Revised and effective beginning Nov 6, 2017
To request a copy of our previous Terms & Conditions, please contact us by emailing email@example.com
The following Terms of Service (“Terms”) between you (“you” or “your”) and WRAREDOLL LLC (“we,” “our,” “us,” or “WRAREDOLL”) describes the terms and conditions on which you may access and use the WRAREDOLL website located at wraredoll.com (the “Site”, “Sites”), and related services including WRAREDOLL’s product sale services (together with the Site and WRAREDOLL Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
The Sites are provided as a service to our customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the “Agreement").
YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE ANY OF THE SITES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITES.
ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND WRAREDOLL WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1.) TYPES OF ORDERS - DEFINITIONS
• MTO - Made To Order (PREORDER — specially made for your order)
• RTS - Ready To Ship (PREMADE/IN-STOCK — the product is already made, not specific for your order)
• SPECIAL ORDER - (Not available at wraredoll.com at the time of purchase, please note that Special Order Items always adhere to the same policies as MTO items, unless your order invoice specifically states otherwise)
CONTACTING WRAREDOLL ABOUT YOUR ORDER
To contact WRAREDOLL for any reason related to your order, you must use one of the contact methods found at wraredoll.com/pages/contact. By purchasing from wraredoll.com you agree that all information relevant to your order shall be exchanged between you and WRAREDOLL via an official contact method. Current official contact methods can be found by visiting wraredoll.com/pages/contact. You agree that WRAREDOLL assumes no liability whatsoever for agreements pertaining to your order, either directly or indirectly, wherever the basis of your expectation(s) is communication with WRAREDOLL by unofficial contact method. You agree that under no circumstances shall WRAREDOLL be liable to you for agreements communicated via Social Media messaging (or similar “non-official” method not found at wraredoll.com/pages/contact). You agree that if you have corresponded with a WRAREDOLL employee or official representative via non-official communication channels, such as Social Media, and thereby come to an informal agreement or arrangement concerning your order, you must send a record of that correspondence to WRAREDOLL via email at firstname.lastname@example.org, and that we must respond to that email acknowledging our receipt and, depending on the specific situation, provide a statement of acceptance of said agreement and/or indicated therein a mutual understanding of further expectations.
By purchasing from wraredoll.com you agree that 24 hours after your order is placed WRAREDOLL can deny requests to change the order. This includes Product, Size, Color, Length, Shipping Address, & etc. If you request an Order Change within 24 hours of placing your order, we will cancel your existing order and you may place a new order online at wraredoll.com.
While we want to be as accommodating as possible, we have learned that changing orders in the past has caused countless problems, including late orders, incorrect orders, and many others - please take your time and select the correct product(s) and option(s) you wish to receive, as well as confirm that your shipping address, email contact, and phone contact information are correct in relation to the date your order is expected to ship. For instance, if you are expecting to move to a new address prior to the estimated ship date, make sure that your new address is used for your shipping address.
You can estimate the date that your order will ship with the following guide:
• up to 7 business days for RTS items to ship
• up to 6 weeks (45 days) for MTO items to ship
• up to 6 weeks (45 days) for orders which contain both MTO and RTS items to ship
By making a purchase at wraredoll.com you agree that WRAREDOLL assumes no liability whatsoever for orders fulfilled to the specifications shown on your order invoice, including but not limited to; Product, Options (Size, Color, etc.), and Shipping Address.
You agree that no WRAREDOLL employee or representative has the authority whether by email, phone, Social Media messages or other method of contact, to assume liability for Order Changes on behalf of WRAREDOLL, EXCEPT by the WRAREDOLL employee or representative issuing to you an updated order invoice via email as official documentation confirming that your requested change has in fact been made. You agree that only if you’ve received an updated Order Invoice is it reasonable for you to expect to receive the updated Order Invoice contents.
WRAREDOLL-CLOSET RETURNS - Applies to all purchased placed at wraredoll-closet.com or otherwise labeled, named, categorized, or branded as a wraredoll-closet item at the time of purchase.
All products offered for sale at wraredoll-closet.com are offered "as-is", some are defective, most are simply out of season, and others may have never made their way from conception to production... Any known defects are added to the product description. If nothing is stated as defective you can assume it is out of season or a customized product we do not currently have a listing for at wraredoll.com
If you have any questions or concerns about a product listed, you may contact us for clarification at: view contact info
All sales at wraredoll-closet.com are final. No exchanges. No refunds.
