Handbag Collective Terms and Conditions

(Last Revision January 2, 2017)

This Handbag Collective, Inc. (“Handbag Collective”) Terms of Use (“Terms”) governs your access to and use of Handbag Collective’s website located at www.handbagcollective.com (the “Site”) and services (collectively the Site and services are referred to as “Services”). Read these Terms carefully, AND PAY SPECIAL ATTENTION TO SECTION 12 WHICH REQUIRES MANDATORY ARBITRATION TO RESOLVE DISPUTES. By browsing, accessing, creating an account, or using Handbag Collective’s Services in any manner, you agree to be bound by these Terms and Handbag Collective’s Privacy Policy, which is incorporated by reference. Handbag Collective may modify these Terms prospectively; and your use of the Services after notice of modification, which may be provided by displaying the notice generally through the Services, will constitute your acceptance of the modifications.

User Requirements

You may use the Services only if you can form a binding contract with Handbag Collective, and only in compliance with these Terms and all applicable laws. If you create an account, you must provide Handbag Collective with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, (b) you represent and warrant that you are authorized to bind the entity to these Terms, and (c) you agree to these Terms on the entity’s behalf. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur from your account, whether or not authorized by you. You must immediately notify Handbag Collective of any unauthorized use of your account credentials or any other breach of security which you become aware of. Handbag Collective will not be liable for any loss or damage arising from your failure to comply with this section.

Grant of Limited License

Subject to your strict compliance at all times with these Terms and all applicable laws, Handbag Collective grants you a personal, limited, non- exclusive, non-transferable, and revocable license to access the Services for personal (non-commercial) use (the “License”). Handbag Collective may revoke or terminate the License granted in its sole discretion, at any time. All rights and licenses not expressly granted to you in these Terms are retained by Handbag Collective.

Copyright and Trademark

All information and content available on or through the Services, including but not limited to, any text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (“Content”) is the property of Handbag Collective or its content supplier(s) and protected by the United States and international copyright laws and other intellectual property laws. The compilation of all Content on the Site is the exclusive property of Handbag Collective.

The trademarks, logos, and service marks displayed on the Site are (a) the property of Handbag Collective and other parties, and (b) protected under United States and international intellectual property laws.

Any rights not expressly granted herein are reserved by Handbag Collective.

Feedback

Any ideas, questions, comments, suggestions, or feedback regarding any Services (“Feedback”) which that you send to Handbag Collective is non-confidential and shall become the sole property of Handbag Collective. We have no obligation to you of any kind, monetary or non-monetary, with respect to Feedback, and Handbag Collective is free to reproduce, use, disclose, exhibit, display, transform, create derivative works from and distribute the Feedback to others without limitation or obligation.

Third-Party Links, Sites, and Services

The Services may contain links to third-party websites, services, or content not owned or controlled by Handbag Collective. We do not endorse or assume responsibility for any such third-party sites, services, or content. If you access a third-party website, service, or content from the Services, you do so at your own risk and agree that Handbag Collective will have no liability arising from your use or access to any third-party website, service, or content.

General Obligations and Restrictions

You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Services for any purpose. Moreover, you agree that you will NOT do the following:
Post or otherwise make available any software viruses or any other computer code, file, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; Copy any portion of the Services, any underlying content, or source code; Remove, alter, or obscure any copyright, trademark, or other proprietary notices; Access without authorization any networks, systems, or databases used in providing the Services, or access or use any information contained therein for any purpose; Attempt to probe, test, hack, or otherwise circumvent any security measure(s); Interfere with or disrupt the use and enjoyment by others of the Services; Engage in “framing,” “mirroring,” or otherwise simulating the appearance and function of the Services; or Use manual or automated software, devices, scripts, robots, or other means or processes to access, scrape, or crawl the Services or any related data or information.

Indemnity

You agree to hold harmless, defend, and indemnify Handbag Collective from all liabilities, claims, demands, and expenses (including, but not limited to, reasonable attorneys’ fees and costs), that are due to, arise from, or otherwise relate to your conduct, use, or misuse of the Services, including without limitation, any actual or threatened lawsuit, demand or claim made against Handbag Collective by a third party that arises out of or relates to (i) any intellectual property rights or other proprietary rights of any third party, (ii) your breach of these Terms, or (iii) your use of the Services. Handbag Collective may assume exclusive control of any defense of any matter subject to indemnification by you, and you agree to cooperate with Handbag Collective in such event.

Payment Authorization; Pricing Errors

If you purchase an item or items, you authorize Handbag Collective to charge the credit card or other payment account provided and receive payment from your credit card or other payment account provided. You agree to pay for your purchase(s) in accordance with the issuing bank cardholder or account agreement. You certify that you are an authorized user of the credit card or other payment account provided. You agree you are responsible for any insufficient funds or charge-back fees, and you authorize Handbag Collective to charge the credit card or other payment account provided for such fees. You understand and acknowledge typographical errors or mistakes regarding product pricing information (“Pricing Error”) may occur from time to time. You irrevocably authorize Handbag Collective to cancel any order you place that contains a Pricing Error (as determined by Handbag Collective in its sole discretion), even if payment has been received or your credit card has been charged for the order. Handbag Collective will notify you of the Pricing Error and order cancellation. Handbag Collective will refund the full payment amount received (if any) for an order cancelled due to a Pricing Error, or if your credit card has been charged for a cancelled order due to a Pricing Error, Handbag Collective will issue a credit to your credit card in the amount of the charge for the cancelled order.

