Effective Date: 6/13/2016
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, PAYING FOR, OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
DISCOVERY CLOTHING MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT DISCOVERY CLOTHING MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, THE EFFECTIVE DATE ABOVE WILL CHANGE. YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the Site
Discovery Clothing is an online clothing retailer. The Website allows visitors to shop for fast fashion clothing, shoes, and accessories. Eventually, visitors may also post reviews to the Website to improve the Website and the order process.
Your reliance upon any information provided by Discovery Clothing, others appearing on this Website at invitation by Discovery Clothing, or other visitors or users of this Website is solely at your own risk. You understand that Discovery Clothing is not obligated to provide any maintenance, technical or other support for the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are a human individual that is eighteen (18) years of age or older. If you are under eighteen (18) years of age but at least thirteen (13) years of age, you must present this Agreement to your parent or legal guardian for their review. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Discovery Clothing and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
You will not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use Website. Website is operated in the United States and Discovery Clothing makes no representation that its Website or services or products are appropriate, lawful, or available for use in other locations.
3. Merchandise Information, Availability, and Returns
The products displayed on our site are available online and at select Discovery Clothing stores in the United States. All the product images, descriptive copy and supporting detail information are intended to be guides to assist in providing informative information to the customer in order to make a purchase decision. The guides are developed to be an accurate depiction of the product itself, although slight variances may occur in color, cut or sizing.
The quantity, availability, and prices of the merchandise may vary between Discovery Clothing retail stores and DiscoveryClothing.com. Some items may be available in limited quantities and also may be exclusive to the site only. Additionally, not all items found in Discovery Clothing retail stores are guaranteed to be found on the Site. DiscoveryClothing.com reserves the right to limit the order quantity on any product to customers or cancel any order for any reason. Discovery Clothing may refuse service to any customer that violates the terms of this website.
If you are not satisfied with your DiscoveryClothing.com purchase you can return it via mail or to any Discovery Clothing store within thirty (30) days from the shipped date. All items must be returned with the invoice, in original condition, and price tags attached. For more detailed information on returns, please reference the Discovery Clothing Return Policy.
4. Ownership of Website and License
You acknowledge and agree that Discovery Clothing is the owner of, or has rights in and to, the Website and all its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Discovery Clothing.
Discovery Clothing hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Violation of the terms of this Agreement or use of the Website for a use outside of its customary and intended purposes, such as, but not limited to downloading (other than page caching) or modifying the Website or any portion of it will result in the termination of this license.
Absent prior written permission from Discovery Clothing, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Discovery Clothing.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. All Discovery Clothing marks are the property of Discovery Clothing, including, but not limited to DISCOVERY CLOTHING COMPANY®, DISCOVERY CLOTHING AND SHOES®, DISCOVERY SHOES®, DISCOVERY CLOTHING CO®, and all Discovery Clothing logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Discovery Clothing. You are prohibited from using Discovery Clothing’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Discovery Clothing.
6. Official Branded Hashtag #discoverygirl
By submitting photographs, comments, and any other information to Discovery Clothing with the official hashtag #discoverygirl you grant Discovery Clothing complete access and transferable license to use, store, reproduce and modify in both digital and physically owned channels.
7. Account Registration; Payment; Termination
You have a duty to ensure that the information that you provide through your Account is truthful, current, complete, and accurate. You understand and agree that you have an ongoing duty to update and keep current the information provided through your Account if and when that information changes. You are expressly prohibited from creating an Account that impersonates another person, contains offensive or obscene language, or otherwise violates the rights of a third party. You expressly agree that you will not use your Account to interfere with or disrupt a third party’s enjoyment and use of the Website. Discovery Clothing reserves the right to restrict access to, monitor, suspend, disable, or delete your Account at any time, in its sole discretion, and without prior warning.
Payment for products purchased through the Website are processed through a third-party payment processor, such as PayPal. The Website will also process payments through most major credit card companies, excluding American Express. You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity. You understand and agree that Discovery Clothing will not be held liable for any user’s failure to complete a transaction entered into through the Website.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact Discovery Clothing immediately. You agree to hold harmless and indemnify Discovery Clothing for any damages that arise out of or in relationship to the use of your Account.
By creating an Account, you agree that Discovery Clothing, and its designees and agents, may contact you by any available means, including, but not limited to, by email.
8. User Generated Content
Discovery Clothing may provide you with the ability to submit user generated content to the Website, which may include, but is not limited to reviews (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. User Generated Content posted to public areas of the Website, including as comments to posts and reviews, will be publicly visible to all visitors of the Website. You expressly acknowledge, however, that Discovery Clothing does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Discovery Clothing a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, sell, display, research, and use any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Content that you submit to the Site. Discovery Clothing acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content. Discovery Clothing does not guarantee the confidentiality of any User Generated Content you share through the Website with any third party.
Discovery Clothing reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Discovery Clothing also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
9. Section 230 of Communications Decency Act
You acknowledge and agree that Discovery Clothing is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Discovery Clothing may edit, remove, or control the content displayed through the Website, you agree that Discovery Clothing will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
10. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that Discovery Clothing does not own or control. You agree that Discovery Clothing will not be held responsible or liable for the content of third party websites, applications, or services and that Discovery Clothing’s inclusion of those websites, applications, or services within its Website does not constitute Discovery Clothing’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
11. No Endorsement
Discovery Clothing does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Discovery Clothing and are not intended to be used for advertising or product endorsement purposes.
12. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Discovery Clothing’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, threatening, defamatory, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Discovery Clothing by sending an email to firstname.lastname@example.org.
13. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Discovery Clothing may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
14. Disclaimer of Warranties
DISCOVERY CLOTHING DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PRODUCTS PURCHASED THROUGH THE WEBSITE. DISCOVERY CLOTHING PROVIDES THE WEBSITE AND THE SERVICES AND PRODUCTS PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
DISCOVERY CLOTHING WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE OR MARKETING PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. DISCOVERY CLOTHING IS A RETAIL PROVIDER AND DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. DISCOVERY CLOTHING RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
DISCOVERY CLOTHING WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
15. Limitation of Liability
DISCOVERY CLOTHING WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF PRODUCTS OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT DISCOVERY CLOTHING CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO DISCOVERY CLOTHING, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. DISCOVERY CLOTHING IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, PRODUCT AVAILABILITY, OR PRICING ERRORS LISTED ON THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Discovery Clothing, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services or products purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Discovery Clothing under the terms of this Agreement will not provide you with the right to control Discovery Clothing’s defense, and Discovery Clothing reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Discovery Clothing.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Discovery Clothing may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
18. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Illinois without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Discovery Clothing or the Website, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Cook County, Illinois. You agree that any claim or dispute that you may have against Discovery Clothing or the Website will be exclusively resolved through arbitration.
YOU AND DISCOVERY CLOTHING AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM DISCOVERY CLOTHING, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN NASHVILLE, ILLINOIS AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF ILLINOIS AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND DISCOVERY CLOTHING AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE STATE OF ILLINOIS. YOU AND DISCOVERY CLOTHING AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of eighteen (18) and Discovery Clothing will not knowingly collect personally identifiable information from children under the age of eighteen (18). If Discovery Clothing inadvertently collects such personally identifiable information, Discovery Clothing will delete the personally identifiable information in accordance with its security protocols.
Limitation On Actions
DISCOVERY CLOTHING AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Discovery Clothing.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Discovery Clothing Company
4300 N. Knox Ave.
Chicago, IL 60641
A copy of any such notice must be emailed to email@example.com, but email notice alone shall not comply with the notice requirements of this Agreement.
This Agreement is enforced by the Internet lawyers of Traverse Legal, PLC.