Terms And Conditions
SECTION 1. DRESSIN WEBSITE TERMS OF USE
Effective Date: September 11, 2023
Welcome to Dressin! Please carefully review this Agreement before using our website. These Terms of Use form a legally binding contract that governs your access to and usage of our website. They also outline Dressin’s liability limitations, dispute resolution jurisdiction, and other important provisions.
By accessing or using the Dressin website (“Site”), you affirm that you have read, understood, and agreed to abide by the latest version of these Terms of Use. If you do not agree with these Terms, please refrain from accessing or using our Site.
Please be aware that we reserve the right to update these Terms without prior notice. Your continued use of the Site following any changes indicates your acceptance of the revised Terms.
ARBITRATION NOTICE: Unless you opt out of certain specified disputes outlined in the Arbitration Agreement section, you agree that all disputes between you and Dressin will be resolved through binding individual arbitration. You waive your right to participate in class action lawsuits or class-wide arbitration.
SECTION 2. ACCESS AND USE
You can access and use our Site for personal, non-commercial purposes as long as you adhere to these Terms. All rights to our Site and Intellectual Property (defined below) that are not explicitly granted in these Terms are reserved. We retain the right to suspend or terminate your access to our Site at any time, with or without cause.
Use of Services
Contingent upon your adherence to the stipulations and provisions delineated in these Terms, you are hereby granted the privilege to avail yourself of our Site exclusively for personal, non-commercial purposes. We explicitly retain all rights, unreservedly, that are not explicitly conferred upon you by these Terms in regard to our Site and our Intellectual Property, as defined hereinafter. We maintain the prerogative to suspend or terminate your access to our Site, without the obligation to provide a justification, at any juncture.
Usage Restrictions
You shall refrain from, and you shall neither assist others in, authorize them to, nor facilitate them engaging in, the following activities:
1.Employing our Site for any objective other than the explicit provisions outlined within the Access and Use section;
2.Disassembling, reverse engineering, decoding, or decompiling any portion of our Site;
3.Employing any form of automation, such as robots, spiders, scrapers, data mining tools, data aggregation or extraction tools, or any other mechanized method, to gain access to, amass data from, duplicate, or document the Site;
4.Replicating, leasing, transferring, vending, assigning, sublicensing, modifying, amending, or crafting derivative works based on any fragment of our Site or any facet of our Intellectual Property;
5.Omitting copyright notifications or proprietary emblems from our Site;
6.Using our Site in a manner that impairs (i) the reliability of our servers; (ii) the operation or efficiency of our Site or any other User’s employment of our Site; or (iii) the function of other applications reliant upon our Site;
7.Employing our Site in a manner or for an intention that infringes upon any applicable law, regulation, legal prerequisite or responsibility, contractual obligation, or the rights of any individual (including, but not limited to, intellectual property rights, rights of privacy, and/or rights of personality), or which might otherwise be injurious (at our sole discretion) to us, our providers, our suppliers, or our Users;
8.Employing our Site in competition with us, in the process of fabricating competing products or services, or otherwise to our detriment or commercial disadvantage;
9.Using our Site for benchmarking or competitive scrutiny of our Site;
10.Endeavoring to meddle with, compromise the integrity or security of, or decipher any transmissions to or from the servers supporting our Site;
11.Transmitting viruses, worms, or other software agents via our Site;
12.Impersonating another person, misrepresenting your association with an individual or entity, concealing or attempting to conceal your identity, or otherwise exploiting our Site for intrusive or fraudulent motives;
13.Sharing passwords or authentication credentials for our Site;
14.Bypassing the mechanisms we might employ to forestall or confine access to our Site or enforce constraints on the utilization of our Site or the content therein, inclusive of, but not limited to, functionalities that deter or restrict the utilization or replication of any content;
15.Associating us with, or showcasing any fragment of our Site on, any platform or service that denigrates us, our products, or our services or infringes upon any of our intellectual property or other entitlements; and/or
16.Designating or referring to us or our Site in a manner that could reasonably insinuate an endorsement, affiliation, or sponsorship between you or a third party and us, other than your authorized utilization of our Site under these Terms, without our explicit written assent.
SECTION 3. ACCOUNTS, PASSWORDS AND SECURITY
Your registration on our Site, hereinafter referred to as your User Account, affords you access to the services and functionalities that we may, at our sole discretion, institute and sustain intermittently. Distinct types of User Accounts may be upheld to accommodate varying categories of Users.
Under no circumstances shall you employ another User’s User Account without their explicit consent. When establishing your User Account, you are obligated to furnish precise and exhaustive profile details, and it is incumbent upon you to maintain the currency of this information. The activity transpiring within your User Account is your sole responsibility, as is the confidentiality of your User Account password. We recommend the use of “strong” passwords, characterized by a blend of uppercase and lowercase letters, numerals, and symbols, for your User Account. Any compromise of security or unauthorized use of your User Account must be promptly reported to us. We disclaim any liability for losses stemming from any unsanctioned utilization of your User Account.
You have the ability to manage specific facets of your User profile and your interaction with our Site through adjustments made within your User Account settings. By furnishing us with your email address, you grant consent to the utilization of said email address for the transmission of service-related notifications, including any mandatory notifications as stipulated by applicable laws, in lieu of postal mail correspondence. Additionally, your email address may be employed to dispatch promotional communications, such as notifications concerning alterations to our Site’s features and exclusive offers. If you wish to abstain from receiving such email communications, you retain the option to opt out or modify your preferences. This can be achieved by reaching out to Dressin’s support team or by clicking the unsubscribe link found in each promotional message. It is worth noting that opting out may impede the receipt of email messages pertaining to updates, enhancements, or promotional offerings; nevertheless, it will not obstruct the delivery of service-related notifications.
You acknowledge that the User Account utilized for accessing our Site is not owned by you. Irrespective of any provisions to the contrary within these Terms, you consent to our unrestricted authority to manage, oversee, regulate, modify, and/or remove any data stored by us or on our behalf on our servers (including those operated by our third-party hosting providers) at our sole discretion, whether in a general or specific context. In this regard, we shall bear no liability towards you stemming from the exercise of such authority. All data located on our servers are subject to potential deletion, modification, or transfer. Regardless of any value attributed to such data, whether by you or any third party, you comprehend and agree that any data, User Account history, and User Account content that exists on our servers may be expunged, altered, relocated, or transferred at any point and for any reason within our discretion, with or without prior notice and devoid of any form of liability on our part. We neither offer nor guarantee, and we explicitly disclaim, any value, whether monetary or otherwise, ascribed to any data residing on our servers.
By interfacing with our Site via a third-party service, you grant us authorization to access and employ your information from that service within the bounds permitted by said service. Furthermore, you permit us to retain your login credentials for that service.
SECTION 4. PRODUCTS AND SALES
Product Descriptions
When describing and illustrating our products on our Site, we endeavor to achieve the highest degree of precision. Nevertheless, we cannot guarantee the absolute accuracy, comprehensiveness, reliability, currency, or freedom from errors of any product descriptions or other Site content. We retain the authority to rectify any typographical errors, inaccuracies, or omissions in connection with product descriptions, pricing, and availability as necessary, and this may occur without prior notification. In the event that a product presented on the Site does not align with its description, your exclusive recourse is to return it to us for either a refund or credit.
Availability & Colors
Dressin cannot guarantee that the products and services featured on the Site will remain available for purchase at the time of ordering or thereafter. Furthermore, we do not guarantee the accuracy or completeness of the Site’s content, including product descriptions, images, and color representations. Please be aware that the colors displayed on your monitor may not precisely match the actual corresponding product colors.
Shipping
Upon placing an order via our Site, we will dispatch your order to the address you have specified, provided it exists within the United States and adheres to the shipping restrictions stipulated on the Site. We may necessitate the verification of certain information before accepting and/or delivering any order. We maintain the right, without prior notice, to restrict the quantity of products or services ordered by any customer and to decline service to any individual.
Risk of Loss
Each purchase made on the Site is executed under the terms of a shipping agreement. The responsibility for the risk of loss associated with all purchased items is transferred to you upon the delivery of said items to the carrier. You are obligated to initiate any claims with carriers in the event of damaged and/or lost shipments.
