TERMS OF SERVICE
THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THESE TERMS OF SERVICE AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CAREFULLY.
BUY GOWN INC. (together with Our affiliates, “BUY GOWN”, “We”, “Us”, or “Our”) provides access to a marketplace for online sales of luxury resale items and via brick-and-mortar locations. These Terms of Service (these “TERMS OF SERVICE”) (available at https://www.buygown.co/terms) govern Your access to and use as an end user (“User”, “You” or “Your”) of Our website (available at https://www.buygown.co), any other websites that link to these TERMS OF SERVICE, and any associated features, functionalities, user interfaces, downloads, mobile applications, Content (as defined below), and other online services that We operate or control (collectively, the “Service”). Your use of the Service is also governed by our TRUE COURTESY Community Guidelines, which outline the expected standards of behavior and interactions within the Buy Gown community.
BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, OUR TRUE COURTESY COMMUNITY GUIDELINES, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY, AND THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR TRUE COURTESY COMMUNITY GUIDELINES, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY, YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY WAY.
These TERMS OF SERVICE incorporate Our Privacy Policy (available at http://www.buygown.co/privacy) (“Privacy Policy”). In addition, consumer consignors (or sellers) are subject to the Consignment/Sales Agreements governing consumer consignment or sale of items on the Service (available for Basic Sales Package Agreement at www.buygown.co/bspa, for New Yorker Sales Package Agreement at www.buygown.co/nyspa, for Consignment Package Sales Agreement at www.buygown.co/cspa (collectively, “Additional Terms”).
1. ELIGIBILITY
In order to use the Service, You must be 18 years or older and not barred from receiving services under U.S. laws or other applicable jurisdictions. If You are under the age of 18, You are prohibited from accessing or using the Service. You may not have more than one active Account (defined below). Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. If You do not meet the foregoing eligibility requirements, You may not use the Service. You are not permitted to access the Service if Your Account has been suspended or removed by Us for any reason.
2. PRIVACY
By accessing or using the Service, You acknowledge and accept Our Privacy Policy (available at http://www.buygown.co/privacy), which discloses how We collect, use, and share information about You. You expressly consent to the collection, use, and disclosure of Your personal data in accordance with Our Privacy Policy and any applicable data protection laws and regulations.
3. CONTENT LICENSE; OWNERSHIP
(a) License The Service contains a variety of: (1) materials and other items relating to Us and Our products and services, and similar items from Our licensors and other third parties, including digital content, products, services, and materials that may be developed or otherwise made available from time to time for You to view, purchase, or download, all layout, information, articles, reports, posts, text, data, files, images, scripts, designs, graphics, descriptions, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (2) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including Us (collectively, “Marks”); and (3) other forms of intellectual property (all of the foregoing, collectively, “Content”).
(b) Limited License Content is licensed, not sold, to You by Us. Subject to Your strict compliance with these TERMS OF SERVICE, Our TRUE COURTESY Community Guidelines, and any Additional Terms, We hereby grant to You a limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to view, download (in temporary storage only), and display the Content (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on supported devices for Your personal use or internal business purposes solely through the Service (the “Limited License”). The Limited License will remain in effect until and unless We or You terminate the license.
(c) Ownership All right, title, and interest in and to the Service is Our property or Our licensors or certain third parties’ property, all of which is protected by U.S. and international intellectual property laws. Except as explicitly stated in these TERMS OF SERVICE, We, Our licensors, and such other third parties reserve all rights in and to the Service.
4. YOUR ACCOUNT
(a) Account Security In order to access the Service, You may need to sign-up or otherwise create an account with the Service (an “Account”), for yourself or on behalf of a company, organization, entity, or brand (a “Company”) or use Your or Your Company’s credentials (e.g., username and password) if provided from a third-party social media or other platform (e.g., Google, Facebook, etc.). You represent, warrant, and covenant that all information You provide in connection with creating, accessing, and using Your Account is accurate, current, and complete. You will promptly update such information if it changes at any point. If You provide any information that is or becomes (or if We have reasonable grounds to suspect that such information is) false, inaccurate, outdated, or incomplete, or violates these TERMS OF SERVICE, the Privacy Policy, Additional Terms, TRUE COURTESY Community Guidelines, or any applicable law, We may suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for maintaining the confidentiality of Your Account credentials. You accept sole responsibility for all activities that occur under Your Account, username, or password–whether or not You authorized the activity–and You will not sell, transfer, or assign Your Account or any Account rights to any third party. Because of this, We strongly recommend that You exit from Your Account at the end of each session. You must notify Us immediately of any unauthorized use of Your Account or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with Your responsibilities in this Clause.
