Terms of Use

Last updated January 29, 2016

Terms and Conditions of Use

Introduction

Welcome to www.rachelzoe.com (the “Site”), owned and operated by Rachel Zoe Creations, LLC and Zoe Media Group, LLC (“Rachel Zoe” or “the Company” or “we” or “us”). These Terms of Use (the “TOU”) apply to your view or use of the Site through any location, including but not limited to Rachel Zoe affiliated domains, where the TOU are posted (collectively, the “Sites”). By viewing or using our Site, you agree to these TOU and those posted by us from time to time. Rachel Zoe reserves the right to amend, change or modify these TOU at any time, with or without notice to you. No modification of these TOU by any party other than Rachel Zoe shall be valid or enforceable against Rachel Zoe unless expressly agreed to by Rachel Zoe in a writing signed by an authorized Rachel Zoe representative. When we post changes to these TOU, we will revise the “Last Updated” date at the top of the TOU. Your continued use of the Sites after any changes or revisions to these TOU become effective shall indicate your agreement with the terms of such revised and then-current TOU. You may be accessing our Site from a computer or mobile phone device and these TOU govern your use of the Site regardless of how you access it.

The Site is operated from our offices in Los Angeles, CA, USA. We make no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.

Our Proprietary Rights

Except for your Submitted Materials (as defined in the “Submitted Materials” section below), we and our licensors own, solely and exclusively, all rights, title and interest (including, without limitation, copyrights) in and to the Sites, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, other services, graphics, logos, games, widgets, gadgets, applets, other distributable applications, other visuals, video, copy and software), code, data and other materials thereon (collectively, the “Site Content”), the looks and feel, design and organization of the Sites, and the compilation and organization of the Site Content, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to any Site Content or any other part of the Site, nor does it grant you any license to use or display the same except as expressly permitted herein.

Limited License

Subject to these TOU, we grant to you a non-exclusive, non-transferable, limited license to access, view, use and display the Sites and Site Content on your computer or other device, provided that you comply fully with these TOU. The Sites and Site Content (or any of our products advertised or sold on the Sites) may not be copied, reproduced, republished, exploited, downloaded, uploaded, posted, transmitted, modified, derived, exploited, distributed or used in any manner whatsoever, without prior written consent or that of the applicable rights owner, except for limited personal, non-commercial or educational purposes as permitted under the law.

Trademarks

The trademarks, logos, service marks and trade names displayed on the Sites or as part of the Site Content are registered and unregistered trademarks of the Company and other persons (each, a “Trademark,” collectively, the “Trademarks”), and may not be used unless expressly authorized by the applicable Trademark owner. Nothing contained on the Sites should be construed as granting, expressly, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites or as part of the Site Content, without our written permission or that of the applicable third-party rights holder.

User Accounts

Using certain features on the Sites may require creating an account (“Account”) and submitting personal information (including creating a username and password to access the Account). The Site’s information collection and use policies are set forth in the Site’s Privacy Policy. You agree to provide only true, accurate, current and complete information, and you accept all responsibility for any and all information and all activities that occur under your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the Sites for any reason.

Submitted Materials

Unless specifically requested from you, we neither solicit nor wish to receive any confidential, secret or proprietary information or other material from you. Any information, proposals, requests, creative works, pictures, photographs, documents, letters, demos, ideas, know-how, suggestions, concepts, methods, systems, designs, drawings, renderings, plans, techniques, comments, criticisms, reports, feedback or other materials submitted or transmitted through the Sites in any manner, including, but not limited to, through the “Contact Us” section, (collectively, “Submitted Materials”) will be deemed not to be confidential, secret or proprietary and may be used by us in any manner consistent with these TOU.

By submitting, uploading, posting or sending Submitted Materials to, on or through the Sites, you: (i) represent and warrant that either (A) Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Sites for our use, in accordance with these TOU and with any purposes that may be described on the Sites, and that any “moral rights” in the Submitted Materials have been waived; and (ii) you grant to us (and our affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, store, adapt, publish, translate, create derivative works from, distribute, perform, display, make, exploit, sell, export or incorporate such Submitted Materials (in whole or in part) in other works (including, without limitation, the Sites or any other site of our parent, subsidiary or affiliate entities, such as www.thezoereport.com), products or services, in any form, media, or technology now known or later developed and for any purpose. We are not responsible for maintaining, and may delete or destroy, any Submitted Material that you provide. You represent and warrant that your Submitted Materials comply with these TOU, and you agree to keep all necessary supporting documentation, and to make such records available to us upon our request.

