Privacy Policy
Ella Moss, a division of VF Contemporary Brands, Inc and its successors and assigns recognizes that you care how information about you is used and shared and respects your privacy. This Privacy Policy informs you of how information is collected on and through ellamoss.com (the "Web Site") and in addition to the Terms and Conditions of use, how we use and disclose this information. Information collected on or through this Web Site may be collected by Ella Moss or by third-party service providers acting on our behalf. The term "we" as used in this Privacy Policy may include our third-party service providers, particularly with respect to the collection, use and storage of information. By accessing this Web Site, you agree to be bound by this Privacy Policy.
Please be advised that the practices described in this Privacy Policy apply only to information gathered through this Web Site and, where applicable, through the Customer Service Department in connection with this Web Site. This Privacy Policy does not necessarily reflect our practices with respect to information gathered through other web sites that we operate or through off-line means.
This Privacy Policy was lasted updated Sept 1, 2010. This Privacy Policy may be updated from time to time. Please check back periodically for further updates and changes.
Please note: The servers that make the Web Site available and that store the information that is collected on or through the Web Site are located in the United States of America ("USA"). If you are located outside the USA, please note that the information you provide will be transferred to the USA. The laws of the USA may not provide the same level of legal data protection as the country from which you access the Web Site. By using the Web Site and submitting Personal Information to us, you consent to and authorize such transfers and the use and processing by us of information as described in this Privacy Policy.
For the purposes of this Privacy Policy, "Personal Information" is personally identifiable information about an individual person including, but not limited to, a person's name, physical address, e-mail address, and telephone number, as more particularly described under applicable U.S. privacy laws.
What Information About Me Is Collected and Stored?
Information You Provide:
We collect and store information that you provide on or through the Web Site and that you provide to our Customer Service Department in connection with your access and use of this Web Site. Though you may use portions of this Web Site without providing any Personal Information, in order to take advantage of the full capabilities of this Web Site, you will be required to provide certain Personal Information. For example, you must provide Personal Information in order to place an order or to register for an account on or through this Web Site. We may request, collect and store some or all of the following types of Personal Information: name, billing address, shipping address, e-mail address, telephone number, financial and payment information, such as credit card number and expiration date, and other similar information.
In addition, you may provide certain Personal Information about third parties on or through the Web Site. For example, you must provide us with Personal Information about a third party when you request that we ship an order to a third party or request that we send your "wish list" to a third party. The information collected regarding a third party may include that third party's name, address, phone number, fax number, e-mail address, physical address, and other similar information.
If you provide Personal Information to us, including Personal Information about individuals other than yourself, you represent and warrant: (i) you have the authority to provide that Personal Information and to grant us the right to use that Personal Information consistently with this Privacy Policy, (ii) you have provided that Personal Information voluntarily, and (iii) you consent to the use of that Personal Information in the manner indicated by this Privacy Policy. If you provide a third party's e-mail address to us, you represent and warrant that you have the consent of that third party to provide his/her e-mail address to us.
Aggregate and Automatically Collected Information:
We collect and store certain other non-personally identifiable information automatically whenever you interact with this Web Site. For example, we may collect your Internet Protocol (IP) address, browser information and reference site domain name when you visit this Web Site.
Use of Cookies/Web Beacons.
Like many other web sites, we may collect information regarding customer traffic patterns and site usage by using cookies, web beacons and related technologies. We use the information gathered from cookies, web beacons and related technologies to analyze and understand how the Web Site is used and to enhance your visits to the Web Site. For example, we may use cookies and related technologies to: (i) customize account pages for you, (ii) track user visits and account features, (iii) determine what features and pages are most frequently requested or visited, and (iv) save your password so you do not have to provide it each time you visit the Web Site. "Cookies" are small text files that a web site sends to a user's hard drive through the browser for data storage. Most browsers accept cookies automatically but allow you to disable them. By disabling or otherwise rejecting cookies, you may not be able to take full advantage of all offerings on this Web Site. We recommend that you leave cookies "turned on" so that we can offer you a better shopping experience on this Web Site.
