a. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site or otherwise through the Services by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
b. Certain of the Services may be subject to additional terms and conditions specified by us from time to time, such as our Shipping and Return policies; your use of such portions of the Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
c. These Terms of Service apply to all users of the Services, registered or otherwise.
d. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you are at least 18 years of age. If you are under age 13, you may not, under any circumstances or for any reason, register for an Account (defined below) or use the Services. If you are under age 18, you may only use the Services under the supervision of an adult, in which case the adult shall be deemed the user of the Services and shall be responsible for any and all activities. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you, and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Access to some parts and features of the Services, including without limitation the ability to purchase products through the Services, may require you to have an active account on the Services (“Account”). To register for an Account, you must provide us with your name, email address, and password. You must provide accurate and complete information and keep your Account information updated. You shall not: (a) select or use as a username a name of another person with the intent to impersonate that person; (b) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s Account or registration information without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by emailing one of our employees at [email protected]
a. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, product information, advertisements, articles, videos, audio clips, written posts, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
b. User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
c. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners, our third party service providers, or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
d. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
e. License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (a) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all; and (b) to remove or block any Content from the Services. We neither endorse nor guarantee the accuracy, propriety, or timeliness of any third party or User Content, including without limitation any Content related to products made available for sale through the Services. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate, including without limitation (i) with regards to product specifications, colors, textures, functionality, price, sizing information, or appropriateness for use; or (ii) that the Content on the Services reflects updated information in areas such as product availability or market developments.
a. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
b. You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy below);
ii. you know is false, misleading, untruthful or inaccurate;
iii. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
iv. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
vi. impersonates any person or entity, including any of our employees or representatives; or
vii. includes anyone’s identification documents or sensitive financial information.
c. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
d. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
e. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
The Services may permit you to link to other websites, services or resources on the Internet (“Third Party Sites”), and other websites, services or resources may contain links to the Services. When you access Third Party Sites, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, products or services available on or through any such website or resource. All matters concerning transactions you have with any Third Party Sites are solely between you and the third party with whom you choose to transact, and we are not a party to any such transactions. We make no representations or warranties with regard to any goods or services provided by any third parties.
a. Products. Products listed for sale through the Services are wholly provided by our third party brand partners (“Brands”) unless otherwise stated. We do not manufacture any products made available for purchase through the Services, and unless we identify a product as Ecole-branded or an Ecole collaboration, we also do not design the products. Please note that our inclusion of a product on the Site or Services does not represent our endorsement of a product and that by purchasing a product through the Services, you acknowledge and agree that we do not make any representations about the quality of the products provided by any Brands or your potential experiences with their products. Although we may choose to intervene or attempt to resolve a dispute between you and a third party, which may include a Brand or other business partner, you acknowledge and agree that we have no obligation to do so.
b. Eligibility. In order to submit an order for products through the Services, you must either (a) be at least 18 years old and have a valid credit card or other payment method accepted by the Services (which may change from time to time in Ecole’s sole discretion), with full authority to use it, or (b) use the Services with the consent and under the supervision of an adult who meets the foregoing requirements, who shall be deemed to be the user of the Services and shall be responsible for any and all activities. Ecole reserves the right, in its sole discretion, to take steps to verify your identity and/or eligibility to process your order.
c. Order Processing. You agree that your order is an offer to purchase the products made available for sale through the Services. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you, and Ecole reserves the right to refuse any order or transaction, in its sole discretion. For example, we may choose to not process or to cancel your order when a product is out of stock or has been mispriced or if we suspect the request is fraudulent. If we decide not to process your order or if we cancel all or a portion of your order, Ecole will either not charge you for the applicable item(s) or provide you with a refund for the applicable item(s).
d. Prices; Colors; Availability.
i. All prices listed on the Services are subject to change. Although we try to make sure the Site and Services only display accurate prices and product information, and we try to correct errors as we become aware of them, you may occasionally encounter mispriced items on the Services. In the event a product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel any order prior to shipment of such order, even if the order has been confirmed and your credit card has been charged.
ii. Please note that merchandise color may depend on the settings of your monitor or screen, and therefore the color of an item on your display may differ from the item you actually receive.
iii. Although we try to display updated inventory information on the Services, the availability of products on the Services may change at any time, without notice. In rare cases, this may result in a product being shown as in stock when you place an order but unavailable by the time Ecole attempts to process the order. Should this happen, Ecole will notify you by email, through the Services, or by other appropriate manner. Depending on whether we believe the product will become available later, we will either ship the item once it becomes available or cancel the item from your order and, if payment has already been processed for the item, refund you for the price of the cancelled item.
e. Errors, Inaccuracies and Omissions. Despite our efforts, errors may appear from time to time. Additionally, some of the Content you find on the Services was not created, edited, or posted by us (for example, some product descriptions or details come directly from Brands). Therefore, we cannot guarantee the accuracy or timeliness of any Content made available through the Services. Occasionally there may be information on our Site or Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site or Services is inaccurate at any time without prior notice (including after you have submitted your order).
f. Order Acknowledgment and Shipping Information. Order and shipping information will be available to you in your Dashboard on the Services. Please note that our acknowledgement that we have received your order is not an acceptance of your order. Your order is not accepted until we receive payment in full for the products you purchased or your products are shipped. Please see our Shipping Policy, located below, for our policy on shipping. We reserve the right to change our Shipping Policy from time to time, with or without notice to you, so please check the Shipping Policy before making a purchase on the Services. There may occasionally be special shipping conditions or restrictions on certain items, which we will display on the particular item’s listing.
