Last updated: March 1, 2023
Introduction
Welcome to Arden B®!
These Terms of Use (“Terms”) govern your access to and use of our website (“Site”) and our online store and services (“Services”). Please read them carefully.
By accessing or using our Site or Services, you agree to be bound by these Terms. If you do not agree to all the Terms, do not access or use our Site or Services.
Key Terms
- Arden B®: Refers to Arden B® Clothing, Dresses, Jackets, Jeans and the company operating the Site and Services.
- Site: Refers to the website located at arden-b.com and all webpages, subdomains, country-level domains and subsections of that website.
- Services: Refers to all online store, services, content, features, technologies and functions offered on the Site.
- You: Refers to the user, customer or viewer of the Site or Services.
- Your Content: Refers to any content you upload, submit, post, create, transmit or display on or through the Site or Services.
Access and Use
Age Limit. The Site and Services are intended for users 18 years old and above. If you are under 18, you may not access or use the Site or Services.
Site Access. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Services for your own personal, non-commercial use, subject to your compliance with these Terms.
Service Access. Certain functionalities and areas of the Site and Services may be subject to additional terms and conditions, which you must agree to abide by for access.
Account. You may need to create an account to access certain Services. You are responsible for maintaining the confidentiality of your login credentials and agree not to share your account with others.
Site Availability. We strive to keep the Site and Services available 24/7 but cannot guarantee uninterrupted or error-free access. Access may be suspended without notice for maintenance, repairs, security issues or system failure.
Mobile Access. We do not warrant that the Site or Services will be compatible with your mobile device. You are responsible for internet access and data charges associated with mobile access.
Online Store
Our online store allows you to browse, select and purchase apparel, clothing and other goods displayed on the Site (“Products”). By ordering Products, you agree to the additional Terms of Sale governing your purchase.
Products displayed on the Site are not offers to sell but invitations to treat. Your order for purchase constitutes an offer that we may accept or reject. Availability information is provided on a best-efforts basis and Products may be discontinued without notice.
Prices and availability of Products are subject to change without notice. We cannot confirm the price of a Product until your order is accepted. In the event the price of a Product decreases before we have shipped it, we will charge you the lower price and send you the Product. If the price increases, we will contact you to confirm that you wish to proceed with the order at the higher price.
Payment. All charges for purchases of Products will be made in advance through your selected payment method. We accept major credit cards and PayPal. You represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate.
Shipping & Delivery. We will arrange for shipment of Products to you. Please check the Site for current shipping options and fees, which will be stated in the checkout process. We ship only to addresses within the United States.
You assume the risk of loss or damage in transit and are responsible for reporting and filing claims with the carrier for non-delivery, damage, discrepancies, and delays in transit.
Returns. Please review our Returns Policy posted on the Site for information on eligible returns of Products purchased from Arden B®.
Product Representations. We strive to display Products accurately online, but actual colors, fabrics and styles may vary slightly from what is shown on your device. We do not warrant that Product descriptions, dimensions, photography or other content on the Site is accurate, complete, reliable, current or error-free. If you have questions regarding a Product, please contact us before placing your order.
Intellectual Property Rights
Site Content. The text, graphics, images, videos, documents, software, products and all other content made available on the Site or Services (“Content”) is our property or the property of our licensors and suppliers. Content is protected by copyright, trademark, patent, trade secret and other laws.
Trademarks. Our trademarks, service marks, trade names, logos and domain names (collectively, “Trademarks”) displayed on the Site or Services are our registered and unregistered trademarks. You may not use, display or exploit our Trademarks in any manner without our prior written authorization.
License to Use. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access, view, download and print Content and Trademarks from the Site and Services solely for your personal, non-commercial use.
Restrictions. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish or download any Content or Trademarks, except for Your Content that you legally post on the Site or Services. You may not access or use any part of the Site or Services through automated means such as scraping or harvesting.
Your Content. You retain ownership of Your Content that you post on the Site or Services. However, you grant us a non-exclusive, royalty-free, transferable, sublicensable, perpetual, irrevocable worldwide license to use, store, display, reproduce, modify and distribute Your Content in any media in order to provide, promote and improve the Site and Services.
Account Termination. Upon termination of your account, any licenses you have with respect to Content or Trademarks will immediately terminate. Your obligation to comply with restrictions on your use of intellectual property will survive termination.