We use third-party service providers to provide Internet data hosting and to help us measure and determine how visitors use our Web Site and the effectiveness of our Web Site and promotions in order to help us improve and optimize our Web Site and the products and services we offer. Those third parties may place web beacons or pixel tags on certain pages of our Web Site or use cookies in order to facilitate collection of information regarding your use of the Web Site each time you visit the Web Site.
In addition, some of our e-mail communications to you may include a "click-through URL" linked to a particular page on the Web Site. By clicking on one of these URLs, you will automatically enter our Web Site and we may collect information related to the "click-through." You may avoid having this information collected by not clicking on URL links in our e-mail communications.
How is Information Used and Disclosed?
Personal Information:
Personal Information collected on or through this Web Site is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. If you sign up to our e-mail list or otherwise opt-in to receive promotional communications in connection with this Web Site, we may also use the Personal Information you provide to contact you about sales, special offers and new site features and to send you other promotional communications. You may manage your preferences as described below under "Can I Indicate Whether or Not I Want To Receive Promotional Communications?"
If you request us to ship products to a third party and we are able to determine the information you provided pertains to a third party, we will use the Personal Information you provide regarding that third party only to process and ship the product to that third party and to confirm shipment. In addition, we may retain that Personal Information as reasonably necessary to appropriately document our business activities and for archival and record retention purposes. If you request us to send your "wish list" to a third party, we will use that third party's e-mail address only to send the requested e-mail.
Aggregate and Automatically Collected Information:
Automatically collected information is used to analyze and improve this Web Site, gauge the effectiveness of our e-mail communications and your level of interest in particular areas and to provide our customers with a fulfilling shopping experience.
We may aggregate and use certain automatically collected information and non-personally identifiable information for research or marketing purposes and may share, sell, rent, trade or publish that aggregate information and statistical data derived from such information with our marketing partners, advertisers or other third parties for research or marketing purposes. We do not use automatically collected information to identify a particular user.
We may on occasion combine information we received on or through this Web Site with information obtained from other sources and outside records to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.
With Whom is Information Shared?
Except with your consent or as described in this Privacy Policy, we do not sell, rent or share with third parties any Personal Information that you provide to us on or through this Web Site or through the Customer Service Department in connection with the Web Site.
We may share Personal Information you provide to us with certain third parties that perform services on our behalf. The services provided by those third parties may include: operating this Web Site, hosting this Web Site, providing the products and services you request through this Web Site, authorization and processing of your payments, product fulfillment, fraud protection and credit risk reduction, product customization, marketing and promotional material distribution, web site evaluation, data analysis and, where applicable, data cleansing. Those third parties are not authorized to use or disclose Personal Information you provide to us on or through this Web Site for any purpose other than to perform the services designated by us.
We may share Personal Information you provide to us with a third party if we are required by law to disclose that Personal Information. For example, we may be required to disclose Personal Information to respond to a subpoena, court order or other legal process. We may also disclose this information in response to a law enforcement agency's request, or where we believe it is necessary to investigate or address unlawful acts or acts that may endanger the health or safety of a consumer or the general public, to verify or enforce compliance with the terms of use and policies that govern our Web Site or as otherwise required or permitted by law. In addition, the Personal Information you provide to us may be transferred as an asset in connection with a merger or sale involving all or part of Ella Moss or as part of a corporate reorganization, stock sale or other change of control.
Children and Privacy
This Web Site is a general audience website and is not directed for use by children. We do not intend to collect Personal Information from anyone who is under the age of 13. If you are under the age of 13 you should not provide any Personal Information to us and you should use this Web Site only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 13 and suspect he/she has provided Personal Information on or through the Web Site, please contact us as set forth below under "How Can I Contact You Regarding This Privacy Policy?"
What Steps Are Taken To Keep Personal Information Secure?
