Terms of Service
IMPORTANT: READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR INSTALLING THIS SOFTWARE. BY DOWNLOADING, INSTALLING, OR OTHERWISE USING THIS SOFTWARE (EACH AN "ACCEPTANCE" OF THIS EVALUATION AGREEMENT), YOU OR THE ENTITY IDENTIFIED BY YOU WHEN ACCEPTING THIS AGREEMENT ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AN AUTHORIZED USER OF THE SOFTWARE AND IT IS YOUR RESPONSIBILITY TO EXIT THIS DOWNLOADING / INSTALLATION PROCESS WITHOUT DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE AND TO DELETE THE SOFTWARE FROM YOUR COMPUTER.
Terms of Service Agreement
Tulerie, LLC and/or its suppliers, agents, affiliates, subsidiaries and its employees, officers and members (collectively, “Tulerie”) own, manage and operate Tulerie, an online App providing users with a variety of resources to facilitate peer-to-peer sharing, lending, borrowing and renting of goods and services. The following describes the terms on which Tulerie offers you access to our websites, App and services (“Platform”). If you do not accept and agree to the terms then you must not access or use the app or site.
The Product(s): Any items (apparel, shoes, handbags, and accessories) posted on the App that are available to be borrowed
Lender: The user who owns the Product(s) on the App that is available to other users to borrow
Borrower: The user who requests to borrow the Product(s)
Retail Value: The current or estimated value of the Product as determined by the Lender
Rental Fee: Rental price (as determined by the Lender); plus shipping costs and any applicable dry cleaning fees (as determined by the Lender)
Return Packaging: The complete packaging provided by the Lender which may include but is not limited to the shipping parcel, dust bag(s), garment bag(s), shoe box(s), jewelry box(s), sunglass case(s), etc.
Messenger: The message function provided in the App for users to communicate
1. App and License
Tulerie grants you a limited, non-exclusive license to access and use the App for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our App, including without limitation your participation in or involvement with any events and your submission of accurate and acceptable information. You also agree not to use or access the App from outside the United States.
Tulerie is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability, content or performance of the App and we reserve the right to suspend, withdraw, amend, modify or vary the service provided without notice and without incurring any liability to you or any third party.
Except as expressly permitted by us in writing, you agree not to reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble Tulerie. You will not take any measures to interfere with or damage Tulerie. All rights not expressly granted by Tulerie are hereby reserved.
You acknowledge and agree that Tulerie may disclose your information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with a current judicial proceeding, a court order or legal process served on us or our website, (b) enforce this Agreement, (c) respond to claims that information violates the rights of third parties; (d) protect the rights, property or personal safety of Tulerie, its employees, users or the public; or (e) enable the transfer or sale of the App to another entity.
ACKNOWLEDGMENT. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Tulerie, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the Apple Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Tulerie acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Tulerie acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Tulerie will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Tulerie acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
You must be eighteen (18) years of age or over to register as a member of or use the App. Membership in the App is invalid where prohibited. By using the App, you represent and warrant that you have the right, authority and capacity to enter into an agreement on these terms and to abide by these terms.
Completing our registration process will enable you to access additional functionality of the App. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that Tulerie cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
5. Term and Termination
This Agreement begins on the date you first download the App and continues until terminated in accordance with the provisions hereof. Tulerie may, in its sole discretion, suspend, disable, terminate or delete your account (or any part thereof) and refuse any and all current or future use of all or any portion of the App. If your account is deleted, you may not re-register or use the App under a different name, email address or other credentials. Upon your request, we will deactivate your account and remove your personal information from publicly available sections of the App; to make this request, email admin@Tulerie.com.
Upon termination, all licenses granted by Tulerie will terminate. In the event of account deletion for any reason, content that you submitted may no longer be available. Tulerie shall not be responsible for the loss of such content.