Allow 5 business days for orders placed at wraredoll-closet.com to be shipped - transit time varies by service and location.
WRAREDOLL RETURNS - Applies to all purchased placed at wraredoll.com or otherwise labeled, named, categorized, or branded as a wraredoll item at the time of purchase.
Note: Effective beginning November 6th, 2017 - Returned items may be subject to a 20% restocking fee depending on the specific circumstances of the return.
New, unworn, unused items purchased directly at wraredoll.com or an authorized reseller with proof of purchase are eligible for Return in certain circumstances. By purchasing a product from wraredoll.com you agree that at the sole discretion of WRAREDOLL, your return request may be accepted or denied, and that if accepted, any resulting compensation may be provided by any option as follows:
• (A.) WRAREDOLL may issue a full-refund for your returned item(s)
• (B.) WRAREDOLL may repair or replace your returned item(s) such that the condition of the item(s) meets the description advertised at the time of purchase
• (C.) WRAREDOLL may offer shop-credit of an equal value to the original purchase price of your return item.
By purchasing from wraredoll.com you agree that any disagreement between you and Wraredoll regarding the specific form of compensation you are issued for a return, irrespective of the reason for the return, shall only be decided by the Arbitrator, (see our full Terms here for further information about the Arbitrator), you also agree that until the Arbitrator decides in favor of either you or Wraredoll, you shall hold Wraredoll harmless to any/all 3rd-parties involved in the transaction of your order, including by not assisting, endorsing, or otherwise authorizing a 3rd-party involved in the transaction to act on your behalf, or in your interest against Wraredoll.
To Return an item you must notify Wraredoll within 7 days of your receipt (considered as USPS Delivery Confirmation) of your order. To notify us of your Return, follow these instructions:
1. Login in to your wraredoll.com account
2. Select the order you wish to return
3. Request a return via the button provided on the webpage
4. Complete the form found there, be sure to include a detailed description of the reason for your return request.
5. Please allow up to 5 business days to receive our response to your return request.
6. Pursuant to the specifics of your situation, a restocking fee equal to 20% of the purchase price of your return items may be assessed.
Typically, we will issue an automatically generated Return Shipping Label via an email sent to the email address on file for your order. Wraredoll reserves the right to deny returns to customers suspected of abusing the returns policy. In some cases our response may be to contact you for more information about your return request, prior to accepting or denying your request.
REASONABLE RETURN DENIAL GUIDELINES
As a general rule, no more than 1 item should be returned for every 10 items purchased (customers consistently requesting returns more often than this may be denied further requests).
RETURN SHIPPING COSTS
You agree that Return Shipping Costs are the responsibility of you, not WRAREDOLL. However, in many cases we will, upon request, provide a Return Shipping label to you at no additional cost. By purchasing from wraredoll.com you agree that WRAREDOLL shall not be held liable for Return Shipping costs, and you acknowledge that any Return Shipping costs provided by WRAREDOLL shall be done so at the Sole discretion of WRAREDOLL.
In general, we provide free-to-you Return Labels wherever WRAREDOLL is at fault for an incorrect or damaged item, with the understanding that any such “fault” shall be decided solely by WRAREDOLL.
PROOF OF DELIVERY
WRAREDOLL considers postal tracking Delivery Confirmation as proof of delivery, and WRAREDOLL assumes no liability whatsoever for items lost or stolen if tracking information indicates the order was shipped by us and delivered to you. In the event that our records indicate we shipped your order, and USPS records indicate the order was delivered to the specified address stated on your Order Invoice, then it is your responsibility to contact USPS, neighbors, family, friends, or others who may have moved or otherwise placed your package elsewhere without your knowledge. Please feel free to contact us regarding a misplaced (or stolen) order, and if it is within our means to be of useful assistance (note: WRAREDOLL assumes USPS will tell you at least as much if not more than they will tell us), we will absolutely do our best to help.