Merchandise Availability
The availability of merchandise on our Site is not guaranteed, and product stock may be limited. If merchandise you have ordered is unavailable at the time your order is processed, we will communicate this to you via email. You will receive a shipping confirmation email once your items have been dispatched.
SECTION 5. SUBMISSION OF COMMENTS, IMAGES, VIDEOS, AND OTHER CONTENT
The Site facilitates Users submitting, posting, displaying, providing, and/or otherwise sharing content in conjunction with their use of the Site. This content (“User Content”) encompasses materials from third parties or third-party services, as well as interactions with external websites such as Facebook or Instagram. User Content may include comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other various submissions, which may contain personal information. It is important to note that WE DO NOT CLAIM OWNERSHIP RIGHTS OVER USER CONTENT. However, you explicitly grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license (without obligation) to utilize any User Content (“IP License”).
The IP License encompasses, without limitations, the right and license to employ, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) on a global scale. This license extends to incorporating User Content into other works in any form, whether presently known or developed in the future, encompassing both digital and physical platforms owned by us. The use or modification of the submitted User Content will not be constrained in any manner, whether for commercial purposes or otherwise. Additionally, in specific situations, Dressin may share User Content with trusted third parties.
Furthermore, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license (without obligation) to employ your name, likeness, personality, voice, or any other materials or information you provide to Dressin in connection with your User Content.
Furthermore, you grant Dressin an irrevocable, transferable, sub-licensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to employ, replicate, store, modify, and exhibit your User Content in the following capacities:
(a) To uphold and furnish the Site to you;
(b) Solely in disidentified form, for the enhancement of our products and services, as well as for our other business objectives, including, but not limited to, data analysis, customer research, the development of new products or features, and the identification of usage patterns (with ownership of such disidentified data retained by us); and/or
(c) To execute other actions authorized by you in conjunction with your use of the Site.
You comprehend and acknowledge that it is incumbent upon you to ensure that the User Content you submit to the Site does not break any laws or infringe upon the rights of any third party, including, but not limited to, Intellectual Property rights and privacy rights. You further affirm that you have obtained and are solely accountable for securing all requisite consents, as mandated by law, to post any User Content pertaining to third parties. You also understand and agree that User Content submitted to the Site must not consist of or incorporate libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material, as determined solely at Dressin’s discretion. By way of example, and not limitation, you are prohibited from posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content via the Site or through external websites like Facebook or Instagram that may interface with the Site.
Dressin is not, and shall not be, bound by any of the following obligations:
1.To maintain any User Content in a confidential manner;
2.To remunerate you for any User Content;
3.To provide credit or recognition for User Content; and/or
4.To respond to any User Content.
We assume no responsibility and bear no liability for any User Content posted, transmitted, or otherwise made available by you, other Users, or third parties on our Site. You, as the User, bear sole responsibility for your User Content and the outcomes associated with posting it, publishing it, sharing it, and/or making it available on our Site. You acknowledge that we serve merely as a passive conduit for the distribution and publication of your User Content online. Furthermore, you understand and agree that you may come into contact with User Content that is inaccurate, objectionable, inappropriate for minors, or otherwise unsuitable for your intended use. You also agree that Dressin shall not be held liable for any alleged damages you claim to incur in connection with or arising from any User Content.
If you do not wish to grant Dressin the permissions outlined above in these Terms, we kindly request that you refrain from submitting User Content.
SECTION 6. FORCE MAJEURE
We shall not be held liable for any failure to comply or delay in complying with any of the obligations we undertake through these Terms or other contractual agreements when such failure or delay is attributable to circumstances beyond our reasonable control (“Force Majeure”). Force Majeure encompasses any act, event, non-performance, omission, or incident that is beyond our reasonable control, including, but not limited to, the following:
1.Strikes, lockouts, or other labor disputes;
2.Civil disturbances, uprisings, invasions, terrorist attacks or threats, warfare (whether declared or undeclared), or preparation for such hostilities;
3.Fires, explosions, storms, floods, earthquakes, structural collapses, epidemics, pandemics, or any other natural calamities;
4.The unavailability of trains, ships, aircraft, motorized vehicles, or any other means of public or private transportation;
5.The inability to utilize public or private telecommunication systems;
6.Acts, decrees, legislation, regulations, or directives issued by any governmental or public authority; and/or
7.Strikes, outages, or accidents in maritime or river transport, postal transport, or any other industry related to modes of transportation.
It is to be understood that our obligations arising from these Terms or other contractual agreements are temporarily suspended for the duration of a Force Majeure event. We shall be entitled to an extension of the timeframe within which to fulfill these obligations, commensurate with the duration of the Force Majeure event. We shall make all reasonable efforts to terminate the Force Majeure event to the extent within our capabilities, or to find a viable solution that allows us to fulfill our obligations under the Terms notwithstanding the presence of the Force Majeure.
SECTION 7. OWNERSHIP AND USE OF CONTENT
With the exception of your User Content, you acknowledge and accept that our Site, as well as all materials contained therein or transmitted thereby, which encompass, without limitation, information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, messages, or other materials displayed on the Site, including User Content contributed by other Users (collectively referred to as “Dressin Content”), along with all related Intellectual Property rights, are the exclusive property of Dressin and its licensors, including other Users who post User Content on the Site. You are expressly prohibited from using any Dressin Content without the explicit written consent of Dressin or its licensors.
Unless stated otherwise in these Terms, no Dressin Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without the prior written authorization of Dressin and/or the relevant licensor. Permission is granted solely for personal, non-commercial use, provided that no alterations are made to the materials, and all copyright and other proprietary notices within the materials are retained. You are prohibited from “mirroring” any materials from the Site or any other related server without Dressin’s express written permission. Any permission granted under these Terms will automatically terminate without further notice if any of the aforementioned Terms are breached. In the event of such termination, you agree to promptly delete any downloaded and/or printed materials.
Unsanctioned use of any material found on the Site may result in violations of domestic and/or international copyright laws, privacy and publicity laws, and/or communications regulations and statutes.
ANY USE OF DRESSIN CONTENT AND SERVICES NOT SPECIFICALLY AUTHORIZED UNDER THESE TERMS IS STRICTLY PROHIBITED.
SECTION 8. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
As we request that others respect our Intellectual Property rights, we, in turn, endeavor to uphold the Intellectual Property rights of others. If you believe that material found on or linked to on the Site infringes upon your copyright, trademark, or other Intellectual Property rights, we kindly ask you to submit your complaint via our online Intellectual Property complaint portal. Alternatively, you may send a notice of claimed infringement to service@dressin.com with the subject line “Takedown Request.” Such a notice must include the following details:
1.The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the allegedly infringed Intellectual Property right;
2.Identification of the Intellectual Property being infringed upon, including, if applicable, the corresponding registration number and the country of registration;
3.Specific identification of the alleged infringing material, including information regarding its location on the Site or Dressin app (“App”) with sufficient detail to enable Dressin to locate it;
4.In cases involving design patents, identification of the design patent you allege has been infringed, along with the registration number;
5.In cases involving utility patents, identification of the utility patent you allege has been infringed, along with a documented court order or judgment supporting your claim;
6.Your complete legal name, company affiliation (if applicable), mailing address, telephone number, and email address;
7.A statement by you affirming your good-faith belief that the use of the allegedly infringing material is not authorized by the Intellectual Property owner, its agent, or the law; and/or
8.A statement made by you, under penalty of perjury, asserting that the information in your notice is accurate and that you are either the Intellectual Property owner or authorized to act on behalf of the Intellectual Property owner.
We take Intellectual Property rights seriously and will handle your complaint in accordance with our policies and applicable laws.
