TERMS OF SALE

The following Terms of Sale apply to your use of all websites, mobile applications, and other products and services owned, controlled, operated or hosted (whether now or in the future) by MyStyleRules, Inc. and/or its corporate affiliates, including but not limited to the MyStyleRules.com (and all related) applications and services.

Last Updated: April 26, 2014

These Terms of Sale (“Terms of Sale”) govern your purchase of goods and services (including, without limitation, your purchase of a membership, physical goods, gift subscriptions, and/or pay-per-download material) on or through any of the MyStyleRules Sites. By purchasing any products or services on any of the MyStyleRules Sites, you affirmatively acknowledge that you have read and understand these Terms of Sale, and agree to be bound by them as in effect at the time of your purchase. By using any of the MyStyleRules Sites or any products or services offered thereon, you agree to be also bound by the MyStyleRules Terms of Service (click here), and the MyStyleRules Privacy Policy (click here), all of which are incorporated herein by reference. All capitalized terms used herein that are not otherwise defined in these Terms of Sale shall be as defined in the MyStyleRules Terms of Service (click here).

 

These Terms of Sale are subject to change by MyStyleRules from time to time. In the event of such changes, we will post the changes on the MyStyleRules Sites and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through any of the MyStyleRules Sites. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the MyStyleRules Sites.

 

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 

1. Memberships

You must be a MyStyleRules Member to access certain goods, services and content offered on the MyStyleRules Sites, such as full access to the MyStyleRules Membership Services described in Section 1.4 below (collectively “Membership-based Features”). With respect to any Membership-based Features, you acknowledge and agree that, by making such features accessible to members in general, MyStyleRules will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features.

 

1.1 Memberships

If you register to become a MyStyleRules Member, we will charge you the applicable membership fee for the applicable membership term using your selected payment method, at the time of purchase. MyStyleRules guarantees satisfaction of all Membership sales. If you are not satisfied with your Membership, you can request a cancellation within 72 hours from the time/date your payment has been accepted and processed and you will receive a full refund of the payment. Please note that your access to the Membership-based Features will cease immediately following such refund. NO REFUND will be given, whether in whole or in part, if you request a cancellation more than 72 hours after your payment has been processed. You may turn off the Membership auto-renewal at any time, but NO REFUND will be given, whether in whole or in part, and your access to the Membership-based Features will continue only for the remainder of the currently paid-for membership term.

 

1.2 Membership Renewals

On some MyStyleRules products, your membership will automatically be renewed at the end of the membership term unless: (i) you turn off the auto-renew feature prior to the expiration date of your then existing membership; or (ii) you request a cancellation within (10) days from the date your renewal payment has been accepted and processed (in which case you will receive a full refund of the renewal payment). NO REFUND will be given, whether in whole or in part, if you request a cancellation more than 10 days after your renewal payment has been accepted and processed, and your access to the Membership-based Features will continue only for the remainder of the renewed membership term. To cancel your membership renewal, please go to the “My Account” section of the MyStyleRules Site.

 

1.3 Trial Periods

In order to allow customers an opportunity to “sample” our products and services, occasionally we offer trial periods during which you will have the ability to cancel your membership within a stated period of time and receive a full refund. If you do not cancel during the trial period, you will automatically be converted into a non-trial member upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Membership-based Features will continue only for the remainder of the non-trial membership term. To cancel your trial membership, please go to the “My Account” section of the MyStyleRules Site.

 

1.4 MyStyleRules Premium Content Services

Membership is required to access certain parts of MyStyleRules’ service that allows you full wardrobe access, as well as access to additional premium services. Any information that you include with your MyStyleRules Premium Content Services must comply with all terms and conditions regarding Personal Information and User Conduct as set forth in the MyStyleRules Terms of Service.

 

For the avoidance of doubt, the MyStyleRules Premium Content Services are services (notwithstanding any use of the terms “purchase,” “buy,” “sell,” “order” or the like on the MyStyleRules Site or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any MyStyleRules Premium Content, and neither you nor your recipient may reproduce, distribute, transfer, modify, create derivative works or otherwise use such content in any manner other than as expressly authorized by MyStyleRules.  Unless specifically authorized in writing, all use of the MyStyleRules Premium Content Services is for your personal, non-commercial use only.

