ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND RUE LA LA AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND RUE LA LA WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us in the event of any unauthorized use of your account or other breach of security.
The following terms and conditions apply to the applicable features in connection with the Services:
(a) Membership Rewards. In connection with our Membership reward program, we may offer you, as a Member, the ability to earn reward credits toward future purchases via the Services. Our rewards program, among other program elements that we may determine from time to time, offers you the ability to invite your friends to become members of Rue La La and to receive a reward credit when those friends place a Qualifying Order (defined below). On shipment of each Qualifying Order your account will be credited with a reward of ten dollars ($10.00 USD) or such other amount or promotional feature or reward as may be posted from time to time (the "Reward"). A "Qualifying Order" means the first order placed with Rue La La by an individual whom you sponsored or to whom you sent an invitation to join Rue La La, provided that such individual properly followed the instructions contained in the invite mechanism. Rewards may be redeemed only for the purchase of products or services on ruelala.com and may not be used for the purchase of gift cards. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. We will notify you when any Rewards are posted to your account. At our option, Rewards may expire eighteen months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards credits or replacing such Rewards with such other promotional rewards as we determine from time to time.
(b) Vouchers. We offer a service pursuant to which third party sellers of goods, services and/or experiences ("Merchants") present offers ("Offers") for you to purchase vouchers ("Vouchers") redeemable for Merchant goods, services and/or experiences. Vouchers are subject to the limitations described in each Offer at the time of purchase of the Voucher. Without limiting the foregoing, all Vouchers are subject to the additional terms and conditions found thereon as well as all terms and conditions herein. Please note that the Merchants may impose additional requirements or restrictions on Vouchers, such as age requirements, maximum occupancy, and availability. The specific terms of each Voucher will control in the event of any conflicting terms contained herein, unless prohibited by law. By purchasing a Voucher, you indicate your acceptance of all of the terms and conditions applicable to such Voucher, as set forth in the Offer, on the Voucher, by the Merchant and herein.
Vouchers are void to the extent prohibited by law. We are not responsible for lost or stolen Vouchers or Voucher reference numbers. Vouchers cannot be combined with any other vouchers, third party certificates, coupons, or promotions, unless otherwise specified by Merchant. Reproduction, modification, sale or trade of the Voucher is prohibited unless done so in compliance with applicable law. Unless expressly stated in an Offer or on a Voucher, sales tax which may be due on any goods, services and/or experiences you receive is not included. The Merchant is obligated to honor the Voucher in compliance with all applicable laws. Without limiting the foregoing, use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant and is subject to compliance with all applicable laws. Rue La La is not the issuer of the Voucher and is not responsible for the redemption of the Voucher.
Unless otherwise required by law, Vouchers have no cash value. Cash back will be issued for partial redemption of the Paid Portion of any Voucher to the extent required by law. To the extent that a Merchant is required by law to provide cash back for partial redemptions of the Paid Portion of any Voucher, the amount of the cash back you would be entitled to receive is equal to the difference between the Paid Portion and the amount you redeemed. For example, if you purchased a $50.00 Voucher for $25.00 (Paid Portion) and only redeemed $20.00 worth of goods or services from the Merchant, you would be entitled to cash back of $5.00. Likewise, if you redeemed your Voucher for $30.00 worth of goods or services from the Merchant, you would not be entitled to any cash back since the amount you redeemed ($30.00) is greater than the Paid Portion ($25.00). No cash back or credit will be issued for the Promotional Portion, or any portion thereof, of any Voucher, unless required by law.
The Merchant is the seller of the goods, services and/or experiences which you purchase, and is the sole seller, issuer and obligor of the Voucher. As such, the Merchant shall be fully responsible for any and all loss or damage of any kind, including financial injury, personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to your redemption or attempted redemption, in whole or in part, of any Voucher. You waive and release Rue La La, its parent, subsidiaries and affiliates, and their respective officers, directors, employees, agents, successors, subsidiaries, divisions, distributors, suppliers, affiliates and third parties from any liability for any damages or losses arising out of or otherwise incurred in connection with your redemption or attempted redemption, in whole or in part, of any Voucher.