If you believe that material you posted on the Site or App was removed or its access was disabled in error or due to misidentification, you have the option to file a counter-notification with us. To do so, please submit a written notification to our designated copyright agent, as mentioned above. Your notice must align with the requirements of the Digital Millennium Copyright Act (DMCA) and should include the following details:
1.Your physical or electronic signature;
2.Identification of the material that was removed or had its access disabled, including the location where the material was previously available before removal or access restriction;
3.Sufficient contact information for us to reach you, including your name, mailing address, telephone number, and email address;
4.A statement, made under penalty of perjury, in which you affirm that you hold a good-faith belief that the removed or disabled material resulted from a mistake or misidentification; and
5.A declaration expressing your consent to the jurisdiction of the Federal District Court for the judicial district corresponding to your current address (or, if you reside outside the United States, for any judicial district where the Site and/or App is/are accessible), as well as your acknowledgment that you will accept service of process from the individual (or an agent of that individual) who lodged the complaint with Dressin.
The removed material may be reinstated, or access to it may be restored, within 10 to 14 business days following the processing of the counter-notification unless the party alleging infringement initiates a lawsuit against you. It is important to note that if you knowingly misrepresent material as not infringing on any Intellectual Property rights, you may be held liable for damages or penalties, which may include costs and attorney’s fees. Dressin retains the right to reject any counter-notification submitted in bad faith.
SECTION 9. THIRD-PARTY LINKS AND RESOURCES
Creating or maintaining any hyperlink connecting another website to any page on our Site without obtaining our prior written consent is strictly prohibited. Likewise, running or displaying the Site or any of its content within frames or through similar methods on another website without our prior written authorization is prohibited. Any permissible links to the Site must adhere to all relevant federal and state laws, statutes, rules, and regulations.
SECTION 10. CHANGES/TERMINATION
We retain the right, at any time and at our exclusive discretion, to take the following actions:
1.Modify, suspend, or terminate the Site, or any service, content, feature, or product offered through the Site, with or without prior notice;
2.Impose fees related to the utilization of the Site;
3.Adjust and/or waive any fees imposed in connection with the Site; and/or
4.Provide or withdraw opportunities to some or all Users of the Site.
You agree that we shall not be held liable to you or any third party in the event that any of the aforementioned actions are taken with regard to our Site.
SECTION 11. FEEDBACK/SUBMISSIONS
You agree not to submit any information or ideas to Dressin that you deem to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (hereinafter collectively referred to as “Submissions”) that you transmit to Dressin are considered non-confidential. By doing so, you automatically grant Dressin, as well as its successors, assigns, and licensees, an enduring, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable right and license to utilize and exploit the Submissions, including any associated ideas, concepts, know-how, or techniques, in any manner and for any purpose, whether commercial or otherwise.
This license extends to the utilization of any form of media or technology, whether currently known or developed in the future. Importantly, this grant of rights occurs without the requirement of providing compensation or attribution to you or any other individual. Moreover, it is made without any liability on the part of Dressin and is free from any obligation of confidentiality or other duties. You also automatically relinquish any and all moral rights to the Submissions in favor of Dressin, its successors, assigns, and licensees.
SECTION 12. PRIVACY POLICY
By using Dressin’s services, you acknowledge that you consent to the collection, use, and disclosure of your personal information and the collection, use, transfer, and processing of your personal information within the United States in accordance with Dressin’s Privacy Policy. Dressin is committed to protecting the privacy of its Users and adheres to its Privacy Policy in handling personal information and data.
SECTION 13. INFORMAL DISPUTE RESOLUTION
We make every effort to address disputes without resorting to formal legal proceedings. You agree that before initiating arbitration to resolve any dispute or claim, both you and we will engage in a sincere attempt to resolve it informally. This informal resolution process includes, but is not limited to, conducting at least one telephone conversation between you, personally, and us.
To commence this good faith effort towards informal dispute resolution, you must notify us in writing at service@dressin.com, providing details about the nature of the dispute. Please include “Informal Dispute Resolution” in the email subject line. Specify the basis for your claims and the specific resolution you are seeking, including any monetary amounts, with as much detail as possible to ensure a comprehensive understanding of the dispute.
In the 30 days following our receipt of this notice, you commit to engaging in genuine efforts to resolve the dispute, including your personal participation in a telephone call with us. If you wish, you may have legal representation accompany you on the call. If the dispute remains unresolved after this 30-day period (which may be extended by mutual agreement), either you or we may then initiate arbitration proceedings to address the dispute, following the process outlined below.
It is important to note that fulfilling and completing this informal dispute resolution process is a precondition for initiating arbitration. Both parties agree to suspend the statute of limitations and any deadlines for filing fees during the time they engage in this informal dispute resolution process. A court with appropriate jurisdiction may enforce this precondition to arbitration, including the authority to enjoin the submission or prosecution of an arbitration demand.
SECTION 14. ARBITRATION AGREEMENT
You and Dressin mutually agree that, except as specified below, any controversies, claims, counterclaims, or other disputes between you and Dressin or you and a third-party agent representing Dressin (hereinafter referred to as “Claims”) will be resolved through arbitration, as opposed to court proceedings. This arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to both existing and future Claims that you have not already individually filed in a court of law prior to the date you accepted these Terms.
The AAA Rules can be accessed at www.adr.org or by calling 1-800-778-7879. By agreeing to these Terms, you and we are voluntarily waiving the right to a jury trial for any Claims. The arbitration process will be overseen and decided by a single arbitrator. The arbitrator’s decision in any such arbitration will be conclusive and binding for both parties and may be enforced in any court with the necessary jurisdiction.
The parties concur that the arbitration proceedings will be kept confidential, and no information about the arbitration, including its existence and any details, will be disclosed beyond the arbitration proceedings. However, this confidentiality may be lawfully set aside if required in judicial proceedings connected to the arbitration, by applicable disclosure regulations and rules of securities regulatory authorities or other governmental bodies, or as explicitly allowed by state law.
The Federal Arbitration Act and federal arbitration law are applicable to this agreement. Nevertheless, the arbitrator, rather than any federal, state, or local court or agency, holds exclusive authority to settle any disputes regarding the interpretation, validity, applicability, enforceability, or formation of these Terms. This includes, but is not limited to, Claims asserting that all or a portion of these Terms is void or voidable.
Any party involved in the arbitration may, provided it is more than ten (10) days prior to the arbitration, deliver a written offer of compromise to any other party in the matter. These offers of compromise in accordance with these Terms will be evaluated and construed in line with California Code of Civil Procedure Section 998.
If you can demonstrate that the arbitration costs would be unreasonably high when compared to the costs of litigation, Dressin will cover as much of the administrative expenses and arbitrator’s fees as necessary to prevent the arbitration from being prohibitively costly. In the final arbitration award, the arbitrator may distribute the arbitration costs and the arbitrator’s compensation among the parties in a manner deemed suitable.
This arbitration agreement does not prohibit you or Dressin from seeking relief from federal, state, or local government agencies. Both you and Dressin maintain the right to file qualifying claims in small claims court or have such claims transferred to small claims court. Furthermore, you and Dressin preserve the right to seek interim relief, such as pre-arbitral attachments or preliminary injunctions, from any court with appropriate jurisdiction. Such requests will not be regarded as inconsistent with these Terms and do not constitute a waiver of the right to resolve disputes through arbitration as laid out in these Terms.
You and Dressin are prohibited from serving as class representatives, acting as private attorneys general, or participating in a class of claimants in relation to any Claim. Claims cannot be brought forth in arbitration in a class, consolidated, or representative manner. The arbitrator’s authority is limited to deciding individual Claims made by you and/or Dressin. The arbitrator cannot consolidate or combine the claims of other individuals or parties who may have similar grievances unless the parties provide prior written consent. In the event that a Claim is pursued in court instead of through arbitration, both parties waive their right to a jury trial.
In arbitration, the arbitrator may award the same damages or other remedies that are available under applicable law, including injunctive and declaratory relief, as if the case were brought to court on an individual basis. However, regardless of the above or the content herein, the arbitrator may not issue a “public injunction.” Any such public injunction can only be granted by a federal or state court. If either party seeks a public injunction, all other claims and requests for relief must first be addressed in arbitration, and any request or claim for a public injunction in federal or state court must be suspended until the arbitration process is completed. After the arbitration, the federal or state court can then address the party’s request or claim for public injunctive relief. In doing so, the federal or state court is bound by the arbitrator’s decision under principles of claim or issue preclusion.
