1.Intellectual Property Ownership and Use
1.1 You acknowledge and agree that the trademarks, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
2. Infringement Notice
2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: [email protected]
2.2 In order for us to more effectively assist you, the notification must include all of the following
- A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
- A description of the copyrighted work or other right you claim has been infringed or violated;
- Information reasonably sufficient to locate the material in question on the Website
- Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
3. Errors and Inaccuracies
We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information at any time without prior notice.
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.
4.3 The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
6. External Sites and Resources
We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
7.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
7.2 WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
8.Limitations on Liability
10. Investigations of Violations of These Terms
11. Notice for California Users
Under California Civil Code Section 1789.3, California Website users are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at [email protected].
12. Resolution Of Claims or Disputes.
12.3 A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the claim or dispute and setting forth the specific relief sought. All Notices to us shall be sent to the following address: Rent the Runway Foundation, 345 Hudson Street, New York, NY 10014. Upon receipt of such Notice, the other party shall have a thirty-day period in which it may satisfy the claim against it by fully curing the dispute and/or providing all the relief requested in the Notice. After the expiration of such thirty-day cure period, you or we may commence an arbitration proceeding. The arbitration of any claim or dispute under this Agreement shall be conducted pursuant to the American Arbitration Association’s (“AAA”) United States Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures are available by calling the AAA or by visiting its web site at www.adr.org. The arbitration of any claim or dispute under this Agreement shall be conducted in the State of California or in the location in which you received this Agreement or in your home state. For any non-frivolous claim that does not exceed $25,000, we will pay all costs of the arbitration and will agree to conduct the arbitration through the AAA offices in your home state. For any claim under $10,000, we further agree that any hearings may be held by telephone and that we will not seek attorney’s fees in the event we prevail. You acknowledge and agree that each party shall pay the fees and costs of its own counsel, experts and witnesses in any arbitration proceeding.
13.4 The communications between you and RTR Foundation use electronic means, whether you visit the Website or send RTR Foundation e-mails, or whether RTR Foundation posts notices on the Website or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from RTR Foundation in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that RTR Foundation provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
14. Contact Information & Notice
Where RTR Foundation requires that you provide an e-mail address, you are responsible for providing RTR Foundation with your most current e-mail address. In the event that the last e-mail address you provided to RTR Foundation is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Company’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may send us notices or communicate with us by email to [email protected] If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.
DATE LAST MODIFIED April 4, 2018| Rent the Runway Foundation, 345 Hudson Street, New York, NY 10014 | [email protected]