Terms & Conditions
Last Revised: June 25, 2018
PLEASE READ THE TERMS OF THE AGREEMENT CAREFULLY. BY PURCHASING MERCHANDISE, ACCESSING AND USING OUR SITE YOU ACKNOWLEDGE THAT YOU ARE THE AGE OF MAJORITY AND AGREE TO BE BOUND TO THE TERMS OF THIS AGREEMENT.
You can purchase merchandise, learn about promotions, sign up for our newsletter and communicate with us through the Site. Certain features of the Site require you to create an account. To register you must create a user account by providing a valid email address and creating a unique password “Account”. When you acquire merchandise as a guest or through your Account you warrant that all information used in connection with the Site and acquisition of merchandise is accurate and true. You are solely responsible for: (i)maintaining the confidentiality of your user name and password; (ii)ensuring all information used in connection with the Site is accurate and current; and (iii)any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
2. PURCHASING PRODUCTS
You must provide us with your full legal name, an active telephone, a valid credit card and current address to purchase products through Site. All payments are processed by Authorize.net and are subject to the following provisions. We will send you a confirmation email confirming that your order has been processed and that payment was received and will promptly ship products to the address designated within our approved domestic shipping requirements.
3. ORDER RESTRICTIONS AND RISK OF LOSS
Merchandise acquired from us is not intended for re-sale. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The risk of loss for purchased product(s) passes from us to you as soon as we provide the carrier the purchased product(s). As a result, you will need to file claims directly with the carrier for any loss or damages that occurred while the purchased product(s) were in the possession of the carrier. You can check the status of your order by emailing email@example.com.
From time to time we may make sweepstakes, contests, or other promotions available through our Site (“Promotion”) that require you to register and/or accept the terms and conditions associated with the same. Please review the applicable rules, terms, and/or disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
5. RETURNS AND EXCHANGES
All returns are subject to our return policy located here.
6. LICENSE AND USE RESTRICTIONS
a. Site. We hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use our Site as expressly permitted herein. Except for this limited license we do not grant you any other rights or license. We reserve all rights not expressly granted herein.
b. Your Content. You hereby grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to use, distribute, store, transmit reproduce any information you submit in connection with the use of our Site (“Your Content”) to: (i) make the Site available to you; (ii) manage your Account; (iii) address questions and issues; and (iv)process purchases. You hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party.
c. Restrictions. You are prohibited from violating or attempting to violate the security or integrity of our Site or otherwise violating or infringing our rights or the rights of others who use our Site and agree not to do the following:
• use any “deep-link,” “robot,” or other automatic or manual device, software, program, code, algorithm or methodology, to access, copy, or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, or obtain or attempt to obtain any materials or information through any means not purposely made available by us through the Site;
• gain or attempt to gain unauthorized access to any portion or feature of the Site, or any other system or network connected to the Site or to any of our third-party business partners’ servers, systems or networks, by hacking, “password-mining” or using any other illegitimate method of accessing data;
• probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site;
• take any action that would cause an unreasonably or disproportionately large load on the infrastructure of the Site or our systems or networks, or any systems or networks connected to the Site or to us in an attempt to overwhelm our systems to create a “Denial of Service” or similar attack;
• use any device, technology or method to interfere or attempt to interfere with the proper functioning or features of the Site or any transaction occurring on the Site, or with any other person’s use of the Site;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Site or any service offered on or through the Site;
• not to make any false or misleading statements in connection with your use of the Site;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• Use our Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• Advertise or offer to sell or buy any goods or services for any business purpose;
• Restrict or inhibit any other user from using and enjoying the Site;
• Violate any applicable laws or regulations; and/or
• Create a false identity for the purpose of misleading others.
WE RESERVE THE RIGHT TO IMMEDIATELY TERMINATE YOUR USE OF OUR SITE AND/OR YOUR ACCOUNT (IN OUR SOLE DISCRETION) IF WE DETERMINE THAT YOUR USE OF THE SITE IS IMPROPER OR IN VIOLATION OF ANY PROVISION OF THE AGREEMENT.
7. INTELLECTUAL PROPERTY RIGHTS
The design of the Site and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained within the Site.
We are committed to ensuring that all customers are able to access and use our Site and follow the Web Content Accessibility Guidelines to assist with ensuring that individuals with disabilities are able access and use our Site. To assist with accessibility we have implemented the following:
(1) Site Organization. Our Site and the Terms & Conditions have conspicuous headings that are easy to follow, read and are compatible with most assistive technology solutions.
(2) Availability of Our Content. We take commercially reasonable measures to make Our Content available in variety of methods such as text and audio.
(3) Keyboard Accessibility. Many features of our Site are accessible using a keyboard.
FOR FURTHER ASSISTANCE PLEASE CONTACT US VIA EMAIL AT firstname.lastname@example.org.
9. DISCLAIMER OF WARRANTIES.
THE SITE IS PROVIDED TO YOU AS IS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTWE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1)THE SITE WILL MEET YOUR REQUIREMENTS; (2)YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (4)ANY ERRORS IN THE SITE WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
10. LIMITATION OF LIABILITY.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. NEITHER WE NOR OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, AND/OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
You agree to defend and indemnify us and our employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of the Site; (iii)your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv)your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of the Site: IP ownership rights, payments, limitation of liability, indemnity and dispute resolution.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE.
14. THIRD PARTY LINKS.
Our Site incorporates links to third-party websites. Some third-party websites may collect data or solicit personal information from you. We neither own nor control such third-party websites and are not responsible for their content or actions. Please read the terms and conditions and privacy policies of any third-party website that may be linked to our Site.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at email@example.com with the word “UNSUBSCRIBE”in the subject line.