This section places limitations on certain rights, which include the right to pursue a court action, the right to a jury trial, the right to participate in class or representative claims, the right to engage in discovery (except as outlined in AAA Rules), and the right to certain remedies and forms of relief. Additionally, other rights that you or Dressin might typically have in a court of law may not be available in arbitration.
If any provision within this section is determined to be invalid or unenforceable, that specific provision will be deemed ineffective and severed from the agreement. However, the remaining provisions of this section will remain in full force and effect. This section of the Terms will continue to be valid even after the termination of your relationship with Dressin.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar Claims are brought against Dressin by the same or coordinated legal counsel, or if they are otherwise coordinated (and your Claim falls under this category), you acknowledge and accept that the resolution of your dispute may experience delays. You also agree to the following process, which includes the application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules:
1.Legal counsel for the claimants and Dressin’s counsel will each select ten (10) cases (per side) to proceed initially in individual arbitration proceedings, forming a bellwether process.
2.The remaining cases will not be initiated or considered as filed in arbitration, and no AAA fees will be incurred for those Claims until they are chosen to advance to individual arbitration proceedings as part of a phased process.
3.If the parties are unable to resolve the remaining Claims after the first twenty (20) proceedings, they will participate in a global mediation session facilitated by a retired state or federal court judge. Dressin will cover the mediator’s fee.
4.If the parties are unable to resolve the remaining matters through mediation at that time, both sides will then select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process (or all remaining claims if there are fewer than forty (40)).
5.The remaining cases will not be initiated or considered as filed in arbitration, and no AAA fees will be incurred for those cases until they are chosen to proceed to individual arbitration proceedings as part of a staged process.
6.Each case will be presided over by a single arbitrator, with only one case assigned to each arbitrator as part of a bellwether process unless otherwise agreed by the parties.
7.If the parties are unable to resolve the remaining Claims after the first forty (40) proceedings, they will participate in another global mediation session facilitated by a retired state or federal court judge, and Dressin will cover the mediator’s fee.
8.If the parties are unable to resolve the remaining matters through mediation at that time, this staged process will continue with one hundred (100) cases proceeding at one time, selected either randomly or by the AAA in staged sets, until all Claims covered by these coordinated filings, including your Claim, are adjudicated or otherwise resolved.
9.Between staged sets of proceedings, both parties agree to participate in a global mediation session if requested by your legal counsel in an effort to resolve all remaining Claims.
10.The statute of limitations and any filing fee deadlines will be tolled for Claims subject to this section regarding disputes from the time the first cases are chosen for a bellwether process until your case is selected, withdrawn, or otherwise resolved.
11.A court with proper jurisdiction has the authority to enforce this paragraph and, if necessary, to prohibit the mass filing or prosecution of arbitration demands against Dressin. If a court of competent jurisdiction declines to enforce these Mass Arbitration Process Requirements, you and we agree that your legal counsel and our counsel will work in good faith, with the assistance of a Process Arbitrator if necessary, to develop and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
SECTION 15. Disclaimers
The Site, as well as the products, services, and content offered through the Site, are provided on an “as is,” “as available,” and “with all faults” basis. This means that there are no representations, warranties, conditions, or guarantees of any nature or kind, whether express, implied, or statutory. These disclaimers cover a wide range of aspects, including but not limited to:
●Accuracy
●Accessibility
●Availability
●Completeness
●Durability
●Errors
●Fitness for a particular purpose
●Merchantability
●Non-infringement of third-party rights
●Absence of viruses or other harmful code
●Performance
●Quality
●Results
●Suitability
●Security
●Timeliness
●Title
●Quiet enjoyment
●Uninterrupted service
●Workmanlike effort
All of the above-mentioned representations, warranties, conditions, and/or guarantees are waived by you and disclaimed by Dressin to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services, and content provided through the Site to achieve your intended results.
In essence, Dressin is not making any promises or guarantees about the accuracy, reliability, or suitability of its products, services, or content, and you are using them at your own risk. These disclaimers aim to protect Dressin from legal liability related to any issues that may arise from your use of the Site or its offerings.
Dressin does not guarantee that the Site, or the products, services, or content provided through the Site, will be error-free, uninterrupted, or secure. It does not promise that any defects will be corrected or that your use of the Site, or the products, services, or content provided through the Site, will produce specific results. You use the Site, and the products, services, and content provided through the Site, at your own risk.
Except as outlined in the Return & Exchange Terms, if you are dissatisfied with the Site, or the products, services, or content provided through the Site, your only recourse is to stop using the Site and its offerings.
Additionally, you are solely responsible for obtaining, configuring, maintaining, paying for, and protecting from loss and damage all equipment, software, and services (including any data contained therein) that are necessary for your use of the Site. This includes ensuring that you have the necessary hardware, software, and internet access to effectively use the Site. Dressin does not take responsibility for the procurement, setup, or maintenance of these resources.
SECTION 16. Limitation of Liability
To the fullest extent permitted by applicable law, Dressin, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you for:
(a) Any damages arising from your use of the Site, the content, or the materials contained in or accessed through the Site. This includes damages resulting from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance. Such damages may or may not result from force majeure, communications failures, theft, destruction, fraud, or unauthorized access to Dressin’s records, programs, or services.
(b) Any indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to damages for loss of goodwill, lost profits, loss, theft, or corruption of User information, or the inability to use the Site or any of its features.
(c) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site.
(d) Any unauthorized access to or use of Dressin’s secure servers and/or any personal information stored therein.
(e) User Content or the defamatory, offensive, or illegal conduct of any third party.
Your sole remedy in case of any dissatisfaction or issue related to the Site is to cease using the Site. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Dressin has been advised of the possibility of such damages. This limitation shall also apply to any failure of essential purpose of any limited remedy.
In no event shall Dressin or its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Dressin under these Terms or 100.00 USD, whichever is greater.
This section applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dressin has been advised of the possibility of such damage.
Please note that the disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities may be prohibited by law in some jurisdictions. Therefore, the foregoing disclaimers and liability exclusions and limitations may not apply to you if such laws provide you with additional rights or protections.
SECTION 17. LEGAL TERMS
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. The parties acknowledge that this Agreement involves a transaction in interstate commerce. In matters related to arbitration, the Federal Arbitration Act (9 U.S.C., §§ 1–16) shall govern. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California, for any actions in which we seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property or proprietary rights, as stated in the Arbitration provision above, including any provisional relief necessary to prevent irreparable harm. You also agree that Los Angeles, California, is the appropriate venue for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is deemed unenforceable.
SECTION 18. INDEMNITY
In these Terms of Use, “Dressin Group” refers to Dressin and its affiliates, licensors, service providers, and suppliers, as well as their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally.
You will defend, indemnify, and hold harmless Dressin Group from and against any and all losses, claims, complaints, demands, actions, suits, proceedings, liabilities, obligations (including damages, expenses, and costs), settlement payments, and attorney’s fees and expenses (hereinafter collectively known as “Claims/Proceedings/Liabilities”) directly or indirectly arising from, connected with, or relating to your use of the Site or your negligence, misconduct, or breach of these Terms of Use. You will not enter into any settlement or other agreement on behalf of Dressin Group or that affects the rights or interests of Dressin Group without Dressin’s express prior written consent, which may be withheld at Dressin’s discretion. However, Dressin Group retains the right to participate in the defense of and settlement negotiations relating to any Claims/Proceedings/Liabilities with counsel of their own selection at their sole cost and expense.
SECTION 19. CONTACT US
If you have any feedback, questions, or comments regarding our services, privacy practices, or these Terms, you can contact Dressin via email at service@dressin.com. For customer service inquiries, please use the customer service platform provided by Dressin.
Effective Date: September 11, 2023
Welcome to Dressin! Please carefully review this Agreement before using our website. These Terms of Use form a legally binding contract that governs your access to and usage of our website. They also outline Dressin’s liability limitations, dispute resolution jurisdiction, and other important provisions.
By accessing or using the Dressin website (“Site”), you affirm that you have read, understood, and agreed to abide by the latest version of these Terms of Use. If you do not agree with these Terms, please refrain from accessing or using our Site.
