Verishop Terms of Service
Last Updated: March 31, 2020
Welcome! Thank you for your interest in Verishop Inc. (“Verishop,” “we,” “our,” or “us”) and our website at www.verishop.com, along with our related websites, mobile applications, and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Verishop regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
ARBITRATION NOTICE. EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION 19, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY CONFIDENTIAL BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND VERISHOP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. (SEE SECTION 19)
1. Service Overview
Verishop is an online retailer whose goal is to bring life back to shopping by making it easier and more enjoyable to discover new brands and find inspiration. We are placing importance on thoughtful curation, a selective assortment and fast shipping. By bringing tech and retail together, we hope to be an ever-evolving shopping destination that both you and brands can count on.
2. Account Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, and other contact information along with a valid payment method. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account.
You must be at least 13 years old to use the Service, if you are under 13 years of age, you may not access or use the Service. If you are under the age of 18, your parent or guardian must agree to these Terms on your behalf and both you and your parent or guardian agrees to be bound by these Terms. Minors between the ages of 13 through 17 may only make purchases with authorization from a parent or guardian. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. If you believe that your account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
5. Pricing; Promotions; Payment and Shipping
5.1 Price. Verishop reserves the right to determine the price of products sold through the Service. When an item on the Services references a list price and higher price with a strikethrough, the higher stricken price represents the supplier's or manufacturer’s suggested retail price. Despite our best efforts, a few items on our Service may be mispriced; if the actual price is higher than the mispriced amount, at our discretion we may either contact you with instructions or cancel the order and provide notice of such cancellation. Prices shown on the Service are in US Dollars and are exclusive of taxes. Sales tax will only be charged on orders when applicable.
5.2 Promotions in General. Verishop, at its sole discretion, may offer promotional pricing, codes or other offers to you (“Promotions”). Promotions cannot be used on past purchases. Promotions are non-transferable and there is no cash alternative. Promotions cannot be used in conjunction with other Promotions or offers, and must be used by the date published if any. We reserve the right at any time without notice to retract or change any Promotions. Verishop, at its sole discretion, will determine whether a promotion is combinable with other promotions or sales.
5.3. Promotions Exclusions. Promotions and discounts are not applicable for all products in the Electronics category and the following brands: 3x1, AGOLDE, ALC, Alder New York, Asceno, Bassique, Baum Und Pferdgarten, Beekeeper's Naturals, Birgitte Herskind, Boll & Branch , Cala Jade, Collectiva, Commando, Demoo, Frame, Frankie's Bikinis, Franzleaur, Gaviria, Glam Glow, Goen.J., IRO, Kahina, Les Coyotes, Levis, Lisa Marie Fernandez, LoveShackFancy, Low Classic, Mara, Milo Cookware, More Than Yesterday, Moussy Vintage, Munthe, Nanushka, NORR, Norse Projects, Ochi, Peugeot France, Pleats Mama, Re/Done, Rhode, Rituel de Fille, Saloni, Stand, Stine Goya, Studio D'aari, Studio Nicholson, Stylein, Tela, THE GREAT., Tibi, Tumi, Ursa Major, Vaara, Vilebrequin, Wonderkammer, Wood Wood, Xirena, Zadig & Voltaire, Smeg, Theory, and Trav.
5.5 Payment Authorization. You acknowledge and agree that the credit or debit card being used is yours or that you have been specifically authorized by the owner of such card to use it. All card holders are subject to validation and authorization by the issuer of the card. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any non-delivery or delay of orders. Payment will debited and cleared from your account upon dispatch of your order by Verishop. If there is a problem charging your selected payment card, we may charge another valid payment card associated with your account.
5.6 Shipping. We provide free shipping on select items or charge a shipping fee per item. Items marked with “Free 1-Day Shipping” on their product page, ship for free. If shipping fees apply, such fee amounts will be provided to you in your shopping cart once you have designated the delivery address for items. There are no additional fees; however, we will charge sales tax when applicable. In line with the shipping industry’s standards, ship time is calculated by business days, meaning Saturdays, Sundays and some holidays don’t count toward the total time. The shipping timeframe starts when the item ships, after having been selected and packed in the box we’ve prepared for you. Please be aware that certain products contain hazardous materials that are subject to transportation regulations which can delay delivery. We do our best to ensure the timely delivery of all orders. On a rare occasion, these packages can arrive outside of the estimated timeframe due to circumstances beyond our control.
