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Terms Of Services

FASHIONDELIVERY.NET – TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND FASHION DELIVERY, LLC REGARDING YOUR USE OF THE INTERNET WEBSITE SERVICE FASHIONDELIVERY.NET. BY USING THE SERVICE, INCLUDING VIEWING CONTENT, YOU AS AN INDIVIDUAL AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BETWEEN YOU AND FASHION DELIVERY, LLC (WHETHER OR NOT YOU CHOOSE TO BECOME A MEMBER). YOUR ACCESS TO AND USE OF FASHIONDELIVERY.NET IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.

These are official terms and conditions (“Terms of Use” or “Agreement”) and form a legally binding agreement between you and Fashion Delivery.com, LLC (“Fashion Delivery”, “we”, “us”, or “our”) regarding your use of Fashion Delivery’s internet web site located at http://www.fashiondelivery.net (the “Site”), as well as the associated web pages services, features and functions made available by Fashion Delivery and this Site (individually and collectively, the “Fashion Delivery Services”). The term “Fashion Delivery Services” also includes any and all branded, equivalent, mirror, replacement, substitute or backup websites and web pages and those containing authorized content owned by Fashion Delivery. This Agreement includes Fashion Delivery’s policy for acceptable use of Fashion Delivery Services and content posted on the Site, your rights, obligations and restrictions regarding your use of Fashion Delivery Services and Fashion Delivery’s Privacy Policy. In order to participate in Fashion Delivery Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Fashion Delivery Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

TERMS OF SERVICE:

Fashion Delivery Services are offered and made available only to users 18 years of age or older – Fashion Delivery Services is not intended for children under 18. Your account may be terminated without warning, if we believe, in our sole discretion, that you are under 18 years of age. By using or attempting to use Fashion Delivery Services, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are not yet 18 years old, or your use of our Fashion Delivery Services is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use Fashion Delivery Services. Use of Fashion Delivery Services is void where prohibited.

By using Fashion Delivery Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a “Visitor”, meaning that you simply browse the Site or you are a “Member” meaning that you have registered with Fashion Delivery. The term “User” refers to a Visitor or a Member. When we use the term “Agreement” we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of Content, Postings and Communities (all as defined below), any features, functions and services we make available to you from time to time through our Fashion Delivery Services, any official rules which apply to your participation in promotions, contests, sweepstakes, award programs, memberships, e-mail and/or newsletters (“Rules”) and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term “Agreement” also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of Fashion Delivery Services, even if your use of or participation in any particular service, feature, function or promotional activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words “use” or “using” in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Fashion Delivery Services, transmit, receive or exchange data or communicate with the Fashion Delivery Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Fashion Delivery Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any web sites or links that may direct your browser or your connection to third party web sites or web pages.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Fashion Delivery without restriction or notice to you.

1. MEMBERSHIP

This Agreement shall remain in full force and effect while you use Fashion Delivery Services or are a User. There are portions of Fashion Delivery Services and this Site that we make available to Users in the general public without registering and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.

Fashion Delivery reserves the right, in its sole discretion, to reject, refuse to post or remove any posting, including email, by you, or to restrict, suspend, or terminate your access to all or any part of Fashion Delivery Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account is terminated, this Agreement will remain in effect, including all sections.

Users agree to pay for certain premium Fashion Delivery Services, which fees are nonrefundable after registration has occurred. All charges to Users’ accounts, including applicable taxes, shall be in accordance with billing terms in effect at the time the fee or charge becomes payable.
Users are responsible for providing all personal computer and communications equipment necessary to gain access to the Fashion Delivery Services. Access to and use of certain portions of the Fashion Delivery Services is through the use of a password. Each User must keep his/her password strictly confidential and you agree that if you share your unique login name and/or your password with another individual that your access to the Fashion Delivery Services is subject to immediate termination without notice or reimbursement of any kind, and that you remain responsible for all acts or omissions associated with your login name and password.
You acknowledge that Fashion Delivery reserves the right to change its fees from time to time in its discretion. If Fashion Delivery terminates your account because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees.
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2. PLACING ORDERS