Rules of Conduct

While accessing or using the Sites, the Site Content and the various other features available on the Sites including without limitation your Account, you warrant and agree that you shall not:

  • Violate any local, state, federal or international law, rule or regulation;
  • Violate the security of the Sites, or obtain or attempt to gain unauthorized access to the Sites, Site Content, computer systems or networks connected to any serve associated with the Sites or Site Content;
  • Impersonate any person or entity, whether actual or fictitious, including anyone from the Sites or Rachel Zoe, or misrepresent your affiliation with any other person or entity;
  • Stalk, harass or harm another individual;
  • Insert your own or a third-party’s advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on any Site, or into any of your Submitted Materials that you may submit to any Forum (as defined in the “Public Forums” section below) or any other areas of the Sites;
  • Use, upload, post, publish, transmit, distribute, reproduce, or in any way exploit any part of the Sites or any Site Content for any commercial or promotional purposes (other than as expressly permitted in a signed writing by the provider of such information and other materials), or contact any other user of the Sites for commercial or promotional purposes, or offer to buy or sell any product or service through your activities on the Site (except that you may purchase products on the Sites where offered and subject to these TOU);
  • Alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices including therein or thereon;
  • Engage in spidering, “screen scraping”, “database scraping”, harvesting of email addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Sites, or obtaining lists of users or other information through the Sites, including without limitation, any information residing on any server or database connected to the Sites;
  • Use the Sites or their features in any manner that could interrupt, damage, disable, overburden or impair the Sites or such features, or interfere with any other party’s use and enjoyment of the Sites, including, without limitation, sending a mass unsolicited message or unauthorized advertising or commercial communications, or “flooding” servers with requests;
  • Circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) with the Sites or its services or any software on the Sites;
  • Create any links from the Sites (or include any links in your submissions to any part of the Site) directed to websites or content owned or maintained by third-parties;
  • Frame or otherwise portray any third-party sites or content in any manner that would constitute or could be interpreted as an endorsement or sponsorship by us of any third-party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third-party sites;
  • Upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false (including statements or materials that constitute or contain false or misleading indications of origin, endorsements, or statements of fact), fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which constitutes, or encourages conduct that would constitute, a criminal offense, give rise to civil liability or otherwise violate any local, state, federal or international law;
  • Use the Sites or the Site Content violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • Upload, post, publish, distribute or otherwise transmit information or material which constitutes or contains a virus, spyware or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; and/or
  • Use the Sites or their services (or any Site Content), in whole or in part for any purpose that is prohibited by any applicable law or regulation, or to facilitate the violation of any applicable law or regulation.

Public Forums

The Sites may include certain features allowing users to communicate with each other or the general public (such as messaging services, chat services, bulletin boards, message boards, blogs, and other similar forums, areas and services) (collectively, the “Forums,” each a “Forum”). These TOU apply to your use of the Forums. Given the open nature of the Internet, you should be careful and selective about the information you disclose in the Forums and on the Sites and, in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information on the Forums.

Right to Monitor and Editorial Control

We may (but have no obligation to) monitor or review any Submitted Materials. We neither sponsor, endorse, control, nor bear responsibility for any such Submitted Materials. However, we may disclose any information or materials as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or remove any such Submitted Materials, in whole or in part, which violate these TOU, our policies or applicable law, which in our sole discretion are objectionable. Using the Sites may expose you to content the may be offensive, indecent, or objectionable to you, and we are not liable for such content.

Indemnification

You agree to defend, indemnify and hold us and our shareholders, members, directors, managers, officers, employees and agents harmless from any and all damages, claims, liabilities, costs and expenses, including, but not limited to, reasonable attorneys’ fees, arising from (i) your use of the Sites or the Site Content, (ii) any part of your Submitted Materials, or (iii) your breach or violation of these TOU or any local, state, federal or international law, rule or regulation. The Company may, but is not obligated to, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree fully to cooperate with any such defense.