5.7 Refer-A-Friend. Refer a friend and they will receive a code for 20% off their first purchase. Once your referral makes a purchase, you will receive a 20% off code. You will only receive credit for up to five referrals and may only refer two people per household. Codes are only valid for 90 days. Any abuse of this offer, as determined by us in our sole discretion, may result in the rescission of the code for both you and your referral and we may terminate your account. This program is subject to change or cancellation without notice.
6. Risk of Loss; Title; Return, Refunds or Exchange
6.1 Risk of Loss. All items purchased and delivered from Verishop are made pursuant to a carrier shipment contract; risk of loss and title for such items pass to you upon our delivery to the carrier.
6.2 Title. Verishop only takes title of returned items once they arrive at our warehouse. Under certain circumstances and upon our sole discretion, we may issue a refund without requiring the return of an item, under such circumstance; we will not take title to the refunded item.
6.3 Returns, Refund or Exchange.
(a) General Policy. You may exchange or return for a refund any new and unused items if: (1) item was received within the last 30 days; (2) item is in the condition it was when received (tags still attached and/or is in its original packaging); and (3) item was not a "Final Sale." Gift returns will be converted to store credit, and returns and exchanges are free, that includes shipping. During the months of March and April 2020, you may return products within 60 days of the date of purchase, subject to change.
(b) Return Restrictions. Return restrictions can be placed on accounts that have exceeded our threshold for returns. If you have: (i) returned more than $7500 of merchandise in the last 12 months, and (ii) sent back over 80% of the value of your purchases made in the last 12 months, your account will be subject to a modified return policy and not eligible for free returns. While we will still accept back returns under the modified return policy: (x) your returns will be subject to a 15% restocking fee, (y) you will be required to obtain a return authorization number, and (z) you will need to purchase any return postage needed to return the merchandise to us. Upon receiving back returns, we will refund you 85% of the value paid for the item(s). To remove the modified return policy from your account, we require that your return rate falls below 50% of the value of your returned purchases over a twelve month period.
(c) Buy More Save More. If you place buy more save more order, and then return an item from your order that brings the cost of your order under the minimum spend, then the terms of the code have no longer been met. This may mean that the amount you're refunded for the returned item is adjusted, or that no refund will be given.
An example of how a refund may be adjusted is below:
Code - $20 off a minimum $100 spend Order total - $110 Returned item - $30
As the return brings the total spend under the minimum spend of $100, the refund will be adjusted to reflect this and the discount of $20 removed. This would mean a refund of $10 would be issued.
If you've received an email saying one or more of your items are out of stock this may affect the refund you get back if you used a spend and save code. We thought we had the stock of the item when you placed the order. However, when we went to pack your order up we realized we didn't have the item available anymore.
If the minimum spend has still been met you have nothing to worry about, but if you fall under it the terms and condition have no longer been met.
The refund amount you'll get will be outlined on the e-mail we send to you.
6.4 Holiday Returns. Any purchases made from November 21, 2019 to December 31, 2019 will be returnable through January 31, 2020.
7. Item Descriptions
Despite our best efforts to provide accurate details about items or other content on the Service, Verishop does not warrant that item descriptions or other content of the Service is accurate, error-free, reliable, current, or complete. If an item offered by us is not as descried, your sole remedy is to return the unused item in the condition it was received (tags still attached and/or is in its original packaging) for a refund.
8.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Verishop grants you, solely for your personal use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use an object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; and (b) access and use the Service.
8.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
8.3 Feedback. If you choose to provide input and suggestions regarding proposed modifications, improvements, or problems with the Service (“Feedback”), then you hereby grant Verishop an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
9. Proprietary Rights
UNAUTHORIZED REPRODUCTION, REPUBLICATION, COPYING, MODIFICATION, UPLOADING, DOWNLOADING, POSTING, TRANSMISSION, CREATION OF DERIVATIVE WORKS OR DUPLICATING ANY OR ALL PARTS OF THE SERVICE IS STRICTLY PROHIBITED.