Please be aware that we reserve the right to update these Terms without prior notice. Your continued use of the Site following any changes indicates your acceptance of the revised Terms.
ARBITRATION NOTICE: Unless you opt out of certain specified disputes outlined in the Arbitration Agreement section, you agree that all disputes between you and Dressin will be resolved through binding individual arbitration. You waive your right to participate in class action lawsuits or class-wide arbitration.
SECTION 2. ACCESS AND USE
You can access and use our Site for personal, non-commercial purposes as long as you adhere to these Terms. All rights to our Site and Intellectual Property (defined below) that are not explicitly granted in these Terms are reserved. We retain the right to suspend or terminate your access to our Site at any time, with or without cause.
Use of Services
Contingent upon your adherence to the stipulations and provisions delineated in these Terms, you are hereby granted the privilege to avail yourself of our Site exclusively for personal, non-commercial purposes. We explicitly retain all rights, unreservedly, that are not explicitly conferred upon you by these Terms in regard to our Site and our Intellectual Property, as defined hereinafter. We maintain the prerogative to suspend or terminate your access to our Site, without the obligation to provide a justification, at any juncture.
Usage Restrictions
You shall refrain from, and you shall neither assist others in, authorize them to, nor facilitate them engaging in, the following activities:
1.Employing our Site for any objective other than the explicit provisions outlined within the Access and Use section;
2.Disassembling, reverse engineering, decoding, or decompiling any portion of our Site;
3.Employing any form of automation, such as robots, spiders, scrapers, data mining tools, data aggregation or extraction tools, or any other mechanized method, to gain access to, amass data from, duplicate, or document the Site;
4.Replicating, leasing, transferring, vending, assigning, sublicensing, modifying, amending, or crafting derivative works based on any fragment of our Site or any facet of our Intellectual Property;
5.Omitting copyright notifications or proprietary emblems from our Site;
6.Using our Site in a manner that impairs (i) the reliability of our servers; (ii) the operation or efficiency of our Site or any other User’s employment of our Site; or (iii) the function of other applications reliant upon our Site;
7.Employing our Site in a manner or for an intention that infringes upon any applicable law, regulation, legal prerequisite or responsibility, contractual obligation, or the rights of any individual (including, but not limited to, intellectual property rights, rights of privacy, and/or rights of personality), or which might otherwise be injurious (at our sole discretion) to us, our providers, our suppliers, or our Users;
8.Employing our Site in competition with us, in the process of fabricating competing products or services, or otherwise to our detriment or commercial disadvantage;
9.Using our Site for benchmarking or competitive scrutiny of our Site;
10.Endeavoring to meddle with, compromise the integrity or security of, or decipher any transmissions to or from the servers supporting our Site;
11.Transmitting viruses, worms, or other software agents via our Site;
12.Impersonating another person, misrepresenting your association with an individual or entity, concealing or attempting to conceal your identity, or otherwise exploiting our Site for intrusive or fraudulent motives;
13.Sharing passwords or authentication credentials for our Site;
14.Bypassing the mechanisms we might employ to forestall or confine access to our Site or enforce constraints on the utilization of our Site or the content therein, inclusive of, but not limited to, functionalities that deter or restrict the utilization or replication of any content;
15.Associating us with, or showcasing any fragment of our Site on, any platform or service that denigrates us, our products, or our services or infringes upon any of our intellectual property or other entitlements; and/or
16.Designating or referring to us or our Site in a manner that could reasonably insinuate an endorsement, affiliation, or sponsorship between you or a third party and us, other than your authorized utilization of our Site under these Terms, without our explicit written assent.
SECTION 3. ACCOUNTS, PASSWORDS AND SECURITY
Your registration on our Site, hereinafter referred to as your User Account, affords you access to the services and functionalities that we may, at our sole discretion, institute and sustain intermittently. Distinct types of User Accounts may be upheld to accommodate varying categories of Users.
Under no circumstances shall you employ another User’s User Account without their explicit consent. When establishing your User Account, you are obligated to furnish precise and exhaustive profile details, and it is incumbent upon you to maintain the currency of this information. The activity transpiring within your User Account is your sole responsibility, as is the confidentiality of your User Account password. We recommend the use of “strong” passwords, characterized by a blend of uppercase and lowercase letters, numerals, and symbols, for your User Account. Any compromise of security or unauthorized use of your User Account must be promptly reported to us. We disclaim any liability for losses stemming from any unsanctioned utilization of your User Account.
You have the ability to manage specific facets of your User profile and your interaction with our Site through adjustments made within your User Account settings. By furnishing us with your email address, you grant consent to the utilization of said email address for the transmission of service-related notifications, including any mandatory notifications as stipulated by applicable laws, in lieu of postal mail correspondence. Additionally, your email address may be employed to dispatch promotional communications, such as notifications concerning alterations to our Site’s features and exclusive offers. If you wish to abstain from receiving such email communications, you retain the option to opt out or modify your preferences. This can be achieved by reaching out to Dressin’s support team or by clicking the unsubscribe link found in each promotional message. It is worth noting that opting out may impede the receipt of email messages pertaining to updates, enhancements, or promotional offerings; nevertheless, it will not obstruct the delivery of service-related notifications.
You acknowledge that the User Account utilized for accessing our Site is not owned by you. Irrespective of any provisions to the contrary within these Terms, you consent to our unrestricted authority to manage, oversee, regulate, modify, and/or remove any data stored by us or on our behalf on our servers (including those operated by our third-party hosting providers) at our sole discretion, whether in a general or specific context. In this regard, we shall bear no liability towards you stemming from the exercise of such authority. All data located on our servers are subject to potential deletion, modification, or transfer. Regardless of any value attributed to such data, whether by you or any third party, you comprehend and agree that any data, User Account history, and User Account content that exists on our servers may be expunged, altered, relocated, or transferred at any point and for any reason within our discretion, with or without prior notice and devoid of any form of liability on our part. We neither offer nor guarantee, and we explicitly disclaim, any value, whether monetary or otherwise, ascribed to any data residing on our servers.
By interfacing with our Site via a third-party service, you grant us authorization to access and employ your information from that service within the bounds permitted by said service. Furthermore, you permit us to retain your login credentials for that service.
SECTION 4. PRODUCTS AND SALES
Product Descriptions
When describing and illustrating our products on our Site, we endeavor to achieve the highest degree of precision. Nevertheless, we cannot guarantee the absolute accuracy, comprehensiveness, reliability, currency, or freedom from errors of any product descriptions or other Site content. We retain the authority to rectify any typographical errors, inaccuracies, or omissions in connection with product descriptions, pricing, and availability as necessary, and this may occur without prior notification. In the event that a product presented on the Site does not align with its description, your exclusive recourse is to return it to us for either a refund or credit.
Availability & Colors
Dressin cannot guarantee that the products and services featured on the Site will remain available for purchase at the time of ordering or thereafter. Furthermore, we do not guarantee the accuracy or completeness of the Site’s content, including product descriptions, images, and color representations. Please be aware that the colors displayed on your monitor may not precisely match the actual corresponding product colors.
Shipping
Upon placing an order via our Site, we will dispatch your order to the address you have specified, provided it exists within the United States and adheres to the shipping restrictions stipulated on the Site. We may necessitate the verification of certain information before accepting and/or delivering any order. We maintain the right, without prior notice, to restrict the quantity of products or services ordered by any customer and to decline service to any individual.
Risk of Loss
Each purchase made on the Site is executed under the terms of a shipping agreement. The responsibility for the risk of loss associated with all purchased items is transferred to you upon the delivery of said items to the carrier. You are obligated to initiate any claims with carriers in the event of damaged and/or lost shipments.
Merchandise Availability
The availability of merchandise on our Site is not guaranteed, and product stock may be limited. If merchandise you have ordered is unavailable at the time your order is processed, we will communicate this to you via email. You will receive a shipping confirmation email once your items have been dispatched.