18. DISPUTE RESOLUTION.
PLEASE READ THIS SECTION CAREFULLY.
Any dispute (including whether the claims asserted are arbitrable) shall be referred to and finally determined by binding and confidential arbitration. Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ("AAA"). The arbitration will be governed by the AAA’ Commercial Arbitration Rules and, if the arbitrator deems them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively "Rules and Procedures"). Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction.
YOU ARE THUS GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. ARBITRATOR DECISIONS ARE AS ENFORCEABLE AS ANY COURT ORDER AND ARE SUBJECT TO VERY LIMITED REVIEW BY A COURT.
ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.
The arbitrator will not have authority to award damages in excess of the amount set forth in this Agreement. Judgment on the award of the arbitrator may be entered by any court of competent jurisdiction. The arbitrator also shall be authorized to grant any temporary, preliminary or permanent equitable remedy or relief it deems just and equitable and within the scope of the Agreement, including, without limitation, an injunction or order for specific performance. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
If you have any questions about these Terms & Conditions, please contact us at:
Jason Wu Studio
Attn: Customer Service
240 West 35th Street, 11th Floor
New York, NY 10001
LICENSE, SITE ACCESS AND USE
We grant you limited license to make personal use of this Site. All content on this site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code software, as well as the selection arrangement thereof), is exclusive property of and owned by Jason Wu or its content providers and is protected by copyright, trademark and other applicable laws. You may access, copy, download and print the material contained on the site for your personal and non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you access, copy, download or print. The grant to you of a limited license to use this Site does not include any right to: (a) resell or commercial use of this Site or any of the contents of this site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert into human readable form any of the contents of this Site not intended to be so read, including use of or directly viewing the underlying HTML other code from this site except as interpreted and displayed in a web browser; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site (including any Jason Wu trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise; (d) collect and/or use any product listings or descriptions; (e) make derivative use of this Site and any of the contents of this Site; or (f) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the contents of this Site or to collect any information from this Site or any other user of this Site.
You may not use contact information provided on the site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the site or to surreptitiously intercept any system, data or personal information from this Site. You agree not to interrupt or attempt to interrupt the operation of the site in any way.
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Site is at your own risk. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to this Site.
When you visit this Site, or send us emails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such agreements, notices, disclosures or communications be in writing.
If your use of this Site requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you register on this Site, you agree that any information you provide to us will be current, accurate and complete. Jason Wu will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Jason Wu or another party due to someone else using your account and/or password either with or without your knowledge. You agree to notify Jason Wu immediately of any unauthorized use of your account and/or password(s), or other breach of security.
ORDERS AND PRICE
The information on this Site does not constitute a binding offer to sell products described on this Site. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. We will not accept any order from outside the United States. You may not purchase any item from this Site for resale by you or any other person, and you may not resell any item purchased from this Site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
Images of people, places and/or products posted on this Site are either the property of Jason Wu, or are used with express permission to Jason Wu. Unless otherwise noted, all content included on this Site, including images, illustrations, designs, icons, photographs, video clips and written and other materials is the property of Jason Wu or its content suppliers and is protected by United States and international copyright laws. The compilation of this Site is the exclusive property of Jason Wu and is protected by United States and international copyright laws. Any unauthorized use of any content or materials on this Site is strictly prohibited and may violate copyright and trademark laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on this Site can only be made with the prior written and express authorization of Jason Wu. For further information on how you may obtain authorization to use any materials or content on this Site, please contact Jason Wu at Contact provided on this Site.
All trademarks, trade dress and service marks and their respective designs and/or logos on this Site are trademarks or registered trademarks of Jason Wu or its affiliates. Jason Wu and its affiliates' trademarks and/or trade dress may not be copied, imitated or used, in whole or in part, without the prior written permission of Jason Wu. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Jason Wu, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Jason Wu. All other trademarks, registered trademarks, product names and company names or logos used on this Site are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Jason Wu or its affiliates, nor may you place any meta tags or any other "hidden text" utilizing Jason Wu's or its affiliates' names, trademarks, or product names without our express written consent.
MATERIAL YOU SUBMIT
LINKS TO OTHER SITES
This Site may contain links to other Web sites. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and Jason Wu is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This Site including its content is provided by Jason Wu on an as-is basis without warranties of any kind (expressed or implied), and all warranties are disclaimed. Jason Wu makes no representations or warranties that this Site or its content is free of errors, makes no warranties that this Site or its server(s) are free of harmful components or viruses even if Jason Wu has been advised of possible damages arising, and is not responsible for errors or omissions relating to pricing, text, or any other content on this Site. Use of this Site is at your own risk.
Notwithstanding any of these Site Terms, we reserve the right, without notice or attendant liability, and in our sole discretion, to terminate your license to use this Site and to block or prevent your future access to and use of this Site for any reason or no reason. If we do terminate, you will continue to be personally liable for any orders that you place or charges or other liabilities that you incurred prior to termination. Termination will not waive or affect any other right or relief to which we may be entitled, at law or in equity and, if we do terminate your license to use this Site, these Site Terms will continue to apply.
By accessing, browsing or using this Site, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Site Terms and any dispute of any sort that might arise between you and Jason Wu or its affiliates. Regardless of where you access this Site, you agree that any action at law or in equity arising out of or relating to these Site Terms or any product or service offered or displayed on this Site shall be filed and adjudicated only in the federal or state courts located in the City of New York, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding between you and Jason Wu or any of its affiliates.
SITE POLICIES, MODIFICATION AND SEVERABILITY
If you have any questions or suggestions regarding our Site Terms, please contact us at our corporate office:
240 West 35th Street 11 Floor
New York, NY 10001