(b) Account Authorization If You register an Account on behalf of a Company, the terms “You” and “Your,” as used throughout these TERMS OF SERVICE apply to both You and the Company. You represent and warrant that You are authorized to grant all permissions and licenses provided in these TERMS OF SERVICE (and any Additional Terms) and to bind the Company to these TERMS OF SERVICE (and any Additional Terms).
(c) Account Preferences We may offer You the ability to set preferences relating to Your Account or Service activities, but settings may not become effective immediately or be error-free, and options may change from time to time.
5. USER-SUBMITTED POSTINGS
(a) General The Service may provide You with the ability to create, post, upload, display, publish, transmit, broadcast, share, or otherwise make available content, including messages, text, illustrations, files, images, graphics, photographs, ratings, reviews, questions, products, listings, descriptions, and images of goods or services, resources, or other information or materials (together, “Postings”). We are under no obligation to screen, edit, or monitor any Postings and assume no responsibility or liability relating to any such Postings. However, We may delete or remove Postings, with or without notice, at any time and for any reason.
(b) Restrictions You acknowledge that You are responsible for any Postings You may submit through the Service, including the legality, reliability, appropriateness, originality, and copyright of any such Postings. Each time You submit a Posting, You represent and warrant that You are not submitting any Posting that:
• is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, misleading, non-compliant advertising, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically, or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
• may contain software viruses or malware, corrupted data, or other harmful, disruptive, or destructive files or content;
• contains or depicts any statements, remarks, or claims that do not reflect Your honest views and experiences or is designed to impersonate others or misrepresent Your affiliation with any person or entity;
• contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses, or employer references), except where We expressly ask You to provide such information or contains private or personal information of a third party without such third party’s consent;
• contains messages by any of Our employees (that are not official spokespersons for Us) purporting to speak on behalf of Us or containing confidential information or expressing opinions concerning Us or the Service;
• contains multiple messages placed within individual folders by the same User restating the same point;
• contains chain letters of any kind, any unsolicited promotions, political campaigning, advertising or solicitations or other commercial content;
• in Our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Service, or that may expose Us or others to any harm or liability of any type;
• contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (1) using the invitation functionality that may be available on the Service to send messages to people who do not know You or who are unlikely to recognize You as a known contact; (2) using the Service to connect to people who do not know You and then sending unsolicited promotional messages to those direct connections without their permission; or (3) sending messages to distribution lists, newsgroup aliases, or group aliases;
• violates these TERMS OF SERVICE, the Privacy Policy, the TRUE COURTESY Community Guidelines, or any Additional Terms.
(c) Postings License You hereby grant Us a perpetual, irrevocable, worldwide, royalty-free, transferable, non-exclusive, unrestricted, unconditional, fully-paid license to use, copy, reproduce, distribute, publicly display, modify, adapt, publish, translate, sell, resell, sublicense (through multiple tiers), create derivative works from, and otherwise use and exploit all or any portion of Your Postings (and derivative works thereof) for any lawful purpose. Except as prohibited by law, You hereby waive, and You agree to waive, any moral rights (including attribution and integrity) that You may have in any Postings, even if it is altered or changed in a manner not agreeable to You. To the extent not waivable, You irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
(d) Publicity License To the extent necessary, when You appear in or contribute Postings, You also grant Us the unrestricted, worldwide, royalty-free, perpetual right and license to use Your name, image, likeness, and voice. This means, among other things, that You will not be entitled to any compensation from Us if Your name, image, likeness, or voice is conveyed on or through the Service.