Limited Authenticity Warranty

Handbag Collective guarantees the authenticity of every item it sells. The time frame for you to make a claim and your remedy for a claim based upon Handbag Collective’s guarantee of authenticity are limited. To make a claim, you must return the item to Handbag Collective within 10 days of your receipt of the item in accordance with Handbag Collective Return Policy, which is incorporated by reference. You are responsible for the cost of shipping to return the item to Handbag Collective within 10 days of your receipt of the item. Your sole and exclusive remedy for a claim based upon Handbag Collective’s guarantee of authenticity is a refund of the purchase price, excluding shipping costs, you paid for the returned item in accordance with Handbag Collective Return Policy.

Disclaimers

EXCEPT FOR THE LIMITED AUTHENTICITY WARRANTY DESCRIBED IN SECTION 9 ABOVE, THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Handbag Collective SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE;
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations and exclusions may not apply to you.

Limitation of Liability

IN NO EVENT SHALL HANDBAG COLLECTIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY OF THE SERVICES; (II) ANY INABILITY TO USE THE SERVICES FOR WHATEVER REASON; OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH ANY SERVICES, IN EACH CASE EVEN IF HANDBAG COLLECTIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY,HANDBAG COLLECTIVE’S AGGREGATE LIABILITY, IF ANY, SHALL BE LIMITED TO YOUR ACTUAL PROVABLE DAMAGES NOT TO EXCEED THE LESSER OF (1) ONE THOUSAND UNITED STATES DOLLARS ($1,000), OR (II) THE ACTUAL PRICE OF THE ITEM YOU PURCHASED FROM HANDBAG COLLECTIVE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and exclusions may
not apply to you.

Dispute Resolution

ANY DISPUTE, CLAIM OR CONTROVERSY BETWEEN YOU AND HANDBAG COLLECTIVE RELATING IN ANY WAY TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICES, WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, WITHOUT LIMITATION, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY (“DISPUTE”), WILL BE RESOLVED BY BINDING ARBITRATION IF IT CANNOT BE RESOLVED THROUGH NEGOTIATION AS SET FORTH IN THIS SECTION. ARBITRATION MEANS THAT THE DISPUTE WILL BE RESOLVED BY A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY.

NOTWITHSTANDING THE ABOVE, YOU AND HANDBAG COLLECTIVE AGREE THAT (A) ANY DISPUTE THAT MAY BE BROUGHT IN SMALL CLAIMS COURT MAY BE INSTITUTED IN SMALL CLAIMS COURT IN COLLIN, COUNTY STATE OF TEXAS INSTEAD OF BEING RESOLVED THROUGH ARBITRATION, AND (B) EITHER PARTY MAY SEEK INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO (I) ENJOIN INFRINGEMENT OR VIOLATION OF EITHER ANY USE RESTRICTIONS CONTAINED IN THESE TERMS, OR A PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (II) ENJOIN SCRAPING, WEB CRAWLING OR UNAUTHORIZED ACCESS TO EITHER HANDBAG COLLECTIVE SITE OR SERVICES.

If you have a Dispute with Handbag Collective, you must send written notice describing the Dispute to Handbag Collective to allow Handbag Collective an opportunity to resolve the Dispute informally through negotiation. Your notice must be sent to the following address: Handbag Collective, Attn: Legal Department, Handbag Collective, 7312 Plumas Pl., McKinney, Texas 75070. If we have a Dispute with you, we will send written notice (email or letter) describing the Dispute to you. The parties agree to negotiate resolution of a Dispute in good faith for no fewer than 30 days after notice of a Dispute has been provided.

YOU AND HANDBAG COLLECTIVE EACH WAIVE ALL RIGHTS TO CONDUCT DISPUTE RESOLUTION PROCEEDINGS IN A CLASS ACTION OR CONSOLIDATED ACTION. YOU AND HANDBAG COLLECTIVE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, WITH THE SOLE EXCEPTION OF REPRESENTATIVE SUITS THAT ARE PERMITTED BY, AND DEEMED UNWAIVABLE UNDER, STATE LAW. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.

Time Limitation on Claims

You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or your use of the Services must be filed within one year after such claim or cause of action arose. Any claim not filed within the foregoing one-year period will be forever barred.

General Provisions

If any part of these Terms are held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. If we do not enforce a breach of these Terms, that does not mean that Handbag Collective has waived our right to enforce the Terms against you or others. You may not assign or transfer these Terms (or your Account or License to use the Services) to anyone without Handbag Collective’s written consent. However, you agree that Handbag Collective may assign these Terms without notice or consent. There are no third party beneficiaries to these Terms, other than as explicitly provided herein.