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PLEASE READ CAREFULLY AS THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT.
Welcome the website www.therevury.com (the "Site") of The Revury, LLC ("The Revury”). These Terms of Service ("TOS") govern your use of the Service (defined below) and the Site. By using the Site or Service, you are stating that you have read, understand, and agree to be bound by, these TOS. You agree that these TOS incorporate and include The Revury’s Privacy Policy . The Site offers a range of services and sometimes additional terms (“Additional Terms”) may apply to your use thereof. For example, consignors are subject to additional terms included in the Consignor Terms, which governs the consignment of items for sale on the Site. Certain portions of the Site may not be available to you unless you have registered by creating an account on the Site. If you do not agree to be bound by these TOS and the Privacy Policy, you may not use the Service or Site in any way.
SECTION 1.1 Description of Services. On the Site, The Revury provides users with access to consign or purchase preowned luxury apparel and accessories online and related services ("Services" or “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
SECTION 1.2 License and Site Access. The Revury grants you a limited license to access the Site and Service for personal use. This license does not include: (i) any downloading or copying of account information for the benefit of another vendor or any other third party; (ii) caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); (iii) uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) any action that imposes or may impose (in The Revury’s sole discretion) an unreasonable or disproportionately large load on The Revury’s infrastructure; (v) or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by The Revury to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by The Revury.
SECTION 1.3 Membership Eligibility. You are not permitted to access the Service or Site if you are under the age of 18 or if your account has been suspended or removed by The Revury for any reason. You may not have more than one active account. Additionally, you are prohibited from selling, trading, or otherwise transferring your Revury account to another party. If you do not meet the foregoing eligibility requirements, you may not use the Service or the Site. From time to time The Revury may offer special promotional offers which may or may not apply to your The Revury account.
SECTION 1.4 Your Account. You represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or The Revury has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Revury has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify The Revury immediately of any unauthorized use of your account or any other breach of security. The Revury reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.
SECTION 1.5 Submitted Content. The Site and Service may provide you and other users with the ability to send messages or post content (together, "Postings") to or for other users and non-users. The Revury is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, The Revury may from time to time monitor the Postings on the Site or Service and may decline to accept and/or remove any Postings. You acknowledge that you are responsible for any Postings you may submit through the Site or Service, including the legality, reliability, appropriateness, originality and copyright of any such Postings. You may not upload to, distribute or otherwise publish through this Site any Posting that:
i. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. or foreign laws;
ii. may contain software viruses or malware;
iii. contains advertisements or solicitations of any kind, or other commercial content;
iv. is designed to impersonate others;
v. contains personal information (such as messages that include phone numbers, Social Security numbers, payment card numbers, account numbers, addresses or employer references), except where we expressly ask you to provide such information;
vi. contains messages by non-spokesperson employees of The Revury purporting to speak on behalf of The Revury or containing confidential information or expressing opinions concerning The Revury;
vii. contains messages that offer unauthorized downloads of any copyrighted, confidential or private information;
viii. contains multiple messages placed within individual folders by the same user restating the same point;
ix. contains chain letters of any kind; or
i. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to (a) using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact; (b) using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or (c) sending messages to distribution lists, newsgroup aliases or group aliases.
With respect to any Postings you submit or make available through the Site or Service (other than personal information, which is handled in accordance with the Privacy Policy), you grant The Revury a perpetual, irrevocable, non-terminable, worldwide, royalty-free, transferable and non-exclusive license, with the right to sublicense through multiple tiers, to use, copy, distribute, publicly display, modify, adapt, publish, create derivative works, and sublicense such Posting or any part of such Posting, in any format or medium now known or hereafter developed. You hereby represent, warrant and covenant that any Posting you provide (i) does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to The Revury, and (ii) The Revury’s authorized use thereof, does not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights).
SECTION 1.6 Authentication and Brands. You acknowledge and agree that The Revury’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with The Revury in any manner. However, The Revury fully cooperates with brands seeking to track down the source of counterfeit items, which includes revealing the contact information of consignors submitting counterfeit goods. For more information please see our Authentication Policy.