Rue La La is solely the marketing portal for the Merchant. If you have problems with the Voucher or the goods, services and/or experiences provided, or to be provided, in connection with the Voucher, we will use reasonable efforts to assist you in dealing with the Merchant. However, we cannot and do not guarantee the issuance of any credits and/or refunds. Any attempted redemption of any Voucher not consistent with these terms and conditions and such additional terms and conditions as discussed above will render the Voucher null and void; and may result in a forfeiture of charges you paid to Rue La La therefor. Resale of the Voucher or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Vouchers are subject to verification and are void if not obtained in accordance with these terms and conditions and through legitimate channels.
RUE LA LA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO VOUCHERS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT A VOUCHER CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL BE THE REPLACEMENT OF SUCH VOUCHER. THE RISK OF LOSS AND TITLE FOR VOUCHERS PASS TO THE PURCHASER UPON OUR ELECTRONIC OR OTHER TRANSMISSION TO THE RECIPIENT, WHICHEVER IS APPLICABLE.
This Section 3(b) applies only to the Voucher service and no other Services.
(c) Return Credit. Items that have been returned for a Rue La La merchandise credit will be refunded in the form of a merchandise credit (a "Merchandise Credit") at the original purchase price, plus applicable sales tax, and, if applicable, the return shipping charges will be deducted from the amount of the Merchandise Credit. Merchandise Credit may be redeemed only for the purchase of merchandise and/or Vouchers on ruelala.com and may not be used for the purchase of gift cards or services. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the Rue La La business, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
(d) Return Refund. Items that have been returned for a refund to your original form of payment will be refunded (a "Return Refund") at the original purchase price plus applicable sales tax and the return shipping charges (if any) will be deducted from your refund. Please note that in connection with the Return Refund, a refund to your original form of payment includes restoring any prior Merchandise Credit or Membership Rewards that you may have used for your purchase to your Rue La La Member account. Refunds to your original form of payment will appear on your statement within approximately seven days.
(e) Credit Balances. Any credit balance (including a Reward balance and/or Merchandise Credit) will be automatically applied to your next purchase of merchandise and/or Vouchers from ruelala.com and the order of redemption of such credits will be determined by Rue La La. To the extent your credits exceed the amount of your total purchase, the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, to the fullest extent permitted by law. Account balances are determined by Rue La La and such determination is final.
(f) Still Want It? For certain products that are listed as sold out on ruelala.com, you can offer to purchase the item by clicking on the “Still Want It?” button on the item’s product page. This will prompt you to fill out your billing and shipping information. If Rue La La is able to locate the item for you, you agree that your credit card will be automatically charged as soon as the item ships.
(g) Text Messages. If you provided us with your mobile phone number, you must have a text messaging-enabled mobile device with a text messaging plan in order to receive text messages from us. This service is free from Rue La La but charges from your carrier for text, data or other usage may apply and you are responsible for all such charges.
(h) Member Email and Postings. We may provide Members with the ability to send email messages to others and to post messages on our websites or mobile applications or otherwise in connection with the Services. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter "post") or transmit to or share with other Members (collectively, the "Member Content"). Any Member Content that is posted will not be treated as confidential. Rue La La has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason subject to applicable law. If Rue La La chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, except in compliance with Section 15 below. If you are involved in a dispute with one or more Members of Rue La La, to the fullest extent permitted by law Rue La La is released (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
When you post or otherwise make available any Member Content for inclusion on any part of our websites or mobile applications or otherwise in connection with the Services, you are hereby granting Rue La La an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services or the promotion thereof, or for Rue La La's (and its successors' and affiliates') business including without limitation for promoting and redistributing part or all of our websites, mobile applications or the Services (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sublicenses of the foregoing. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license specified in this Section 3(h). You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to Rue La La that Rue La La is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
All Member Content is the responsibility of the Member, not Rue La La. In addition to the restrictions set forth in Section 1, you agree not to use the Services to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive, or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of Rue La La, its parent, subsidiaries, or affiliates; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree to invite to join Rue La La (each, an "Invite") only individuals who consent to be invited and you will not invite anyone who does not know you or who is unlikely to recognize you as a known contact. We may from time to time use the information you provide for Invites to send and follow up on the Invites, provide information about the Services, confirm qualifying orders attributable to your account and track the results of the invitation referrals.UNDER NO CIRCUMSTANCE SHALL ANY DISCLOSURE OF ANY MEMBER CONTENT TO RUE LA LA BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION. BY SUBMITTING ANY MEMBER CONTENT TO OR THROUGH RUE LA LA, YOU REPRESENT AND WARRANT THAT ALL YOUR MEMBER CONTENT WILL NOT VIOLATE ANY RIGHT OF ANY THIRD PARTY, INCLUDING COPYRIGHT, TRADEMARK, PRIVACY, OR OTHER PERSONAL OR PROPRIETARY RIGHTS. YOU REPRESENT AND WARRANT THAT NO MEMBER CONTENT WILL BE OR CONTAIN LIBELOUS OR OTHERWISE UNLAWFUL, ABUSIVE, OR OBSCENE MATERIAL. YOU ARE AND SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR MEMBER CONTENT. YOU REPRESENT AND WARRANT TO RUE LA LA THAT RUE LA LA IS FREE TO USE THE MEMBER CONTENT, AND IMPLEMENT ANY SUGGESTIONS CONTAINED THEREIN, IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY RUE LA LA, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY AND WITHOUT ANY COMPENSATION TO YOU.
