Terms And Conditions
By signing up for a Ref Account (as defined below) or shopping online or at a Ref Retail Store, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Ref if your child breaches or disaffirms any term or condition of this Agreement.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.
1. Changes to services; personal information/privacy
- Changes to the Services: Reformation may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
- Personal Information: Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Services (both as defined below in Section 3a). Reformation reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Reformation uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
2. Passwords; use license; chat sessions
- User License: Subject to your compliance with this Agreement, Reformation hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non- exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (i) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Reformation or its third party service providers, by hacking, password “mining”, or any other illegal means; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (iii) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (iv) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (v) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (vi) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
- Chat Sessions: Reformation offers the ability to enter into an instant messaging session (“Chat Sessions”) with a Reformation Customer Love representative (“CL”). In order to maintain a high standard of service and provide a safe environment for its CLs, Reformation reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service. Due to account security restrictions CLs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your order, please log onto your account or email Customer Love at firstname.lastname@example.org to complete such transactions. CLs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. CLs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a CL asks for your password or payment information, please immediately discontinue the Chat session and email Reformation at email@example.com
3. Terms of sale
- Sales of Products and Goods to End Users Only: Reformation sells clothing, accessories, and other related goods and supplies (the “Product(s)”) to end-user customers who purchase Products (“Goods”) only for their own personal, non-commercial use. You may not purchase Products or Goods for further distribution or resale or for any other commercial or business purpose.
- Pricing: Pricing for Products and Goods (including any applicable shipping and handling fees) can be found on Reformation’s then-current pricing page located on the Site. The price that we will charge you for the Products and Goods will be the price as posted on the Site or in Retail on the date you successfully placed and order on the Site. Reformation reserves the right to change prices for Products and Goods at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
- Refunds: If you are dissatisfied with one of our Products or Goods for any reason, Reformation will refund the amount paid for the Product or Good. Refund requests must be made directly to Reformation in Retail or at firstname.lastname@example.org. All refund requests must be made within twenty-eight (28) days of the date of shipment by Reformation. Reformation is not liable for Products that are damaged or lost in transit to Reformation. Promptly following Reformation’s receipt of your request (typically within five (5) business days), Reformation will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Reformation does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback. Reformation will not provide a refund for a request that is received by Reformation more than thirty (30) days after the date of original shipment. Reformation also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
- Payment Methods: Reformation accepts various Payment Methods. You agree to pay all fees charged to your account based on Reformation’s fees, charges, and billing terms in effect as shown on the payment page when you check out from the site with the Products you wish to purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Goods based on the address that you provide as the shipping address when you register for a Reformation account, and you authorize Reformation or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Reformation reserves the right to either suspend or terminate your account, cancel your order, redirect or request abandonment of the delivery of the Product and terminate these Terms of Service. All sales and payments will be in US dollars. Reformation and Reformation's third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Reformation and Reformation's third party payment service provider at the election of your credit card and payment method issuer. Neither Reformation nor Reformation's third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
- Shipping and Product Acceptance: The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third- party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
4. Use of mobile applications, site, and other services
- Reformation iOS and Android Mobile Application Terms: The Terms of this Section 4 shall apply to the Users utilization of either the Reformation iOS Application or Reformation Android Application. The consideration of which terms apply is contingent on the Mobile Application downloaded and utilized by the User at the time of access to Reformation Sites and Services. By way of example, if the User accesses the Reformation Services on an Android device the Android terms shall apply and if the User accesses the Reformation on an Apple device the iOS terms shall apply. For purposes of this section and to the extent applicable in this Agreement, together the iOS Application and Android Application shall be known as Applications.