9.1 Ownership. The Service is owned and operated by Verishop. The visual interfaces, graphics, design, photos, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by Verishop are protected by intellectual property and other laws. All Materials included in the Service are the property of Verishop or its third party licensors. Except as expressly authorized by Verishop, you may not make use of the Materials. Verishop reserves all rights to the Materials not granted expressly in these Terms.
9.2 Trademarks. Verishop, Ghost Democracy, Ghost Beauty, Lett, Billie the Label and Tastemakers, are trademarks, trade names, marks, and/or brand names (collectively “Marks”) of Verishop. In addition, logos, graphics, button icons, page headers, Service visuals and Service names included in or made available through the Service are Marks or trade dress of Verishop. Verishop’s Marks and trade dress may not be used in connection with any product or service that is not Verishop’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages Verishop’s goodwill. All Marks that appear on the Service that are not owned by Verishop are the property of their respective owners, that may or may not be affiliated with, connected to, or sponsored by Verishop.
10. Third Party Terms
10.1 Third Party Services and Linked Websites. Verishop may provide tools through the Service that enable you to export information, including User Content, to third party services, including through features that allow you to link your account on Verishop with an account on the third party service, such as Twitter, Instagram or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using one of these tools, you agree that Verishop may transfer that information to the applicable third party service. Third party services are not under Verishop’s control, and, to the fullest extent permitted by law, Verishop is not responsible for any third party service’s use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Verishop’s control, and Verishop is not responsible for their content.
10.2 Third Party Software. The Service may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
11. User Content
11.1 User Content Generally. Certain features of the Service may permit users to upload content to the Service, including messages, reviews, photos, video, images, text, and other types of works (“User Content”) and to publish User Content on the Service. You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
11.2 Limited License Grant to Verishop. By providing User Content to or via the Service, you grant Verishop a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed.
11.3 Limited License Grant to Other Users. By providing User Content to or via the Service to other users of the Service, you grant those users a non-exclusive license to access and use that User Content as permitted by these Terms and the functionality of the Service.
11.4 Ratings and Reviews. User ratings and reviews are User Content and subject to the license granted in Section 11.2. You may rate and review items you have purchased from the Service; you understand and agree that while all reviews must follow our Terms of Service, we do not remove negative ratings or reviews that do not violate Terms, except as may be required by law. However, Verishop may at any time and without prior notice and at our sole discretion, screen, remove, edit, or delete any user reviews for any reason or no reason, with or without notice. All ratings and reviews of items displayed to you reflect the opinions of other consumers, and do not reflect or represent our opinions or representations. We make no representations or warranties with respect to the accuracy, completeness or timeliness of any content posted on the Service by anyone. We disclaim any and all representations or warranties with regard to the ratings and reviews.
11.5 Social Media Tags. You agree that your use of the following listed social media tags and any other similar social media tag that in anyway relate to the Service, on any third party service, are User Content and subject to the license granted in Section 11.2. You represent and warrant that any images or text you upload in conjunction with such social media tag do not infringe the intellectual property rights of any third party including but not limited to copyrights and trademarks.
Instagram. Verishop, verishopbeauty, verishopfashion, verishophome; verishopmen, inspopodcast;
Twitter. Verishop_news, VerishopPR, inspopodcast, Verishop;
Snapchat. Verishop, verishopfashion, verishophome, verishopmen, verishopbeauty;
Facebook. Verishop; inspopodcast;
Pinterest. Verishop; and
Hashtags. #loveshopping, #verishopstyle, #myverishop, #verishop
11.6 User Content Representations and Warranties. Verishop disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service; and you will indemnify Verishop for all claims resulting from your User Content. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Verishop and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Verishop, the Service, and these Terms;
b. your User Content, and the use of your User Content as contemplated by these Terms, does not and is not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slanderous, libelous, threatening, defamatory, or invade the right of privacy, publicity or other property rights of any other person; (iii) any computer virus, spyware, adware, rootkit, Trojan, worm, ransomware, key logger or any other type of harmful or malicious code; (iv) contain or consist of any commercial solicitation, mass mailings, political campaigning, chain letters, or any form of spam or unsolicited commercial electronic messages; or (v) cause Verishop to violate any law or regulation; and
c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, obscene, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
11.7 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Verishop may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Verishop with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Verishop does not permit copyright-infringing activities on the Service.