(e) Non-Confidentiality When You submit Postings on or through the Service, You understand that Your Postings and any associated information (such as Your username or photos) may be visible to other Users. Consequently, (a) Your Postings will be treated as non-confidential – regardless of whether You mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) We do not assume any obligation of any kind to You or any third party with respect to Your Postings.
6. PROHIBITED CONDUCT
You are solely responsible for Your conduct while accessing or using the Service and in addition to the “Restrictions” in Clause 5(b) above, You are also expected to comply with Our TRUE COURTESY Community Guidelines, which outline acceptable behavior and standards for interactions on Our platform. Violations of these guidelines, as well as any of the following actions, may result in suspension or termination of Your access to the Service:
• Selling, renting, leasing, distributing, broadcasting, publicly performing, publicly displaying, sublicensing, or otherwise assigning any rights to the Service or any portion of it to any third party;
• Removing or modifying any proprietary notices or labels on the Service or otherwise making any derivative uses of the Service;
• Caching, creating unauthorized hypertext links to the Service, or framing any Content;
• Using any data mining, robots, or similar data gathering and extraction tools, or bypassing or ignoring instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;
• Using Marks as metatags on other pages or sites on the Internet;
• Using or attempting to use another User’s Account without authorization from that User and Us;
• Using the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner;
• Reverse engineering any aspect of the Service or doing anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;
• Attempting to circumvent any content-filtering or access restriction techniques We employ or attempting to access any feature or area of the Service that You are not authorized to access;
• Copying, downloading, redistributing, reproducing, “ripping”, recording, transferring, displaying to the public, broadcasting, or making available to the public or another vendor or third party any part of the Service, or otherwise making any use of the Service not expressly permitted under these TERMS OF SERVICE, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;
• Developing or using any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or
• Violating any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.
7. AUTHENTICATION AND BRANDS
7.1 Independent Authentication Process Our product authentication procedure (located at https://www.buygown.co/authenticity) is conducted independently and in-house by Our team of specialists, who utilize industry-recognized methodologies and standards. This process is performed to the best of Our ability and knowledge, aiming to ensure the accuracy and authenticity of the products listed on Our platform. However, it is important to note that the results of Our authentication process are not infallible, and BUY GOWN does not guarantee the accuracy, completeness, or authenticity of any product verified through the Service.
7.2 Non-Affiliation with Brands The brands identified on or through the Service: (1) have no involvement in the authentication of products sold through the Service, and (2) assume no responsibility for the authenticity, quality, or safety of the products purchased on or through the Service. These brands are not partners, affiliates, sponsors, or in any way associated with BUY GOWN, and any references to brand names are solely for descriptive purposes to identify the products being sold.
7.3 Cooperation with Law Enforcement and Brand Owners While BUY GOWN is not affiliated with any brands, We fully cooperate with brand owners and law enforcement agencies in efforts to identify and prevent the sale of counterfeit or unauthorized goods. In compliance with court orders or directives from law enforcement, We may disclose the contact information of consignors who are suspected of submitting counterfeit, infringing, unapproved, suspicious, potentially stolen, or unauthorized products. This may include disclosure to brand owners or their representatives when such actions are legally mandated.
7.4 Verification Disclaimer Our verification process has been conducted with diligence and adherence to current industry standards. However, due to the inherent limitations of any verification process, BUY GOWN cannot and does not warrant or guarantee the results. We expressly disclaim any liability for inaccuracies, errors, or oversights that may occur during the verification process. Buyers and consignors are strongly advised to perform their own independent due diligence before finalizing any transactions through the Service.
7.5 Brand Authenticity Disclaimer BUY GOWN conducts authenticity checks as an independent entity, using methods recognized within the industry. We are not affiliated with, endorsed by, or authorized by any of the brands sold on our platform. The authenticity verification performed by BUY GOWN does not constitute a certification, endorsement, or guarantee by the original brand. BUY GOWN shall not be held liable for any claims, disputes, or damages arising from the authenticity of an item, except to the extent of our verification process. All users of the Service are encouraged to seek additional verification and perform their own due diligence when buying or selling items on the platform.