- Pricing; Accuracy of Content; Limitations on Quantity.Excluding Member Content, the information we provide in connection with the Services is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, or omission; and (iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law ). We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or Boutique at any time without notice (including after an order has been submitted and/or acknowledged). The offer of any products, services and/or experiences at a particular time does not guarantee that the products, services and/or experiences will be available. To the fullest extent permitted by law, if a product, service and/or experience offered and sold by us is not as described, your sole remedy is to return it subject to the terms set forth herein. Rue La La cannot confirm the price of an item until you submit an order. If the correct price of a product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.
- Our Crossed-Out Prices
The slashed prices you see on-site are the original suggested manufacturer or supplier prices. In some instances, the crossed-out price is based on what a comparable item – determined by our experienced buyers – may be sold for at retail stores, including specialty or department stores and other non-discount sellers. For items that are sold in a set – like cookware and cutlery – the crossed-out price may reflect the total value of all the items included.
Note: Because we sell our merchandise over the Internet on a national and international basis, the crossed-out price may not always represent the prevailing price in any particular location or at any particular time. Since original prices often fluctuate in the market, the crossed-out price should be one point of reference of an item's value.
- Links to Third-Party Websites; No Implied Endorsements.Our websites and mobile applications may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party.
- Disclaimers.To the fullest extent permitted by law, Rue La La is not and shall not be at any time responsible or liable for any loss or damage of any kind, including personal injury or death, (whether in tort, contract, or strict liability) arising out of or related to any Member Content, or to any act or omission by Members, by Rue La La or by any third party or by any of the equipment or programming associated with or utilized in connection with the Services. Any content submitted by our vendors does not necessarily reflect the opinions or policies of Rue La La.
To the fullest extent permitted by law, Rue La La assumes no responsibility for any error, omission, interruption, delay, communications line failure, deletion, defect, delay in operation or transmission, theft or destruction or unauthorized access to, or alteration of, any Member Content or other Member communications. To the fullest extent permitted by law, Rue La La is not responsible for any problems or technical malfunction of any telephone or cable network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on in connection with the Services, including any injury or damage to Member's or other person's computer related to or resulting from participation on or through the Services.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, ALL CONTENT USED IN CONNECTION WITH THE SERVICES AND ALL TEXT, IMAGES, MERCHANDISE, AND OTHER INFORMATION ON, ACCESSIBLE FROM OR AVAILABLE THROUGH OR IN CONNECTION WITH THE SERVICES ARE PROVIDED ON AN "AS AVAILABLE" AND "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. SPECIFICALLY, BUT WITHOUT LIMITATION, RUE LA LA DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE SERVICES OR THE SERVER(S) THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Certain states or jurisdictions do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers may not apply and you may have additional rights. 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 law.
