StrictlyPosh
Terms and Conditions Revised
May 11, 2017
Thanks
for choosing to browse and shop with StrictlyPosh. Please read these Terms and
Conditions, which contain important information about your relationship with StrictlyPosh,
including mandatory arbitration of disputes between us, instead of class
actions or jury trials. You will become bound by these provisions once you
accept these Terms and Conditions.
The StrictlyPosh Web site located at www.StrictlyPosh.com is a copyrighted work
belonging to StrictlyPosh, (“StrictlyPosh”).
StrictlyPosh provides an online store offering something special every day.
By
clicking “sign in” and entering or otherwise using our Web site or mobile
applications (the “Web site”), you agree to and accept these Terms and
Conditions. You also agree to and accept our Notice of Privacy Practices , which describes how we use the information you
provide StrictlyPosh and is incorporated into these terms and conditions by
reference. Please read the Terms and Conditions and our Notice of Privacy Practices carefully as you are agreeing to be bound by them.
TOGETHER
THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR
SERVICE AGREEMENT (“AGREEMENT”) WITH STRICTLYPOSH. THIS AGREEMENT SETS FORTH
THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY
ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES
OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND
WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE
AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU
MAY NOT ACCESS OR USE THIS WEBSITE, BECOME A STRICTLYPOSH MEMBER, OR ACCEPT
THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH
ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE,
SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.
STRICTLYPOSH RESERVES THE RIGHT, AT ANY TIME, TO MODIFY, SUSPEND, OR
DISCONTINUE ANY WEB SITE OR ANY WEB SITE FEATURE WITH OR WITHOUT NOTICE. YOU
AGREE THAT STRICTLYPOSH WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEB SITE.
1.1
Account Creation. In order to use
certain features of the Web site (e.g., purchasing products and services
(referred to collectively as “Products” herein) from the Web site), you must
register for an account with StrictlyPosh (“StrictlyPosh Account”) and provide
certain information about yourself as prompted by the Web site registration
form. You represent and warrant that: (a) all required registration information
you submit is truthful and accurate; (b) you will maintain the accuracy of such
information; and (c) your use of the Web site does not violate any applicable
law or regulation or the terms of this Agreement. You may de-activate your StrictlyPosh
Account at any time, for any reason, by unchecking the e-mail preference box on
the “My Account” section of the Web site. StrictlyPosh may suspend or terminate
your StrictlyPosh Account in accordance with Section 11.
1.2
Account Responsibilities. You
are responsible for maintaining the confidentiality of your StrictlyPosh
Account login information. You are fully responsible for all activities that
are associated with your StrictlyPosh Account (including but not limited to any
purchases, use of the Web site, or correspondence from your account to StrictlyPosh). You
agree to immediately notify StrictlyPosh of any unauthorized use or suspected
unauthorized use of your StrictlyPosh Account or any other breach of
security. When you provide StrictlyPosh with such notice, StrictlyPosh
will suspend or otherwise secure your Account to prevent future unauthorized
activity.
2.1
Products and Pricing. All Products or
services listed on the Web site are subject to change, as is Product
information, pricing, and availability. In the event a Product is listed at an
incorrect price or with incorrect information, we shall have the right, prior
to the acceptance of your order (as described in Section 2.3 below), to decline
or cancel any such orders, whether or not the order has been confirmed and/or
your credit card or PayPal account charged. If your credit card or PayPal has
already been charged for the order and we cancel your order, we will issue a
credit to your credit card account or PayPal account in the amount of the
charge.
Unless
otherwise noted, the strike-through price displayed for products on our Web
site is based on the suggested retail price for the product provided to StrictlyPosh
by our vendor. The strike-through price is not a price at which StrictlyPosh
previously sold the product. Because we sell our products over the Internet nationwide
and internationally, the strike-through price may or may not represent the
prevailing price at any particular time or in every location, and we make no
promises about the reliability or accuracy of any such information. Nothing can
replace your own comparison shopping, and notwithstanding the strike-through
price information provided, if this is an important factor for you in your
purchasing decision, we recommend you conduct your own individual research as
well.