8. DISCLAIMER OF WARRANTIES
YOUR ACCESS TO, AND USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.
9. LIMITATION OF LIABILITY
9.1 GENERAL LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BUY GOWN PARTIES (AS DEFINED BELOW) SHALL NOT BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF THE BUY GOWN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY APPLIES IRRESPECTIVE OF THE CAUSE OR DURATION OF THE LOSS OR DAMAGES, AND REGARDLESS OF WHETHER SUCH LOSS OR DAMAGES ARISE OUT OF OR RELATE TO: (I) YOUR USE OR INABILITY TO USE THE SERVICE; (II) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS, CONDUCT, OR OMISSIONS OF ANY THIRD PARTY ON THE SERVICE; (IV) ANY OTHER MATTER RELATING TO THE SERVICE OR THESE TERMS OF SERVICE; OR (V) YOUR USE OF THIRD-PARTY SERVICES OR PRODUCTS ACCESSED THROUGH THE SERVICE.
9.2 COMPREHENSIVE LIMITATION OF LIABILITY
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, BUY GOWN EXPLICITLY DISCLAIMS ANY AND ALL LIABILITY, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, DATA, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE OR THE PURCHASE OR SALE OF ANY PRODUCTS THROUGH THE SERVICE, EVEN IF BUY GOWN HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES TO ALL POTENTIAL CLAIMS, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM: (I) THE AUTHENTICITY OF PRODUCTS LISTED OR SOLD ON THE SERVICE; (II) THE CONDUCT, ACTIONS, OR OMISSIONS OF OTHER USERS, CONSIGNORS, OR BUYERS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE; AND (IV) ANY OTHER USE OF THE SERVICE OR RELIANCE ON ANY CONTENT AVAILABLE THROUGH THE SERVICE.
9.3 AGGREGATE LIABILITY CAP
EXCEPT AS MAY BE EXPLICITLY PROVIDED IN ANY ADDITIONAL TERMS AGREED UPON IN WRITING BY BUY GOWN, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE BUY GOWN PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) ONE THOUSAND US DOLLARS ($1,000.00); OR (B) THE TOTAL AMOUNT ACTUALLY RECEIVED BY BUY GOWN FROM YOU AS A RESULT OF THE SALE OF YOUR PROPERTY THROUGH THE SERVICE IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
9.4 NON-EXCLUDABLE LIABILITY
NOTWITHSTANDING ANY OF THE FOREGOING, THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS ARTICLE 9 SHALL NOT APPLY TO THE EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR: (I) DAMAGES ARISING FROM A GROSSLY NEGLIGENT OR INTENTIONAL BREACH OF DUTY BY BUY GOWN OR ITS LEGAL REPRESENTATIVES; (II) ANY OTHER CIRCUMSTANCES WHERE LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW; OR (III) ANY VALID AUTHORSHIP WARRANTY CLAIMS UNDER THE FINE ART CONDITIONS OF SALE, BUT ONLY TO THE EXTENT EXPRESSLY PROVIDED THEREIN. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
10. INDEMNITY
To the fullest extent permitted by applicable law, you agree to indemnify, defend (at Our sole discretion), and hold harmless BUY GOWN and its officers, directors, employees, agents, third-party providers, licensors, partners, successors, and assigns (individually and collectively, the “BUY GOWN Parties”) from and against any and all claims, demands, actions, suits, investigations, arbitrations, proceedings, liabilities, losses, damages, fines, penalties, costs, and expenses of any kind whatsoever (including, but not limited to, reasonable attorneys’ and experts’ fees) that arise out of or relate to:
• Your access to or use of the Service, including any Third-Party Materials;
• Your actual or alleged breach of these Terms of Service, TRUE COURTESY Community Guidelines, or any Additional Terms;
• Your Postings and the BUY GOWN Parties’ use of any information or content that You submit to Us;
• Any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence, or any other violation of applicable laws or regulations in connection with Your use of the Service or Your activities in connection with the Service;
• Any claim that Your Postings or other content You submit to the Service infringes, misappropriates, or otherwise violates any intellectual property rights, privacy rights, or any other rights of any third party; and
• Any act or omission by You that results in injury to, damage to, or interference with the rights, property, or operations of the BUY GOWN Parties or any third party.