- End-User License for Apple Application: Subject to these Terms, Reformation grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the iOS Device in any other manner, including, without limitation, resale, transfer, modification or distribution of the iOS Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the iOS Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the iOS Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
- End-User License for Android Application: Subject to these Terms, Reformation grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Android Device owned or controlled by User as permitted by the Usage Rules contained in the Android Terms and in accordance with these Terms (“User License”). Any use of the Android Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Android Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Android Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the Android Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
- User Information: Services and features, such as Virtual Reformation Credits, gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), virtual Reformation Credits information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Applications, Site, or other Services, User consents to the transmission of User Information to Reformation, including its agents and third-party partners, and consents to Reformation, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Reformation Privacy Policies identified in this Agreement. Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Applications, including without limitation password-protecting the respective Applications and employing Apple's or Android's remote-wipe feature. Unless attributable to Reformation's negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken using Virtual Reformation Credits registered in their names and agree to immediately notify Reformation of any suspected unauthorized transactions associated with the Services or any other breach of security.
- Prohibited Uses: Users are prohibited from using the Applications, Site, or Services in any way that:
- Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights); is unlawful, fraudulent, or deceptive;
- Uses technology or other means to access unauthorized content or non-public spaces;
- Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non- public data;
- Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempts to damage, disable, overburden, or impair Reformation servers or networks;
- Attempts to gain unauthorized access to a Reformation computer network;
- Attempts to gain unauthorized access to Reformation’s user accounts;
- Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
- Violates these Terms in any manner; or
- Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”). Reformation reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Applications or other Services, including any Virtual Reformation Credits, that Reformation reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
- User-Generated Content: The User may generate content, written or otherwise, while using the Services (“User-Generated Content”) or Reformation’s social media pages and accounts. User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Reformation (for example, in product marketing campaigns). User grants Reformation and its successors a worldwide; irrevocable; transferable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.
- Indemnification: User agrees to indemnify and hold harmless Reformation, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the " Reformation Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Reformation reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any Reformation Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.
- No Warranties: THE SITE, APPLICATIONS, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. REFORMATION, ON BEHALF OF ITSELF AND THE OTHER REFORMATION PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, APPLICATION OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, APPLICATION, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND REFORMATION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY REFORMATION OR ANY PERSON ON BEHALF OF REFORMATION SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY. NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE REFORMATION PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
- No Liability: IN NO EVENT SHALL THE REFORMATION PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A REFORMATION PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES. IF, NOTWITHSTANDING THE FOREGOING, A REFORMATION PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT REFORMATION PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID REFORMATION FOR THE PRODUCTS OR GOODS, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD. THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LASS, SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY.
- Intellectual Property: Reformation, Ref, the Reformation logo, and other Reformation trademarks, service marks, graphics and logos used in connection with the Applications and other Services are trademarks or registered trademarks of Reformation or other companies of Reformation (collectively “Reformation Marks”). Other trademarks, service marks, graphics and logos used in connection with the Applications and other Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Reformation Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Reformation or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Reformation or the owner of the Content.
- Severability: If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Reformation to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
- Modification of this Agreement: Subject to Section 10a(ix) of this Agreement, Reformation reserves the right to change or modify this Agreement or any other Reformation terms, conditions, or policies related to use of the Applications or other Services at any time and at its sole discretion by posting revisions on the Site (http://www.thereformation.com) or within the Applications. Continued use of the Applications, Site, or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Reformation shall have any legal effect as a waiver by Reformation of any Terms of this Agreement.
- Third-Party Beneficiary: User agrees that Reformation’s service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End- User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.
5. Gift cards
- Use and Limitations: Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia, and may only be used on the Site (www.thereformation.com). Gift Cards may not be purchased through or redeemed for the purchase of products at any other website operated by Reformation, its affiliates, or any other person or entity, except as indicated by these terms and conditions. Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, or applied to any other account. Unused Gift Card balances in a Site account may not be transferred. Reformation Gift Cards may not be resold by any unauthorized vendor under penalty of law; unlawful resale or attempted resale is grounds for cancellation without compensation. We will not honor gift cards purchased through an unauthorized vendor, including, without limitation, any Internet auction sites. Gift Cards are not returnable or refundable for cash except in states where required by law. Notwithstanding the foregoing reason sentence, if a balance of less than $5 remains on a Gift Card owned by a New Jersey resident following redemption we will refund the balance in cash upon the owner's request to email@example.com. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Reformation's prior written approval. Use of Reformation’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Reformation Gift Cards is strictly prohibited. Furthermore, the use of Reformation Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Reformation or any of its subsidiaries or affiliates is prohibited.
