Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEB SITE.
CLOSET COLLECTIVE TERMS & CONDITIONS
Last Updated: February 23, 2016
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH LENDERS (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR PRODUCTS (DEFINED BELOW) AND BORROWERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK PRODUCTS. YOU UNDERSTAND AND AGREE THAT CLOSET COLLECTIVE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LENDERS AND BORROWERS, NOR IS CLOSET COLLECTIVE A RETAILER OR INSURER. CLOSET COLLECTIVE HAS NO CONTROL OVER THE CONDUCT OF LENDERS, BORROWERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY PRODUCTS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
PLEASE READ THESE TERMS AND CONDITIONS AND CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES.
Certain Definitions. Unless the context otherwise requires, as used in this Agreement, the following terms will have the following meanings:
(a) “Booking Confirmation” means the requirement of a Lender to confirm or reject a Borrower’s order
(b) “Borrower” means the renter of the Products listed by the Lender via the Site and Services
(c) “Rent”, “Renting” or “Rental” means the rental or payment for the temporary use of the Products
(d) “Closet Collective Content” means all Content that Closet Collective makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content
(e) “Collective Content” means Member Content and Closet Collective Content
(f) “Content” means text, graphics, images, music, software, audio, video, information or other materials
(g) “Lend” means the act of fulfilling a listing and the associated services
(h) “Lender” means the owner of the Products that creates a Listing via the Site and Services
(i) “Listing” or “Listings” means a Product, or Products, that are presented by a Lender as available for Renting via the Site and Services
(j) “Member” means a person who completes the Closet Collective account registration process, including, but not limited to Borrowers and Lenders
(k) “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or Services
(l) “Product” or “Products” means the clothing or accessories that are listed by a Lender and are made available for Rent
(m) “Shipment Date” means the day a Lender is required to ship out Products to the Borrower
(n) “Subscription”, “Subscriber” means a person who completes the Closet Collective $10 / month Subscription check-out
(o) “White Glove” means the service used by the Borrower to send in Products to be photographed and listed by Closet Collective
General; Rent Not Purchase; Adult Agreement Required.
In order to access certain features of the Site and Services, and to book a Product or create a Listing, You must register to create an account (“Closet Collective Account”) and become a Member. You may register to join the Services directly via the Site as described in this section.
We will create Your Closet Collective Account and Your Closet Collective Account profile page for Your use of the Site and Services based upon the personal information You provide to us You may not have more than one (1) active Closet Collective Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Closet Collective reserves the right to suspend or terminate Your Closet Collective Account and Your access to the Site and Services if You create more than one (1) Closet Collective Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding Your password. You agree that you will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Closet Collective Account, whether or not You have authorized such activities or actions. You will immediately notify Closet Collective of any unauthorized use of Your Closet Collective Account.
As a Member, you may create Product Listings. To this end, You will be asked a variety of questions about the Product to be listed, including, but not limited to, the designer, condition, size, features, availability of the Product, pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to Rent your Product via the Site and Services based upon the information provided in Your Listing. You understand and agree that once a Borrower requests a booking of your Product, the price for such booking may not be altered.
You acknowledge and agree that You are responsible for any and all Listings You post. Accordingly, You represent and warrant that any Listing You post and the booking of a Product in a Listing You post (i) will not breach any agreements You have entered into with any third parties, (ii) that all provided information is accurate and complete and (iii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Product included in a Listing You post (b) not conflict with the rights of third parties. Please note that Closet Collective assumes no responsibility for a Lender’s compliance with any applicable laws, rules and regulations. Closet Collective reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Closet Collective, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that Closet Collective does not act as an insurer or as a contracting agent for you as a Lender. If a Borrower requests a booking of your Product and Rents Your Product, any agreement You enter into with such Borrower is between You and the Borrower and Closet Collective is not a party thereto. Notwithstanding the foregoing, Closet Collective serves as the limited authorized agent of the Lender for the purpose of accepting payments from Borrowers on behalf of the Lender and is responsible for transmitting such payments to the Lender.
Closet Collective recommends that Lenders obtain appropriate insurance for their Products. Please review any insurance policy that You may have for Your Products carefully, and in particular please make sure that You are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not Your insurance policy will cover the actions or inactions of Borrowers (and the individuals the Borrower allows access to the Product, if applicable) while renting Your Product.
Closet Collective is not responsible for any items sent via White Glove and is lost, stolen or damaged in transit. To protect and document your items, you should purchase insurance through USPS and take a picture of the items before shipping them to Closet Collective and send the picture to Closet Collective at email@example.com.