The BUY GOWN Parties reserve the right, at Our sole discretion, to assume the exclusive defense and control of any claim, demand, action, suit, or proceeding, and You agree to fully cooperate with Us in asserting any available defenses. You shall not settle or resolve any claim, demand, action, suit, or proceeding without the prior written consent of BUY GOWN, which may be withheld in Our sole discretion.
For the avoidance of doubt, if You are accessing or using the Service on behalf of a company or other legal entity, Your obligations under this indemnity clause will extend to any claims arising from the acts, omissions, or conduct of Your employees, consultants, agents, or representatives.
Furthermore, if You are a resident of California, You hereby expressly waive any rights or protections You may have under California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You also waive any similar rights or protections under the laws of any other jurisdiction that may apply.
11. FORCE MAJEURE
We will be excused from performance under these TERMS OF SERVICE to the extent We are prevented from, or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (c) quarantines, epidemics, pandemics, (d) embargoes or labor strikes, (e) software, computers, electronics malfunction, and/or (f) delays or failures caused by transportation issues, supply chain disruptions, labor shortages, or interruptions, (g) changes in laws or regulations, actions by governmental authorities, (h) Your failure to comply with its obligations under this Agreement, or (I) any other causes beyond Our reasonable control. In the event that We are temporarily unable to ship to You a purchased item because of such an event, We will give You the option of deferring shipment or receiving a refund of Your charges if and as applicable in accordance with Our then-current policies.
12. DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER
PLEASE READ THIS CLAUSE CAREFULLY TO UNDERSTAND YOUR RIGHTS BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
(a) Scope For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability, or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”), will be resolved by the processes and procedures described in this Clause, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury.
EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE RESOLVED IN COURT.
(b) Amicable Resolution In the event of a Dispute, You will negotiate in good faith with Us to informally resolve the Dispute. You may notify Us of a Dispute by emailing Us at info@buygown.co or by writing a letter to The BUY GOWN INC., 2305 Coney Island Ave, Suite 2D, 2nd Fl, Brooklyn, NY 11223 United States. The notice must specifically describe the nature of the Dispute and the relief You seek. The parties will have ninety (90) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as the parties may agree in writing). If the Dispute is not resolved satisfactorily within ninety (90) days after either party receives notice from the other party in accordance with “Notices” at Clause 21 below, either You or We can submit the Dispute to binding arbitration in accordance with the arbitration provisions below.
(c) Binding Arbitration Except for any consumer controversy or claim properly filed and pursued in small claims court on an individual basis (as explained in “Small Claims Court Option” in Clause 12(d) below), any Dispute that remains unresolved after an attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or We may commence confidential binding arbitration under the terms in this Clause. The arbitration will be administered by the American Arbitration Association (AAA) under the following rules: (1) if You entered into these TERMS OF SERVICE individually, its Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by these TERMS OF SERVICE, and (2) if You entered into these TERMS OF SERVICE as a Company or as a representative of a Company, by its Commercial Arbitration Rules. The place of arbitration will be held exclusively in New York, NY. The arbitration will be conducted by a single arbitrator, selected by the AAA, in accordance with the applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitration may be held by teleconference or videoconference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel, the expense, and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrator. The arbitrator’s decision(s) will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these TERMS OF SERVICE, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.
(d) Small Claims Court Option for Consumer Individuals If You entered into these TERMS OF SERVICE individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration.
(e) Litigation and Class Action Waiver BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY, OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER WILL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR APPOINTED BY THE AAA, PURSUANT TO THE APPLICABLE ARBITRATION RULES, AS DETAILED IN THIS Clause 12. Adherence to the TRUE COURTESY Community Guidelines is a condition of using the Service, and any violations may impact the resolution of disputes under this clause.