Some of our vendors provide merchandise to StrictlyPosh that is not widely sold
elsewhere or that is exclusive to StrictlyPosh. For items in this category that
are similar - but not identical - to products sold through other retailers, we
use the phrase “compare at” next to the strike-through to indicate your
savings. This “compare at” price represents the vendor’s estimated original
retail value of a comparable item of the same quality, construction and
material offered elsewhere. While pricing is not an exact science, our buying
team has years of retail experience and partners with our vendors to determine
whether an item is comparable based on the type and quality of the material,
and the construction of the item. Ultimately, our “compare at” price is an
estimate of the original retail price of comparable items. We always strive to
provide you with the best prices on the items we sell, but we encourage you to
do your own comparison shopping as well.
For items that we offer as a set, the strike-through price is based on the
total of all the suggested retail prices for each item in the set. For clothing
items that are priced higher for larger sizes, we average the prices across
sizes to determine the strike-through price.
For international sales of products from the U.S. to a foreign jurisdiction,
the strike-through price reflects the exchange rate conversion from the U.S.
strike-through price plus, if applicable, an adjustment for additional
international surcharges that cover items such as taxes, duties, and shipping.
As a result, the strike-through price you see may be different than what you
see at another retailer that uses a different methodology for calculating
international surcharges or for which no surcharges apply.
Nothing can replace your own comparison shopping, and notwithstanding the
strike-through price information provided, if this is an important factor for
you in your purchasing decision, we recommend you conduct your own individual
research as well.
2.2
Payment Terms. For each Product you
order on the Web site, you agree to pay the price applicable for the Product as
of the time you submitted your order (“Product Price”), the delivery fees for
the delivery service you select (“Delivery Fees”), and any applicable Taxes
(defined below). StrictlyPosh will automatically bill your credit card or
PayPal account submitted as part of the order process for such amounts, and you
hereby authorize us to do so. You will be solely responsible for payment of all
taxes (other than taxes directly imposed on StrictlyPosh’s business activity in
a state, such as income taxes), fees, duties, and other governmental charges,
and any related penalties and interest, arising from the Product purchase
(“Taxes”) not withheld by StrictlyPosh. All payments are non-refundable (except
as expressly set forth in Section 2.1 and 2.3).
2.3
Orders. Your receipt of an
order confirmation from us does not signify our acceptance of your order, nor
does it constitute confirmation of our offer to sell. We reserve the right at
any time after receipt of your order to accept or decline or cancel your order
(in whole or in part) for any reason. We may require additional verifications
or information before accepting any order. Your order is not accepted until it
is shipped (or a portion of the order is shipped). Notwithstanding the
foregoing, you agree that, if we cancel all or a part of your order, your sole
and exclusive remedy is that we (a) issue a credit to your credit card or
PayPal account in the amount charged for the cancelled portion (if your credit
card has already been charged for the order) or (b) not charge your credit card
or PayPal account for the cancelled portion of the order.
2.4
PayPal Purchases. Orders placed using
a PayPal account as payment method will be processed upon submission, and funds
may be transferred from your PayPal account immediately. This does not signify
our acceptance of your order, nor does it constitute confirmation of our offer
to sell. We reserve the right to decline or cancel your order as defined in
Sections 2.1 and 2.3. This Section does not alter or amend any other Sections
of this Agreement.
2.5
Shipping Policy Any delivery dates
provided by StrictlyPosh are estimates. StrictlyPosh reserves the right to make
deliveries in installments. StrictlyPosh will send you an email when your order
has shipped and you may review your order and shipping & handling
information on your StrictlyPosh My Account page. We ship within the US
(including Alaska, Hawaii and APO/FPO/DPO addresses), and to Canada, Australia,
the European Union and many other countries throughout the world. Legal title
to, right of possession, and risk of loss or damage to or destruction of the
products purchased shall transfer to customer upon StrictlyPosh’s delivery to
carrier at shipping point. Some products may ship directly from China and
customer will be importer of record of such products for U.S. customs and
Border Protection. Notwithstanding the foregoing, StrictlyPosh will provide
refunds for damaged product as described in Section 2.6(c).
