By using this website (“Site”), you signify your agreement to the terms of this Website Terms and Conditions of Use (“Agreement”). If you do not agree to the terms in this Agreement, you must not use the Site. The Company (defined below) may change the terms of this Agreement at any time, and your use of the Site after such change is posted will mean that you accept such change.
You agree that you will not, and will not permit others to: (i) damage, interfere with or unreasonably overload the Site; (ii) introduce into the Site any code intended to disrupt the Site; (iii) alter or delete any information, data, text, links, images, software, chat, communications and other content available through the Site (collectively, “Content”); (iv) access the Site by expert system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to derive financial benefit from Company; (vi) modify, reverse engineer, reverse assemble, decompile, copy or otherwise derive the source code of the Site for any reason; (vii) rent, sell or sublicense the Site; (viii) provide any unauthorized third party with access to the Site; (ix) access or attempt to access confidential Content through the Site; (x) interfere with the operation of the Site, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses; (xi) post any material in any form whatsoever on the Site that is defamatory, obscene or otherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Site; (xiii) engage in any activity that does not comply with applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Site; (xiv) use the manual or automated software, devices or other processes to “scrape,” “crawl,” “spider” or index any page of Content from the Site.
All right, title and interest in the Site and the Content belong to the Company or its licensors. Additionally, the Company shall maintain all right, title and interest in the “Style for Style Noire” mark and logo and any other marks, service marks, trademarks or logos of the Company and its affiliates (“Company Marks”). The Company Marks may not be used in connection with any product or service that is not the Company’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. You shall not mention or use the Company Marks in any ad text, extensions or banner ads without the express written consent of Company. All other trademarks not owned by the Company that are used in the Site are the property of their respective owners, who may or may not be affiliated with, connected to the Company.
The Site may contain links and pointers to other internet sites and resources, including, without limitation, third party Company merchants (“Third Party Partner Websites”) and third party social networking features, such as Facebook, Google or Instagram (“Third Party Social Networking Features”). Links to and from the Site from or to Third Party Partner Websites, Third Party Social Networking Features and other websites or locations maintained by third parties do not constitute an endorsement by the Company of any such third-party website or content. The Company is not responsible for the availability of these third-party resources or their contents. You should direct any concerns regarding any external link to the administrator of the applicable third-party website or location. Any use of Third Party Social Networking Features is subject to the terms and conditions and privacy policies of such third party.
Use of the site, including any products, merchandise or services included in this site, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
The site and all products, merchandise and services are provided “AS IS” and without warranties of any kind, either express or implied, including but not limited to any warranties of title, merchantability, fitness for a particular purpose or non-infringement. we make no warranty as to the quality, accuracy, completeness, completeness, reliability or validity of the site, or content, including, without limitation, any product search results, product descriptions, product availability, pricing information advice, opinion, statement, recommendations, reviews or other information displayed, uploaded or distributed in connection with the site.
Style for style noire, llc and its respective parents, subsidiaries and affiliated entities as well as each of its and their respective members, owners, partners, directors, officers, shareholders, members, employees and agents (“the company”) make no guarantees, communicated or suggested, and thus renounce and nullify every single other warranties, including without limitation, inferred guarantees or warranties of merchantability, fitness for a specific reason, or non-encroachment of licensed property or other infringement of rights. further, the company does not warrant or make any representations concerning the precision, likely results, or unwavering quality of the utilization of the materials on the site or generally identifying with such materials or on any destinations connected to the site.
Notwithstanding any term in this agreement, other applicable terms and conditions of the company or any act or failure to act by the company or its vendors, you are exclusively liable for any and all submitted content you transmit via the site.
in no event shall the company be liable for any breach in transaction security caused by a third party arising out of or relating to any attempt to purchase products, merchandise or services.
In no event shall the company or any vendor be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to use of or inability to use the site including, but not limited to, any transaction for products, merchandise or services. this limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if the company has been advised of the possibility of such damages. because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of the company in such jurisdictions shall be limited to the extent permitted by law. the maximum liability of the company or any vendor for any claim arising out of or in connection with the site, including but not limited to any products, merchandise or services available therefrom, is $50.
In no event shall the company be liable for any failure, interruption or error with respect to any aspect site, including the availability of any feature or functionality.
You hereby agree to indemnify and hold the Company harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (i) your use of the Site, including but not limited to the products, merchandise and/or services purchased via the Site or any Third Party Partner Websites; or (ii) any alleged breach of this Agreement by you. You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
The Company may change, suspend or discontinue any aspect of the Site at any time, including the availability of any product, merchandise, service, feature, database or content. The Company may also impose limits on certain offerings and features or restrict your access to parts, or the entirety, of the Site without notice or liability at any time in the Company’s exclusive discretion, without prejudice to any legal or equitable remedies available to the Company, for any reason or purpose, including, but not limited to, conduct that the Company believes violates this Agreement or other policies or guidelines posted on the Site or conduct which the Company believes is harmful to other customers, to the Company’s business or to other information providers. In addition, and without prejudice to any other remedy available to the Company, the Company may immediately terminate this Agreement if you breach any term of this Agreement or other operating terms set forth by the Company in the Site. This Agreement may also be immediately terminated at any time by the Company in its sole discretion.
Any and all disputes, claims or controversies arising out of or relating to this Agreement, the breach thereof, or any use of the Site (including all commercial transactions conducted through the Site or any Third Party Partner Websites) (“Claims”), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration before a single arbitrator appointed by the American Arbitration Association (“AAA”) in accordance with its then governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and the Company waive all rights to a trial by jury in any action or proceeding involving any Claim. The arbitration shall be held in Harris County, Texas, and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This arbitration provision shall survive termination of this Agreement.
Subject to the limitations set forth below, the arbitrator shall have authority to award legal and equitable relief available in the courts of the State of Texas, provided that: (1) The arbitrator shall not have authority to award punitive damages; and (2) Any and all claims shall be arbitrated on an individual basis only, and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and the Company agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis.
For any Claims that are not subject to arbitration: (i) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within Harris County, Texas (the “Forum”), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (ii) you and the Company waive any and all rights to trial by jury with respect to any Claims.
In the event that either party initiates a proceeding involving any Claim other than an arbitration in accordance with the terms herein, or initiates a proceeding involving a Claim other than in the Forum, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing this agreement to arbitrate and the Forum to which the parties have herein agreed.
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide the Company with written notice of the event or facts giving rise to the Claim within one (1) month of their occurrence.
Any and all Claims shall be governed by, and construed and interpreted in accordance with, the laws of the State of Texas, without regard to conflict of laws principles.
This Agreement constitutes the entire agreement between the parties and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. The Company in its sole discretion may amend this Agreement, in which case we will post the amended Agreement within the Site. Your use of the Site after such amended Agreement is posted will constitute acceptance of it by you. The Company may be required to notify you of certain events concerning the Site and your use thereof, and your use of the Site constitutes acceptance that such notices will be effective upon our posting them on the Site or, if we elect in our sole discretion, emailing you at an address you have provided to us. Sections 5, 6, 7, 9, 10 and 11 of this Agreement will survive any termination or cancellation of this Agreement. The Company’s performance under this Agreement is subject to applicable law and nothing contained herein is in derogation of the Company’s right or obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
Effective: January 1, 2021