ORDER PROCESSING - BY ORDER TYPE
READY-TO-SHIP (RTS) Purchase, Processing & Shipment
RTS items are clearly marked on each product page and it is the responsibility of the customer to read and understand the options selected during purchase. Wraredoll does not offer refunds for MTO/RTS selection mistakes - please take your time and read the item and option descriptions and selections prior to purchase. You may cancel your RTS order within 24 hours for a full-refund issued in the payment form used at purchase. If your order status is “Shipped”, your order cannot be canceled. If your order status is not “Shipped”, and if more than 24 hours have passed since the time of purchase, you may be able to (at the Sole discretion of WRAREDOLL), cancel your order and compensation will be issued to you as if the order items were returned, and per the Terms outlined in the RETURNS Section above. All Ready-To-Ship (RTS) orders will be processed and shipped within 7 business days of payment via the USPS service (Ground, First-Class, Priority, etc.) selected during checkout. An automated tracking number will be sent via email when your shipping label is printed and your order is queued for shipment. Please note that there may be occasional delays (up to 48 hours) from the time your shipping label is printed and when the tracking information updates. All shipping times are stated by the USPS service method of your choice and Wraredoll assumes no responsibility for carrier services, delays, & etc.
PREORDER/MADE-TO-ORDER (MTO) Purchase, Processing & Shipment
PREORDER/MTO items are clearly marked on each product page and it is the responsibility of the customer to read and understand the options selected during purchase. Wraredoll does not offer refunds for MTO/RTS selection mistakes - please take your time and read the item and option descriptions and selections prior to purchase. You may cancel your PREORDER/MTO order within 24 hours for a full-refund issued in the payment form used at purchase. After 24 hours have passed since the time of purchase all PREORDER/MTO orders are final. However, if your order status is not “Shipped”, and if more than 24 hours have passed since the time of purchase, you may be able to (at the Sole discretion of WRAREDOLL), cancel your order and compensation will be issued to you as if the order items were returned, and per the Terms outlined in the RETURNS Section above. Because these items are specially made for your order we require the ability to proceed constructing your order items after 24 hours from purchase. All MTO/PREORDER items require an estimated 6 weeks from the date of payment prior to shipment. By purchasing an MTO/PREORDER item from wraredoll.com you agree to waive your right to bring claim(s) of “non-receipt” (or similar) against WRAREDOLL for a period of 7 weeks after purchase (note: a 1 week allotment is therefore allowed to pass “in-transit”). If, after a period of 7 weeks, you have not received your item(s), you may at that time bring claim(s) of “non-receipt” against WRAREDOLL.
The exact time required to receive your PREORDER/MTO items may vary depending on current conditions - be aware that these items are offered without guarantee of exact time-to-ship, and no WRAREDOLL employee (or representative) has the authority to issue such a guarantee whether by email, phone, in-person or other communication, except by modifying the Agreement at wraredoll.com/pages/terms.
If you require your order item(s) for a specific holiday, party or other event with a firm date, we advise purchasing from items listed as Ready-To-Ship. Shipment will occur via the USPS service (Ground, First-Class, Priority, etc.) selected during checkout. An automated tracking number will be sent via email when your shipping label is printed and your order is queued for shipment. Please note that there may be occasional delays (up to 48 hours) from the time your shipping label is printed and when the tracking information updates. All shipping times are stated by the USPS service method of your choice and Wraredoll assumes no responsibility for carrier services, delays, lost packages, & etc.
RUSH PROCESSING (PREORDER items)
If you do purchase RUSH PROCESSING we expedite your PREORDER item construction to the best of our ability, and we guarantee it will ship in 14 business days or we will automatically refund the RUSH fee and contact you to ask whether or not you still want the item. If not, we will issue a full-refund for your order.
Customers assume all costs associated with declaration value in accordance with their countries duties and tariff laws. Delays may occur due to customs. Please contact USPS if you have concerns about shipments to your location.
Customers who do not reside in the state of Florida pay no sales tax. Florida customers pay 7% sales tax at checkout . Wraredoll will not be held liable for unauthorized transfers of goods between states, please contact your local governance for guidance on applicable tax laws where appropriate.
DISCOUNTS & COUPONS
Wraredoll occasionally sends special offers and coupons to customers who receive our newsletter. If you have received a coupon via email or other Wraredoll marketing you will find the appropriate place to enter the coupon code immediately preceding payment. Your cart amount should adjust prior to payment if the coupon code is valid. Only one coupon may be entered per purchase and coupons cannot be combined with special sales or other discounts. Wraredoll reserves the right to refund orders placed with combined discounts.