  • Order Processing:
    • Fashion Delivery may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is unavailable/out of stock, we suspect the request is fraudulent, or in other circumstances Fashion Delivery deems appropriate in its sole discretion.
    • Fashion Delivery also reserves the right, in its sole discretion, to take steps to verify your identity to process your order.
    • We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
    • In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
    • Fashion Delivery will either not charge you or refund the charges for orders that we do not process or cancel.
  • Placing the Order:
    • You are responsible for accurately entering all required information including but not limited to:
      • Retailer Name
      • Item Category
      • Item/style/SKU #
      • Size
      • Color
      • Quantity
      • Shipping Address
    • In the event of any inaccurate information provided by you, you will be responsible for the item(s) and all Fashion Delivery fees.
    • If you fail to provide required order information, the order will be cancelled and Fashion Delivery will send a cancellation notice to you via email.
    • After submission of your order at the Site, your approval will be acquired via a “Customer Approval Request” email.
    • In order to receive same day delivery, you must respond to the Customer Approval Request email within 10 minutes of its receipt.
    • We are not liable for any loss or damage due to incomplete orders.
  • Return/Exchange Policy:
    Fashion Delivery‘s Return/Exchange Policy, which may change from time to time, can be viewed at www.fashiondelivery.net/customer-service

     

    • Pricing Information:
      • All Fashion Delivery orders are filled through physical store locations, and in-store prices shall apply to all purchases
      • The in-store price of an item may vary between stores and may be different from the online price for the same item
      • We will list the in-store prices of all ordered items in the Customer Approval email you will receive to approve and complete your order process
      • We will email retailers’ receipts for all orders to you as proof of charge within 48 hours of delivery of the item to you
      • We are not responsible for price variations or errors
      • Fashion Delivery reserves the right, at its sole discretion, to not process or to cancel any orders placed for an item which price was incorrectly posted on the website and/or Customer Approval email as a result of an error
    • Fashion Delivery Fee Definition:
      • The Fashion Delivery Fee includes cost of locating, purchasing and delivering the item(s) you have ordered through Fashion Delivery
      • The Fashion Delivery Fee is non-cancelable and non-refundable.
    • Items Fashion Delivery Delivers:
      Fashion Delivery only delivers apparel, shoes, bags, and accessories.
  • Product and Service Availability:
    • We may refuse orders if the daily order capacity is exceeded.
    • Merchandise availability may vary between stores and online. If an item is not available at the physical store locations for same day delivery, Fashion Delivery will notify you by email and cancel the item from your order. You will not be charged for cancelled items.
    • Inventory Changes:
      • Fashion Delivery cannot guarantee that an item indicated as “available” and/or “in-stock” in Customer Approval email and/or website will actually be delivered the same day, as inventory availability may continually change.
      • In rare cases, a product may be “available” when you place an order, and sold out by the time Fashion Delivery attempts to process the order. If Fashion Delivery determines that a product you wish to purchase is no longer available, the item will be cancelled from your order. Fashion Delivery will notify you by email and you will not be charged for the item.
    • Online Only/Web Exclusive/Pre-Order Merchandise:
      • All Fashion Delivery orders are filled through physical store locations to enable same day delivery. The following items are not available at the physical store locations to be delivered the same day; therefore, cannot be ordered via Fashion Delivery:
        • Pre-order merchandise; and
        • Online Only/Web Exclusive merchandise
    • Revisions to Placed Orders
      • Once an order is placed, no additions, reductions, or changes may be made.
      • Additional item requests will be treated as new orders and subject to additional Fashion Delivery fees
  • Delivery and Tax
    • Fashion Delivery’s service delivery area can be viewed at www.fashiondelivery.net/customer-service(the “Delivery Area”).
    • All orders must be placed before 11:00 a.m. EST in order to be delivered by 9:00 p.m. EST the same day
    • Orders placed after 11:00 a.m. or on Sunday will be delivered the next business day
    • All orders will be delivered to your delivery address without any signature requests. If no one is available to accept the delivery; it will be left at the front door or a suitable place on the property, in our sole discretion.
    • The item retailer’s receipt will be emailed to you within 48 hours of delivery.
    • We will not deliver any item, and shall not be responsible for non-delivery, under following circumstances;
      • If a recipient’s address is incomplete or incorrect;
      • To post office boxes;
      • Use of incorrect ZIP codes; and/or
      • Omission of suite numbers, apartment numbers
    • An order will be considered undeliverable, and Fashion Delivery shall have no liability in the event:
      • You have not timely replied to Customer Approval email;
      • Your credit card is missing authorization for the Order Total, which is defined as the price of the ordered item(s) + Fashion Delivery Fee + applicable sales tax;
      • Your address cannot be located;
      • The order was destined outside of the Delivery Area;
      • If your delivery address is a commercial location, the place of business is closed; and/or
      • If a recipient does not accept the package
    • In the event of an undeliverable item, we will notify you about the refused package via email. We will give you the following options:
      • Return the item to you
      • We will deliver the order to the you within five businessdays of refused delivery
      • We will charge a Return to Sender Fee of $30 Return to Retailer, in which case we will return the items to the retailer and refund you for the price of the returned items. In addition, you will be charged a fee of $30.00 for each item returned to the retailer.
        • We will charge a Return to Sender Fee of $30 Return to Retailer, in which case we will return the items to the retailer and refund you for the price of the returned items. In addition, you will be charged a fee of $30.00 for each item returned to the retailer.
  • Customer Service and Our Responsibility
    • We are not responsible for the quality, color, fit of merchandise
    • We are not responsible for the loss or damage due to product, unavailability or quality of product
    • If the delivery is missing an item or is incorrect, please contact us at customerservice@fashiondelivery.net We will attempt to locate and deliver the missing item at no additional charge
    • If an item is damaged during transportation, you must notify us via email within 24 hours of delivery to facilitate an exchange. Your email must include the following information: complete shipper and recipient information, order number, date of delivery, number of items.
    • Your failure to notify us within 24 hours of delivery of any loss, damage, or incorrect items shall be conclusively deemed as an accepted and final delivery by you.

