This Stylesöm Fashion Exchange Agreement is a legally binding agreement exclusively between you (“user”) and other Stylesöm users (collectively, “users”, “trading party”).
Stylesöm and Stylesom Designs LLC (“Stylesöm”, “we”, “our”) remains an independent third party that is not responsible for the execution, completion and success of apparel exchanges (“Exchanges”) made within the Fashion Exchange.
Please read this Agreement fully and carefully before engaging in any Exchanges within the Fashion Exchange through our websites and app (collectively, the “Sites”).
YOUR USE OF THE FASHION EXCHANGE AND THESE SITES IS SOLELY AT YOUR OWN RISK.
BY ENTERING INTO THIS AGREEMENT, YOU AND STYLESÖM ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. THIS AGREEMENT MY BE UPDATED FROM TIME TO TIME. USE OF THE FASHION EXCHANGE AND THE SITES IS PERMITTED ONLY UNDER THE PROVISIONS OF THIS AGREEMENT.
1. Acceptance of Agreement.
Stylesöm and Stylesom Designs LLC only provides a service where Stylesöm users can find and trade used apparel in the Fashion Exchange. Stylesöm remains an independent third party to these Exchanges and will not mediate or arbitrate Exchanges or any disputes that arises therein.
Fashion Exchanges are made solely between Stylesöm users, and any dispute or harm that may result from Exchanges will be solely the responsibility of the trading parties. All Exchanges are final and non-refundable and Stylesöm will not be responsible for any failed, incomplete, fraudulent, erroneous or otherwise problematic Exchanges between users.
Participation in the Fashion Exchange is a privilege and Stylesöm is not obligated to provide this service to all users. Fashion Exchange users are obligated to complete a Fashion Exchange made with a trading party by mailing the apparel items agreed upon within 30 days of finalization of an Exchange. Users must submit an Exchange rating of the other trading party that records successful or failed receival of Exchange items and any optional comments on the Exchange.
A user’s Exchange history including the apparel items involved in the trade, completion status and rating comments will be made public and available to all other users. Failure to successfully complete an Exchange will be permanently recorded in the user’s Exchange record. Failure to successfully complete a total of 3 Fashion Exchanges will result in irrevocable and immediate termination of a user’s privilege and ability to participate in the Fashion Exchange. A user will not have the ability to appeal or reverse this termination of Fashion Exchange privileges.
3. No Refund Policy.
All Fashion Exchanges are final and non-refundable including but not limited to the payment of the Exchange fee and any shipping charges by the user.
4. Technology Partners.
Stripe operates independently of Stylesöm and Stylesom Designs LLC, and we do not collect or save the credit card information or billing records of users participating in the Fashion Exchange. Any erroneous credit card charges and disputes must be appealed with Stripe.
The user can purchase shipping independently, or through the Fashion Exchange via the 3rd party Ship Engine API network (“Ship Engine”). Ship Engine provides the user options for shipping apparel to other trading parties including shipping through the U.S. Postal Service (“USPS”). Upon finalization of an Exchange, the user will be emailed the shipping label that was purchased by the user in the Fashion Exchange using the Ship Engine API.
5. Rules of Conduct.
As a condition of use of the Fashion Exchange and Sites, you agree that you will not use the Sites for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Sites.
All users of the Fashion Exchange must participate in good faith by posting apparel owned by the user and intended for permanent exchange.
All representations of a user’s Exchange apparel including images and the condition of items must be accurate and appropriate.
Any untruthful, misleading and improper apparel offerings can be reported to the Site administrator, resulting in immediate termination and loss of privileges to participate in the Fashion Exchange.
A user must engage in Fashion Exchanges in good faith and must complete Exchanges by mailing apparel agreed to be exchanged to the other trading party within 30 days of Exchange finalization.