12. Prohibited Conduct
BY USING THE SERVICE YOU AGREE NOT TO:
a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;
b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
d. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
e. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the acts described in this Section 12 or assist or permit any person in engaging in any of the acts described in this Section 12.
13. Digital Millennium Copyright Act (DMCA)
13.1 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Service, you may contact our Designated Agent at the following address:
ATTN: Legal Department (Copyright Notification)
2219 Main St. #171
Santa Monica, CA 90404
Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must comply include the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Service;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
13.2 Repeat Infringers. Verishop maintains and enforces a strict “three strikes and you’re out” repeat infringer policy. Verishop will promptly terminate the accounts of users that are determined by Verishop to be repeat infringers.
14. Modification of the Service and Terms
14.1 Modification of the Service. We reserve the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
14.2 Modification of these Terms. We reserve the right to change these Terms on an on-going basis at any time with or without notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication.
Except as expressly permitted in this Section 14 , these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
15. Term and Termination
15.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2.
15.2 Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Verishop may, at its sole discretion, refuse you service, terminate these Terms, terminate your account, cancel your orders, or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at email@example.com.
15.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; and (b) you will no longer be authorized to access your account or the Service. Sections 8.3 , 9 , 11 , 15.3 , 16 , 17 , 18 , 19 and 20 will survive termination of these Terms.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Verishop and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Verishop Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
17. Disclaimers; No Warranties
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. VERISHOP DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. VERISHOP DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND VERISHOP DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR VERISHOP ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE VERISHOP ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. VERISHOP DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT VERISHOP IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.
18. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE VERISHOP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY VERISHOP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN SECTION 19.4 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE VERISHOP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO VERISHOP FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) $300. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
19. Dispute Resolution and Arbitration
19.1 Generally. In the interest of resolving disputes between you and Verishop in the most expedient and cost effective manner, and except as described in Section 19.2, you and Verishop agree that every dispute arising in connection with: (a) these Terms; (b) your use of or interaction with the Service; (c) any purchases or other transactions or relationships with Verishop; or (d) any data or information you may provide to Verishop or that Verishop may gather in connection with such use, interaction or transaction will be resolved by confidential binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND VERISHOP ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19.2 Exceptions. Despite the provisions of Section 19.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
19.3 Arbitrator. Any arbitration between you and Verishop will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Verishop. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
19.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Verishop’s address for Notice of Arbitration is: Verishop, Inc., ATTN: Legal Department, 2219 Main St. #171, Santa Monica, CA 90404. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Verishop may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Verishop must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Verishop in settlement of the dispute prior to the award, Verishop will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) $10,000.
19.5 Fees. If you commence arbitration in accordance with these Terms, Verishop will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Verishop for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
19.6 No Class Actions. YOU AND VERISHOP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Verishop agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
19.7 Modifications to this Arbitration Provision. If Verishop makes any future change to this arbitration provision, other than a change to Verishop’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Verishop’s address for Notice of Arbitration, in which case your account with Verishop will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
19.8 Enforceability. If Section 19.6 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to these Terms.
20.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Verishop submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Los Angeles, CA for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in California, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
20.3 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
20.5 Contact Information. The Service is offered by Verishop Inc. You may contact us by sending correspondence to 2219 Main St. #171, Santa Monica, CA 90404 or by emailing us at firstname.lastname@example.org.
20.6 Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
20.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.
20.8 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited. You may not use the Services if you are subject to U.S. sanctions.
21. Notice Regarding Apple
This Section 21 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Verishop only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims;
(b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.