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3. PAYMENT

We reserve the right to change the Fashion Delivery Fee at any time. A valid credit card (VISA, MasterCard, Discovery or American Express) or PayPal account is required to pay for the Order Total. The Order Total fee will be charged upon our receipt of the Customer Approval Email. You hereby authorize us to charge your credit card (which you hereby acknowledge was entered by you as part of your order) to pay for the Order Total. You agree to be personally liable for all charges incurred by you during or through the use of the Fashion Delivery Service. Your liability for such charges shall continue after termination of your use of the Fashion Delivery Service.

In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Fashion Delivery Service, including without limitation all telephone access lines (including long-distance charges, when applicable), Internet service provider fees, telephone and computer equipment.
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4. MODIFICATIONS

Fashion Delivery may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting by Fashion Delivery on the Site. We will post or display notices of material changes on this Site and we may also e-mail you about these changes. Once we post them on Fashion Delivery Services, these changes become effective immediately and if you use the Fashion Delivery Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of the Fashion Delivery Services at any time, without any liability or obligation to you, with or without notice.
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5. PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of Fashion Delivery Services. If you have any questions regarding Fashion Delivery’s privacy practices, you may send your question to us by e-mail to customerservice@fashiondelivery.net
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6. OWNERSHIP AND PROPRIETARY RIGHTS

Fashion Delivery Services, including without limitation , all content, media and materials, all Fashion Delivery software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of Fashion Delivery Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed Fashion Delivery and/or its affiliates, and their Advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Our Content is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Fashion Delivery Services” includes “Content” as well.

Content on the Site is provided to you AS IS for your information and personal use only. Fashion Delivery Services contain Content of other Fashion Delivery licensors. You shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, without the express prior written consent of Fashion Delivery. Fashion Delivery authorizes you to access Content and grants you the right to use Fashion Delivery Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on Fashion Delivery Services including notices on any Content you download, transmit, display, print or reproduce from Fashion Delivery Services. Fashion Delivery reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of Fashion Delivery Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of Fashion Delivery Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.

You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from the Fashion Delivery Services, unless you are expressly authorized to do so by Fashion Delivery. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to Fashion Delivery servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Fashion Delivery grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Fashion Delivery reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. As an express condition of your use of the Fashion Delivery Services, you warrant to Fashion Delivery that you will not use Fashion Delivery Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. Fashion Delivery makes no representation that any Content is legal or appropriate for use outside of the United States or that it is authorized for export from the United States or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States from which you may access Fashion Delivery Services.