Shipping
& Handling
All items are shipped from our
warehouses around the world. Some items are shipped from Asia.
Please allows 3-5 business days
processing time for the items to be shipped out from our warehouse after your
order.
Once items are shipped from our
warehouse items will arrive at your address in 5-12 business days. Including
the processing time you would receive the item within 17 days in most countries.
If you do not receive your order within
the 17 day estimated period. Feel free to contact our dedicated support team
2.6
Return Policy
(a)
Return Policy. StrictlyPosh will
only accept returns on products that are identified on the Product information
page as eligible for return or as provided in Section 2.6(c). Custom made products are not returnable. Once StrictlyPosh
confirms that your Product was returned in accordance with Section 2.6, your
sole and exclusive remedy is a store credit in the amount charged for the
applicable Product; provided that the credited amount will not include the
applicable Delivery Fee, which is nonrefundable. Additionally, any applicable
return shipping and restocking fees will be deducted from the credited amount.
Promotional shipping offers may not be applied to return shipping costs. Store
credits may only be used for future purchase of Products on the Web site
(excluding gift cards) and are subject to the restrictions set forth in Section
11.
(b)
Exchanges. We do not accept
any Product exchanges.
(c)
Damaged Products. If the Product
arrives damaged (“Damaged Product”), StrictlyPosh will accept returns for a
full refund only in accordance with the Return Procedures below. Once StrictlyPosh
confirms that you received a Damaged Product that was returned in accordance
with the Return Procedures below, your sole and exclusive remedy is that (a) we
will issue a refund to your credit card or PayPal account in the amount charged
for the Damaged Product (if your credit card or PayPal account has already been
charged for the Product) or (b) we will not charge your credit card or PayPal
account for the Damaged Product. The refunded amount will include the
applicable Delivery Fee.
(d)
Return Procedures All returns of
eligible product must be initiated within 30 days after the Product delivery
date. All returned Products must be unused (e.g., not worn, washed, damaged, or
altered), in the original packaging with original tags attached and returned in
accordance with the instructions received from contacting customer service
at support@StrictlyPosh.com. Once you initiate a return, Once you initiate a return, customer is obligated to ship product back to address provided byStrictlyPosh at customer's expense. Unauthorized returns
will not be refunded or credited to your account, and we may handle or dispose
of those products as we see fit in our sole discretion.
3.1
License. Subject to the
terms of this Agreement, StrictlyPosh grants you a limited, non-transferable,
non-exclusive, license to access and make personal use of the shopping services
and features provided on the Web site. This license does not include any resale
or commercial use of the Web site features or content, or the right to access
or use the Web site for any of the restricted purposes set forth in Section
3.2. StrictlyPosh may terminate this license at any time for any reason.
3.2
Certain Restrictions. The rights granted
to you in this Agreement are subject to the following restrictions: (a) you shall
not license, sublicense, reproduce, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Web site or its content
without the express written consent of StrictlyPosh; (b) you shall not modify,
make derivative works of, disassemble, reverse compile or reverse engineer any
part of the Web site; (c) you shall not access the Web site in order to build a
similar or competitive service, or to download, copy or collect content or
account information for the benefit of another merchant; (d) except as
expressly stated herein, no part of the Web site may be copied, reproduced,
distributed, republished, downloaded, displayed, posted or transmitted in any
form or by any means without StrictlyPosh’s express written consent; and (e)
you shall not frame or utilize framing techniques to enclose any trademark,
logo, or other proprietary information or content (including images and text
descriptions) of the Web site without StrictlyPosh’s express written consent.
Any future release, update, or other addition to functionality of the Web site
shall be subject to the terms of this Agreement.
3.3
Modification. StrictlyPosh
reserves the right, at any time, to modify, suspend, or discontinue the Web
site or any part thereof with or without notice.
3.4
Ownership. You acknowledge
that all intellectual property rights in the Web site, including our rights to
copyrighted material, patents, trademarks, service marks, and trade secrets
(“Intellectual Property”) (excluding any User Content) are owned by StrictlyPosh
and its licensors, and neither the limited license granted in Section 3.1, nor
our provision of the Web site under this Agreement shall transfer to you or any
third party any rights, title or interest in or to such Intellectual Property. StrictlyPosh
reserves all rights not granted in this Agreement.