(f) Injunctive Relief Notwithstanding any of the foregoing, (1) You or We may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures will not be deemed incompatible with the arbitration provision in this Clause or a waiver of the right to arbitrate; and (2) if You are subject to a version of the TERMS OF SERVICE with Us that contains a different arbitration provision, then the terms of such other arbitration provision will govern disputes arising out of or related to the TERMS OF SERVICE or any aspect of the relationship between You and Us, rather than the terms of this Clause 12.
(g) Severability Should any portion of this Clause 12 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Clause 12, which will remain in full force and effect. If the severance of any portion of Clause 12 results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.
13. GOVERNING LAW AND VENUE
These TERMS OF SERVICE (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of New York, without regard to conflict of law rules or principles (whether of New York or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of New York and the United States, respectively, sitting in Kings County, New York. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these TERMS OF SERVICE, the Service, or the listing, marketing, offer, or sale of property through the Service. For European Union (“EU”)-based consumers, this choice of law provision applies to the extent that no mandatory consumer protection rules laid down in the EU or national EU member state laws provide for greater consumer protection, in which case, such other laws will apply.
14. ELECTRONIC COMMUNICATIONS
(a) Express Consent When You create an Account with Us and provide Your email address and/or mobile phone number and/or when You communicate with Us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about Your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and Your relationship with Us.
You represent that You are the Account holder for the mobile telephone number(s) and email address that You provide. If You change Your mobile telephone number(s) or email address, you will notify Us immediately by updating Your number and email address in My Account.
Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to You electronically and/or in these TERMS OF SERVICE satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
(b) Messages You May Receive From Us And Opting Out We and Our service providers may use automated or manual means to deliver text messages to You if you have a U.S. phone number. Text messages providing You information about orders, items You are selling, or Your Account are sent through Our primary program (“Service and Support”), while marketing reminders, cart reminders, selling tips, The BUY GOWN-sponsored events, promotions, product launches, and marketing messages related to Our goods and services are sent through a secondary program (“Marketing Communications”).
You may opt out of these communications at any time. Consent to receive marketing text messages and other electronic communications is not required to purchase any goods or services. You may opt out of any or all text messages, calls, emails, push notifications, and/or other electronic communications via emailing us at info@buygown.co. You may turn off our push notifications in your phone or computer settings. If you do not have a mobile telephone service rate plan with unlimited text messaging, text message and data rates may apply to each text message you or we send or receive. Please contact Your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending Our text messages.
15. PAYMENT AND BILLING
We may make available the ability to purchase or otherwise obtain certain products or services through the Service (each, a “Transaction”). In order to make a Transaction, You may be asked to supply certain relevant information, such as Your credit card number and its expiration date (or other acceptable payment method that We make available to You from time to time), Your billing address, and Your shipping information. In the event that the amount of a Transaction exceeds the total credit or funds available for purchase in Your payment account, You may be subject to overdraft or non-sufficient funds charges by the bank issuing Your payment method. We are not responsible for these charges and are unable to assist You in recovering them from Your issuing bank.
Payment processing services are provided by Shopify (available at https://shopify.com) and are subject to the Shopify Payment Terms of Service (available at https://www.shopify.com/legal/terms-payments/us). By agreeing to these terms or continuing to use the Services, You agree to be bound by the Shopify Services Agreement, as the same may be modified by Shopify from time to time. As a condition of Us enabling payment processing services through Shopify, You agree to provide Us accurate and complete information about You and your business, and you authorize Us to share it and transaction information related to Your use of the payment processing services provided by Shopify.
By providing a credit card or other acceptable payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or Our third-party payment processor) to charge Your payment method for the total amount of Your Transaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of any Transaction. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, We will notify You of the issue, and if We are unable to resolve the issue, Your order may be suspended or terminated. If You want to change or update payment information associated with Your Account, You can do so at any time by logging into Your Account and editing Your payment information.
By making a Transaction, You represent that the applicable products or services will be used only in a lawful manner.
16. THIRD-PARTY MATERIALS AND LINKED SITES
The Service may display, include, or make available Content, data, information, applications, plugins, products, services, listings, descriptions, and images of goods or services, resources, or materials from third parties or provide links to certain third-party websites or applications (collectively, “Third-Party Materials”). Any activities in which You engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of such Third-Party Materials. Third-Party Materials are provided solely as a convenience to You. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party.