 

1.5 MyStyleRules, Right to Terminate

MyStyleRules reserves the right to terminate your membership at any time for any breach or violation by you of the MyStyleRules Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the membership fee previously paid by you.

 

2. A la Carte Purchases

No membership is necessary to purchase (when offered) virtual goods, physical goods, gift subscriptions, or material offered on a pay-per-download basis on the MyStyleRules Site. For purchases of a la carte virtual goods, physical goods or pay-per-download material, we will bill you on an order-by-order basis, i.e., we will charge the purchase amount to your specified credit card/debit card when you click submit on the order or download page.

 

For the avoidance of doubt, neither the term “physical goods” nor the term “pay-per-download material” will include online use of the MyStyleRules Premium Content described in Section 1.4 above (except for special orders and as otherwise noted by MyStyleRules).

 

2.1 Affiliated Organizations /Vendors

 

2.1.1  Links to Third Party Websites; No Implied Endorsements

The MyStyleRules Site may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party. You should also read the terms and conditions and privacy policies of these other websites.

 

2.1.2  Independent Vendors 

MyStyleRules relies upon a network of independent vendors who supply some of the goods advertised on the MyStyleRules Site and in most cases, drop ship them directly to the member.  Independent Vendors are solely responsible for the content of advertisements and the goods that they sell through the Site.  Without limitation, MyStyleRules is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the MyStyleRules Site, or items advertised on the MyStyleRules Site, by our vendors, even if appearing on the MyStyleRules Site or in emails from us. Nothing on the MyStyleRules Site shall be deemed to confer on any person any license or right on the part of MyStyleRules or any supplier with respect to any such image, logo or name.

 

2.2 Gift Subscriptions

A gift subscription has an initiation of membership term limit of five (5) years from the date it is issued. IF AND TO THE EXTENT A GIFT SUBSCRIPTION IS NOT USED WITHIN FIVE (5) YEARS FROM THE DATE IT IS ISSUED, THE GIFT SUBSCRIPTION EXPIRES.

 

2.3 Pay-Per-Download Material

With respect to any a la carte virtual good or pay-per-download material that you purchase on or through the MyStyleRules Site, you acknowledge and agree that, upon making such material available to you (or to your intended authorized recipients) for download, MyStyleRules will have fully satisfied its obligation to deliver or otherwise provide such material, regardless of your or your recipients’ failure or inability to view, play, use or store such material. All purchases of a la carte virtual goods and pay-per-download material on or through the MyStyleRules Site are final, non-cancelable and non-refundable, and no such material is returnable or exchangeable (except as expressly otherwise provided in these Terms of Sale or as otherwise determined by MyStyleRules in its sole discretion). For the avoidance of doubt, a la carte virtual goods and pay-per-download material is provided for your personal, non-commercial use only and remains the exclusive property of MyStyleRules.

 

3. Membership Enhancements

We may offer enhancements related to your membership and/or a la carte purchase options. For example, we may offer an ad-free membership, a membership that includes bonus content, or the ability to get private personal shopper assistance for an additional fee.

Such membership enhancements may be added for an additional NON-REFUNDABLE fee and may be cancelled at any time (provided that you will continue to have access to your purchased enhancements for the duration of your basic membership). You may renew your basic membership and choose not to renew your membership enhancements, but you may not renew membership enhancements without a basic membership.

 

4. General Provisions

 

4.1 Purchase Qualifications; Account Security

To make any purchase on or through the MyStyleRules Site (including, without limitation, purchase of memberships, a la carte virtual goods, physical goods, gift subscriptions, and/or pay-per-download material), you must be a Registered User (as defined in the MyStyleRules Terms of Service) and comply with these Terms of Sale (including the MyStyleRules Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. MyStyleRules sells its products and services only to those who can legally make purchases with a credit card/debit card. If you are under 18 years of age (but not younger than 13), you may make purchases on or through the MyStyleRules Sites only with the consent and supervision of a parent or guardian. No one under 13 is allowed to make any purchase on the MyStyleRules Site. MyStyleRules reserves the right to refuse or cancel any customer order or terminate any customer account with MyStyleRules, at any time in its sole discretion (except as prohibited by law).