Orders

You may order products from our Sites only if you have reached the age of the majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the Sites may be subject to additional terms and conditions presented to you during such purchase or download. By ordering products from our Sites, you agree to be bound by these TOU as well as our Privacy Policy, our Shipping Policy, our Payment Policy, and our Return and Exchange Policy.

We reserve the right to refuse any order you place through the Sites. We may, in our sole discretion, limit or cancel quantities of products purchased per person, per household or per order. These restrictions may include orders placed by or under the same Account, the same credit card, the same email address, or orders that use the same promotion code, billing or shipping address. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. Additionally, we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors or any unauthorized party. You are not permitted to resell any products or services purchase through any of the Sites for commercial purposes.

By purchasing from the Sites, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to operate our fraud prevention program, to collect any unpaid debt and to obtain credit card authorization.

Product availability on the Sites is not guaranteed as products may be low in stock or out of stock when an order is completed. Products displayed on the Sites may not be available in certain stores, or vice versa. Prices for a product (including sales) may vary between the Sites and store or between geographies. Prices displayed on rachelzoe.com are quoted in USD and are valid and effective only in the U.S.

Pricing and Other Errors

We have made every effort to display as accurately as possible the color and other features of our products on the Sites. However, the particular technical specifications, displays and settings of your electronic device could affect the accuracy of the display. We are not responsible if information made available on the Sites is not accurate, complete, or current.

From time to time, information on the Sites might contain typographical and visual errors, inaccuracies, or omissions that may relate to product descriptions, pricing or availability. It is your responsibility to monitor changes on the Sites. Any reliance on the information on the Sites is at your own risk. We may, but have no obligation to, correct any errors, inaccuracies or omissions, and to update or modify the Site Content without prior notice.

Prices and availability of products and services are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.

Linking to the Sites

You agree that: (a) if you include a link from any other website to any of the Sites, such link shall open in a new browser window and shall link to the home page of the other website; (b) you are not permitted to link directly to any image hosted on the Sites, such as using an “in-line” or “deep-linking” method, including to cause the image to be displayed on another website; and (c) you may not link from any other website to a Site in any manner such that it or any of its pages is “framed”, surrounded or obfuscated by any third-party content, materials or branding. We may, in our sole discretion, insist that any link to a Site be discontinued, and we may revoke your right to link to the Sites. The framing, mirroring, scraping or data-mining of the Sites or any of the Site Content in any form and by any means is strictly prohibited.

Third-Party Websites

You may be able to link (through various methods including hyperlinks and clickable images,  words, banners and widgets) from the Sites to third-party websites, applications and services, and third-party websites may link to the Sites (collectively, the “Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to and from Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.

Promotions

The Sites may contain sweepstakes, contests or other promotions requiring you to send materials or information to us (and sometime others). Such sweepstakes, contests or promotions may be governed by a separate set of rules, policies, and terms. It is your responsibility to read such rules, policies and terms and to determine whether you can participate, register and comply therewith. By participating in a sweepstakes or contest through the Sites, you signify your agreement and acceptance of these TOU and any applicable sweepstakes or contest rules which we may provide.

Current Promotions

Welcome Offer: Welcome offer valid exclusively online at RachelZoe.com through 1/1/2017 at 11:59pm PST. Welcome offers may not be redeemed more than once. Offer may not be applied to previous purchases or in combination with any other offer. To redeem offer, enter promo code at checkout. Offer excludes sale items and gift cards. Rachel Zoe reserves the right to change, revise or modify the terms and conditions of this offer at any time.

Jane Pave Ring GWP: Offer expires on 2/13/17 at 11:59PM PST and is valid on the Jane Pave Ring only. Applies only with code JANE17 with minimum purchase of $50 or more and discount applied at checkout, before tax and shipping. Available on in-stock items only while supplies last. No rain check / cash redemption. Limit one promotional code per order. Offer may be modified or discontinued at any time without notice. Additional restrictions may apply. Offer is valid at RachelZoe.com. If you have any questions about this offer, please email customercare@rachelzoe.com.