17. CHANGES TO THESE TERMS OF SERVICE
We reserve the right to make changes to Our TERMS OF SERVICE and Additional Terms at any time. If We make a material modification to these TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or the Additional Terms, We will notify You by: (1) sending an email to the address associated with Your Account (but note that We are not responsible for Your failure to receive an email due to the actions of Your ISP or any email filtering service); therefore, You should add www.buygown.co to the list of domains approved to send You email (commonly known as Your “whitelist”); or (2) displaying a prominent announcement above the text of these TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or the Additional Terms, as appropriate, for thirty (30) days, with (1) or (2) being deemed sufficient notification to You of such changes. After notice of a modification to the TERMS OF SERVICE, TRUE COURTESY Community Guidelines, or the Additional Terms has been posted for 30 days, the notice may be removed. If You choose to continue using the Service after receipt of the notice under (1) above or after such thirty (30) day period in (2) above, You accept the new TERMS OF SERVICE, TRUE COURTESY Community Guidelines, and Additional Terms, as relevant. Except for changes by Us as described here, no other amendment or modification of these TERMS OF SERVICE will be effective unless in writing and signed by both You and Us.
If We make a change to Our Privacy Policy, We will follow the process described in Our Privacy Policy.
If You have any questions or comments about these TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or the Service, please contact Us by email at info@buygown.co. You also may write to Us at: The BUY GOWN INC., 2305 Coney Island Ave, Suite 2D, 2nd Fl, Brooklyn, NY 11223 United States.
18. PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
(a) Copyright Notices We respect the intellectual property rights of others, and You must do the same when using the Service. We may, in appropriate circumstances and at Our discretion, disable and/or terminate the Accounts of Users who infringe or are believed to be infringing the intellectual property rights of third parties. If You believe that a Posting or Content on the Service infringes any copyright that You own or control, please send a notice of alleged copyright infringement (a “Copyright Notice”) to us at info@buygown.co:
• a legend or subject line that says: “Copyright Notice”;
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
• a description of the copyrighted work that You claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• a description of where the material that You claim is infringing is located on the Service (please be as detailed as possible and provide the URL on which the material appears);
• Your full name, address, telephone number, and email address;
• a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by You, made under penalty of perjury, that the above information in Your Copyright Notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
The Copyright Notice must be sent to The BUY GOWN INC. via physical mail or email at the following addresses: The BUY GOWN INC.: 2305 Coney Island Ave, Suite 2D, 2nd Fl, Brooklyn, NY 11223 United States. Email Address: info@buygown.co
Please note that if You knowingly misrepresent that any activity or material (including Content or Postings) on the Service is infringing, You may be liable to Us for certain costs and damages.
If We are notified by a copyright holder that any Content or Posting infringes a copyright, We may in Our sole discretion remove such Content or Posting from the Service, or take other steps that We deem appropriate, without prior notification to the User or other party who supplied or posted that Content or Posting. If such User or other party believes that the Content or Posting is not infringing, that User may in certain circumstances submit a counter-notification to Us with a request to restore the removed Content or Posting, which We may or may not honor, in Our sole discretion.
(b) Counter-Notifications If access to Your Postings through the Service is disabled or Your Posting is removed from the Service as a result of a Copyright Notice, and You believe that the disabled access or removal is the result of mistake or misidentification, then You may send a “Copyright Counter-Notification” to Our Designated Agent (as listed above). The Copyright Counter-Notification must contain the following information:
1. a legend or subject line that says: “Copyright Counter-Notification”;
2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the Service from which the material was removed or access to it disabled);
3. a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
4. Your full name, address, telephone number, e-mail address, and the username of Your Account;
5. a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the New York Eastern District, and that You will accept service of process from the person who provided copyright notification to Us or an agent of such person); and
6. Your electronic or physical signature.
Please note that if You knowingly misrepresent that any activity or material (including any Postings) on the Service was removed or disabled by mistake or misidentification, You may be liable to Us for certain costs and damages.