SECTION 5. SUBMISSION OF COMMENTS, IMAGES, VIDEOS, AND OTHER CONTENT
The Site facilitates Users submitting, posting, displaying, providing, and/or otherwise sharing content in conjunction with their use of the Site. This content (“User Content”) encompasses materials from third parties or third-party services, as well as interactions with external websites such as Facebook or Instagram. User Content may include comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other various submissions, which may contain personal information. It is important to note that WE DO NOT CLAIM OWNERSHIP RIGHTS OVER USER CONTENT. However, you explicitly grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license (without obligation) to utilize any User Content (“IP License”).
The IP License encompasses, without limitations, the right and license to employ, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) on a global scale. This license extends to incorporating User Content into other works in any form, whether presently known or developed in the future, encompassing both digital and physical platforms owned by us. The use or modification of the submitted User Content will not be constrained in any manner, whether for commercial purposes or otherwise. Additionally, in specific situations, Dressin may share User Content with trusted third parties.
Furthermore, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license (without obligation) to employ your name, likeness, personality, voice, or any other materials or information you provide to Dressin in connection with your User Content.
Furthermore, you grant Dressin an irrevocable, transferable, sub-licensable (through multiple tiers), fully paid, royalty-free, and worldwide right and license to employ, replicate, store, modify, and exhibit your User Content in the following capacities:
(a) To uphold and furnish the Site to you;
(b) Solely in disidentified form, for the enhancement of our products and services, as well as for our other business objectives, including, but not limited to, data analysis, customer research, the development of new products or features, and the identification of usage patterns (with ownership of such disidentified data retained by us); and/or
(c) To execute other actions authorized by you in conjunction with your use of the Site.
You comprehend and acknowledge that it is incumbent upon you to ensure that the User Content you submit to the Site does not break any laws or infringe upon the rights of any third party, including, but not limited to, Intellectual Property rights and privacy rights. You further affirm that you have obtained and are solely accountable for securing all requisite consents, as mandated by law, to post any User Content pertaining to third parties. You also understand and agree that User Content submitted to the Site must not consist of or incorporate libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material, as determined solely at Dressin’s discretion. By way of example, and not limitation, you are prohibited from posting violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive User Content via the Site or through external websites like Facebook or Instagram that may interface with the Site.
Dressin is not, and shall not be, bound by any of the following obligations:
1.To maintain any User Content in a confidential manner;
2.To remunerate you for any User Content;
3.To provide credit or recognition for User Content; and/or
4.To respond to any User Content.
We assume no responsibility and bear no liability for any User Content posted, transmitted, or otherwise made available by you, other Users, or third parties on our Site. You, as the User, bear sole responsibility for your User Content and the outcomes associated with posting it, publishing it, sharing it, and/or making it available on our Site. You acknowledge that we serve merely as a passive conduit for the distribution and publication of your User Content online. Furthermore, you understand and agree that you may come into contact with User Content that is inaccurate, objectionable, inappropriate for minors, or otherwise unsuitable for your intended use. You also agree that Dressin shall not be held liable for any alleged damages you claim to incur in connection with or arising from any User Content.
If you do not wish to grant Dressin the permissions outlined above in these Terms, we kindly request that you refrain from submitting User Content.
SECTION 6. FORCE MAJEURE
We shall not be held liable for any failure to comply or delay in complying with any of the obligations we undertake through these Terms or other contractual agreements when such failure or delay is attributable to circumstances beyond our reasonable control (“Force Majeure”). Force Majeure encompasses any act, event, non-performance, omission, or incident that is beyond our reasonable control, including, but not limited to, the following:
1.Strikes, lockouts, or other labor disputes;
2.Civil disturbances, uprisings, invasions, terrorist attacks or threats, warfare (whether declared or undeclared), or preparation for such hostilities;
3.Fires, explosions, storms, floods, earthquakes, structural collapses, epidemics, pandemics, or any other natural calamities;
4.The unavailability of trains, ships, aircraft, motorized vehicles, or any other means of public or private transportation;
5.The inability to utilize public or private telecommunication systems;
6.Acts, decrees, legislation, regulations, or directives issued by any governmental or public authority; and/or
7.Strikes, outages, or accidents in maritime or river transport, postal transport, or any other industry related to modes of transportation.
It is to be understood that our obligations arising from these Terms or other contractual agreements are temporarily suspended for the duration of a Force Majeure event. We shall be entitled to an extension of the timeframe within which to fulfill these obligations, commensurate with the duration of the Force Majeure event. We shall make all reasonable efforts to terminate the Force Majeure event to the extent within our capabilities, or to find a viable solution that allows us to fulfill our obligations under the Terms notwithstanding the presence of the Force Majeure.
SECTION 7. OWNERSHIP AND USE OF CONTENT
With the exception of your User Content, you acknowledge and accept that our Site, as well as all materials contained therein or transmitted thereby, which encompass, without limitation, information, data, text, software, music, sound, photographs, graphics, logos, patents, trademarks, service marks, copyrights, audio, video, messages, or other materials displayed on the Site, including User Content contributed by other Users (collectively referred to as “Dressin Content”), along with all related Intellectual Property rights, are the exclusive property of Dressin and its licensors, including other Users who post User Content on the Site. You are expressly prohibited from using any Dressin Content without the explicit written consent of Dressin or its licensors.
Unless stated otherwise in these Terms, no Dressin Content may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without the prior written authorization of Dressin and/or the relevant licensor. Permission is granted solely for personal, non-commercial use, provided that no alterations are made to the materials, and all copyright and other proprietary notices within the materials are retained. You are prohibited from “mirroring” any materials from the Site or any other related server without Dressin’s express written permission. Any permission granted under these Terms will automatically terminate without further notice if any of the aforementioned Terms are breached. In the event of such termination, you agree to promptly delete any downloaded and/or printed materials.
Unsanctioned use of any material found on the Site may result in violations of domestic and/or international copyright laws, privacy and publicity laws, and/or communications regulations and statutes.
ANY USE OF DRESSIN CONTENT AND SERVICES NOT SPECIFICALLY AUTHORIZED UNDER THESE TERMS IS STRICTLY PROHIBITED.
SECTION 8. NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
As we request that others respect our Intellectual Property rights, we, in turn, endeavor to uphold the Intellectual Property rights of others. If you believe that material found on or linked to on the Site infringes upon your copyright, trademark, or other Intellectual Property rights, we kindly ask you to submit your complaint via our online Intellectual Property complaint portal. Alternatively, you may send a notice of claimed infringement to service@dressin.com with the subject line “Takedown Request.” Such a notice must include the following details:
1.The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the allegedly infringed Intellectual Property right;
2.Identification of the Intellectual Property being infringed upon, including, if applicable, the corresponding registration number and the country of registration;
3.Specific identification of the alleged infringing material, including information regarding its location on the Site or Dressin app (“App”) with sufficient detail to enable Dressin to locate it;
4.In cases involving design patents, identification of the design patent you allege has been infringed, along with the registration number;
5.In cases involving utility patents, identification of the utility patent you allege has been infringed, along with a documented court order or judgment supporting your claim;
6.Your complete legal name, company affiliation (if applicable), mailing address, telephone number, and email address;
7.A statement by you affirming your good-faith belief that the use of the allegedly infringing material is not authorized by the Intellectual Property owner, its agent, or the law; and/or
8.A statement made by you, under penalty of perjury, asserting that the information in your notice is accurate and that you are either the Intellectual Property owner or authorized to act on behalf of the Intellectual Property owner.
We take Intellectual Property rights seriously and will handle your complaint in accordance with our policies and applicable laws.
If you believe that material you posted on the Site or App was removed or its access was disabled in error or due to misidentification, you have the option to file a counter-notification with us. To do so, please submit a written notification to our designated copyright agent, as mentioned above. Your notice must align with the requirements of the Digital Millennium Copyright Act (DMCA) and should include the following details:
1.Your physical or electronic signature;
2.Identification of the material that was removed or had its access disabled, including the location where the material was previously available before removal or access restriction;
3.Sufficient contact information for us to reach you, including your name, mailing address, telephone number, and email address;
4.A statement, made under penalty of perjury, in which you affirm that you hold a good-faith belief that the removed or disabled material resulted from a mistake or misidentification; and
5.A declaration expressing your consent to the jurisdiction of the Federal District Court for the judicial district corresponding to your current address (or, if you reside outside the United States, for any judicial district where the Site and/or App is/are accessible), as well as your acknowledgment that you will accept service of process from the individual (or an agent of that individual) who lodged the complaint with Dressin.