Closet Collective does not endorse any Members or any Products. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity or the accuracy and completeness of the information provided.
By using the Site or Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused You harm and You agree not to attempt to impose liability on, or seek any legal remedy from Closet Collective with respect to such actions or omissions. This limitation shall not apply to any claim by a Lender against Closet Collective regarding the remittance of payments received from a Borrower by Closet Collective on behalf of a Lender, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
To become a Borrower and access the full Site and Services, You must subscribe to Our Subscription and pay a $10 / month “Subscription Fee”. This Subscription Fee is non-refundable but can be cancelled at any time through Your Account page on the Site. The Subscription Fee will be an automatic monthly charge of $10 from the time You sign up for the Subscription until You cancel your Subscription on Your Account page.
The fee to Rent ("Rental Fee") Products will include the rental price as set by Closet Collective and agreed to by the Lender and dry-cleaning charges in connection with the Renting of Products. Closet Collective may its own discretion include shipping fees in the Rental Fee. The Rental Fees and Subscription Fees are collectively referred to in these Terms as the “Total Fees”. A booking of a Product via the Site is an order to Rent that Product, regardless of how far in advance that Product is reserved. Once a request is submitted via the Site, the Lender is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Closet Collective in its sole discretion) or the requested booking will be automatically cancelled. The Borrower’s credit card will be charged the Total Fees at the time of check-out. In accordance with the Terms, if a Borrower requests a return 48 hours after they receive the item and send the return within 24 hours after receiving a return label, the Rental Fee will be refunded. Additionally, at the time of the Rental of a Product, the Borrower hereby authorizes Closet Collective to pre-authorize their credit card for the entire original retail value of that Product set forth on the Site by the Lender ("Retail Value") and to charge the Borrower’s credit card for the Retail Value provided that we will only charge the Retail Value in the circumstances set forth below. Please note that Closet Collective cannot control any fees that may be charged to a Borrower by his or her bank related to Closet Collective’s collection of the Total Fees, and Closet Collective disclaims all liability in this regard.
Closet Collective will initiate payment to the Lender for the agreed to Rental proceeds (described herein) before or within 2 weeks of when the Lender receives the applicable Product back from the Borrower without incident (except to the extent that a refund is due to the Borrower).
Cancelations and Refunds
If, as a Borrower, You cancel Your requested booking before the requested booking is confirmed by a Lender, Closet Collective will cancel any pre-authorization to Your credit card and/or refund any nominal amounts charged to Your credit card in connection with the requested booking, excluding the Subscription Fee, within a commercially reasonable time. If, as a Borrower, You wish to cancel a confirmed booking made via the Site, subsequent to a Lender confirming a booking, cancellations must be requested prior to 48 hours ahead of the Shipment Date. Our ability to refund the Rental Fee and other amounts charged to You will depend on the time at which You request the cancellation and the stated Shipment Date. We will review all cancellations or cancellation requests and in the case of extenuating circumstances, including death in the Borrower's family, serious illness of the Borrower or a Borrower's family member, natural disaster or political unrest we will refund all charges, excluding the Subscription Fee.
If a Lender cancels a confirmed booking made via the Site, (i) Closet Collective will refund or release the hold of all fees for such booking, excluding the Subscription Fee, to the applicable Borrower within a commercially reasonable time of the cancellation and (ii) the Borrower will receive an email or other communication from Closet Collective containing alternative Listings and other related information. If the Borrower requests a booking from one of the alternative Listings and the Lender associated with such alternative Listing confirms the Borrower’s requested booking, then the Borrower agrees to pay Closet Collective the Total Fees relating to the confirmed booking for the Product in the alternative Listing, in accordance with these Terms. If a Lender cancelled a confirmed booking and You, as a Borrower, have not received an email or other communication from Closet Collective, please contact Closet Collective at Contact Us.
If, as a Lender, You cancel a confirmed booking, You may be subject to a cancellation fee if You cancel more than once in a six month period. The cancellation fee is a charge of $50 USD for each canceled reservation after one in a six-month period or $100 USD for each canceled reservation after one in a six-month period that begins in 7 days or less. We will review all cancellations and the cancellation fee may be waived in cases of extenuating circumstances including death in the Lender's family, serious illness of the Lender or a Lender's family member, natural disaster or political unrest.