6. Disclaimers and Limitation of Liability
Your use of the App is at your sole risk. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of the App and expressly disclaim any liability for content uploaded by you or by any other user.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE APP . YOU UNDERSTAND THAT TULERIE DOES NOT INQUIRE INTO THE BACKGROUNDS OF ANY OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. TULERIE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. TULERIE RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TULERIE, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY, RELATING TO THE APP AND ITS CONTENT INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. TULERIE DOES NOT WARRANT THAT (A) THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS, (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE CONTENT VIEWED ON THE APP WILL BE ACCURATE, RELIABLE, TRUTHFUL OR COMPLETE, (D) ANY ERRORS IN THE APP WILL BE CORRECTED, (E) THE QUALITY OF ANY PRODUCTS OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS OR (F) THE RETURN OR CONDITION OF ANY GOODS RENTED OR SHARED THROUGH THE APP.
TULERIE DOES NOT WARRANT THE QUALITY OR CONDITION OF ANY GOODS OBTAINED THROUGH THE APP OR THE RETURN OR CONDITION OF ANY GOODS RENTED OR SHARED THROUGH THE APP AND IS NOT RESPONSIBLE FOR ANY INJURIES OR LOSSES SUSTAINED BY USERS AS A RESULT OF GOODS SHARED, BORROWED, RENTED OR OTHERWISE OBTAINED THROUGH THE APP OR THE NEGLIGENCE OR INTENTIONAL TORTS COMMITTED BY USERS OR EVENTS OCCURRING AT MEETINGS OR WHILE TRAVELING TO AND FROM MEETINGS. IN NO EVENT SHALL TULERIE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE APP, INCLUDING WITHOUT LIMITATION, LOSS, IMPAIRMENT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, DAMAGE TO YOUR POSSESSIONS AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE APP OR PERSONS YOU MEET THROUGH THE APP, UNAUTHORIZED ACCESS TO OR ALTERNATIONS OF YOUR TRANSMISSIONS TO THE APP AND ERRORS, MISTAKES OR INACCURACIES OF ANY CONTENT OF THE APP. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE APP, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU SPECIFICALLY ACKNOWLEDGE THAT TULERIE HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY, OR FOR PHYSICAL INJURY, HARM OR DEATH TO YOU OR ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You understand and agree that you download or otherwise obtain material or data through the use of the App at your own discretion and risk and that you will be solely responsible for any damages to your computer system or mobile device or loss of data that results from the download of such material or data.
Tulerie reserves the right to modify the App. You are responsible for providing your own access to the App. Tulerie has no obligation to screen or monitor any content and does not guarantee that any content available on the App complies with this Agreement or is suitable for all users.
To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the App, and no warranties shall apply after such period.
7. Code of Conduct and Content Restrictions
Please use your common sense when posting content via the App and sending content to the App or Tulerie because you are solely responsible for, and bear all liability in relation to, such content. You must behave in a civil and respectful manner at all times. Further, you agree:
• You will not harass or stalk any other person;
• You will not harm or exploit minors;
• You will not act in a deceptive manner by, among other things, impersonating any person;
• You will not post, upload, publish, submit or transmit any content that is fraudulent, misleading or deceptive;
• You will not collect information about others;
• You will not express or imply that any statements you make are endorsed by Tulerie.
• You will not distribute spam, and will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the App or its contents.
• You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
• You will not post content which: contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person; is obscene, pornographic or otherwise may offend human dignity; is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry; incorporates the image or likeness of any individual under 18 years of age; is defamatory
• You will not encourage any illegal activity including, without limitation, theft, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense.
• You will not interfere with or disrupt the App or the servers or networks connected to the App .
• You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
• You agree to treat goods obtained through the App with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the goods due to theft, disappearance, fire, major stains or any other cause, other than normal wear and tear. If you fail to return on time, or return to the owner goods that are damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay the for the price for repairing or replacing the Product, as determined in our discretion. If the Product cannot be repaired or replaced, as determined in our discretion, you will be charged 200% of the Retail Value plus applicable sales tax (plus the Rental Fee) using the payment method you used to pay the Rental Fee or any other payment method included in your account information that you have provided to us.
You may only use other App users’ personal information to the extent that your use of is consistent with the purpose of the App. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Tulerie reserves the right to terminate your account in its sole discretion at any time.
You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information.