The security of your information is important to us. The Web Site employs various technical and security measures designed to help protect the Personal Information we collect about you. We have instituted security procedures and measures to protect our servers and networks that store Personal Information. Unfortunately, no transmission of information over the Internet can be guaranteed to be 100% secure and, therefore, we cannot ensure or warrant the security of any information.
In order to help protect Personal Information you provide to us, you: (i) should not share your password or account information with others, (ii) should use a secure web browser, and (iii) change your password frequently. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us as set forth below under "How Can I Contact You Regarding This Privacy Policy?"
How Can I Access, Correct and Update Personal Information?
You may access, correct and update certain Personal Information that you have provided to us by clicking on the "Manage Your Account" area of this Web Site and following the instructions set forth therein or by contacting us with your request as set forth below under "How Can I Contact You Regarding This Privacy Policy?"
We reserve the right to retain any Personal Information reasonably necessary to appropriately document our business activities and for archival and record retention purposes. We will store Personal Information for as long as reasonably necessary for the purposes described in this Privacy Policy. You may find out more details regarding this Privacy Policy by contacting us as provided below under "How Can I Contact You Regarding This Privacy Policy?"
Can I Indicate Whether or Not I Want To Receive Promotional Communications?
There are several ways in which you can tell us whether or not you want to receive promotional communications from us. When you set-up an account or click on the "Manage Your Account" area of this Web Site, you will have an opportunity to make or change your selections in this regard. You also will have an opportunity to change these selections by clicking on an "unsubscribe" hyperlink contained in promotional e-mails we send you. If you have not established an account but have instead signed-up for our e-mail list, you will be able to change your e-mail preferences by clicking on an "unsubscribe" hyperlink contained in promotional e-mails we send you. Please note that removal of Personal Information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.
If you establish an account, you may receive certain types of communications even if you have not opted-in to receive them because these types of communications may be necessary in order to maintain an account on the Web Site.
What Happens When I Link To or From Another Web Site?
This Web Site may contain links to or from web sites to which this Privacy Policy does not apply ("Linked Web Sites"). Please be advised that the practices described in this Privacy Policy do not reflect the practices regarding information collection, use and disclosure of Linked Web Sites or the owners or operators of those Linked Web Sites. Your use of Linked Web Sites will be governed by the terms of use, privacy policies and other terms, notices and policies set forth on or referenced in those Linked Web Sites. We encourage you to be aware of when you leave this Web Site and to read the privacy policies of each and every web site that you visit.
Surveys, Contests and Sweepstakes
We may conduct surveys and run contests or sweepstakes relating to this Web Site, either ourselves or through a third party. In the event we conduct surveys or run a contest or sweepstakes, a set of rules or terms governing the survey, contest or sweepstakes will be provided. The rules or terms for each survey, contest or sweepstakes will specify how the information gathered from you in connection with the survey, contest or sweepstakes will be used and disclosed and otherwise govern your participation in the survey, contest or sweepstakes. Please read such rules carefully before participating in or entering any survey, contest or sweepstakes relating to this Web Site or any other web site.
Changes to This Privacy Policy
We reserve the right, in our sole discretion, to revise, change, or modify this Privacy Policy at any time. You should check this Web Site periodically to see if any recent changes to this Privacy Policy have occurred.
How Can I Contact You Regarding This Privacy Policy?
If you have any questions or concerns regarding your privacy or the Privacy Policy you can send a request with your concerns or any further questions to us by using the contact information provided below:
Ella Moss, a division of VF Contemporary Brands, Inc
777 S. Alameda Street - Bldg. 1
Los Angeles, CA 90021
Terms & Conditions
This web site located at ellamoss.com (the "Web Site") is provided by Ella Moss, a division of VF Contemporary Brands, Inc and its successors and assigns ("Ella Moss") in conjunction with third parties. Ella Moss, and its affiliates, and their respective officers, directors, employees, shareholders, agents, successors, assigns, and vendors, retail partners and any other party involved in the creation, operation, production or transmission of this Web Site shall be referred to herein as "Ella Moss Parties."