Disclaimer of Warranties

THE SITES, INCLUDING WITHOUT LIMITATION, ALL SERVICES, FORUMS, SITE CONTENT, ACCOUNTS, FUNCTIONS, DOWNLOADS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY, REPRESENTATION OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. THE COMPANY DOES NOT WARRANT THAT THE SITES, THE SERVICES, THE FORUMS, THE SITE CONTENT, THE ACCOUNTS, OR THE FUNCTIONS THEREOF WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. THE COMPANY MAKES NO WARRANTY THAT THE SITES, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OR OBTAINED BY YOU FROM THE COMPANY, OR THROUGH THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ASSUMES NO WARRANTY NOT EXPRESSELY MADE HEREIN. THE COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITES, OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM OR TO THE SITES. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEMDY IS TO DISCONTINUE USING THE SITES. THE COMPANY DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE, OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITES CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. YOUR USE OF THE SITES, CREATION OF AN ACCOUNT, OR THE SUBMISSION OF ANY SUBMITTED MATERIAL DOES NOT GUARANTEE ACCEPTANCE OF USE THEREOF BY THE COMPANY.

Limitation of Liability

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR WILLFUL MISCONDUCT, SHALL THE COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR SHAREHOLDERS, MEMBERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO LOST BUSINESS OR LOST SALES, PROFITS , OR GOODWILL, OR THE USE OF, OR THE INABILITY TO USE, THE SITES OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, OR YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITES,  EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITES, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILLFUL MISCONDUCT OR OTHERWISE) ARISING FROM THESE TOU OR YOUR USE OF THE SITES EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO THE COMPANY FOR YOUR USE OF ANY SITE, OR (B) ONE HUNDER DOLLARS ($100). ALL USERS OF THE SITES UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE BEEN ENTERED INTO THESE TOU WITHOUT THESE LIMITATIONS ON LIABILITY.

Jurisdictional Issues

The Sites are intended for users located in the United States of America. We generally control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. Persons who access or use the Sites from other locations are responsible for compliance with any applicable local laws. Software for the Sites is further subject to United States export controls. No software from the Sites may be downloaded] or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

Termination

We may terminate, change, suspend, restrict or discontinue any aspect of the Sites at any time if we believe you are in breach of these TOU or applicable law, or for any other reason in our discretion, without notice or liability. These TOU will terminate commensurate with the discontinuance or terminations of your Site use privileges. However, the TOU will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Sites and Site Content, and anything connected with, relating to or arising therefrom.

Digital Millennium Copyright Act (DMCA) Notices

We respect the intellectual property rights of others, and require that the people who use the Sites and the Site Content do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the e-mail address listed below (see 17 U.S.C. Section 512(c)(3) for further detail):

  • Your name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

E-Mail: info@rachelzoe.com

Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer.  The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (i) a physical or electronic signature; (ii) identification of the material that has been removed the location at which the material appeared before it was removed; (iii) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (iv) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of federal district court for the judicial district in which the address is located, or if his/her address is outside of the united states, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(c) or an agent of such person.  Upon receipt of a valid counter-notification, we will forward it to notifying party who submitted the original DMCA notification. The original notifying party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the Sites.

Dispute Resolution/Arbitration

By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to these TOU, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Rachel Zoe, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action, shall be a “Class Action.” Notwithstanding anything else in these TOU or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. However, if these Class Action restriction are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

Miscellaneous

These TOU, as may be amended from time to time, including the terms and conditions of any other policies the TOU link or refer to, constitute the entire agreement between you and the Company with respect to the access to and use of the Sites and the Site Content. These TOU and the relationship between you and us shall be governed by the laws of the State of California, without regard to its conflict of law provisions. For any cause of action that may not be subject to arbitration under the “Dispute Resolution/Arbitration” section above, such cause of action arising under the TOU shall be commenced and be heard in the appropriate court in the State of California, County of Los Angeles. You agree to submit the personal and exclusive jurisdiction of the courts located within Los Angeles County in the State of California.

Our failure to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. All provisions of these TOU that consist of or relate to notices, ownership of intellectual or other property, representations, warranties, limitations of liability, disclaimers, indemnification, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Sites or any Site Content, shall survive the revocation, expiration or termination, in whole or in part, of these TOU. We reserve all rights not expressly granted in these TOU. The parties have expressly requested and required that these TOU and all other related document be drawn up in the English Language.

We respect the intellectual property rights of others, and require that users of the Sites do the same. We also maintain a policy that provides for the termination in appropriate circumstances of the Sites’ use privileges of users who are infringers of intellectual property rights.

Contact Us

Please direct all questions or comments about the Sites, these TOU, or any products you purchased through the Sites to:

info@rachelzoe.com