Users must willingly disclose a mailing address to receive Exchange apparel. Upon Exchange finalization, the user will receive the mailing address of the other trading party and is obligated to use this mailing address for the purpose of the Fashion Exchange only. The extraneous use, sharing, or abuse of this mailing information is strictly prohibited and will result in immediate termination of privileges to participate in the Fashion Exchange.
Unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, vulgar, invasion of privacy or otherwise inappropriate conduct will be determined by us in our sole discretion and will result in termination of Fashion Exchange privileges.
The Fashion Exchange and Sites are not intended to be used by persons under 18 years of age. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Sites or Fashion Exchange or engage in any apparel Exchanges.
7. International Use.
The Fashion Exchange and Sites are not intended to be used by persons outside of the United States of America.
We may terminate your access to all or any parts of the Fashion Exchange and Sites at any time, with or without cause, with or without notice, effective immediately, which may result in the cancellation and failure of apparel exchanges made by the user.
In case of operational or regulatory closure, bankruptcy, or termination of our operations, Stylesöm and Stylesom Designs LLC will not be responsible or held liable for the completion or success of any pending or outstanding Fashion Exchanges between users.
9. Limitation of Liability.
Fashion Exchange users will need to reveal their mailing address to other trading parties in order to receive Exchange apparel. Stylesöm and Stylesom Designs LLC highly recommends the user utilizes an anonymous mailing address and to not use a personal home address. Any harm, injury, harassment, or death resulting from a user’s disclosure of mailing address or geographic locale will be the sole responsibility of the user and Stylesöm will not be held liable or responsible for such events.
EXCEPT AS EXPRESSLY SET FORTH HEREIN AND IN ANY APPLICABLE ADDITIONAL TERMS, TO THE EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY OR ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, THE STYLESÖM INDEMNITEES SHALL NOT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOST BUSINESS OPPORTUNITY, DATA BREACH, LOST DATA OR LOST PROFITS, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, EVEN IF SUCH STYLESÖM INDEMNITEE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO THE FOREGOING, THE STYLESÖM INDEMNITEES’ TOTAL AGGREGATE LIABILITY TO YOU FOR DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE SITES, THE CONTENT OR ANY OTHER MATERIALS PROVIDED TO YOU HEREUNDER, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY (UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) SHALL NOT EXCEED THE AGGREGATE OF THE GREATER OF (1) TEN DOLLARS ($10.00) AND (2) THE AMOUNT YOU ACTUALLY PAID TO STYLESÖM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT (OR OMISSION) GIVING RISE TO LIABILITY.
THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOU SHALL REMAIN FULLY LIABLE TO US, WITHOUT EXCEPTION, FOR ANY BREACH, DEFAULT OR VIOLATION OF THIS AGREEMENT, AND YOUR USE OF THE SERVICES. YOU SHALL REMAIN FULLY LIABLE TO US WITHOUT EXCEPTION FOR ANY AND ALL LOSSES (DEFINED IN SECTION 13) INCURRED BY US IN CONNECTION WITH YOUR USE OF THE SITES.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, YOU MUST FILE ANY CLAIM, CAUSE OF ACTION OR OTHER DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SITES WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR ELSE ANY SUCH CLAIM, CAUSE OF ACTION OR OTHER DISPUTE WILL BE DEEMED TO HAVE BEEN IRREVOCABLY WAIVED.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You shall defend, indemnify, and hold harmless Stylesöm, including its parents, subsidiaries and affiliates (and the successors and assigns of each of the foregoing), and each of their respective owners, directors, officers, employees, contractors, agents, suppliers and representatives (and the successors and assigns of each of the foregoing; the foregoing together as the “Stylesöm Indemnitees”) from and against any and all losses, claims, demands, causes of action or proceedings and any and all obligations, liability, damages, or expenses (including all costs, expenses, and attorney’s fees; together as “Losses”) that arise from or relate to: your relationship with, use of or reliance on any Content; your use or misuse of, or access to, the Sites, Content, or otherwise from your User Content; your violation of this Agreement; and/or infringement by you (or anyone acting on your behalf) of Third Party Rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will assist and cooperate with us in asserting any available defenses.