User Conduct
You agree that you will NOT:
- Violate any applicable laws, regulations or third party rights on or through the Site or Services;
- Use the Site or Services for any illegal, harmful, fraudulent, infringing or offensive purpose;
- Interfere with security, functionality or proper working of the Site or Services;
- Attempt to gain unauthorized access to the Site, Services, computer systems or networks;
- Impersonate any person or entity or provide false information when creating an account;
- Use automated bots, scrapers or other automated means to access the Site or Services;
- Sell, resell or commercially use the Site or Services;
- Post or transmit any malware or other harmful software;
- Forge headers, fake sender addresses or otherwise manipulate identifiers;
- Send unsolicited or unauthorized commercial messages (“spam”);
- Bully, intimidate or harass any users;
- Post or distribute content that is defamatory, abusive, threatening, misleading or deceptive;
- Post or distribute content that promotes or glorifies self-harm, violence or illegal acts;
- Post or distribute bigoted, hateful or racially offensive content;
- Post or distribute pornography, adult content or sexually explicit material;
- Post or distribute unauthorized advertising or promotional content;
- Post or distribute false, inaccurate or misleading claims;
- Post or distribute infringing, copyrighted or trademarked material without permission;
- Post or distribute personal information of any third party without consent; or
- Otherwise act in an unethical, offensive or illegal manner.
Violation of these policies may lead to account restrictions or termination.
User Content
Responsibility for Your Content. You are responsible for Your Content that you post and bear all associated legal liability and risk. You represent and warrant that you have all necessary rights to share Your Content and that it does not violate any proprietary rights, privacy rights or laws.
We do not endorse or control User Content and make no guarantees about the truthfulness, accuracy, legality or reliability of any User Content. We are not responsible or liable for any User Content.
No Confidentiality. Please do not submit confidential, proprietary or sensitive information through the Site or Services. Any User Content will be treated as public, non-confidential and non-proprietary.
Content Removal. We have the right, but not the obligation, to monitor Your Content and restrict or remove access where we have reason to believe it violates these Terms. We may remove metadata attached to Your Content.
Backups. We backup, but do not guarantee the protection or retention of, Your Content. Do not use the Services as your sole means of storing User Content.
Compliance Monitoring. We have the right, but not the obligation, to monitor compliance with these Terms, including compliance with restrictions on your use of Content and Trademarks. We may disclose information regarding use or users for regulatory compliance, operational purposes or if required by law.
Disclaimers
AS IS. The Site and Services are provided on an “as is” and “as available” basis, with all faults. We expressly disclaim all warranties of any kind, whether express or implied.
We make no warranty that (i) the Site or Services will meet your requirements, (ii) the Site or Services will available, timely, current, accurate, reliable, complete, secure or error-free, (iii) Site errors will be corrected, (iv) the Site or Services are free of viruses or harmful components, or (v) Content or User Content will be secure or not otherwise lost or altered. Your use of the Site and Services are solely at your own risk.
Third Party Content. Content linked on the Site or Services may originate from third party sites outside of our control. We are not responsible for third party Content made available through our Site or Services, including User Content from other users. Third party Content is provided for convenience only and such inclusion should not be viewed as endorsement.
YOUR RELIANCE ON THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK.
Limitations of Liability
We will not be liable to you or any third parties for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your access or use of, or inability to access or use, the Site or Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Our total cumulative liability arising out of or relating to the Site or Services will not exceed the greater of $100 or the total amounts paid by you to us over the six (6) month period immediately preceding the event giving rise to such liability.
The exclusions and limitations of liability above apply to the fullest extent permitted by law.
Indemnification
You agree to defend, hold harmless and indemnify Arden B® and our subsidiaries, affiliates, vendors, officers, directors, agents, partners, contractors, employees, licensors and licensees from and against any third-party claims, actions, proceedings, investigations or demands arising out of or related to (i) your breach of these Terms, (ii) your improper use of the Site or Services, or (iii) Your Content, including any liability or expense arising from all claims, losses, damages, judgments, litigation costs and attorneys’ fees.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with us in defending such claims. You will not settle any action or claims on our behalf without our prior written consent.
Termination
We reserve the right to suspend or terminate your access to and use of the Site or Services at any time, immediately, without notice, for conduct violating these Terms, suspected Terms violations, security reasons, extended inactivity, to protect our rights and property, or for any other reason in our sole discretion. We are not liable for any damages related to termination.
Upon termination, your right to access or use the Site and Services will immediately cease. All provisions that survive termination, disclaimers of warranties, limitations of liability, and applicable law will continue in full force and effect after termination.
Governing Law and Jurisdiction
These Terms and your access to and use of the Site and Services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles.
Any dispute arising out of or related to these Terms or the Site or Services must be brought in the state or federal courts located in San Francisco, California, and you consent to exclusive jurisdiction and venue in these courts.
Modifications
We reserve the right to modify these Terms from time to time to reflect updates or changes in our Site, Services or applicable law. If we make changes, we will revise the “Last Updated” date above.
Your continued access or use of the Site or Services constitutes acceptance of the modified Terms. If you do not agree to the changes, you should discontinue your access and use of the Site or Services.
Miscellaneous
If any provision of these Terms is invalid or unenforceable under applicable law, it shall be modified to the minimum extent necessary to render it valid or replaced with an enforceable term closest to the intent underlying the invalid term. Other provisions will remain in effect.
These Terms constitute the entire agreement relating to use of the Site and Services. Any prior agreements, statements or representations not expressly incorporated are superseded. Delay or failure to exercise any right will not waive any related rights.