YOUR USE OF THE WEB SITE INDICATES YOUR (I) ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND (II) ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE WILL BE MANAGED IN ACCORDANCE WITH THE PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEB SITE.
These Terms and Conditions were last updated on April 13, 2011.
1. User Eligibility. This Web Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Web Site, including functionality and features available on the Web Site ("Features") and products and services available for purchase through the Web Site, however, may be inappropriate, prohibited or restricted in countries outside the United States. The Ella Moss Parties make no warranty or representations that the Web Site or the Features are appropriate or available for access/use outside of the USA. If you access/use the Web Site from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Web Site.
This is a general audience Web Site and users of all ages are welcome to browse the Web Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Web Site, including, but not limited to, your name, address, email address, phone number and other personally identifiable information.
2. Establishing an Account. Users of all ages are welcome to browse the Web Site, however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Web Site and in order to access/use some Features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.
3. Personally Identifiable Information. The Privacy Policy, which is incorporated into these Terms and Conditions by reference, governs the collection, use and disclosure of personally identifiable information gathered on or through the Web Site, including, but not limited to, the personally identifiable information you provide while establishing an account, purchasing products/services and accessing and using the Web Site and Features.
4. Information You Provide/Submissions. Other than personally identifiable information, which is subject to the Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments and any other communication or content you transmit or post to this Web Site in any form and in any manner ("User Communications") (i) is and will be considered non-confidential, non-personal and non-proprietary to you or anyone else and (ii) may be disseminated or used by Ella Moss for any purpose without (a) compensation to you or anyone else or (b) acknowledgement of you or anyone else as the source of such User Communications. Therefore, do not transmit or post to the Web Site any ideas, materials, suggestions, content or other information you would like to keep confidential or for which you would like or expect acknowledgement or compensation. You hereby grant Ella Moss a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution to you or any other party ("User Communications License"). Ella Moss may, but is not obligated to, monitor or review any User Communications. Ella Moss shall have no obligations to use, return, review, or respond to any User Communications. The Ella Moss Parties shall have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Ella Moss retains the right to remove any or all User Communications that includes any material Ella Moss deems inappropriate or unacceptable.
By making a User Communication, you represent and warrant (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by Ella Moss of the rights granted it under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright, trademark, publicity, privacy and contract rights of others and (ii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
5. Prohibited Submissions. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Ella Moss may have at law or in equity, if Ella Moss reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Ella Moss may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Web Site of the related materials. Ella Moss will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Ella Moss to disclose the identity of anyone posting such materials.
6. Ownership and Permitted Use of Content. The Web Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from this Web Site (the "Content") are either the property of, or used with permission by, Ella Moss. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
7. Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Ella Moss and its affiliates. Other trademarks, trade names and service marks used or displayed on this Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Ella Moss or such third-party owner.
8. Prohibited Actions. While visiting the Web Site and participating in, accessing and using the Features (cumulatively "Using the Web Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Web Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Web Site by by-passing our Web Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Web Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Web Site or interrupt any user's experience on the Web Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Web Site, or servers or network connections to the Web Site, disobey any requirements, procedures, policies or regulations of networks connected to the Web Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Web Site; or attempt to gain unauthorized access to the Web Site (or any portion thereof).
9. Availability of Products, Services, Features and Content. All Features, Content, and products and services available on or through the Website, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
10. Accuracy of Information. Ella Moss takes reasonable efforts to ensure that information on this Web Site is complete, accurate and current. Despite Ella Moss's efforts, however, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. Ella Moss makes reasonable efforts to accurately display the attributes of our products and services available for purchase, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The Ella Moss Parties make no representation as to the completeness, accuracy or timeliness of any information on this Web Site. For example, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of Ella Moss to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. Ella Moss reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. Ella Moss also may require verification of information prior to the acceptance and/or shipment of any order.
11. Shipment of Order. Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Web Site. All purchases from this Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Web Site pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
12. Linking to this Web Site. Creating or maintaining any link from another Web site to any page on this Web Site without Ella Moss's prior written permission is prohibited. Any permitted links to this Web Site must comply will all applicable laws, rule and regulations.
