KOSTYLING TERMS AND CONDITIONS
Welcome to www.kostyling.com (the “Website”), a website operated by Kostyling, LLC (together with its subsidiaries and affiliates, “Kostyling”, “we”, “us”, or “our”). Kostyling is an online retailer of men’s clothing items and accessories (“Products”) and provider of related services (“Services”).
- USER DEFINITIONS
- MEMBER INFORMATION & AGE LIMIT
- EMAIL AND ELECTRONIC COMMUNICATIONS
If you provide us with your email address or create an Account, you are, by default, opted in to receive promotional email communications from us. You may, at the time of sign up, opt out of receiving email communications from us, or may thereafter opt out of email communications by adjusting your profile settings on the Website.
Additionally, we can only provide the benefits of certain portions of our Website (including purchasing Products and Services) by conducting business via electronic communications. You hereby (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights.
You may withdraw your consent to receive communications from us electronically by providing us with notice as set forth in Section 22. If you withdraw your consent, from that time forward, you must stop using the Website. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that you continue to receive all communications without interruption.
- PURCHASE OF PRODUCTS AND SERVICES
Though we strive for accuracy, occasionally, the information on the Website may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.
Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an item displayed.
- GENERAL RULES OF USER CONDUCT
It is our goal to make access to our Website a good experience for all of our Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, your use of the Website, or access to the Website for any purposes other than for which the Website is being provided to you, or do any of the following:
- Conduct or promote any illegal activities while using the Website;
- Attempt to reverse engineer or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Website;
- Attempt to gain access to secured portions of the Website or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Website to generate unsolicited email advertisements or spam;
- Use the Website to stalk, harass or harm another individual;
- Use any high-volume automatic, electronic or manual process to access, search or harvest information from the Website (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Website or interfere with or disrupt any servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Website or Our Content contained on any such web page for commercial use without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or mirror or frame the Website or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
- RIGHT TO SUSPEND
We reserve the right, in our sole discretion, to suspend any Member or Customer’s Account or any User’s access to the Website at any time at our discretion including, without limitation, as necessary in our discretion to protect the security or operation of the Website.
- OWNERSHIP OF INTELLECTUAL PROPERTY
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
We respect the intellectual property of others, and we ask you to do the same. If you believe that any of Our Content infringes your copyrights, please provide our DMCA Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Company to locate the material.
- Information reasonably sufficient to permit the Company to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please direct any such notifications to email@example.com
- USER CONTENT
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Website, or our Products and Services (collectively “User Content”), you agree we may use the User Content to modify our Website, Products or Services, and that you will not be due any compensation, including any royalty related to the product or service that incorporates your User Content. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the User Content in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the User Content on the Website or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
- MODIFICATIONS TO THE WEBSITE
We reserve the right to modify or discontinue the Website with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Website. If you object to any such changes, your sole recourse will be to cease access to the Website. Continued access to the Website following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Website as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Website at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE.
- THIRD PARTY CONTENT AND OTHER WEBSITES
- DISCLAIMER OF WARRANTIES
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY IN INDIVIDUAL CASES. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE. TO THE EXTENT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE WEBSITE, ALLOW YOU TO PURCHASE PRODUCTS AND SERVICES OR COLLECT PAYMENT FROM YOU IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE WEBSITE, PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER WEBSITE LINKED TO OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEBSITE, PRODUCTS OR SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, PRODUCTS AND SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE WEBSITE OR SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR PURCHASES IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT DO SO, THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, HACKING, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, TERRORISM, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
- GOVERNING LAW
- ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
READ THIS SECTION CAREFULLY, IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT TRIALS AND CLASS ACTIONS. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT, USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, AND DISCOVERY IS MORE LIMITED. ARBITRATION IS FINAL AND BINDING AND SUBJECT TO ONLY VERY LIMITED REVIEW BY A COURT.
Exceptions. Notwithstanding the “Binding Arbitration” paragraphs above, you and us agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our rights, at any time, to (1) bring an individual action in small claims court provided the claims asserted qualify as a small claim(s) by such a court, (2) pursue enforcement actions through applicable federal, state or local agencies where such actions are available, or (3) to file suit in a court of law to address any alleged violations of the Computer Fraud and Abuse Act or claims of intellectual property infringement or misappropriation. If pursued under this paragraph, any such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the state or federal courts located in New York, NY.
Pre-Arbitration Procedures. Before you or Kostyling commences an arbitration, the party who intends to commence arbitration must first send a written description of the claim or dispute and the relief sought to the other party to allow us both an opportunity to resolve the matter. We will send notice to the email you used to create your Account. You will send notice to Kostyling by sending an email to the following email address: firstname.lastname@example.org. You and we each agree to negotiate your claim in good faith. Either party may request arbitration if the claim or dispute cannot be resolved within 60 days.
Location and Costs of Arbitration. Unless you and us agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of the documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established in the AAA Rules. If your claim exceeds US $10,000, the right to a hearing and the hearing process will be determined by the AAA Rules. Regardless of the manner in which the arbitration will be conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last settlement offer, if any, made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
Class Action Waiver and Jury Waiver. You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. Neither you, nor any other User, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
- GENERAL TERMS
- NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Website is Kostyling, LLC, 246 Bradhurst Avenue, apt 23, NY, NY, 10039. To file a complaint regarding the Website or to receive further information regarding use of the Website, send a letter to the above address or contact Kostyling via e-mail at email@example.com “California Resident Request” as the subject line. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210.
- NOTICE; VIOLATIONS