4.1
User Content. “User Content” of a
Web site user means any and all information and content that such user submits
to StrictlyPosh by any means, including through social media (e.g., Facebook,
Twitter), or uses with the Web site (e.g., a user profile or a feedback submission).
You are solely responsible for your User Content. You assume all risks
associated with use of your User Content, including any reliance on its
accuracy, completeness or usefulness by others, or any disclosure of your User
Content that makes you or any third party personally identifiable. You hereby
affirm, represent, and warrant that (i) you own, or have the necessary
licenses, rights, and/or consents to use your User Content with the Web site as
described herein and (ii) your User Content does not violate the Acceptable Use
Policy (defined below). You may not state or imply that your User Content is in
any way provided, sponsored or endorsed by StrictlyPosh. Because you alone are
responsible for your User Content (and not StrictlyPosh), you may expose
yourself to liability if, for example, your User Content violates the
Acceptable Use Policy. StrictlyPosh is not obligated to backup any User
Content, makes no representation that it will do so, and you agree that StrictlyPosh
may delete User Content at any time.
4.2
License. By submitting your
User Content or using it with the Web site , you automatically grant, and you
represent and warrant that you have the right to grant, to StrictlyPosh an
irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works
of, incorporate into other works, and otherwise use your User Content, and to
grant sublicenses of the foregoing, solely for the purposes of including your
User Content in the Web site, StrictlyPosh social media platforms or marketing
initiatives. You agree to irrevocably waive (and cause to be waived) any claims
and assertions of publicity or moral rights, or attribution with respect to
your User Content.
4.3
Feedback. StrictlyPosh will
treat any feedback, communications, or suggestions you provide to StrictlyPosh
as non-confidential and non-proprietary. Thus, in the absence of a written
agreement with StrictlyPosh to the contrary, you agree that you will not submit
to StrictlyPosh any information or ideas that you consider to be confidential
or proprietary.
The
following sets forth StrictlyPosh’s “Acceptable Use Policy”:
5.1 You agree not to use the Web site to collect, upload, transmit,
display, or distribute any User Content (a) that violates any third-party
right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or
proprietary right; (b) that is unlawful, harassing, abusive, tortious,
threatening, harmful, abusive, invasive of another’s privacy, vulgar,
defamatory, false, intentionally misleading, trade libelous, pornographic,
obscene, patently offensive (e.g., material that promotes racism, bigotry,
hatred, or physical harm of any kind against any group or individual) or
otherwise objectionable material of any kind or nature or which is harmful to
minors in any way; or (c) in violation of any law, regulation, or obligations
or restrictions imposed by any third party.
5.2 In addition, you agree not to commercially exploit the Web site
or use it to: (a) upload, transmit, or distribute any computer viruses, worms,
or any software intended to damage or alter a computer system or data; (b) send
unsolicited or unauthorized advertising, promotional materials, junk mail,
spam, chain letters, pyramid schemes, or any other form of duplicative or
unsolicited messages, whether commercial or otherwise; (c) harvest, collect,
gather or assemble information or data regarding other users, including e-mail
addresses, without their consent; (d) interfere with or disrupt servers or
networks connected to the Web site or violate the regulations, policies or
procedures of such networks; (e) attempt to gain unauthorized access to the Web
site, other computer systems or networks connected to or used together with the
Web site, through password mining or other means; or (f) harass or interfere
with another user’s use and enjoyment of the Web site.
5.3 We reserve the right (but have no obligation under this
Agreement) to review any User Content, investigate, and/or take appropriate
action against you, in our sole discretion, if you violate the Acceptable Use
Policy or any other provision of this Agreement, including removing or modifying
your User Content, terminating your StrictlyPosh Account in accordance with
Section 11, and/or reporting you to law enforcement authorities. We may also
remove or modify your User Content if it, in our sole judgment, violates the
rights of, harms, or threatens the safety of any other person, or creates
liability for us or any other person. In order to cooperate with legitimate
governmental requests, subpoenas or court orders, or to protect our business
and members, we may access and disclose any information we consider necessary
or appropriate, including your StrictlyPosh Account username and password, IP
address and traffic information, usage history, and your User Content.