19. MODIFICATION OR TERMINATION OF SERVICE
We reserve the right, without notice and in Our sole discretion, to modify, suspend or cease making the Service (or any function, feature, or portion thereof) or the Content (or any portion thereof) available at any time, for any reason without any obligation or liability to You. The BUY GOWN specifically reserves the right to limit services to You, including Your ability to return purchases, if You engage in return abuse behavior as defined in our Returns Policy. Likewise, We reserve the right, without notice and in Our sole discretion, to suspend or terminate Your right to access or use the Service (or any portion thereof) for engaging in behavior prohibited by Our TRUE COURTESY Community Guidelines or these TERMS OF SERVICE. We are not responsible for any loss or harm related to Your inability to access or use the Service (or any portion thereof).
20. NOTICE OF EXCESSIVE RETURNS
The BUY GOWN operates on a three-strike policy for clients who exhibit high-risk return behavior. High-risk behavior is identified as:
• Returning 2 or more items;
• Returning purchases greater than $4,000;
• Overall return rate of 65%.
Strikes are not assessed in instances of BUY GOWN fault (example, an item was damaged or incorrectly listed).
If a strike is assessed, the client will be notified via email. The strike will automatically fall off the account after 12 months.
Clients who reach three strikes will be prohibited from making any returns, regardless of the reason, until the strikes fall off the account.
21. NOTICES
All notices under this Agreement must be in writing (which includes emails).
If You have any questions or comments about the TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or the Service or wish to terminate this Agreement, please contact Us in writing:
by email at: info@buygown.co. You also may write Us at: The BUY GOWN INC.: 2305 Coney Island Ave, Suite 2D, 2nd Fl, Brooklyn, NY 11223 United States
We will provide all notices to You at the email address or physical address that You have provided to Us. You are solely responsible for keeping that information current and accurate.
All agreements, notices, disclosures, and other communications that We provide electronically to You satisfy any legal requirement that such communications be in writing.
22. MISCELLANEOUS
If any term of these TERMS OF SERVICE is found by any court or arbitrator to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement. From time to time, We may offer special promotional offers which may or may not apply to Your Account. Headings are for reference purposes only and do not limit the scope or extent of such Clause. Any failure by You or Us to enforce any provision of these TERMS OF SERVICE will not constitute a waiver of such provision or of any other provision of these TERMS OF SERVICE. Except as otherwise expressly provided in these TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or any Additional Terms, there will be no third-party beneficiaries to these TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, or any Additional Terms. These TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, Our Privacy Policy, and any Additional Terms constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us with respect to the Service. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these TERMS OF SERVICE or Your access to and use of the Service. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, You must provide and are responsible for all equipment necessary to access the Service. Your rights and duties under these TERMS OF SERVICE (or any Additional Terms) are not assignable by You without Our written consent and any prohibited assignment is null and void. These TERMS OF SERVICE, the TRUE COURTESY Community Guidelines, and any Additional Terms will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns. Any provision of these TERMS OF SERVICE that imposes or contemplates continuing obligations on You or Us will survive the expiration or termination of these TERMS OF SERVICE.
23. SALES TAX
Purchases may be subject to sales, use, excise, and other taxes in some jurisdictions. It is Your responsibility to ascertain and pay all taxes due. If You are claiming exemption from sales tax, You must have the appropriate documentation on file with Us prior to the release of the item.
We display an “Estimated Tax” to be collected at checkout when confirming an order. The amounts displayed as estimated tax may then be updated later when Your order is finalized and completed.
24. PACKING AND SHIPPING
You are responsible for all shipping costs and fees. We will, at Your expense, either provide packing, handling, insurance, and shipping services or coordinate with shipping agents instructed by You in order to facilitate such services for property purchased from Us. As a courtesy to You, We will, without charge, wrap purchased items for hand carry only. Any such instruction, whether or not made at Our recommendation, is entirely at Your risk and responsibility and We will not be liable for acts or omissions of third-party packers or shippers. We will require presentation of government-issued identification prior to the release of a piece to You or Your authorized representative.