Fashion Delivery’s Content is protected by copyright, trademark, patent, trade secret and other laws, and Fashion Delivery owns and retains all rights to its Content and Fashion Delivery Services. We require Users to respect our copyrights, trademarks, and other intellectual property rights and those of others, including other Users. On notice, we will act expeditiously to remove content on the Fashion Delivery Services that infringes the copyright rights of others and will disable the access to Fashion Delivery Services, this Site and its services of anyone who uses them repeatedly to infringe the intellectual property rights of others.

The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (“marks”) on or of Fashion Delivery Services, including, without limitation, “Fashion Delivery, LLC” and “fashiondelivery.net”, are the intellectual property of, and proprietary to Fashion Delivery, LLC, its affiliates, its or their Advertisers (as defined below), suppliers and others with whom these entities may do business. You have no right to use any of these marks or any confusingly similar marks for any purpose without the express prior written consent of Fashion Delivery.
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7. PROFILES AND POSTINGS

Fashion Delivery Services may contain message and communication facilities (“Profiles”) that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users and/or with us and these are referred to in this Agreement as a “Post” or “Posting,” and are collectively (“User Submissions”). You understand that whether or not such User Submissions are published, Fashion Delivery does not guarantee any confidentiality with respect to any submissions. Fashion Delivery reserves the right at all times, but does not have the obligation to edit, refuse to post, or to remove any Posting, in whole or part, that Fashion Delivery deems inappropriate for inclusion in the Profiles, for any reason or for no reason. Fashion Delivery may delete any Content that in the sole judgment of Fashion Delivery violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Fashion Delivery assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time Fashion Delivery chooses, in its sole discretion, to monitor Fashion Delivery Services, Fashion Delivery nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

We do not endorse and have no control over the User Submissions. You understand that when using Fashion Delivery Services, you will be exposed to User Submissions from a variety of sources, and that Fashion Delivery is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You use the Profiles solely at your own risk; you are solely responsible for the Content that you post on or through any of Fashion Delivery Services, and any material or information that you transmit to other Members and for your interactions with other Users. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fashion Delivery with respect thereto, and agree to indemnify and hold Fashion Delivery, its owners and Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Fashion Delivery Services. Fashion Delivery neither endorses nor controls user Postings available, delivered or displayed in the Profiles and Fashion Delivery assumes no duty to monitor or endorse Postings within the Profiles, nor does Fashion Delivery represent or guarantee the truthfulness, accuracy or reliability thereof or that any Posting complies with the terms or conditions of this Agreement and you should never rely upon any Posting as being true, accurate or reliable.
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8. ADVERTISING

From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partners (“Advertisers”) as a result of or in connection with your use of Fashion Delivery Services or a hyperlinked site. All such communication, interaction and participation is strictly and solely between you and the Advertiser involved and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Fashion Delivery will not be a party to or is in no way responsible for monitoring any transaction between you and an Advertiser. You should use your best judgment and exercise caution where appropriate.
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9. RULES OF CONDUCT

Your use of Fashion Delivery Services is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your use of the Fashion Delivery Service. The following is a partial list of the kind of Content and activity that is illegal or prohibited to post on or through the Services. Fashion Delivery reserves the right to investigate and take appropriate legal action against anyone who, in Fashion Delivery’s sole discretion, violates this provision, including without limitation, removing the offending communication from Fashion Delivery Services and terminating the accounts of such violators; and/or reporting you to law enforcement authorities. You shall not use, allow, or enable others to use Fashion Delivery Services, or knowingly condone use of Fashion Delivery Services by others, in any manner that is, attempts to, or is likely to:

1) affect us adversely or reflect negatively on us, Fashion Delivery, Fashion Delivery Services, this Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of Fashion Delivery Services, or from advertising, linking or becoming a supplier to us in connection with the Fashion Delivery Services;

2) further or promote any criminal or tortious activity or enterprise;

3) use the Fashion Delivery Services in a manner inconsistent with any and all applicable laws and regulations;

4) transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancel-bots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;

5) interfere with, disrupt, or create an undue burden on the Fashion Delivery Services or the networks or services connected to the Services;

