To become a member (“Member”), you must provide your name, email address, other requested information ("Member Information"). We will also ask you for additional information about your size, fit, and style preferences in order to establish your style profile ("Style Profile"). You must be at least 18 years old to be a Member. If we later discover or suspect that a person under 18 years old has requested a Delivery, we reserve the right to take steps to cancel that request.
SHIPMENTS, RETURNS, AND EXCHANGES
Shipments. When you sign up for a Delivery, we will send you some Products chosen by Good Counsel, at its sole discretion. You will be able to try them on to see what you like. You can decide to keep all, some, or none of the Products in the shipment, and we will charge you for the items you keep as described in the Styling Fee and Payment section (below).
Returns. If you want to return any of the Products in your Delivery, simply place them in the box your order arrived in, use the return label we provide and mail them back to us at no cost to you. Any returned products must be postmarked no later than four (4) days after you receive the package (the "Return Date") and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the returned Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Delivery that you do not postmark back to us by the Return Date, and we will charge your Account for those Products any time after the Return Date. Any exceptions permitting a return postmarked later than the Return Date must be requested in a timely manner and may be granted at the sole discretion of Good Counsel. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item.
Exchanges. If you want to exchange any of the Products in your Delivery (e.g., for a different size), you can request an exchange by completing the return form included in your delivery. If an exchange is available for a particular Product, you will be given the choice to exchange. An exchange may not be available in all cases. If you elect to receive an exchange, return the original Product with the prepaid return label by the Return Date. The exchange Product will be sent separately to you. If you fail to return the original Product by the Return Date or if the original Product is damaged or shows signs of wear, Good Counsel may charge you for both the original Product and the exchange
Product. If you receive the exchange Product and wish to return it, you can return it with the pre-paid return label within four (4) days of your receipt of the exchange Product.
Legal Details. Your scheduling of a Delivery is an offer to purchase the Products in the Delivery. We may accept your offer by processing your Styling Fee payment and shipping you the Delivery. For any reason, we may decline to accept your request for a Delivery. If we decline to accept your request for a Delivery, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier.
STYLING FEE AND PAYMENT
When we ship you a Delivery, we will charge you a non-refundable "Styling Fee" in the amount set forth on the Services. The Styling Fee will be charged to your credit card between the time the order is placed and we ship your Delivery. Within four (4) days of receiving your Delivery, we request that you return any Products you don't want. If you choose to keep all Products from your Delivery, the Styling Fee will be credited towards the purchase price of those Products. You may pay for the Styling Fee and for any Products from your Delivery via the credit card you submitted your Style Profile. By submitting your payment information to us, you authorize us to charge your credit card then available in accordance with this policy, including for Products that are returned late or damaged. If you receive a Delivery automatically, you agree to the Styling Fee being charged to the card on file on a recurring basis according to the frequency you selected until you cancel the automatic Deliveries by emailing us at email@example.com stating that you want to stop receiving automatic Deliveries from the email address then currently associated with your account. You must cancel an upcoming Delivery at least fourteen (14) days' before the Delivery is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission to use your credit card; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card.
PRICING AND PRODUCTS
Good Counsel does not disclose the prices of its Products until you receive a Delivery. While Good Counsel makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee that every item in your Delivery will comply with those preferences. You are responsible for paying for all Products in your Delivery, whether they conform to your Style Profile or not, unless you return the Products in accordance with our return policy. You are responsible for the payment of any Styling Fees, and state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. If we don't collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Good Counsel provides certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.
OWNERSHIP OF INTELLECTUAL PROPERTY
You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.
We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
GENERAL RULES OF USER CONDUCT
You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane; (C) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.
RIGHT TO SUSPEND
Good Counsel reserves the right, in its discretion, to suspend your Account, your use of the Services or the sending of Deliveries at any time at our discretion including, as necessary to protect the security or operation of the Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively "Feedback"), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the Services (including Deliveries) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.
THIRD PARTY CONTENT AND OTHER WEBSITES
DISCLAIMER OF WARRANTIES
LIMITATION OF LIABILITY
You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the four (4) months prior to the date of the event giving rise to our liability, or (ii) fifty dollars (U.S. $50.00).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law. Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; Identification of the copyrighted work(s) that you claim to have been infringed; Identification of the material on our Services that you claim is infringing and that you request us to remove; Sufficient information to permit us to locate such material; Your address, telephone number, and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Good Counsel, LLC. 210th Avenue, Suite 702 New York, NY 10001 firstname.lastname@example.org (212) 604-9501
Good Counsel, LLC. 210th Avenue, Suite 702 New York, NY 10001 email@example.com (212) 604-9501