for a Product, you hereby authorize DressedGPS to charge your payment card for the Rental Fee. DressedGPS will charge your payment card the amount of the Rental Fee immediately upon your rental order. In addition, at the time of your rental order for a Product, you hereby authorize DressedGPS to charge your payment card for an amount up to 110% of the original retail value of the Product (when new) set forth on the Site decided by the seller (“Retail Value”) plus applicable sales taxes; provided that DressedGPS will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by DressedGPS, shall be paid by you to DressedGPS in connection with your rental order.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product also decided upon by the seller.
LATE FEES. If you return the Products late or not at all, a late fee of ten dollars ($10.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to DressedGPS for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 110% of the Retail Value plus applicable sales tax (plus the Rental Fee). If you do not return the outfit within the deadline assigned by the renter, you may be charged an additional $10 per day. After 3 days, the renter will be charged another rental price of the item in addition to the $30 they’ve already paid in late fees. The renter will continue to be charged the rental price of the item each week until the item is returned. You also agree that if the outfit is damaged or stained beyond repair, I may be charged by DressedGPS for the appropriate cost to get it fixed up to the full "retail value" as set by the owner. The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late.
The following additional conditions apply to the sale of any Product by a seller.
PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by the seller on the Site as available for purchase are eligible for purchase by you. THE PRODUCTS FOR SALE COULD HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE MOST LIKELY NOT NEW. All Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee listed on the Site or App in connection with your purchase of the Products. Purchase Price is as listed on the DressedGPS website at the time of purchase, and is subject to change. DressedGPS sellers reserves the right to alter Purchase Price and availability of any particular item at their discretion and without notice. Upon your purchase order for a Product, you hereby authorize DressedGPS to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by DressedGPS, shall be paid by you to DressedGPS in connection with your purchase order. Purchase orders are final and cannot be cancelled.
4. Use of the Services
A. DressedGPS Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos and comments from other users (“DRESSEDGPS Content”) is available to you on an “as is” basis and is to be used for general information purposes only.
C. Acceptable Use Policy
USE OF DressedGPS CONTENT. No part of the Services, including the DressedGPS Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that DressedGPS authorizes you to view, copy, download, and print DressedGPS Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the DressedGPS Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the DressedGPS Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the DressedGPS Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which DressedGPS considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a DressedGPS representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend DressedGPS and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to DressedGPS or the Services, or otherwise submit to or through DressedGPS as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to DressedGPS a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize DressedGPS to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify DressedGPS promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the DressedGPS Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
G. Job Postings
DressedGPS may list employment positions on or through its Services. These postings are for informational purposes only and are subject to change or get removed without any notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
5. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the DressedGPS Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of DressedGPS and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, “DressedGPS” and the DressedGPS logo are registered trademarks of DressedGPS LLC, under the applicable laws of the United States and/or other countries. Other DressedGPS product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of DressedGPS and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. DressedGPS and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any DressedGPS Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of DressedGPS or such third party that may own such DressedGPS Content.
B. Services License
Subject to your compliance with these Terms, DressedGPS grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that DressedGPS may use your Feedback without restriction or obligation to you or any third party.
E. Notice and Take Down Procedures; Copyright Agent
If you believe any DressedGPS Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting DressedGPS copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, adress, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please go into your settings and remove your account or contact us at Contact@DressedGPS.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By DressedGPS
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. DressedGPS may also terminate your account if DressedGPS determines that your conduct poses a risk or liability to DressedGPS, or for any other reason as determined by DressedGPS in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provision.
7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by DressedGPS in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and DressedGPS 's sole and exclusive liability for a breach by DressedGPS of the limited warranties set out in Section 2(B) shall be, at DressedGPS 's option, DressedGPS use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, DressedGPS DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE DressedGPS CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DressedGPS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF DressedGPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and DressedGPS agree that in the event of any dispute between us, you and DressedGPS will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and DressedGPS will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of DressedGPS or you, shall be resolved by mandatory and binding arbitration in accordance with its Commercial Arbitration Rules at the request of either DressedGPS you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission.
(b) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(c) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. Each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with DressedGPS remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under procedures.
(d) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and DressedGPS shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
JURISDICTIONAL ISSUES. DressedGPS makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that DressedGPS intends to announce or make available such products or services to the general public, or in your country. Contact DressedGPS at Contact@DressedGPS.com to determine which products and services may be available to you.
EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the DressedGPS Content, or any part thereof, in any way, in violation of United States law.
GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in New York County, New York, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non convenience.
ENTIRE AGREEMENT. These Terms are the entire agreement between you and DressedGPS relating to the subject matter herein and shall not be modified except by DressedGPS in accordance with these Terms, or as otherwise agreed in writing by you and DressedGPS. No employee, agent or other representative of DressedGPS has any authority to bind DressedGPS with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. DressedGPS may assign these Terms at any time without notice to you.
DressedGPS will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond DressedGPS’s reasonable control.
CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to DressedGPS at Contact@DressedGPS.com or DressedGPS.com LLC, Attn: Legal, 6 Green Ridge Drive, Manalapan, NJ 07726.