Appointment of Closet Collective as Payment Agent for Lender
Each Lender hereby appoints Closet Collective as the Lender’s limited agent solely for the purpose of collecting payments made by Borrowers on behalf of the Lender. Each Lender agrees that payment made by a Borrower to Closet Collective shall be considered the same as a payment made directly to the Lender and the Lender will make the Product available to the Borrower in the agreed upon manner as if the Lender has received the Rental Fees. Each Lender agrees that, Closet Collective may, in accordance with the cancellation policy stated above and reflected in the relevant Listing, (i) permit the Borrower to cancel the booking and (ii) refund to the Borrower that portion of the Rental Fees specified in the cancellation policy. In accepting bookings as the limited authorized agent of the Lender, Closet Collective assumes no liability for any acts or omissions of the Lender.
Please note that Closet Collective does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Closet Collective reserves the right, in its sole discretion, to charge You for and collect fees from You for the creation of Listings. Please note that Closet Collective will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Borrowers
The Lenders, not Closet Collective, are solely responsible for honoring any confirmed bookings and making available any Products reserved through the Site and Services. If You, as a Borrower, choose to enter into a transaction with a Lender for the booking of a Product, You agree and understand that You will be required to enter into an agreement with the Lender and You agree to accept any terms, conditions, rules and restrictions associated with such Product imposed by the Lender. You acknowledge and agree that You, and not Closet Collective, will be responsible for performing the obligations of any such agreements, that Closet Collective is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Closet Collective disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Closet Collective is not a party to the agreement between You and the Lender, Closet Collective acts as the Lender’s payment agent for the limited purpose of accepting payments from You on behalf of the Lender. Upon Your payment of amounts to Closet Collective which are due to the Lender, your payment obligation to the Lender for such amounts is extinguished, and Closet Collective is responsible for remitting such amounts, less Closet Collective’s Service Fees, dry-cleaning fees and any shipping fees, to the Lender. In the event that Closet Collective does not remit any such amounts to a Lender, such Lender will have recourse only against Closet Collective.
Listings for Products will specify the Rental Fees. As noted above, the Lender is required to either confirm or reject the booking within 24 hours of when the booking is requested (as determined by Closet Collective in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Lender), any amounts collected by Closet Collective will be refunded to such Borrower, excluding Subscription Fees, and any pre-authorization of such Borrower’s credit card will be released.
In consideration for providing the Services and to cover the cost of running the Site, Closet Collective collects service fees from Lenders and Borrowers (“Service Fees”). Service Fees are deducted from the Rental Fees before remitting payment to the Lender. At the time a Lender creates a Listing for a Product through the DIY or White Glove Service process, Closet Collective will email the Lender the total Rental Fee for each Product and the amount remitted to the Lender as payment for a Rental of each Product (“Rental Proceeds”). The Lender must agree to all Rental Prices and Rental Proceeds before a Product is available to be Rented via the Site. Rental Proceeds will be remitted by Closet Collective to Lenders via Braintree or Square. Except as otherwise provided herein, Service Fees are non-refundable.
You understand and agree that You are solely responsible for determining Your applicable Tax reporting requirements in consultation with Your tax advisors. Closet Collective cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Lender is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Closet Collective may provide 1099-K tax forms at the end of the year in relation to income generated via the Site and Services
Our Commitments to You.
We will facilitate the delivery of the Products ordered by the Borrower from the Lender. After a Lender creates a Listing on the Site, Closet Collective will provide Lenders with branded packaging to be used in all Rentals. Once a Lender confirms a Rental, Closet Collective will email the Lender a pre-paid shipping label to print and attach to the packaging provided. Neither the Lender nor Closet Collective is responsible for shipping issues arising out of incorrect addresses provided by the Borrower or the Borrower failing to be present at the specified shipping address for delivery. Please note that it is the Lender, and not Closet Collective, that is responsible for shipping the Product by the delivery date specified in the Rental request and as such Closet Collective does not guaranty the delivery by a specific date. We will facilitate the transaction by providing shipping labels and packaging as well as send reminders to the Lender to ship out the Product on time. It is thus the Lender and not Closet Collective that has liability to You as the Borrower for failure to deliver the Product as ordered. This liability is limited to a reasonably timely delivery of Product as ordered or a refund of the Rental Fee as determined by us. Despite all steps to provide an accurate image of the Product, Products may appear different in color and style than the photos displayed on our Website.