OPERATIONS & METHODS
Wraredoll is a Designer, Manufacturer, Distributor, & Retailer, and WRAREDOLL reserves certain unlimited rights associated with these functions of its business. By purchasing from wraredoll.com you waive the right to bring claim(s) against WRAREDOLL for selling a
• “Different Design or Pattern(or similar)”,
• “Substitute(or similar)”,
• “Different Model(or similar)”,
• “Different Category(or similar)”
• “Color Different(or similar)”
product, wherever the Agreement provides a right of WRAREDOLL reasonably applicable to the defense of such an accusation, more specifically as follows:
MATERIALS, CONSTRUCTION, & PRODUCT VARIATION
In exercise of its rights as a Designer & Manufacturer, WRAREDOLL, at its sole discretion, reserves the right to modify any product advertised and sold as one of its own design and make, and these modifications WRAREDOLL may enact without notice. Therefore, within reasonable expectations the buyer may assume to buy a “highly similar” but not “exact” replica of a product marketed and sold under the same name whether they purchase the product in, for example, July 2017 or December 2017. However, slight differences may exists between the July 2017 product and December 2017 product. WRAREDOLL reserves the following rights to modification without notice, and these rights include but are not limited to:
• The right to change raw-material supplier(s) at any time and for any reason. For example, Wraredoll reserves the right to buy and use 100% Nylon Tulle material from any supplier interchangeably in its products.
• The right to use variations of substantially similar material to achieve seasonal (or other) design objectives. For example, Wraredoll reserves the right to use 150 gsm Bamboo Jersey (light-weight) instead of 250 gsm (medium-weight) Bamboo Jersey during Spring/Summer months.
• The right to change the method of construction of a product. For example, Wraredoll reserves the right to use an overlock machine instead of serger machine to achieve a similar construction result.
• The right to achieve a similar design effect (and/or “intent”) whether by machine or by hand. For example, Wraredoll may hand-cut material or machine-cut material interchangeably for use in its products. Or, for example, Wraredoll may hand-gather or machine-gather Tulle interchangeably.
• The right to adjust sizes in order to improve garment “fit”
• The right to adjust patterns in order to improve garment “fit” and/or achieve a specific design intent or improvement
While WRAREDOLL will never intentionally mislead its customers about the color of the products we offer for sale, Wraredoll makes no guarantee that your computer, phone, or tablet monitor will correctly display the color of the item being offered for sale. We suggest viewing a product on numerous devices to try and determine whether any specific device shows an unacceptable variation in color.
CANCELLATION OF PURCHASED ORDER, OR SERVICE
We reserve the right to refuse access to the Sites, or to actively block the ability to process a payment initiated by a specific person, we may do so for any reason at any time. We may Cancel any order for a full refund at any time and for any reason. We may do this (all prior mentioned) without prior notice.
3. USE OF THE SERVICES
A. WRAREDOLL Content
Content Provided “As Is.” All content and information available through the Services, including but not limited to Product descriptions and specifications, Product photos, advice, photographer’s photos, and photos and comments from other users (“WRAREDOLL Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The WRAREDOLL Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any WRAREDOLL Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the WRAREDOLL Content.
Updates. We may update the WRAREDOLL Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to email@example.com. We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
B. Third Party Content
Links to Third-Party Websites. The Services may contain links or references to non-WRAREDOLL websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and WRAREDOLL is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from WRAREDOLL, and WRAREDOLL has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that WRAREDOLL endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
C. Acceptable Use Policy
Use of WRAREDOLL Content. No part of the Services, including the WRAREDOLL Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that WRAREDOLL authorizes you to view, copy, download, and print WRAREDOLL Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the WRAREDOLL Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the WRAREDOLL Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the WRAREDOLL Content.
Use of the Services. You may not use the Services to: (i) transmit any content, information or other materials that are, or which WRAREDOLL considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a WRAREDOLL representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend WRAREDOLL and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Term.
Indemnification for Breach. By using the Services, you agree to indemnify, hold harmless and defend WRAREDOLL and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
D. Your Content
If you post, upload or make available to WRAREDOLL or the Services, or otherwise submit to or through WRAREDOLL as part of your use of the Services, including the Site, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to WRAREDOLL a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize WRAREDOLL to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
E. Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify WRAREDOLL promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the WRAREDOLL Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
4. INTELLECTUAL PROPERTY
A. Ownership of the Services
The Services, including the WRAREDOLL Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of WRAREDOLL. By way of example, “WRAREDOLL” has applied for trademark protection from unauthorized copying and dissemination through the United States Patent and Trademark Office. WRAREDOLL reserves all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any WRAREDOLL Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of WRAREDOLL.