 

4.2 Payment Method and Terms

We accept Visa, MasterCard, American Express, and Discover credit cards, PayPal and certain debit cards, as forms of payment. By submitting an order on or through the MyStyleRules Site, you authorize MyStyleRules, or its designated payment processor, to charge the purchase amount (and in the event of a membership renewal, you authorize MyStyleRules, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. MyStyleRules reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the MyStyleRules Site.

 

4.3 Taxes

You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the MyStyleRules Sites. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and MyStyleRules reserves the right to collect or withhold such taxes or fees from you at any time.

 

4.4 Product and Service Availability; Errors

MyStyleRules may revise, discontinue or modify products or services offered on or through the MyStyleRules Site, at any time without prior notice to you.  If a product or service offered by you is or becomes unavailable, MyStyleRules may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered by you is or becomes unavailable, MyStyleRules may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value, and will make such substitution only with your written or recorded consent.

 

While we strive to eliminate errors on the MyStyleRules Site, we do not warrant that all products, services, information and content offered on the MyStyleRules Site will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information and content offered on the MyStyleRules Site are provided “as is” without warranty of any kind. In the event of an error by MyStyleRules in processing or delivering your order, MyStyleRules may, at its election: (i) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (ii) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order on or through the MyStyleRules Sites, you acknowledge and agree that, in the event of an error by MyStyleRules in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to MyStyleRules’ cancellation, return and refund policies set forth in these Terms of Sale.

 

4.5 Privacy

We care about the privacy of our customers. Please click here to view the MyStyleRules Privacy Policy.

 

4.6 Disclaimers

ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THE MYSTYLERULES SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY MYSTYLERULES. MYSTYLERULES ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THE MYSTYLERULES SITE.

 

ALL PRODUCTS AND SERVICES ON THE MYSTYLERULES SITE ARE PROVIDED OR SOLD "AS-IS" AND MYSTYLERULES DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MYSTYLERULES CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. MYSTYLERULES DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

 

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by MyStyleRules.

 

4.7 Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL MYSTYLERULES OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE MYSTYLERULES SITE, EVEN IF MYSTYLERULES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYSTYLERULES’ AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO MYSTYLERULES FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE ON THE MYSTYLERULES SITES, BUT IN NO CASE WILL MYSTYLERULES’ TOTAL LIABILITY TO YOU EXCEED $200.00.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

4.8 Governing Law; Venue and Jurisdiction

You agree that the laws of St. Lucia, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and MyStyleRules or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the state of Nevada, USA, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the state of Nevada, USA.

 

4.9 Arbitration

YOU AND MYSTYLERULES AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY MYSTYLERULES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

 

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, MyStyleRules will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

 

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY MYSTYLERULES PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through the MyStyleRules Site be instituted more than one (1) year after the cause of action arose.

 

4.10 Indemnity

You agree to indemnify and hold MyStyleRules, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered on the MyStyleRules Site, or any violation of these Terms of Sale or of any law or the rights of any third party.

 

4.11 Miscellaneous

These Terms of Sale, together with the MyStyleRules Terms of Service, and the MyStyleRules Privacy Policy, constitute the entire agreement between you and MyStyleRules regarding your purchase and use of MyStyleRules’ goods and services offered on the MyStyleRules Site (including, without limitation, the MyStyleRules Premium Content Services), superseding any prior agreements between you and MyStyleRules relating to such purchase and use. The failure of MyStyleRules to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the MyStyleRules Terms of Service, these Terms of Sale shall be controlling.

 

Questions

For customer support, please send us a message via the Contact Us page, call us at 877-832-9492 or send an email to info@mystylerules.com.