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Terms of Use

Effective: November, 14th 2017

Welcome to the So Chic, LLC ("So Chic") website. The following Terms of Service govern your use of this website. If you visit or shop at www.thescboutique.com, you accept these conditions, so please read them carefully.

Privacy

Please review our Privacy Policy, which also governs your visit to www.thescboutique.com, to understand our privacy-related practices.

So Chic’ SERVICE

thescboutique.com and the services provided to you on and via thescboutique.com are provided on an "AS IS" basis. You agree that So Chic reserves the right to modify or discontinue provisions of thescboutique.com and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. So Chic will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS

If you use this website, you are responsible for maintaining the confidentiality of your account and other related login and account information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. In consideration of your use of this website, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the forms for your account, and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current and future use of this website. Account information and certain other information about you are also subject to our Privacy Policy. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

REFUND POLICY

See Refund Policy here.

YOUR CONDUCT

You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials ("content"), made available publicly or privately, will be under the sole responsibility of the person providing the said content, or of the person whose user account is used. You agree that thescboutique.com may expose you to content that may be objectionable or offensive. So Chic will not be responsible to you in any way for content displayed on thescboutique.com, nor for any error or omission.

By using thescboutique.com or any service provided, you explicitly agree that:
  • (a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of thescboutique.com or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
  • (b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
  • (c) you will not collect or harvest any information about other users;
  • (d) you will not provide, and you will not use thescboutique.com to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use thescboutique.com to promote or operate any service or content without So Chic' prior written consent;
  • (e) you will not provide any content that may give rise to So Chic being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including -- but not limited to -- laws relating to copyrights, trademarks, patents, or trade secrets.

SUBMISSION OF CONTENT ON THESCBOUTIQUE.COM

By providing any content to thescboutique.com:

  • (a) you agree to grant So Chic a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights.) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, and technology already known at the time of provision or developed subsequently;

  • (b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant So Chic the license specified in this section;

  • (c) you acknowledge and agree that So Chic will have the right (but not obligation), at So Chic' entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

THIRD-PARTY SERVICES

We may make available a link to a third party’s website. These links will let you leave this website. The linked websites are not under our control, and we are not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. We are not responsible for webcasting or any other form of transmission received from any linked website. We provide the links to you only as a convenience. So Chic will not in any manner be liable for or responsible for any of your dealings or interaction with third parties.

 

INDEMNIFICATION

You agree to indemnify and hold harmless So Chic and So Chic' representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with thescboutique.com or service, your provision of content, your violation of these Terms of use, or any other violation by you of the rights of another person or party.

 

DISCLAIMER OF WARRANTIES

YOU UNDERSTAND AND AGREE THAT THIS WEBSITE IS PROVIDED BY So Chic ON AN "AS IS" AND "AS AVAILABLE" BASIS. So Chic MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, So Chic DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. So Chic DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM So Chic ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. So Chic WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.


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 MIGHT HAVE ADDITIONAL RIGHTS.

RESERVATION OF RIGHTS

So Chic reserves all of So Chic' rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that So Chic may have in respect of thescboutique.com, its content, and goods and services that may be provided. The use of So Chic' rights and property requires So Chic’ prior written consent. By making services available to you, So Chic is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of thescboutique.com or provided services without So Chic' prior written consent.

 

INTELLECTUAL PROPERTY

Unless otherwise noted, all information, account information, articles, data, images, passwords, screens, text, usernames, web pages or other materials (collectively, the "Content") appearing on the website are the exclusive property of So Chic or its subsidiaries:
  • All information, products, services, text, graphics, logos button icons, images, audio clips, digital downloads, data compilations, software and other Content contained on or used in the website is protected by United States and international copyright laws. All rights reserved. Please assume that everything you see or read on the website is copyrighted to, or used with permission from So Chic unless otherwise noted.

  • The trademarks, logos, service marks and trade dress (collectively, the "Trademarks") displayed on the website are registered and unregistered Trademarks of So Chic or others. The Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits So Chic. All other trademarks not owned by So Chic or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by So Chic or its subsidiaries.

  • Images of people, objects or places displayed on the website are either the property of, or used with permission by, So Chic.

  • We own or use by permission all software contained on the website, including without limitation all HTML code. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution or reproduction of the software, and such actions could result in severe civil and criminal penalties. We will seek and support prosecuting violators to the maximum extent possible.

  • You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work or otherwise use the Content of the website for public or commercial purposes without So Chic’ authorization. Nothing on this website shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication or otherwise.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users involved in such violations.

We also reserve the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

Website license and prohibited uses

We grant you a limited license to access and make personal use of this website and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include the use of the website to do any of the following, including but not limited to:
  • Download or copy any account information for the benefit of another merchant or other person or entity;
  • Use any false or inaccurate information for purposes of establishing an account with us;
  • Provide any information or take any other action with the purpose of establishing an account with us in order to place test orders;
  • Delete or revise any material or other information of ours or any other user;
  • Harvest or otherwise collect information about others, including email addresses, without their consent;
  • Collect or otherwise use any data located on the website for litigation or legislative purposes;
  • Take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure;
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this website;
  • Use any engine, software, tool, agent or other mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than (i) the search engine and search agents available from So Chic and (ii) generally available third party web browsers;
  • Allow any other person or entity to use your username or other identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service; or
You further agree not to violate or attempt to violate the security of the website, including, without limitation, actions such as:
  • Accessing data not intended for you or logging into a server or account that you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • Attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to or overloading, using any type of spyware or redirecting software, "flooding," "spamming," "mailbombing" or "crashing" the website;
  • Forcing the placement of cookies;
  • Sending unsolicited email, including promotions and/or advertising of products or services; or
  • Forging any TCP/IP packet header or any part of the header information in any email or posting.

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of So Chic without express written consent. You may not use any meta tags or any other "hidden text" utilizing So Chic’ name or Trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of So Chic so long as the link does not portray So Chic or our products or services in a false, misleading, derogatory or otherwise offensive matter. You may not use any So Chic logo or other proprietary graphic or trademark as part of the link without our express written permission.

 

Copyright complaints

We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the website in a way that constitutes copyright infringement, please notify us and provide the following information:
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • Identification of the URL or other specific location on the website where the material that you claim is infringing is located;
  • Your name, address, telephone number and email address;
  • A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is either the owner, or is authorized to act on behalf of the owner, of an exclusive copyright right that is allegedly infringed; and
  • An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

Our agent for notice claims of copyright infringement on the website can be reached as follows:
[PUT YOUR REGISTERED AGENT INFO HERE]

 

Our Rights

We may elect to electronically monitor areas of this website and may disclose any content, records or electronic communication of any kind (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate the website; or (iii) to protect our rights or property or the rights of the users. We are not responsible for screening, policing, editing or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from the website.
We may terminate your access, or suspend your access to all or part of the website, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or us.

 

APPLICABLE LAW

By visiting this website, you agree that the laws of the state of Utah, without regard to principles of conflict of law, will govern these Terms of Service and any dispute of any sort that might arise between us.

 

DISPUTES

Any dispute relating in any way to your visit to this website or to products you purchase through us shall be submitted to confidential arbitration in Salt Lake City, Utah, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. 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 under these Terms of Service shall be joined to an arbitration regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the Terms of Use must be filed within one year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS INFORMATION

These Terms of Service constitute the entire agreement and govern the use of the website. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. In any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.