Return of Unworn Products
While we do try to ensure fit by providing the size and any relevant fit notes in the Product description You may return the Product to us within 48 hours (excluding holidays) of the date you received the Product for any reason through Your Account page on the Site or by contacting us via email at firstname.lastname@example.org . If Closet Collective determines in its sole discretion that the return request was submitted prior to the 48 hour deadline, we will email a return label to You. Returns must be mailed within 24 hours after receiving the return label to qualify for a refund. Returns of unworn Products are sent directly back to the Lender, not Closet Collective. Once the return has been received by the Lender, we will then issue You a refund for the Rental Fee of the Product, so long as the Product, in our sole discretion, has not been worn.
Delivery; Clean and Ready to Wear
All deliveries will be through Closet Collective's shipping partners, which may change from time to time at the Company's discretion. The shipping method used will be at the discretion of Closet Collective. The Lender, and not Closet Collective, is responsible for sending the Products professionally cleaned and delivered ready to wear. We dry clean and inspect each product with the utmost care after all Products are Rented and before they are returned to the Lender, but use of the product is at Your own risk and Closet Collective shall not be held liable for any health-related complaints associated with a product rented from our site.
Lenders are provided branded packaging to ship Products to Borrowers. Lenders are responsible for including return packaging within the original shipment to the Borrower. If a Lender fails to include return packaging, email Closet Collective immediately at email@example.com.
On our Website, we offer various Services to assist You in selecting a Product. Our Services are provided "AS IS" without guarantee as to results.
Your Commitments to Us; Payment of Retail Value
Receipt of the Products
Upon delivery to You or to the location specified at checkout or with Closet Collective, You bear responsibility for the Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, Closet Collective 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 Closet Collective is not to be held liable, but You will be held liable. You will also be liable for the full retail value of the Product, as stated on the Listing, if the Product is lost due to providing an unsecure shipping address.
Use of the Products
You agree to treat the Products with great care, as if it was Your item or 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 encompasses minor stains, minor rips, missing beads, stuck zippers or other minor damage covered by the insurance You paid for with your rental of the applicable Product. If You return a Product that is damaged beyond normal wear and tear, as determined solely by Closet Collective, 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, up to the stated Retail Value for the Product as defined on the Listing. In the event that a Lender claims damage to a Product and provides evidence of such damage, including but not limited to, photographs, You agree to pay the cost of replacing the damaged items with equivalent items, as defined by the Retail Value stated by the Lender on the Listing. After being notified of the claim and given forty eight (48) hours to respond, the payment will be charged to and taken from the credit card on file in Your Closet Collective Account. If we are unable to charge the credit card on file or otherwise collect payment from You, You agree to remit payment for any damage to the Product to Closet Collective. As a Lender, if Your Product is returned to You in a damaged condition that exceeds normal wear and tear, contact us at Contact Us or at firstname.lastname@example.org within 24 hours to file a claim. Send us dated and time stamped pictures of the damage. To help ensure against any counter-claims, Lenders should take dated and time stamped photographs, front and back, of the Product before shipping the item out and email them to us at lenders@ClosetCollective.com.
Quality of the Products
You, as a Lender, agree to only Rent Products that are in good condition and would be items that You would be happy to receive as a Borrower. You agree to send the item in a clean and ready-to-wear condition. You agree to provide accurate descriptions as to the condition of the Product on the Listing and post photographs of any wear and tear to the Product’s Listing. If a Borrower is dissatisfied by the quality of the Product as it was represented by You, they must file a claim supported with photographs of any damage or wear and tear of the Product that was not highlighted in the Products Listing with Closet Collective within 48 hours of receiving the Product. In situations where a claim is filed, the Lender will have twenty-four (24) hours to respond. If You do not respond and it is determined in Closet Collective’s sole discretion that the Product was misrepresented by You on the Listing, You authorize Closet Collective to charge Your credit card on file with the total shipping charges attributable to that order. Any response by You must also include dated and time stamped photographs taken on the shipment date. Closet Collective may also, in our sole discretion, remove them item from the Website or require the description and photographs of the Product to be updated on the Listing. If a Lender is reported by any Borrower for poor quality Products or misrepresented Products and deemed at fault by Closet Collective, in its sole discretion, twice within a 24 month timeframe, Closet Collective may, in its sole discretion, remove the Lender and all Lender Products from the Site. Closet Collective will notify the Lender of a removal via email.
