Terms of Service
Gather and Gown website terms of service
ARTICLE III. ACCESSING THE SITE AND ACCOUNT SECURITY
3.1 GATHERANDGOWN reserves the right to withdraw or amend the Site and any Services it provides on the Site in its sole discretion without notice. GATHERANDGOWN will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, GATHERANDGOWN may restrict access to some parts of the Site, or the entire Site, to users.
3.4 If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password or other security information. You agree to notify GATHERANDGOWN immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
ARTICLE IV. TEXT MESSAGES, MOBILE APPLICATION PUSH AND EMAIL NOTIFICATIONS
4.1As part of the Services, GATHERANDGOWN may send reminders, alerts, or critical service-related notifications via text message or email to its users (collectively, “notifications”), and you acknowledge and consent to the receipt of such messages.
4.2 In connection with any notifications, you certify that you are the account holder of the mobile phone number provided to GATHERANDGOWN or that you have the account holder’s express permission to use the specified phone to receive text messages about your account from GATHERANDGOWN.
4.3 Message and data rates may apply.
4.4 You acknowledge and agree that the reception of notifications is not 100% guaranteed. You further acknowledge and agree that the reception of notifications is dependent on the operation of your mobile phone provider and/or internet service provider and the service of the mobile phone company and/or internet service provider with which you have an account or prepaid card. GATHERANDGOWN shall have no responsibility or liability for the damages and costs incurred by your not receiving a notification on time or by the insufficient operation of your mobile network, mobile phone company and/or internet service provider.
4.5 You may opt out of receiving text messages, push or email notifications at any time. Opting out of notifications can be completed contacting us at firstname.lastname@example.org.
ARTICLE V. MERCHANDISE AND PAYMENT
5.1 You may choose to purchase merchandise through the Site. GATHERANDGOWN may limit or cancel orders placed, and GATHERANDGOWN reserves the right to refuse any order. In the event that GATHERANDGOWN needs to change an order, it will attempt to contact you by email, mail to your address or phone number provided at the time the order was made. The prices displayed on the Site are stated in U.S. currency and are valid only in the U.S. Prices are subject to change at any time. Sales tax, if applicable, will be added to the order. You are responsible for providing accurate and complete measurements for custom item orders.
5.2. Shipping of orders will be as indicated at the time the order is placed. GATHERANDGOWN will process your payment for your order by charging your credit card, debit card or PayPal account at the time an order is placed.
ARTICLE VI. RETURNS AND EXCHANGES
6.1.1 merchandise must be returned in the condition you received it;
6.1.2 merchandise that has been worn, washed or altered will not be accepted for return or exchange and will be returned to you;
6.1.3 merchandise must retain all tags in order for GATHERANDGOWN to issue a return; we recommend keeping tags attached to the merchandise until you are completely satisfied with your purchase; once the tag has been removed, merchandise can no longer be exchanged;
6.1.4 merchandise must be returned in the original box it was shipped in.
6.2. Review our return policy to make sure you meet all conditions for a successful return or exchange. The following steps should be followed:
6.2.1 Email us at email@example.com or call at (844) 588-4401 for a return shipping label to be emailed to you;
6.2.2 the original shipping box should be sealed and affix the return shipping label onto the box;
6.2.3 deposit your box at any UPS location or arrange for pick-up by UPS.
6.3. All merchandise is inspected for defects before being shipped. If you believe your merchandise is faulty, damaged or does not match the description on our Site, please contact our customer service team by email at firstname.lastname@example.org or call at (844) 873-7578 within fourteen (14) days of receiving your merchandise. GATHERANDGOWN will attempt to replace any defective, damaged or incorrectly shipped merchandise. If a replacement cannot be issued, you will receive a refund for the purchase price plus shipping and handling fees incurred.
6.4 Once your return is received and inspected by the fulfillment centers (usually within seventy-two (72) hours of receipt), your credit less a $20 restocking charge will be processed and a website credit promotional code for the balance will be emailed to you within seven (7) days. Please note that this credit expires in 365 days from the date of issue.
ARTICLE VII. INTELLECTUAL PROPERTY RIGHTS
7.2 The GATHERANDGOWN name, GATHERANDGOWN’s logos and all related names, logos, merchandise and service names, designs and slogans are trademarks of GATHERANDGOWN or its affiliates or licensors. You must not use such marks without the prior written permission of GATHERANDGOWN. All other names, logos, merchandise and services names, designs and slogans on the Site are the trademarks of their respective owners.
ARTICLE VIII. USER CONTRIBUTIONS
8.1 The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (“post”) content or materials (“User Contributions”) on or through the Site.
8.3 Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant GATHERANDGOWN and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
8.5 GATHERANDGOWN has the right to:
8.5.1 remove or refuse to post any User Contributions for any or no reason in our sole discretion,
8.5.2 take any action with respect to User Contributions that GATHERANDGOWN deems necessary or appropriate in its sole discretion,
8.5.3 disclose your identity or other information about you to any third party who claims that material posted by you violates their rights,
8.5.4 take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site, and
8.5.5 terminate or suspend your access to all or part of the Site for any or no reason.
8.6 Without limiting the statements set forth in Section 8.5, GATHERANDGOWN has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS GATHERANDGOWN, ANY OF ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
8.7 However, we do not undertake to review material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
ARTICLE IX. CONTENT STANDARDS
ARTICLE X. COPYRIGHT POLICY
10.1 GATHERANDGOWN respects the intellectual property rights of others and will take active steps to remove any materials that infringe on others’ copyrights.
10.2 If you believe any User Contributions infringe on your copyrights, you may request removal of those materials from the Site by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
1. Your physical or electronic signature,
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works,
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material,
4. Adequate information by which GATHERANDGOWN can contact you (including your name, postal address, telephone number and, if available, e-mail address),
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law,
6. A statement that the information in the written notice is accurate, and
7. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notice is:
Dominic P. Marco, Jr.
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under the DMCA.
10.3. If you believe that material you posted on the Site was removed by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following :
1. Your physical or electronic signature,
2. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed,
3. Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address),
4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed as a result of a mistake or misidentification of the material to be removed, and
5. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.
Completed Counter-Notice should be sent to:
Dominic P. Marco, Jr.
10.4 The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of the Counter Notice.
10.5 It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
ARTICLE XI. LIMITATION OF LIABILITY
NEITHER GATHERANDGOWN OR ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES EVEN IF FORESEEABLE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES) OF GATHERANDGOWN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR MANAGERS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO GATHERANDGOWN FOR THE APPLICABLE MERCHANDISE OUT OF WHICH LIABILITY AROSE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ARTICLE XII. DISCLAIMER OF WARRANTIES
You understand that GATHERANDGOWN cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. GATHERANDGOWN
WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ARTICLE XIII. INDEMNITY
ARTICLE XIV. MISCELLANEOUS
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall If Boutique LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Piccione Fashion Group, David Tutera and GATHERANDGOWN and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.