- Limitation of Liability.TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RUE LA LA, RETAIL CONVERGENCE.COM, LP, ITS PARENT, SUBSIDIARIES, DIVISIONS, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES BE LIABLE TO ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE OR ACCESS THE SERVICES OR ANY INFORMATION CONTAINED THEREON OR STORED OR MAINTAINED BY RUE LA LA, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF RUE LA LA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF RUE LA LA, ITS PARENT, SUBSIDIARIES, OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT YOU PAID TO RUE LA LA IN CONNECTION WITH THE APPLICABLE EVENT, PROMOTION OR BOUTIQUE GIVING RISE TO SUCH LIABILITY. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL RUE LA LA, ITS PARENT, SUBSIDIARIES OR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DIVISIONS, DISTRIBUTORS, SUPPLIERS, AFFILIATES, OR THIRD PARTIES PROVIDING INFORMATION ON OR IN CONNECTION WITH THE SERVICES HAVE ANY LIABILITY FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR OTHERWISE INCURRED IN CONNECTION WITH THE LOSS OF ANY DATA OR INFORMATION CONTAINED IN YOUR ACCOUNT OR OTHERWISE STORED BY OR ON BEHALF OF RUE LA LA. YOU HEREBY ACKNOWLEDGE THAT THE PRECEDING PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, PRODUCTS, SERVICES AND EXPERIENCES AVAILABLE THROUGH THE SERVICES.
Certain states or jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply and you may have additional rights. To the extent we may not, as a matter of applicable law, limit our liabilities, the extent of our liability will be the minimum permitted under such law.
- International Use.We make no representation that information available in connection with the Services is appropriate or available for use outside the United States. Those who choose to access the Services from outside the United States do so on their own initiative and risk and are responsible for compliance with local laws, if and to the extent local laws are applicable.
- Risk of Loss.The items purchased through the Services are shipped by a third party carrier pursuant to a shipment contract. As a result, risk of loss and title for such items pass to you upon our delivery to the carrier.
- Rue La La Affiliates.Rue La La is not affiliated with websites or third parties that sell or advertise our products, services and/or experiences without a written agreement with us. Rue La La reserves the right to void all service, return, and other policies for orders and Rue La La products that were purchased through unauthorized sellers. Rue La La is not responsible for any representations by unauthorized sellers.
- Copyright Infringement; Notice and Take Down Procedures.The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that any materials on our websites or mobile applications infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the websites or mobile applications the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that "under penalty of perjury" you are the lawful copyright owner or are authorized to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for further information. Our contact for copyright issues relating to the Services (including the notices and counter-notices) is: Copyright Agent, Rue La La, 20 Channel Center, Boston, MA 02210, 617-695-7300 Legal@RueLaLa.com. Please note that there are penalties for false claims under the DMCA. One or more patents may apply to this website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142 and any other patents that may issue in the future which are related to the foregoing patents.
Informal Dispute Process. Either party asserting a Claim shall first try in good faith to resolve it by providing written notice as specified below to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 60 days in which to respond. Notice shall be made by first class or registered mail (1) to Rue La La, Attention: Legal Department, 20 Channel Center, Boston, MA 02210 or (2) to you at the billing address on file with Rue La La. Both you and Rue La La agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party. You or we must include a copy of the notice and proof of mailing with any arbitration demand.
Arbitration Process. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules in effect on the date the arbitration is filed ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. At your choice, arbitration may occur by video, telephone or be on a documents-only basis. Any arbitration hearing that you attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and Rue La La agree in writing. A single, neutral arbitrator will resolve Claims. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Except for Claims that are made in bad faith, that are determined to be frivolous by the arbitrator, or where you have not provided with your arbitration a copy of the information demand and proof of mailing, Rue La La will agree to pay your filing fees. Unless your claim is valued at more than $75,000, Rue La La waives the right to recover an award of attorney's fees and expenses against you. The arbitrator's award is final and binding on the parties. Any Claim you have must be commenced within one (1) year after the Claim arises.
CLASS ACTION WAIVER. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, including public injunctive relief. You and Rue La La also agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Rue La La hereby waive the right to a trial by jury, to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this particular paragraph regarding class action waiver are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
Opt-Out Permitted. Rue La La will provide notice of any material changes to this Arbitration Agreement. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.
Survival. This Arbitration Agreement survives the end of the relationship between you and Rue La La, including without limitation termination of your Rue La La membership, cancellation or deletion of your Rue La La account, opt-out of marketing, or end of participation in any Rue La La program or service.
Last Updated: October 19, 2022
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