g. Risk of Loss. The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
h. Returns. Ecole accepts returns on certain merchandise on a case-by-case basis, in accordance with our Return Policy, which is located below. We reserve the right to change our Return Policy from time to time, with or without notice to you, so please check the Return Policy before making a purchase on the Services. There may occasionally be special return conditions or restrictions on certain items, which we will display on the particular item’s listing.
i. Customer Service. If you need assistance with your order, your Account or the Services, please contact us by texting (646) 759-9399 or emailing [email protected] Please note that depending on time, day, user traffic, or other factors, our response times may vary. Please also note that by emailing or texting us to receive support, you are consenting to receive communications (including SMS text messages), through the email address and phone number you have specified or used to contact us.
a. Payment Terms.
i. Billing. We use a third-party payment processor (the “Payment Processor”) to process payments made through the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. For each product you order through the Services, you agree to pay us, through the Payment Processor the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. The total charge for your purchase may include shipping fees and state and local sales tax, the amount of which varies due to factors including the type of item purchased and the shipping destination. Each customer shall be solely responsible for all sales taxes, or other taxes, customs, import/export charges, or similar governmental charges on orders shipped to any other state or on orders shipped outside the United States. Upon your submission of your order, we may automatically bill the total amount of your order to the payment method you provide (“Payment Method”), such as the credit card you submit as part of the order process. We and the Payment Processor reserve the right to correct any errors or mistakes in payment amounts, even if the Payment Processor has already requested or received payment.
ii. Payment Method. The terms of your payment will be based on the Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.
iii. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR ALL ORDERS PLACED AND ALL PAYMENTS MADE THROUGH THE SERVICES. If we do not receive payment from you for a purchase you make through the Services, you agree to pay all amounts due by you upon demand.
Our goal is to provide information that all our users will find helpful; however, we know that each shopper has their unique needs, preferences and circumstances. Therefore, we encourage you to carefully consider any facts that are important to your decision-making process before making a purchase through the Services. The Content and information available through the Services are intended solely for informational purposes and not as a substitute for professional services or advice.
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
Procedure for Reporting Copyright Infringement:
If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
b. Identification of works or materials being infringed;
c. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
d. Contact information about the notifier including address, telephone number and, if available, e-mail address;
e. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
f. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
g. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Ecole at:
Attn: Copyright Department
150 E 52nd St
New York, NY 10022
email: [email protected]
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by emailing us at [email protected] All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
a. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
i. which users gain access to the Services;
ii. the Content or products you access via the Services; or
iii. how you may interpret or use the Content or products.
b. You release us from all liability for you having acquired or not acquired Content or products through the Services. We make no representations concerning any Content contained in or accessed through the Services, any suggestions or recommendations of services or products offered through the Services, or any products purchased from Third Party Sites, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
c. WE PROVIDE THE SERVICES (INCLUDING THE SITE) “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, BRANDS, THIRD PARTY SERVICE PROVIDERS, AND CONTENT PROVIDERS (COLLECTIVELY, THE “ECOLE PARTIES”) DO NOT MAKE ANY (AND HEREBY DISCLAIM ALL) WARRANTIES OR GUARANTEES ABOUT THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES (I) THAT THE SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, OR ANY OTHER MATERIALS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR FREE, FIT FOR A PARTICULAR PURPOSE, NON-INFRINGING, OR THAT THEY WILL MEET YOUR REQUIREMENTS; (II) ARISING FROM OR IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OR TRADE; (III) REGARDING RESULTS OF USE; (IV) THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THEY WILL OPERATE ERROR-FREE OR FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS; OR (V) ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE THROUGH THE SERVICES OR ANY OTHER SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY THIRD PARTY MERCHANTS, THIRD PARTY SITES, THIRD PARTY SERVICE PROVIDERS, USERS OF THE SERVICES OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SERVICES. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
d. You shall and hereby do waive California Civil Code Section 1542 or any other similar law of any jurisdiction, which says in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor”.
e. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.
You shall defend, indemnify, and hold harmless the Ecole Parties and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
a. IN NO EVENT SHALL ANY OF THE ECOLE PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES OR ANY INFORMATION, PRODUCTS, SERVICES, OR THIRD PARTY MATERIALS OBTAINED THROUGH THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, TECHNOLOGY, OR RIGHTS, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE LESSER OF (A) FEES PAID TO US FOR THE APPLICABLE PURCHASE OR (B) $500.00.
b. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall resolved in New York County, New York.
a. Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN NEW YORK, NEW YORK UNDER THE STREAMLINED ARBITRATION RULES AND PROCEDURES (“RULES”) OF JAMS THEN IN EFFECT, BY ONE COMMERCIAL ARBITRATOR WITH SUBSTANTIAL EXPERIENCE IN RESOLVING INTELLECTUAL PROPERTY AND COMMERCIAL CONTRACT DISPUTES, WHO SHALL BE SELECTED FROM THE APPROPRIATE LIST OF JAMS ARBITRATORS IN ACCORDANCE WITH SUCH RULES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.
b. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this section will be null and void. This section will survive the termination of your relationship with us.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.
a. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
b. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
c. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
d. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
e. Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
f. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
g. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address: Ecole Inc, 150 E 52nd Street, 11th Floor, New York, NY 10022
Effective Date of Terms of Service: 2/27/15