The removed material may be reinstated, or access to it may be restored, within 10 to 14 business days following the processing of the counter-notification unless the party alleging infringement initiates a lawsuit against you. It is important to note that if you knowingly misrepresent material as not infringing on any Intellectual Property rights, you may be held liable for damages or penalties, which may include costs and attorney’s fees. Dressin retains the right to reject any counter-notification submitted in bad faith.
SECTION 9. THIRD-PARTY LINKS AND RESOURCES
Creating or maintaining any hyperlink connecting another website to any page on our Site without obtaining our prior written consent is strictly prohibited. Likewise, running or displaying the Site or any of its content within frames or through similar methods on another website without our prior written authorization is prohibited. Any permissible links to the Site must adhere to all relevant federal and state laws, statutes, rules, and regulations.
SECTION 10. CHANGES/TERMINATION
We retain the right, at any time and at our exclusive discretion, to take the following actions:
1.Modify, suspend, or terminate the Site, or any service, content, feature, or product offered through the Site, with or without prior notice;
2.Impose fees related to the utilization of the Site;
3.Adjust and/or waive any fees imposed in connection with the Site; and/or
4.Provide or withdraw opportunities to some or all Users of the Site.
You agree that we shall not be held liable to you or any third party in the event that any of the aforementioned actions are taken with regard to our Site.
SECTION 11. FEEDBACK/SUBMISSIONS
You agree not to submit any information or ideas to Dressin that you deem to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (hereinafter collectively referred to as “Submissions”) that you transmit to Dressin are considered non-confidential. By doing so, you automatically grant Dressin, as well as its successors, assigns, and licensees, an enduring, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable right and license to utilize and exploit the Submissions, including any associated ideas, concepts, know-how, or techniques, in any manner and for any purpose, whether commercial or otherwise.
This license extends to the utilization of any form of media or technology, whether currently known or developed in the future. Importantly, this grant of rights occurs without the requirement of providing compensation or attribution to you or any other individual. Moreover, it is made without any liability on the part of Dressin and is free from any obligation of confidentiality or other duties. You also automatically relinquish any and all moral rights to the Submissions in favor of Dressin, its successors, assigns, and licensees.
SECTION 12. PRIVACY POLICY
By using Dressin’s services, you acknowledge that you consent to the collection, use, and disclosure of your personal information and the collection, use, transfer, and processing of your personal information within the United States in accordance with Dressin’s Privacy Policy. Dressin is committed to protecting the privacy of its Users and adheres to its Privacy Policy in handling personal information and data.
SECTION 13. INFORMAL DISPUTE RESOLUTION
We make every effort to address disputes without resorting to formal legal proceedings. You agree that before initiating arbitration to resolve any dispute or claim, both you and we will engage in a sincere attempt to resolve it informally. This informal resolution process includes, but is not limited to, conducting at least one telephone conversation between you, personally, and us.
To commence this good faith effort towards informal dispute resolution, you must notify us in writing at service@dressin.com, providing details about the nature of the dispute. Please include “Informal Dispute Resolution” in the email subject line. Specify the basis for your claims and the specific resolution you are seeking, including any monetary amounts, with as much detail as possible to ensure a comprehensive understanding of the dispute.
In the 30 days following our receipt of this notice, you commit to engaging in genuine efforts to resolve the dispute, including your personal participation in a telephone call with us. If you wish, you may have legal representation accompany you on the call. If the dispute remains unresolved after this 30-day period (which may be extended by mutual agreement), either you or we may then initiate arbitration proceedings to address the dispute, following the process outlined below.
It is important to note that fulfilling and completing this informal dispute resolution process is a precondition for initiating arbitration. Both parties agree to suspend the statute of limitations and any deadlines for filing fees during the time they engage in this informal dispute resolution process. A court with appropriate jurisdiction may enforce this precondition to arbitration, including the authority to enjoin the submission or prosecution of an arbitration demand.
SECTION 14. ARBITRATION AGREEMENT
You and Dressin mutually agree that, except as specified below, any controversies, claims, counterclaims, or other disputes between you and Dressin or you and a third-party agent representing Dressin (hereinafter referred to as “Claims”) will be resolved through arbitration, as opposed to court proceedings. This arbitration will be conducted in accordance with the Consumer Arbitration Rules of the American Arbitration Association (“AAA Rules”). This arbitration agreement applies to both existing and future Claims that you have not already individually filed in a court of law prior to the date you accepted these Terms.
The AAA Rules can be accessed at www.adr.org or by calling 1-800-778-7879. By agreeing to these Terms, you and we are voluntarily waiving the right to a jury trial for any Claims. The arbitration process will be overseen and decided by a single arbitrator. The arbitrator’s decision in any such arbitration will be conclusive and binding for both parties and may be enforced in any court with the necessary jurisdiction.
The parties concur that the arbitration proceedings will be kept confidential, and no information about the arbitration, including its existence and any details, will be disclosed beyond the arbitration proceedings. However, this confidentiality may be lawfully set aside if required in judicial proceedings connected to the arbitration, by applicable disclosure regulations and rules of securities regulatory authorities or other governmental bodies, or as explicitly allowed by state law.
The Federal Arbitration Act and federal arbitration law are applicable to this agreement. Nevertheless, the arbitrator, rather than any federal, state, or local court or agency, holds exclusive authority to settle any disputes regarding the interpretation, validity, applicability, enforceability, or formation of these Terms. This includes, but is not limited to, Claims asserting that all or a portion of these Terms is void or voidable.
Any party involved in the arbitration may, provided it is more than ten (10) days prior to the arbitration, deliver a written offer of compromise to any other party in the matter. These offers of compromise in accordance with these Terms will be evaluated and construed in line with California Code of Civil Procedure Section 998.
If you can demonstrate that the arbitration costs would be unreasonably high when compared to the costs of litigation, Dressin will cover as much of the administrative expenses and arbitrator’s fees as necessary to prevent the arbitration from being prohibitively costly. In the final arbitration award, the arbitrator may distribute the arbitration costs and the arbitrator’s compensation among the parties in a manner deemed suitable.
This arbitration agreement does not prohibit you or Dressin from seeking relief from federal, state, or local government agencies. Both you and Dressin maintain the right to file qualifying claims in small claims court or have such claims transferred to small claims court. Furthermore, you and Dressin preserve the right to seek interim relief, such as pre-arbitral attachments or preliminary injunctions, from any court with appropriate jurisdiction. Such requests will not be regarded as inconsistent with these Terms and do not constitute a waiver of the right to resolve disputes through arbitration as laid out in these Terms.
You and Dressin are prohibited from serving as class representatives, acting as private attorneys general, or participating in a class of claimants in relation to any Claim. Claims cannot be brought forth in arbitration in a class, consolidated, or representative manner. The arbitrator’s authority is limited to deciding individual Claims made by you and/or Dressin. The arbitrator cannot consolidate or combine the claims of other individuals or parties who may have similar grievances unless the parties provide prior written consent. In the event that a Claim is pursued in court instead of through arbitration, both parties waive their right to a jury trial.
In arbitration, the arbitrator may award the same damages or other remedies that are available under applicable law, including injunctive and declaratory relief, as if the case were brought to court on an individual basis. However, regardless of the above or the content herein, the arbitrator may not issue a “public injunction.” Any such public injunction can only be granted by a federal or state court. If either party seeks a public injunction, all other claims and requests for relief must first be addressed in arbitration, and any request or claim for a public injunction in federal or state court must be suspended until the arbitration process is completed. After the arbitration, the federal or state court can then address the party’s request or claim for public injunctive relief. In doing so, the federal or state court is bound by the arbitrator’s decision under principles of claim or issue preclusion.
This section places limitations on certain rights, which include the right to pursue a court action, the right to a jury trial, the right to participate in class or representative claims, the right to engage in discovery (except as outlined in AAA Rules), and the right to certain remedies and forms of relief. Additionally, other rights that you or Dressin might typically have in a court of law may not be available in arbitration.