Return of the Products; Extensions
You agree to return the Products to the Lender in the Return Packaging on the date set forth in Your order confirmation as well as return reminder emails. You may request an extension of Your order for a Product via email or the Site; we will do our best to accommodate provided that any extensions are subject to other orders for that Product, to the agreement of the Lender and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. If You lose the Return Packaging provided in the original shipment of the Product from the Lender, You will be responsible for returning the item in comparable packaging. If You do not use comparable packaging, You will be responsible for checking the shipment costs and paying the difference. You will be responsible for any lost packages due to incorrect postage paid on non-comparable return packaging which may include paying the full Retail Value of the Product. If the Lender has failed to include return packaging and You plan to use non-comparable packaging for a return, email email@example.com to receive a pre-paid label for the correct amount. If You return Your Product late or not at all, Closet Collective in its sole discretion, can charge You either, i) a late fee of 5% of the Retail Value for every day that you are late on top of the initial Rental Fee for the first seven (7) days or ii) an additional Rental Fee. At the time Closet Collective deems the item lost by You or stolen by You as defined by a return that is seven (7) or more days late and after at least two (2) emails from Closet Collective notifying You of the delinquency, we will charge the credit card on Your account for the full Retail Value of the Product as defined on the Listing.
Payment of Retail Value
We will not charge You for more than the Retail Value plus the Rental Value and any late fees, in the aggregate, for any charges arising under this Section, excluding collection costs.
If You do not pay the amounts You owe to us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys' fees.
We reserve the right to terminate Your right to Rent Products via the Site at any time in the event of Your breach of this Agreement or for no reason or any other reason in our discretion.
We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing info@ClosetCollective.com or following the links provided at the bottom of those e-mails when available.
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Site, Services and Content. In connection with Your use of our Site and Services, You may not and You agree that you will not:
- violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
- use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
- copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements;
- "stalk" or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Closet Collective Borrower or Lender;
- offer, as a Lender, any Products that You do not yourself own or have permission to rent
- register for more than one Closet Collective Account or register for a Closet Collective Account on behalf of an individual other than yourself;
- contact a Lender directly for any purpose;
- contact a Borrower directly for any purpose;
- when acting as a Borrower or otherwise, recruit or otherwise solicit any Lender or other Member to join third party services or websites that are competitive to Closet Collective, without Closet Collective’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
- use automated scripts to collect information or otherwise interact with the Site or Services
- use the Site and Services to find a Lender or Borrower and then complete a booking of a Product transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to Closet Collective’s provision of the Services;
- as a Lender, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
- or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, or any individual element within the Site or Services, Closet Collective’s name, any Closet Collective trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Closet Collective’s express written consent;
- access, tamper with, or use non-public areas of the Site, Closet Collective’s computer systems, or the technical delivery systems of Closet Collective’s providers;
- attempt to probe, scan, or test the vulnerability of any Closet Collective system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Closet Collective or any of Closet Collective’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Closet Collective will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Closet Collective may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Closet Collective has no obligation to monitor Your access to or use of the Site , Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure Your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Closet Collective reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Closet Collective, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Closet Collective and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
Details on Our Commitment to You.
The limited warranties set forth in this Agreement apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in this Agreement. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in this Agreement.
Your sole and exclusive remedy and Closet Collective's sole and exclusive liability for a breach of Closet Collective's limited warranty shall be, at Closet Collective's option, Closet Collective's use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Total Fee (excluding the Subscription Fee).
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
Limitation of Liability.
No Indirect Damages
IN NO EVENT SHALL CLOSET COLLECTIVE (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF CLOSET COLLECTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Limited Direct Damages
CLOSET COLLECTIVE'S (AND ITS SUPPLIERS' AND LICENSORS') AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
Use of Results at Your Risk
YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
You agree to release, defend, indemnify, and hold Closet Collective and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Site, Services, or Collective Content or Your violation of these Terms; (b) Your Member Content; (c) Your (i) interaction with any Member, (ii) booking of a Product, (iii) creation of a Listing or (iv) the use, condition or rental of a Product by You, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Product.
This Agreement constitutes the entire agreement between You and Closet Collective with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only by Closet Collective. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of laws principles. You shall not assign this Agreement without Closet Collective's prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. This Agreement shall survive this termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Closet Collective shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
You and Closet Collective 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 Services or use of the Site (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 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 Closet Collective are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both You and Closet Collective 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 Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Closet Collective is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Closet Collective of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from Your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Contacting Closet Collective
If you have any questions about these Terms, please contact Closet Collective at firstname.lastname@example.org or at Contact Us.