6 Third
Party Sites and Other Users
6.1
Third Party Sites. The Web site may
contain links to, or advertisements for, third party web sites (collectively,
“Third Party Sites”) (for example, social media sites such as Facebook,
Twitter, or Pinterest). Such Third-Party Sites are not under the control of StrictlyPosh
and StrictlyPosh is not responsible for any Third-Party Sites. StrictlyPosh
provides links to these Third-Party Sites only as a convenience and does not
review, approve, monitor, endorse, warrant, or make any representations with
respect to Third Party Sites. You agree that you use all Third-Party Sites at
your own risk. When you link to a Third-Party Site, the applicable service
provider’s terms and policies, including privacy and data gathering practices
govern. You should make whatever investigation you feel necessary or
appropriate before proceeding with any transaction with any Third-Party Site.
6.2
Other Users. Each Web site user
is solely responsible for any and all of its User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for
any User Content and we make no guarantees regarding the accuracy, currency,
suitability, or quality of any User Content, and we assume no responsibility
for any User Content. Your interactions with other Web site users are solely
between you and such user. You agree that StrictlyPosh will not be responsible
for any loss or damage incurred as the result of any such interactions. If
there is a dispute between you and any Web site user, we are under no
obligation to become involved.
Parties other than StrictlyPosh provide services, or sell product lines through
the Web site. We may provide links to the site of these unaffiliated companies
and certain other businesses. We have no control over and cannot warrant the
offerings of, any of these businesses or individuals or the content of their
websites. StrictlyPosh does not assume any responsibility or liability for the
actions, product, and content of all these and any other third
parties.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST
HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You
agree that any dispute or claim relating in any way to your StrictlyPosh
purchase, use of any Product, or use of the Web site will be resolved by
binding arbitration rather than in court, except that you may assert claims in
small claims court if your claims qualify. You understand and agree that you
are waiving your right to sue or go to court to assert or defend your rights
under this contract. You agree that the Federal Arbitration Act and federal
arbitration law apply to this agreement.
For
all disputes whether pursued in small claims court or arbitration, you must
first give us an opportunity to resolve your claim by sending a written
description of your claim to StrictlyPosh 2221 SW Whitemarsh Way, Palm City, FL
34990. We each agree to negotiate your claim in good faith. If we are unable to
resolve the claim within 60 days after we receive this claim description, you
may pursue your claim in arbitration. We each agree that if you fail to timely
pay amounts due, we may assign your account for collection, and the collection
agency may pursue, in small claims court, claims limited strictly to the
collection of the past due amounts and any interest or cost of collection
permitted by law or the Agreement.
StrictlyPosh’s liability is limited to the cost paid for the item in
dispute and does not include any shipping costs.
The
dispute will be arbitrated by a neutral arbitrator mutually agreeable to both
of us.
CLASS
ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR
COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR
REPRESENTATIVE ACTION OR AS A MEMBER 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.
JURY
TRIAL WAIVER. If a claim proceeds
in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A
JURY TRIAL.
Subject
to this Section, this Agreement will remain in full force and effect while you
use the Web site. We may (a) suspend your rights to use the Web site (as well
as your StrictlyPosh Account) or (b) terminate this Agreement, at any time for
any reason at our sole discretion, including for any use of the Web site in
violation of this Agreement or if we believe you are younger than 18. Upon
termination of this Agreement, your StrictlyPosh Account and right to access
and use the Web site will terminate immediately. You understand that any
termination of your StrictlyPosh Account may involve deletion of any User
Content you may have posted. StrictlyPosh will not have any liability
whatsoever to you for any termination of this Agreement, including for
termination of your StrictlyPosh Account or deletion of your User Content. Even
after this Agreement is terminated, the following provisions of this Agreement
will remain in effect: Sections 2.6, 3.2-3.4, 4, 5 and 7-10.