13. Changes to the Terms and Conditions. Ella Moss reserves the right, in our sole discretion, to revise, change, or modify (cumulatively "Revisions") these Terms and Conditions at any time upon advance notice to you. We may notify you of such Revisions to these Terms and Conditions in any manner we chose that complies with law, including, but not limited to, posting a notice of such changes on the Web Site. Your continued use of the Web Site following our notice to you of Revisions to these Terms and Conditions signifies your agreement to be bound by the revised Terms and Conditions.
14. Applicability of Additional Terms and Conditions. Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries). If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
15. Third Party Links. From time to time, this Web Site may contain links to Web sites that are not governed by these Terms and Conditions (the "Linked Web Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. The Ella Moss Parties are not responsible for any content, materials or other information located on or accessible from any other web site. The Ella Moss Parties do not endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located on or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from this Web Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Web Sites closely before using, submitting information to such Linked Web Sites, and allowing children to visit Linked Web Sites.
16. Disclaimer of Warranty. YOUR USE OF THIS SITE IS AT YOUR RISK. THE WEB SITE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." AS TO THE WEB SITE, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ELLA MOSS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY CONTENT DOWNLOADED, OR OTHERWISE OBTAINED BY USING THE WEB SITE, SHALL BE SO OBTAINED AT YOUR OWN DISCRETION AND RISK. THE PARTIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEB SITE. WITHOUT LIMITATION TO THE FOREGOING, THE ELLA MOSS PARTIES DO NOT WARRANT: (A) YOUR ENJOYMENT OF THE WEB SITE WILL BE WITHOUT INTERFERENCE; (B) THE WEB SITE WILL FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUESTS TO THE WEB SITE WILL BE HONORED ACCORDING TO YOUR SCHEDULE OR ANY STATED SCHEDULE; (D) THE WEB SITE WILL BE TIMELY, SECURE OR ERROR FREE; (E) ANY ERRORS IN CONTENT OR FEATURES WILL BE CORRECTED; (F) CONTENT OR FEATURES ON THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; (G) PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEB SITE ARE AVAILABLE FOR USE IN A PARTICULAR LOCATION; OR (H) THE CONTENT, INCLUDING BUT NOT LIMITED TO, DESCRIPTIONS OF PRODUCTS, SERVICES AND FEATURES AVAILABLE ON OR THROUGH THE WEB SITE IS ACCURATE, UP-TO-DATE OR COMPLETE.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE ELLA MOSS PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE ELLA MOSS PARTIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
17. LIMITATIONS OF LIABILITY. THE ELLA MOSS PARTIES DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE OR YOUR DOWNLOADING OF, ACCESS TO, OR USE OF ANY FEATURES OR CONTENT. IN NO EVENT WILL THE ELLA MOSS PARTIES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
18. Termination. Ella Moss reserves the right to suspend or terminate your account (and delete the profile corresponding to such account and any accompanying content) or your use of this Web Site or Features at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site and Features, products and services available on or through the Web Site at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
19. Other. To the fullest extent permitted by law, these Terms and Conditions and any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, will be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law principles. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Any claim or dispute arising out of or relating to these Terms and Conditions, including but not limited to the Web Site, shall be subject to the exclusive jurisdiction of state or federal courts located in New York County, in the state of New York and you hereby consent and submit to the personal jurisdiction of such courts. You may not use or export or re-export the materials at the Web Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation United States export laws and regulations. If any provision of these Terms and Conditions is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between you and Ella Moss relating to your use of the Web Site, superseding any other agreement between you and Ella Moss with respect to the subject matter of these Terms and Conditions. Section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. If any provision of these Terms and Conditions shall be found to be unenforceable, the other provisions shall still remain in full force and effect. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
20. Contact Us.For issues or questions related to the Web Site or these Terms and Conditions please contact Customer Service at 866-290-1385 or via email at customerservice@shop.ellamoss.com. Representatives are available 6 am- 6 pm PST, 7 days a week.