We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing email@example.com. You acknowledge that opting out of receiving communications may impact your use of the App.
Tulerie has the right, but not the obligation, to monitor all conduct on and content submitted to the App. Although these Terms of Service require users to provide accurate information, we do not attempt to confirm, and do not confirm, any user’s purported identity. You are responsible for determining the identity and suitability of others you contact via the App.
8. Ownership of Content
By submitting content to the App, you are warranting that you are the exclusive author or owner of that content and you are responsible for ensuring that the materials you upload to the App do not infringe any third party copyright. You grant Tulerie and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your content. In addition, you waive any so-called “moral rights” in your content (including, without limitation, the right to be identified as the author). You further grant all users of the App permission to view your content for their personal, non-commercial purposes. Tulerie shall have the right to use your suggestions on improving or adding new features without any compensation or credit to you. By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Tulerie may use your Feedback without restriction or obligation to you or any third party.
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. We have the right, at our sole discretion, to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the App constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
10. Representations and Warranties
For each piece of content that you submit, you represent and warrant that: (i) you have the right to submit the content to the App and grant the licenses set forth above; (ii) Tulerie will not need to obtain licenses from any third party or pay royalties to any third party; (iii) the content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) the content complies with this Agreement and all applicable laws.
11. Fees & Payments
Access and use of selected features of our App is free. We may charge fees for various features and services that we offer, including transaction fees, and we will notify you of those charges at the time that we offer you the features or services for a fee.
Tulerie charges a 17.9% Service Fee. The amount of the fee is calculated from the price the Lender sets for each item listed for rent. You will see the service fee when you set your price before submitting an item for rent. The Service Fee is automatically deducted from the payout.
Upon your order through the App, you hereby authorize us to charge your payment method for the applicable fees. In addition, at the time of your order, you hereby agree to pay and authorize us to charge your payment method on file an additional amount up to 200% of the retail price of the rented goods set forth on the App in case of a dispute, at our sole discretion. We will generally charge you a fee when the App has facilitated the process of borrowing and lending via the exchange of information, potentially including contact information, and credits. We may, in our sole discretion, and by notifying you on our App, change this policy and begin charging for access to our App and other features and services, and we may, in our sole discretion, add, remove or change the features and services we offer or the fees (including the amount or the type of fees) we charge at any time. If we introduce a new service or charge a new fee, we will notify you of the fees for that service at the launch of the service or start of charging a new fee or before you use the functionality related to the new fee. If we notify you of new fees or change the fees for an existing service, you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable good or service. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms of Service (e.g., overdrawn accounts, exceeding account limits, etc.).
PAYMENTS & REFUNDS. Tulerie typically begins processing payments and/or refunds on the 15th day of every month for rentals that occurred during the previous month. For example, payments and/or refunds processed on April 15th would cover the period from March 1 through March 31. Payments will be made to you by direct deposit. The timing of processing and delivering payments will typically take at least two business days.
COLLECTIONS. If you do not pay the amounts you owe to Tulerie when due, then Tulerie will need to institute collection procedures. You agree to pay Tulerie’s costs of collection, including without limitation reasonable attorneys' fees.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
i. If you cancel thirty (30) or more days in advance of the borrow date, there is no cancellation fee and you will receive a 100% refund of the Rental Fee issued to the payment method you used for the order.
ii. If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the borrow date, you will receive a refund of 50% of the Rental Fee.
iii. If you cancel fourteen (14) or fewer days in advance of the borrow date, you will forfeit 100% of the Rental Fee.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) plus the average daily rental fee will be charged to the payment method you used to pay the Rental Fee or to any other payment method included in your account information that you have provided to Tulerie for each day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 200% of the Retail Value plus applicable sales tax (plus the Rental Fee). If you have not returned a Product within seven (7) days after the return date for the Product, your late return will be considered a non-return and Tulerie will charge your payment method the maximum late fee set forth in this Section, less any late fees that you have already paid, plus applicable sales tax.
11. Receipt & Return of Products
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in New York City by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. A Secured Shipping Address means a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Tulerie does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which Tulerie will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear.