11. GOVERNING LAW; FORUM; CLASS ACTION WAIVER.
This Agreement shall be governed by and construed in accordance with the Federal Arbitration Act, applicable federal law and the internal laws of the State of California, without reference to its conflicts of law rules.
For any dispute not subject to binding arbitration hereunder, you hereby irrevocably and unconditionally consent to submit to the jurisdiction of the State or Federal Courts located in Orange County in California, for all disputes, including any litigation (each a “Dispute”), arising out of or relating to this Agreement, including your use of the Sites. Further, you covenant not to commence any litigation relating thereto except in such courts and irrevocably waive any objection to such jurisdiction and venue, including any objection of forum non conveniens. Each party shall be responsible for their own expenses, costs, and attorney’s fees for any dispute arising out of or in connection to this Agreement.
YOU HEREBY KNOWINGLY AGREE THAT ANY PROCEEDING, IN COURT OR BEFORE ANY OTHER COMPETENT TRIBUNAL, INCLUDING AT ARBITRATION IF APPLICABLE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. YOU HEREBY ACKNOWLEDGE THAT YOU ARE WAIVING YOUR ABILITY TO JOIN A CLASS ACTION AGAINST STYLESÖM IN CONNECTION WITH THE ANY CLAIM ARISING FROM OR RELATED TO SITES.
12. BINDING ARBITRATION.
Any dispute or claim relating in any way to your use of any Sites, or to any products or services sold or distributed by Stylesöm or through the Sites will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
AAA will conduct any arbitration under its Commercial Arbitration Rules (or if the value of the dispute is $75,000 or less whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, mail us at the contact information below. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead; provided that upon the request of either party, such hearings may be held by videoconference or other reasonably agreed upon remote means. Any in-person hearing will take place in Orange County, California, in the United States. The arbitrator may award the same damages to you individually as a court may. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Under AAA Rules, the arbitrator rules on its own jurisdiction, including the arbitrability of any claim. However, a court has exclusive authority to enforce the prohibition on arbitration on a class-wide basis or in a representative capacity. As set forth in Section 15, all arbitrations will be on an individual basis only.
Contact Address for Arbitration Notices:
STYLESOM DESIGNS LLC
c/o Registered Agents Inc.
1401 21st Street
Sacramento, CA 95811
13. WAIVER OF JURY TRIAL; RELEASE.
YOU AND STYLESÖM HEREBY WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY ACTION, SUIT, OR PROCEEDING BROUGHT TO RESOLVE ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED HEREBY.
To the maximum extent permitted by applicable law, you hereby release Stylesöm from any and all claims, demands, losses, damages, rights, and actions of any kind including arising from or related to personal injury, death or property damage, that are directly or indirectly related to or arise from: (i) the actions and omissions of other users of the Sites, including your interactions with such other users; and (ii) the actions and omissions of Third Party Sites, including your interactions with such Third Party Sites.
We reserve the right, in our sole discretion, to modify or replace any provisions of this Agreement, or change, suspend, or discontinue the Sites (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you notice by e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Sites without notice or liability. While we will provide timely notice of modifications, it is also your responsibility to review this Agreement periodically for changes. Your continued use of the Sites following notification of any changes to this Agreement constitutes acceptance of those changes.
NOTWITHSTANDING ANY PROVISION IN THIS AGREEMENT TO THE CONTRARY, IF STYLESÖM MODIFIES ANY DURABLE PROVISION, ANY MODIFICATION WILL NOT APPLY TO ANY INDIVIDUAL DISPUTE THAT HAS ACCRUED PRIOR TO THE DATE OF SUCH MODIFICATION.
Contact: You may contact us at: email@example.com
These Terms of Service are effective as of February 1st, 2022.