SECTION 2.1 Trademarks. The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of The Revury and other parties. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of The Revury or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
SECTION 2.2 Procedure; Intellectual Property Claims. The Revury respects the intellectual property of others and we expect our users to do the same. The Revury may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to us via email at contact@therevury.com , attention: Legal Department:
i. a description of the copyrighted work or other intellectual property that you claim has been infringed;
ii. evidence of ownership and 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;
iii. a detailed description of the alleged misuse, including where the material that you claim is infringing is located on the Site and how the action violates current U.S. copyright law;
iv. your address, telephone number, and email address where you can be reached;
v. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; and
vi. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
SECTION 3.1 Disclaimer of Warranty. ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR AVAILABLE THROUGH THE SERVICE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE REVURY DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE OR SERVICE BY ANY PARTY, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL THE REVURY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
SECTION 3.2 Limitation on Liability. YOU EXPRESSLY UNDERSTAND AND HEREBY AGREE THAT THE REVURY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE REVURY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
SECTION 3.3 Indemnification. You will indemnify and hold harmless The Revury from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by The Revury and such parties, and shall defend The Revury and such parties against any and all claims arising out of (1) your breach of this TOS; (2) any intentional misconduct, fraud or gross negligence committed by you or on your behalf; or (3) your violation of the rights of a third party or violation of any applicable U.S. or foreign law. The Revury will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of The Revury.
SECTION 3.4 Force Majeure. The Revury shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of The Revury. In the event that The Revury is temporarily unable to ship to you a purchased item because of such an event, The Revury will give you the option of deferring shipment or receiving a refund of your charges.
SECTION 3.5 Electronic Communication. When you use the Site, Service or send emails to The Revury, you are communicating with The Revury electronically. You consent to receive communications electronically from The Revury and/or its affiliates or vendors authorized to send messages on its behalf. The Revury will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
SECTION 3.6 Links. The Site, Service or third parties may provide links to other websites or resources. Because The Revury has no control over such sites and resources, you acknowledge and agree that The Revury is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You further acknowledge and agree that The Revury shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
SECTION 4.1 Mandatory Arbitration. Any dispute or claim relating in any way to your use of The Revury’s Service, the Site, or to any products or services sold or distributed by The Revury or through the 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. The Federal Arbitration Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this TOS as a court would.
SECTION 4.2 Arbitration Procedure. To begin an arbitration proceeding, you must provide proper notice by sending a letter requesting arbitration and describing your claim to us at contact@therevury.com, attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Orange County, California where The Revury is headquartered or at another mutually agreed location.
SECTION 4.3 CLASS ACTION AND JURY TRIAL WAIVER. We each agree that any arbitration will be conducted only on an individual basis between You and The Revury and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.
SECTION 5.1 Severability. If any of these terms or conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SECTION 5.2 Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
SECTION 5.3 Survival. Notwithstanding any other provision of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
SECTION 5.4 Amendment; Notification of Changes. The Revury reserves the right to make changes to the Service, Site, related policies and agreements, this TOS and/or the Privacy Policy at any time. If The Revury makes a material modification to this TOS or other agreement it will notify you by:
a) sending an email to the address associated with your account. The Revury is not responsible for your failure to receive an email due to the actions of your ISP or any email filtering service; therefore, you should add TheRevury.com to the list of domains approved to send you email; or
b) displaying a prominent announcement above the text of this TOS or the Privacy Policy, as applicable, for thirty (30) days.
Both forms of notice are hereby deemed sufficient notification of such changes. After notice of a modification to the TOS or the Privacy Policy has been posted for 30 days, the notice may be removed. If you choose to continue using the Site or Service, you agree that by doing so you will be deemed to accept the new TOS or Privacy Policy, as relevant.
SECTION 5.5 Notices. All notices and other communications required or permitted to be sent to The Revury under this TOS shall be in writing and shall be sent via electronic mail to The Revury at contact@therevury.com, attention: Legal Department with an appropriate subject line highlighting the legal notice and with a copy (which shall not constitute notice) to Colin Fraser, Greenberg Traurig LLP, 3161 Michelson Drive, Suite 1000, Irvine, CA 92612. Notice or other communication shall be treated as effective or having been given when directed to the relevant electronic mail address, if sent during normal business hours of the recipient, or if not sent during normal business hours of the recipient, then on the recipient’s next business day.
SECTION 5.6 Governing Law. These TOS and the relationship between you and The Revury will be governed by the laws of the State of California without regard to its conflict of law provisions. You and The Revury agree to submit to the personal jurisdiction of the federal and state courts located in Orange County, California with respect to any legal proceedings that may arise in connection with this TOS.
SECTION 5.7 Non-Waiver. The failure of The Revury to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The Revury does not guarantee it will take action against all breaches of this TOS. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS.
SECTION 5.8 Entire Agreement. This TOS and the documents incorporated herein by reference constitute the entire agreement between you and The Revury and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and The Revury with respect to the Site or Service.