Normal wear and tear may occur and is not covered by the Borrower. We consider normal wear and tear to include stains which can be removed by proper cleaning, minor snags, missing beads, stuck zippers or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion. If the Product cannot be repaired or replaced, as determined in our discretion, you will be charged 200% of the Retail Value plus applicable sales tax (plus the Rental Fee) using the payment method you used to pay the Rental Fee or any other payment method included in your account information that you have provided to us.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to the Lender in the same packaging you received the Products in (including any garment/dust bags or boxes) on or before the return date for the Products that are identified in the online invoice for your order. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing Tulerie with a tracking number. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section. If the Return Packaging is lost or not in adequate condition, the Borrower is responsible for finding adequate substitute packaging. Tulerie is not responsible for any personal or other items left in the Products or which are returned to the Lender. If you believe you have accidentally or otherwise sent any such items, please contact Tulerie as soon as possible at firstname.lastname@example.org. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
RETURNS As a Borrower, if you borrow a Product and it does not fit you or is not as described you may received a refund if you (1) notify the Lender of the return via in App Messenger within 24 hours of receiving the Product and (2) return the Product to the Lender within 24 hours (excluding Sundays and holidays) of the date you received the Product in conformance with the return procedure as defined herein. Once Lender confirms receipt of Product, Tulerie will then issue a refund (see Fees & Payments section) for the full Rental Fee (less applicable taxes, and delivery charges), so long as the Product, in the Lender’s discretion, has not been worn. As a Lender, you agree to accept the return of a rental if the Borrower notifies you of the issue via in App Messenger and ships Product within 24 hours.
13. Reporting Misconduct
If you participate in a conversation via in App Messenger with a user who has acted inappropriately including without limitation a user who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you or (c) engages in other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Tulerie by providing us with your police report number; provided, however, that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you or any other person.
14. Third Party Services
The App may contain links to third party websites or content from third party websites that are not controlled under these Terms of Service. You acknowledge that Tulerie is not liable or responsible for any third party websites or any third party content, information or products made available at third party websites. You acknowledge sole responsibility and assume all risk arising from your use of any such websites or resources. You are responsible for reading the terms and conditions and privacy policies of third party websites that you visit and for complying with those terms and conditions and policies. The parties hereto that any third party suppliers of Tulerie or the third party websites referenced above in this paragraph (collectively, the “Third Party Beneficiaries”) are intended third party beneficiaries of this Agreement. The parties agree that, except with respect to the Third Party Beneficiaries, this Agreement is for the benefit of the Parties hereto and is not intended to confer any rights or benefits on any third party, and that there are no other third party beneficiaries of this Agreement or any part or specific provision of this Agreement. To the extent you access the App through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
15. General Provisions
Tulerie reserves the right to modify, amend or change the Terms of Service at any time (a “Change”). In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes. If you do not accept any Change to the Terms of Service, you should stop using Tulerie immediately. Your continued use of the App, following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms of Service.
If, for any reason, any of the Terms of Service are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms of Service and the remainder of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay by us in exercising any right, power or privilege under the Terms of Service shall operate as a waiver of such right or acceptance of any variation of the Terms of Service and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. Nothing in the Terms of Service shall confer or purport to confer on any other third party any benefit or the right to enforce any term of the Terms of Service, unless otherwise expressly set forth herein. All parties to this Agreement hereby waive their right to a trial by jury, in the event there is any dispute arising out of or relating to the agreement or the transaction.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. You may not assign this Agreement without Tulerie’s prior written consent. Tulerie may transfer or assign this Agreement, in whole or in part, at any time, without your consent.
This Agreement shall be governed by the laws of the State of Delaware, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods shall not apply to this Agreement or the App .
16. Dispute Resolution
You and Tulerie agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the App (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction in the state or federal courts located in New York County, New York, United States of America (and you consent to the jurisdiction of those courts), to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Tulerie are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Tulerie otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules.
If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Tulerie submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Disclaimers and Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative, legal and arbitrator fees will be solely as set forth in the AAA Rules.
Last modified Jan 1, 2018