Welcome to the Monica and Andy, Inc. ("Monica + Andy") website, a "Site"). These Terms of Service (these "Terms") govern your use of the Site and our online stores accessible via the Site. The Site and our services are collectively called the "Services".
Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services.
THE SECTION BELOW ENTITLED "DISPUTE RESOLUTION" REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST MONICA +ANDY AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
Changes to Terms or Services
We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Site or through other communications. It's important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
Who May Use the Services
Eligibility. You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.
Registration and Your Information
Account. If you want to use certain features of the Services, including purchasing products online, you'll have to create an account ("Account") via the Site and provide your name and email address. Creation of your Account on the Site will enable you to use the features available on the Site.
It's important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don't, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You're responsible for all activities that occur under your Account, whether or not you know about them.
Subscription. You'll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address. /react-text
Appointments. Using the features of the Services, you'll be able to schedule an appointment at one of our Guideshop locations in order to try on our Products (as defined below). In order to schedule an appointment, you will be asked to provide your name and email address.
How the Services Work
We make available an online platform that allows you to purchase products, mainly clothes and accessories ("Products"). Through the Services you will be able to browse our Products and place orders.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product's details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.
Registry. If you choose to use certain features of our registry that involve cash transfers, you expressly authorize Monica + Andy's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account. You authorize Monica + Andy to collect and share with Dwolla your personal information including full name, email address and financial information, and you are responsible for the accuracy and completeness of that data. Dwolla’s Privacy Policy is available here.
Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges are non-refundable.
Product Information. Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service storks@monicaandandy.com or 708.638.5584.
Errors, Inaccuracies and Omissions We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.
Colors & Style. We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user's conduct violates applicable law or is harmful to our interests.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive.
Privacy Policy
Please refer to our Privacy Policy, located at Monica + Andy.com/privacy, for information on how we collect, use and disclose information from our users.
Feedback
We welcome feedback, comments and suggestions for improvements to the Services (" Feedback"). You can submit Feedback by email at storks@monicaandandy.com or 708.638.5584. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Content and Content Rights
For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders (including you) provide to be made available through the Services or transmit to us through the Services (including by email). Content includes without limitation User Content.
Content Ownership, Responsibility and Removal
Monica + Andy does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Monica + Andy and/or its licensors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Monica + Andy, Inc. and all related names, logos, product and service names, designs and slogans are trademarks of Monica + Andy and/or its licensors. You must not use such marks without the prior written permission of Monica + Andy. All other names, logos, product and service names, designs and/or slogans on the Site are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You By making any User Content available through the Services, you hereby grant to Monica + Andy a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party's intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE MONICA + ANDY, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY'S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
Rights in Content Granted by Monica + Andy Subject to your compliance with these Terms, Monica + Andy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
General Prohibitions
The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to: · engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); · communicate, transmit, redistribute or upload content or material (including User Content) that: o infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; o is incomplete, false, inaccurate or not your own; o contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; o includes any addresses, email addresses, phone numbers or any contact information; o contains corrupted files, viruses, malware or any harmful software; o is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; o promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or o is violent or promotes violence or actions that are threatening to any person or entity. · impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or · engage in or encourage any conduct that, in our sole judgment, restricts, impairs or inhibits any other user from using or enjoying the Services.
System Security
Violations of system or network security may result in civil or criminal liability. Monica + Andy may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following: · use, display, mirror or frame the Services or any individual element within the Services, Monica + Andy' name, any Monica + Andy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Monica + Andy' express written consent; · access, tamper with, or use non-public areas of the Services, Monica + Andy' computer systems, or the technical delivery systems of Monica + Andy' providers; · avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Monica + Andy or any of Monica + Andy' providers or any other third party (including another user) to protect the Services or Content; · attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Monica + Andy or other generally available third-party web browsers; · access data not intended for you or log on to a Monica + Andy server or account you are not authorized to access; · attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; · attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Monica + Andy' networks or network security, or use any Site's service to gain unauthorized access to any other computer system; · use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; · forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or · attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.
Links to Third-Party Website or Resources
The Services may contain links to third-party website or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those website or resources or links displayed on such website. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party website or resources.
Accessing the Services and Account Security
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.
Termination
We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at storks@monicaandandy.com or 708.638.5584. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Prices", "Payment", "Cancellation, Return and Exchange Policies", "Errors, Inaccuracies and Omissions", "Cancellation of Orders", "Privacy Policy", "Feedback", "Content and Content Rights", "Content Ownership, Responsibility and Removal", "General Prohibitions", "System Security", "Links to Third-Party Website or Resources", "Warranty Disclaimers", "Indemnification", "Limitation of Liability", "Governing Law", "Dispute Resolution" and "General Information".
Warranty Disclaimers
Your use of the Services and Content and your purchase of Products are at your sole risk. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" without warranty of any kind. Without limiting the foregoing, MONICA + ANDY EXPLICITY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Products will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. Monica + Andy makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of Products sold via the Services. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
Indemnification
You agree to indemnify, defend, and hold harmless Monica + Andy, its affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of or related to or in connection with your violation of these Terms.
Limitation of Liability
IN NO EVENT SHALL MONICA + ANDY, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER party involved in creating, producing, or delivering the services or content BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES arising out of or in connection with THESE TERMS, PRODUCTS or the use OF or inability to use the Service, WHETHER based on warranty, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE STANDARD), whether or not MONICA + ANDY OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A limited REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
In no event will MONICA + ANDY' total liability arising out of or in connection with THE USE OF OR INABILITY TO USE the Service or site content EXCEED THE AMOUNTS YOU HAVE PAID TO MONICA + ANDY IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MONICA + ANDY, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MONICA + ANDY AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THESE PROVISIONS ARE ALLOWED IN NEW JERSEY.
International Use
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
Governing Law
These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions.
Dispute Resolution
Choice of Law; Dispute Resolution: This Agreement is governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, and Illinois state law, without reference to any applicable conflict of laws rules, the Convention on Contracts for the International Sale of Goods, or any local laws implementing the Convention on Contracts for the International Sale of Goods in any jurisdiction where the Products are sold. Any dispute arising out of this Agreement will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CT Corporation, 208 S LaSalle St # 814, Chicago, IL 60604. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Commercial Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Arbitration conducted in person will be in Cook County, Illinois or at another mutually agreed location; however, you may choose to have the arbitration conducted by telephone or based on written submissions. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
General Information
These Terms constitute the entire agreement between you and Monica + Andy, govern your use of the Services, and supersede any prior agreements between you and Monica + Andy. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Monica + Andy' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Monica + Andy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between Monica + Andy and you as a result of these Terms or your use of the Services.
The failure of Monica + Andy to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.
If you have any questions about these Terms or the Services, please contact us at storks@monicaandandy.com or by mail at Monica + Andy, Inc., 2038 N Halsted Street, Chicago, IL 60614.