If any provision within this section is determined to be invalid or unenforceable, that specific provision will be deemed ineffective and severed from the agreement. However, the remaining provisions of this section will remain in full force and effect. This section of the Terms will continue to be valid even after the termination of your relationship with Dressin.
Mass Arbitration Process Requirements
If twenty-five (25) or more similar Claims are brought against Dressin by the same or coordinated legal counsel, or if they are otherwise coordinated (and your Claim falls under this category), you acknowledge and accept that the resolution of your dispute may experience delays. You also agree to the following process, which includes the application of the AAA Multiple Consumer Case Filing Fee Schedule and Supplementary Rules:
1.Legal counsel for the claimants and Dressin’s counsel will each select ten (10) cases (per side) to proceed initially in individual arbitration proceedings, forming a bellwether process.
2.The remaining cases will not be initiated or considered as filed in arbitration, and no AAA fees will be incurred for those Claims until they are chosen to advance to individual arbitration proceedings as part of a phased process.
3.If the parties are unable to resolve the remaining Claims after the first twenty (20) proceedings, they will participate in a global mediation session facilitated by a retired state or federal court judge. Dressin will cover the mediator’s fee.
4.If the parties are unable to resolve the remaining matters through mediation at that time, both sides will then select twenty (20) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process (or all remaining claims if there are fewer than forty (40)).
5.The remaining cases will not be initiated or considered as filed in arbitration, and no AAA fees will be incurred for those cases until they are chosen to proceed to individual arbitration proceedings as part of a staged process.
6.Each case will be presided over by a single arbitrator, with only one case assigned to each arbitrator as part of a bellwether process unless otherwise agreed by the parties.
7.If the parties are unable to resolve the remaining Claims after the first forty (40) proceedings, they will participate in another global mediation session facilitated by a retired state or federal court judge, and Dressin will cover the mediator’s fee.
8.If the parties are unable to resolve the remaining matters through mediation at that time, this staged process will continue with one hundred (100) cases proceeding at one time, selected either randomly or by the AAA in staged sets, until all Claims covered by these coordinated filings, including your Claim, are adjudicated or otherwise resolved.
9.Between staged sets of proceedings, both parties agree to participate in a global mediation session if requested by your legal counsel in an effort to resolve all remaining Claims.
10.The statute of limitations and any filing fee deadlines will be tolled for Claims subject to this section regarding disputes from the time the first cases are chosen for a bellwether process until your case is selected, withdrawn, or otherwise resolved.
11.A court with proper jurisdiction has the authority to enforce this paragraph and, if necessary, to prohibit the mass filing or prosecution of arbitration demands against Dressin. If a court of competent jurisdiction declines to enforce these Mass Arbitration Process Requirements, you and we agree that your legal counsel and our counsel will work in good faith, with the assistance of a Process Arbitrator if necessary, to develop and implement procedures that ensure that arbitration remains efficient and cost-effective for all parties. Either party may engage with the AAA to address reductions in arbitration fees.
SECTION 15. Disclaimers
The Site, as well as the products, services, and content offered through the Site, are provided on an “as is,” “as available,” and “with all faults” basis. This means that there are no representations, warranties, conditions, or guarantees of any nature or kind, whether express, implied, or statutory. These disclaimers cover a wide range of aspects, including but not limited to:
●Accuracy
●Accessibility
●Availability
●Completeness
●Durability
●Errors
●Fitness for a particular purpose
●Merchantability
●Non-infringement of third-party rights
●Absence of viruses or other harmful code
●Performance
●Quality
●Results
●Suitability
●Security
●Timeliness
●Title
●Quiet enjoyment
●Uninterrupted service
●Workmanlike effort
All of the above-mentioned representations, warranties, conditions, and/or guarantees are waived by you and disclaimed by Dressin to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services, and content provided through the Site to achieve your intended results.
In essence, Dressin is not making any promises or guarantees about the accuracy, reliability, or suitability of its products, services, or content, and you are using them at your own risk. These disclaimers aim to protect Dressin from legal liability related to any issues that may arise from your use of the Site or its offerings.
Dressin does not guarantee that the Site, or the products, services, or content provided through the Site, will be error-free, uninterrupted, or secure. It does not promise that any defects will be corrected or that your use of the Site, or the products, services, or content provided through the Site, will produce specific results. You use the Site, and the products, services, and content provided through the Site, at your own risk.
Except as outlined in the Return & Exchange Terms, if you are dissatisfied with the Site, or the products, services, or content provided through the Site, your only recourse is to stop using the Site and its offerings.
Additionally, you are solely responsible for obtaining, configuring, maintaining, paying for, and protecting from loss and damage all equipment, software, and services (including any data contained therein) that are necessary for your use of the Site. This includes ensuring that you have the necessary hardware, software, and internet access to effectively use the Site. Dressin does not take responsibility for the procurement, setup, or maintenance of these resources.
SECTION 16. Limitation of Liability
To the fullest extent permitted by applicable law, Dressin, its affiliates, agents, directors, employees, suppliers, and licensors shall not be liable to you for:
(a) Any damages arising from your use of the Site, the content, or the materials contained in or accessed through the Site. This includes damages resulting from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance. Such damages may or may not result from force majeure, communications failures, theft, destruction, fraud, or unauthorized access to Dressin’s records, programs, or services.
(b) Any indirect, special, incidental, consequential, punitive, or exemplary damages, including but not limited to damages for loss of goodwill, lost profits, loss, theft, or corruption of User information, or the inability to use the Site or any of its features.
(c) Personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Site.
(d) Any unauthorized access to or use of Dressin’s secure servers and/or any personal information stored therein.
(e) User Content or the defamatory, offensive, or illegal conduct of any third party.
Your sole remedy in case of any dissatisfaction or issue related to the Site is to cease using the Site. This limitation of liability applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, and even if Dressin has been advised of the possibility of such damages. This limitation shall also apply to any failure of essential purpose of any limited remedy.
In no event shall Dressin or its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the amount you paid to Dressin under these Terms or 100.00 USD, whichever is greater.
This section applies regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Dressin has been advised of the possibility of such damage.
Please note that the disclaimer of certain warranties and conditions and the exclusion or limitation of certain liabilities may be prohibited by law in some jurisdictions. Therefore, the foregoing disclaimers and liability exclusions and limitations may not apply to you if such laws provide you with additional rights or protections.
SECTION 17. LEGAL TERMS
These Terms are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. The parties acknowledge that this Agreement involves a transaction in interstate commerce. In matters related to arbitration, the Federal Arbitration Act (9 U.S.C., §§ 1–16) shall govern. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles, California, for any actions in which we seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other Intellectual Property or proprietary rights, as stated in the Arbitration provision above, including any provisional relief necessary to prevent irreparable harm. You also agree that Los Angeles, California, is the appropriate venue for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is deemed unenforceable.
SECTION 18. INDEMNITY
In these Terms of Use, “Dressin Group” refers to Dressin and its affiliates, licensors, service providers, and suppliers, as well as their respective directors, officers, employees, contractors, agents, shareholders, distributors, and representatives, jointly and severally.
You will defend, indemnify, and hold harmless Dressin Group from and against any and all losses, claims, complaints, demands, actions, suits, proceedings, liabilities, obligations (including damages, expenses, and costs), settlement payments, and attorney’s fees and expenses (hereinafter collectively known as “Claims/Proceedings/Liabilities”) directly or indirectly arising from, connected with, or relating to your use of the Site or your negligence, misconduct, or breach of these Terms of Use. You will not enter into any settlement or other agreement on behalf of Dressin Group or that affects the rights or interests of Dressin Group without Dressin’s express prior written consent, which may be withheld at Dressin’s discretion. However, Dressin Group retains the right to participate in the defense of and settlement negotiations relating to any Claims/Proceedings/Liabilities with counsel of their own selection at their sole cost and expense.
SECTION 19. CONTACT US
If you have any feedback, questions, or comments regarding our services, privacy practices, or these Terms, you can contact Dressin via email at service@dressin.com. For customer service inquiries, please use the customer service platform provided by Dressin.