6) any automated use of the system, such as using scripts to add friends;

7) gain unauthorized access to Fashion Delivery Services, other users’ accounts, names, User IDs, personally identifiable information or other computers, websites or pages, connected or linked to Fashion Delivery Services or to use Fashion Delivery Services in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or

8) modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of Fashion Delivery Services or the rights or use and enjoyment of Fashion Delivery Services by any other person, firm or enterprise.
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10. PROMOTIONS

From time to time, Fashion Delivery, its affiliates, or Fashion Delivery Services service providers, suppliers, and Advertisers may conduct promotions on or through the Fashion Delivery Services, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement; provided, however, if there is any conflict between the Rules for any particular Promotion and these Terms of Use, the Rules shall govern for that Promotion.
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11. HYPERLINKS TO THIRD PARTY SITES

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on Fashion Delivery Services or any other form of link or re-direction of your connection to, with or through Fashion Delivery Services, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of Fashion Delivery, its Affiliates or any of its or their respective officers, directors, employees, agents, representatives, licensors, suppliers, and service providers, successors and permitted assigns. We do not verify, endorse, or have any responsibility for, any such third party sites, their business practices (including the Privacy Policy), or any goods or services associated with or obtained in connection with any such site, whether Fashion Delivery or any affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement.

We do not endorse, approve, certify, or control individuals, institutions or organizations independent of Fashion Delivery, including those who post or advertise using Fashion Delivery Services, and do not guarantee the accuracy, completeness, efficacy, timeliness, correct sequencing of information, and similar information that is located at such third party addresses.

If any third party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Fashion Delivery collects and uses your Personal Information and co-branding relationships.

These Terms of Use apply to all users of Fashion Delivery Services, including users who are also contributors of information, and other materials or services on the Site. Fashion Delivery Services may contain links to third party websites that are not owned or controlled by Fashion Delivery. Fashion Delivery has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Fashion Delivery will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Fashion Delivery from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave this Site and to read the terms and conditions and privacy policy of each other website that you visit.
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12. DISCLAIMER AND LIMITATIONS OF LIABILITY

FASHION DELIVERY SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, FASHION DELIVERY MAKES AND PROVIDES NO GUARANTY OR ASSURANCE FASHION DELIVERY SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, FASHION DELIVERY IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF FASHION DELIVERY SERVICES OR ANY SITES LINKED TO FASHION DELIVERY SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING FASHION DELIVERY SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH FASHION DELIVERY SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FASHION DELIVERY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF FASHION DELIVERY SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Fashion Delivery, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you for the services and/or products involved and to terminate and discontinue your use of Fashion Delivery Services. You further understand and acknowledge the capacity of Fashion Delivery Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Fashion Delivery assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with any Postings and you are hereby expressly advised not to rely upon the timeliness or performance of Fashion Delivery Services for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

Fashiondelivery.net is controlled and offered by Fashion Delivery from its facilities in the United States of America. Fashion Delivery makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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13. INDEMNIFICATION

You agree to indemnify, defend and hold Fashion Delivery, its affiliates, subsidiaries and its and their respective officers, directors, members, managers, partners, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys’ fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of Fashion Delivery Services or your unauthorized use of any Content; or (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Use and your use of the Fashion Delivery Services.

Fashion Delivery reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Fashion Delivery in the defense of any such claim, action, settlement or compromise negotiations, as requested by Fashion Delivery.
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14. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, including, without limitation, our Privacy Policy, any Rules and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and Fashion Delivery and supersedes any and all prior, inconsistent or other understandings relating to Fashion Delivery Services and your use of Fashion Delivery Services. This Agreement cannot be modified, changed or terminated, except as specifically described in Section 2. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of Fashion Delivery Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of Fashion Delivery Services shall be governed by, construed and enforced in accordance with the substantive laws of the State of New Jersey applicable to contracts made, executed and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of New Jersey and County of Bergen and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Fashion Delivery has the right to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF FASHION DELIVERY SERVICES OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. YOU AND FASHION DELIVERY SERVICES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITEF MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
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Copyright ©2013 Fashion Delivery.com, LLC – All Rights Reserved.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE


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