PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
Thank you for joining carmacouture.com, Inc. (“CarmaCouture”). This membership agreement governs your membership, and use of this website (“Site”). If you are not satisfied with the terms of membership contained in this membership (“Agreement”), you may simply refrain from using this Site or cancel your membership without obligation.
CARMACOUTURE WEBSITE TERMS AND CONDITIONS
The following terminology applies to these Terms and Conditions: “We”, “us” and “our” refer to CarmaCouture. “User”, “you” and “your” refers to you, the client, member or site visitor. “Terms” refers to these Terms and Conditions. “Content” refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By using the CarmaCouture website, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations. By using this Site, purchasing items through this Site, and/or enrolling in our CarmaCouture Bold & Fabulous VIP Membership Program, you agree to the terms described below, so please review this entire page carefully. These Terms are designed to clearly provide you with a description of the CarmaCouture Bold & Fabulous VIP Membership Program and general terms and conditions regarding purchasing products from CarmaCouture and use of this Site.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact our Services Department.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR MEMBERSHIP YOU ARE AT LEAST 18 YEARS OF AGE, OR VISITING THE SITE UNDER THE SUPERVISION OF A PARENT OR GUARDIAN, AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
USE OF THE SITE
Subject to the Terms, CarmaCouture hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sub licensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by CarmaCouture in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by CarmaCouture in advance and in writing. CarmaCouture reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if CarmaCouture believes that client conduct violates applicable law or is harmful to CarmaCouture ‘s interests.
CarmaCouture may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and CarmaCouture has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify CarmaCouture of any unauthorized use of your password or identification or any other breach or threatened breach of this Site’s security.
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users (“User Submissions”). You understand that whether or not such User Submissions are published, CarmaCouture does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant CarmaCouture a worldwide, non-exclusive, royalty-free, fully paid, sublicense able and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and CarmaCouture’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to CarmaCouture does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of CarmaCouture. Product representations expressed on this Site are not made by CarmaCouture.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that CarmaCouture has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release CarmaCouture and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
CarmaCouture reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. CarmaCouture also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, CarmaCouture assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
This Site is owned and operated by CarmaCouture. All right, title and interest in and to the Content provided on this Site are owned either by CarmaCouture or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by CarmaCouture, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of CarmaCouture’s intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Services Department if you have any questions about obtaining such licenses. CarmaCouture does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by CarmaCouture. Any rights not expressly granted herein are reserved by CarmaCouture.
CarmaCouture Bold & Fabulous VIP Membership Program
As a member of CarmaCouture, you’ll be able to choose to take up to 50% off one item of your purchased items, using your $24.99 monthly membership. You make a selection from shoes, handbags, jewelry and more that fits your look and style. Because we are adding new selections all the time, you’ll be sure to find lots of great items to add to your collection. Although CarmaCouture ‘s goal is to provide you with designer quality style at an affordable price. You may cancel your membership at any time by calling 972-880-5576
As a member of CarmaCouture, you agree to receive emails, newsletters and other communications announcing monthly fashions and promoting any special offer(s), including third party offers. As a member you may receive VIP specials, access to private sales and exclusive promotion. At this time, you can make your selection and it will be shipped to you after your credit card payment has been verified for successfully process. Your credit card will be charged the 10th day of every month and you will receive a CarmaCouture credit that can be redeemed toward the purchase of (ONE) CarmaCouture item in any future month with up to 50% off or combine multiply months for a one-time purchases of a regularly priced item. You may order additional items at their stated online price.
To request a refund, please contact our Services Department. All refunds are subject to our Refund Policy.
CarmaCouture Bold & Fabulous VIP Membership Program CANCELLATIONS
We will do everything to make your membership as satisfying as possible; however, you are free to cancel your membership any time by calling Services Department at 972-880-5576 Monday – Friday from 7 a.m. – 5 p.m. (Pacific) and speaking with a representative. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for preferred clients. Please note: If you have store credit at the time of cancellation, refunds are at the sole discretion of CarmaCouture.
We may terminate your membership, without notice, for conduct that we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
BILLING AND PAYMENTS
Paying By Credit Card
For your convenience, when you place your first order, we will save your credit or debit card information and use it for all future shipments which will automatically be charged to your saved card, unless you notify us online or through Services Department. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
Using Carma Couture Membership Bucks or Store Credit
As a member you may save up your month to month CarmaCouture bucks to a purchase a one-time regular online item. All store credit is valid during your membership to the Site. Store credit can be redeemed on any CarmaCouture order. CarmaCouture reserves the right to change these terms and conditions at our discretion.
SHIPPING, RETURNS AND EXCHANGES
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your membership are subject to the CarmaCouture Shipping, Return and Exchange Policies. All items returned for a refund are subject to a $6.95 restocking fee, to be deducted from the amount refunded to the card used for purchase.
Replacement of products and store credit to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon CarmaCouture’s delivery of the items to the carrier pursuant to the CarmaCouture Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY CARMACOUTURE ON AN “AS IS” BASIS. SHOEDAZZLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CARMACOUTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SHOEDAZZLE DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARMACOUTURE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CARMACOUTURE ‘S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CARMACOUTURE DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO CARMACOUTURE ‘S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, CarmaCouture shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. CarmaCouture shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, CarmaCouture shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, are Copyright © 2012, CarmaCouture. ALL RIGHTS RESERVED. CarmaCouture respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Services Department.
CarmaCouture, the zebra logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of CarmaCouture. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree that CarmaCouture ‘s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that CarmaCouture shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that CarmaCouture may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees.
No right or remedy of CarmaCouture shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
No instance of waiver by CarmaCouture of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than CarmaCouture (each a “Third Party Site”). CarmaCouture may work with certain partners and affiliates whose sites are linked with CarmaCouture. CarmaCouture is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. CarmaCouture makes no guarantees about the content or quality of the products or services provided by such sites. CarmaCouture is not responsible for webcasting or any other form of transmission received from any Third Party Site. CarmaCouture is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CarmaCouture of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that CarmaCouture is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
By continuing your membership, you accept and agree to the terms of this Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.