StrictlyPosh
respects the intellectual property of others and asks that users of our Web
site do the same. Except as authorized in Section 3.1 of this Agreement, you
are not permitted access or use of any of StrictlyPosh’s Intellectual Property
without our prior written consent or the consent of such third party that may
own intellectual property with respect to Products displayed on the web site.
In connection with our Web site, Products, and any services we offer, we have
adopted and reasonably implemented a policy respecting copyright law that
provides for the removal of any infringing materials and for the termination,
in appropriate circumstances, of users of our Web site who are repeat
infringers of intellectual property rights, including copyrights. If you
believe that your work has been copied in a way that constitutes copyright
infringement and wish to have the allegedly infringing material removed from
our Web site, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright
Agent:
1.
your physical or electronic signature;
2. identification of the copyrighted work(s) that you claim to have been
infringed;
3. identification of the material on our services that you claim is infringing
and that you request us to remove;
4. sufficient information to permit us to locate such material;
5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable
material is not authorized by the copyright owner, its agent, or under the law;
and
7. a statement that the information in the notification is accurate, and under
penalty of perjury, that you are either the owner of the copyright that has
allegedly been infringed or that you are authorized to act on behalf of the
copyright owner.
Please
note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material
fact (falsities) in a written notification automatically subjects the complaining
party to liability for any damages, costs and attorneys’ fees incurred by us in
connection with the written notification and allegation of copyright
infringement.
10
Offers, Promotions, and Customer Credits
StrictlyPosh
may from time to time and in its sole discretion make available special offers
and promotions to its members, including offers and promotions that provide an
opportunity for members to receive store credits, coupons, prizes, or benefits,
(for example, referral credits issued to customers for referring others to StrictlyPosh).
Any such offers and promotions will expire on the dates specified in the offer
or promotion. Credits, coupons, prizes, or benefits shall specify the terms
that apply to their use and redemption and those terms shall apply. Credits,
coupons, prizes, and benefits may not be combined with any other offers or
promotions. We reserve the right at any time with our discretion, and without
prior notice, to discontinue any offer or promotion or to add or change offer and
promotion terms or conditions, including changing expiration periods or credit
values for existing or future credits. Referral credits cannot accrue until or
unless the referred customer completes a purchase on the Web site and all other
conditions of the relevant promotion have been met.
Credits
are only for use on Products available for purchase on the Web Site and may not
be used for the purchase of gift cards or services. Credits are promotional in
nature without any exchange of money or value from you. Credits are not
transferable to other accounts and as such, credits do not constitute property
and you do not have a vested property right or interest in the credits.
StrictlyPosh
reserves the right to suspend or terminate the account of any user it believes
is engaged in fraudulent, illegal, or inappropriate conduct in relation to any
offers or promotions, including without limitation, using multiple user
accounts or email addresses to meet promotion or offer requirements, using
false names, impersonating others, or engaging in any other fraudulent or
misleading conduct. You agree to forfeit any credits, coupons, prizes, or
benefits as a result of any fraudulent, illegal, or inappropriate conduct. StrictlyPosh
reserves the right to void any such credits, coupons, prizes or benefits
granted if it suspects that these were derived in a fraudulent manner, a manner
that violates this Agreement or the terms of the offer or promotion, or in a
manner otherwise not intended by StrictlyPosh. In addition, any fraudulent,
illegal, or inappropriate conduct in relation to any offers or promotions, may
subject you to liability for civil and/or criminal penalties under applicable
law. If StrictlyPosh terminates your account, for any reason, any credit
balances in your account will be cancelled, except as prohibited by law.
Account balances are determined by StrictlyPosh and such determination is
final.
11.1
Changes to Terms of Service. This
Agreement is subject to occasional revision, and if we make any material
changes we will post notice of the changes on our Web site. These changes will
be effective immediately. Continued use of our Web site following notice of
such changes shall indicate your acknowledgement of such changes and agreement
to be bound by the any revision of these Terms and Conditions.
11.2 Governing Law. This Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the state in which you reside, without regard to the conflicts of laws rules of that state or any other state. This Agreement constitutes the entire agreement.