- Risk of Loss: If your Gift Card is lost or stolen, immediately contact customer service at firstname.lastname@example.org. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Reformation. Reformation and its affiliates shall have no liability to you for:
- lost or stolen Gift Cards; or
- use of any Gift Cards by third parties through your Site account.
- Fraud: Reformation shall have the right to close member accounts or any related account(s) if Reformation suspects a Gift Card is being used in a fraudulent manner to make purchases on the Site. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site or any of its affiliated websites set forth above Reformation shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Reformation may also cancel or remove any and all Reformation Credits on the member accounts and/or any related account(s). Reformation has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
- Limitation of Liability & Gift Cards: IN THE EVENT A GIFT CARD CODE IS NON- FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, OUR SOLE LIABILITY SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD CODE.
- Issuer: Gift Cards are issued by Hey Bui LLC, a California LLC.
6. Proprietary rights
- You hereby acknowledge and agree that Reformation or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Reformation is a trademark of LYMI Inc. in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of LYMI, Copyright © 2012-2017 LYMI, Inc. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
- Reformation and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Reformation or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Reformation‘s products, services or marketing strategies might seem similar to ideas submitted to Reformation. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions. You agree that:
- Any Submission (including its complete contents) by you to Reformation will automatically become the property of Reformation, without any compensation to you;
- Reformation may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
- Reformation has no obligation to review any Submission; and
- Reformation has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Reformation.
- If you believe that any Content, User Material, or other material contained on this Site or the App, including through a link, infringes your copyright, you should notify Reformation of your infringement claim in accordance with the procedures below. We will process each notice of alleged infringement that Reformation receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Reformation’s copyright agent at email@example.com (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
7. Product ideas/submissions
8. Third party sites
9. Notice and procedure for claims of copyright information
- Attention: Copyright Agent
- LYMI, Inc.
- 2263 E. Vernon Ave
- Vernon, CA 90058
- Facsimile: (XXX) XXX-XXXX
- To be effective, the notification must be in writing and contain the following information: (i)
a physical or electronic signature of the person authorized to act on behalf of the owner
of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim
has been infringed; (iii) a description of where the material that you claim is infringing is
located that is reasonably sufficient to enable Reformation to identify and locate the
material; (iv) how Reformation can contact you, such as your address, telephone number,
and email address; (v) a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a
statement by you that the above information in your notice is accurate and under penalty
of perjury that you are authorized to act on behalf of the copyright owner or the owner of
an exclusive right in the material. Emails sent to firstname.lastname@example.org for purposes
other than communication about copyright infringement may not be answered.
Reformation has a policy of terminating repeat infringers in appropriate circumstances.
10. Dispute and arbitration; class action waiver; choice of law
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Reformation and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at email@example.com or Reformation, Attn: Customer Service, 2263 E. Vernon Ave., Vernon, CA 90058. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 10 govern dispute resolution between us.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by Reformation that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Reformation, and to any of Reformation's licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Reformation, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Reformation.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Reformation in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND REFORMATION WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Reformation, Attn: Legal Department, 2263 E. Vernon Ave., Vernon, CA 90058 within 30 days of purchasing a any Product or Good. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Reformation.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Reformation makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to the Reformation.
- Small Claims Court. Notwithstanding this Section 10, either you or Reformation may bring an individual action in small claims court.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
- Choice of Law: This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
11. Electronic communications; general terms
- Electronic Communications: Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by text (if you send a SMS or text message to Reformation), by posting notices on our Site or by such other means as we may determine from time-to- time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.