B. Services License
Subject to your compliance with these Terms, WRAREDOLL grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that WRAREDOLL may use your Feedback without restriction or obligation to you or any third party.
D. Notice and Take Down Procedures; Copyright Agent
If you believe any WRAREDOLL Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting WRAREDOLL's copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
WRAREDOLL's agent for copyright issues relating to the Services is as follows:
WRAREDOLL Disputes Dept. PO BOX 662 Vero Beach, FL 32961 E-Mail address: firstname.lastname@example.org. In an effort to protect the rights of copyright owners, WRAREDOLL maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are infringers.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at email@example.com. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
B. Termination By WRAREDOLL
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. WRAREDOLL may also terminate your account if WRAREDOLL determines that your conduct poses a risk or liability to WRAREDOLL, or for any other reason as determined by WRAREDOLL in its sole discretion.
C. Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the sections concerning Collections, Rental Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment shall continue to apply.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
A. Limited Warranties
The limited warranties set out apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by WRAREDOLL in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and WRAREDOLL's sole and exclusive liability for a breach by WRAREDOLL of the limited warranties set out in Section 2 shall be, at WRAREDOLL's option, WRAREDOLL's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
B. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, WRAREDOLL DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE WRAREDOLL CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
C. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WRAREDOLL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF WRAREDOLL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS.
7. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER
This Section 7includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt-out of the arbitration agreement by following the opt-out procedure described below.
A. Informal Process First
You agree that in the event of any dispute between you and WRAREDOLL, you will first contact WRAREDOLL and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of WRAREDOLL's Services and/or Products, or relating in any way to WRAREDOLL's communications with you, will be finally resolved by binding arbitration. The prevailing party shall be entitled to recover its reasonable attorney’s fees and costs. This mandatory arbitration agreement applies equally to you and WRAREDOLL. However, this arbitration agreement does not (a) govern any Claim by WRAREDOLL for infringement of its intellectual property or access to the Services that (including the Site) is unauthorized or exceeds authorization granted in these Terms.
You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and WRAREDOLL are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to WRAREDOLL Disputes Dept. PO BOX 662 Vero Beach, FL 32961 E-Mail address: firstname.lastname@example.org.. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules then in effect including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The number of arbitrators shall be one. WRAREDOLL shall choose the arbitrator.
The arbitration will be conducted in the English language. Florida law shall apply. The final arbitration hearing shall be conducted in Indian River County, Florida (or nearest court thereto of legal jurisdiction). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If any part of this agreement to arbitrate is deemed invalid under applicable law, all other parts will nevertheless remain enforceable.
The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 7(C) below.
You may opt out of this agreement to arbitrate. If you do so, neither you nor WRAREDOLL can require the other to participate in an arbitration proceeding. To opt out, you must notify WRAREDOLL in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt out:
WRAREDOLL, LLC ATTN: Arbitration Opt-out PO BOX 662 VERO BEACH FLORIDA, 32961
You must include your name and residence address, the email address you use for your WRAREDOLL account, and a clear statement that you want to opt out of this arbitration agreement.
C. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, the entirety of the Arbitration Agreement in section 7(B), if otherwise effective, shall be void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and WRAREDOLL each waive any right to a jury trial.
Jurisdictional Issues. WRAREDOLL makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that WRAREDOLL intends to announce or make available such products or services to the general public, or in your country. Contact WRAREDOLL at email@example.com to determine which products and services may be available to you.
Export Laws. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the WRAREDOLL Content, or any part thereof, in any way, in violation of United States law.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of Florida, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Indian River County, Florida, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Entire Agreement. These Terms are the entire agreement between you and WRAREDOLL relating to the subject matter herein and shall not be modified except by WRAREDOLL in accordance with these Terms, or as otherwise agreed in writing by you and WRAREDOLL. No employee, agent or other representative of WRAREDOLL has any authority to bind WRAREDOLL with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. Unless otherwise set forth herein, if any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. WRAREDOLL may assign these Terms at any time without notice to you.
Force Majeure. WRAREDOLL will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond WRAREDOLL's reasonable control.
Contact Information. Please send any questions or comments, or report violations of these Terms, to WRAREDOLL at firstname.lastname@example.org