Terms and Conditions

This Site is maintained and operated by 5th Avenue Style, Inc. (“5th Avenue Style” or “Company”).

By accessing, browsing, or using this Site, you acknowledge that you have read, understood and agreed

to be bound by these Terms of Use (these “Terms”). If you do not agree to these Terms, you should not

use or access this Site. 5th Avenue Style reserves the right to revise these Terms at any time by updating

this posting. You are encouraged to review these Terms each time you use the Site because your use of

the Site after the posting of changes will constitute your acceptance of the changes. By agreeing to

these Terms it also constitutes your agreement to the Privacy Policy, which is incorporated herein.

By accessing or using any part of this site, you accept, without limitation or qualification, these terms. If

you do not agree with all the terms set forth below, you may not use any portion of the site. Price

information found on this site is subject to change without notice. 5th Avenue Style reserves the right to

change these Terms & Conditions of Use at anytime without notice.

We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We

reserve the right, in our sole discretion and without notice to you, to revise the products and services

available on the Site and to change, suspend or discontinue any aspect of the Site, and we will not be

liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site

or restrict your access to part, or all, of the Site without notice or penalty. Your continued use of the Site

will constitute your acceptance of any such changes.

1. Use of the Site

You may use the Site only for your own noncommercial personal use and in compliance with these

Terms. You are responsible for your own communications, including the transmission, uploading, or

posting of information to the Site and are responsible for the consequences of such communications.

Any other use of the Site requires the prior written consent of 5th Avenue Style. You may not otherwise

copy, modify, or distribute the contents of this Site without the express written permission of 5th Avenue

Style. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works

from, or in any way exploit any of the content found on the Site, in whole or in part.

We require all Members to agree not to use the Site, and specifically prohibit any use of the Site, for any

of the following purposes:

• Posting, communicating, or transmitting any material that infringes on any intellectual property,

publicity or privacy right of another person or entity;

• Posting any information which is untrue, inaccurate, or not your own;

• Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise

violate any law or regulation;

• Attempting to interfere in any way with the Site’s or 5th Avenue Style’s network security, or attempting

to use the Site’s service to gain unauthorized access to any other computer system; and

• Using the Site to drop ship merchandise to third parties

You may not use spiders, robots, data mining techniques, or other automated devices or programs to

catalog, download, or otherwise reproduce, store, or distribute content available on the Site. Further,

you may not use any such automated means to manipulate the Site, such as automating what are

otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the

Site or any other user’s use of the Site, including, without limitation, via means of overloading,

“flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication

measures or attempting to exceed the limited authorization and access granted to you under these

Terms. You may not frame portions of the Site within another web site. You may not resell use of, or

access to, the Site to any third party without our prior written consent.

2. Registration and Passwords

In order to access certain services on the Site, you will be required to provide specific information. All

information about you must be truthful, and you may not use any aliases or other means to mask your

true identity. Any access codes or passwords provided should be safeguarded at all times. You are

responsible for the security of your access codes and passwords and will be solely liable for any use or

unauthorized use of the Site under such access codes or passwords. We may suspend or terminate your

access at any time with or without notice. To understand how we use information collected from you,

please read our Privacy Policy.

3. Additional Terms and Conditions

You agree that additional terms and conditions may apply to specific products, orders or your use of

certain portions of the Site, including with respect to ordering, shipping and return policies, and review

guidelines (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If

there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

4. Use of the Site

The Site is available to registered and unregistered users who are 13 years old and older and who have

not been suspended or removed by 5th Avenue Style for any reason (each a “Member”). We reserve the

right to revoke your ability to access the products and services offered on the Site for any reason at any

time including as a result of a violation of these Terms or the Privacy Policy, without notice. If you are a

minor, you must obtain the consent of your parent or legal guardian to use the Site and agree to these

Terms. Use of the Site is void where prohibited by law.

5. Fraud Protection

As part of our order processing procedures, we may screen received orders for fraud or other types of

unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected

fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we

may reject your order or we may contact you at the phone number or email address you provided to

confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain

addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect

our customers as well as ourselves from fraud or other unauthorized or illegal activity.

6. The Subscription Contract Between You And Us

5th Avenue Style offers three subscription types: re-billable monthly subscriptions (“Monthly Subscriptions”);

prepaid annual subscriptions of three months (“Prepaid Subscriptions”); and prepaid gift subscriptions of

three months (“Gift Subscriptions”).

Monthly Subscriptions: By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial

and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.

Your subscription will be automatically extended for successive monthly periods, at the then-current subscription

rate. To cancel your Monthly Subscription, you must email us at info@5avenuestyle.com before last business day of

month to cancel for following month. If you cancel, you may use your subscription until the end of your then-current

subscription term. 5th Avenue Style may submit periodic charges (e.g., monthly) without further authorization from you,

until you provide prior notice that you have terminated this authorization or wish to change your payment method.

Prepaid Subscriptions: By purchasing a Three Month Prepaid Subscription, you acknowledge that your subscription has an

initial pre-payment feature for three months of service. At the end of the period, your subscription will be automatically

extended for another term of three months at the then-current subscription rate. You may cancel your Prepaid Subscription

any time before the renewal date. To cancel your Prepaid Subscription, you must email us at info@5avenuestyle.com

before your renewal date or cancel your subscription on your own, by going to “My Account”, navigating to the subscription

you would like to cancel and hitting ‘Cancel” button to finalize the cancellation.

Gift Subscriptions: For Gift Subscriptions, the subscription will not be renewed after the then-current term expires.

You may only cancel your Gift Subscription during the first month of the subscription. To cancel your Prepaid Gift

Subscription, you must email us at info@5avenuestyle.com before last business day of month to cancel for following month.

The right to revoke your subscription at any time as a result of a violation of these Terms or the Privacy Policy.

Membership is void where prohibited by law.

7. Product Information; Limitation on Quantities

Excluding any content that may be submitted by Members from time to time, we strive to ensure that

the information on the Site is complete and reliable. Certain information may contain pricing errors,

typographical errors, and other errors or inaccuracies, which we may correct without liability. We also

reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an

event or promotion at any time without notice (including after an order has been submitted or

acknowledged). We do not guarantee that all products described on our Site will be available.

8. Proprietary Rights

You acknowledge and agree that the content (other than content that may be submitted by Members),

materials, text, images, videos, graphics, trademarks, logos, button icons, music, software, and other

elements available on the Site are the property of 5th Avenue Style or our licensors and are protected by

copyright, trademark, and/or other proprietary rights and laws. You agree not to sell, license, rent,

distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify, or

create derivative works from any content or materials on the Site. 5th Avenue Style and the 5th Avenue

Style logo are registered trademarks of 5th Avenue Style, Inc. All other trademarks are the property of

their respective owners. All of our Site’s content is Copyright 2014 5th Avenue Style, Inc. All rights

reserved.  Except as expressly set forth in these Terms, no license is granted to you and no rights are

conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved

by 5th Avenue Style.

9. Submitted Content

By submitting or posting any materials or content on the Site, you grant 5th Avenue Style a perpetual,

irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute,

publicly display, modify, create derivative works, and sublicense such materials or any part of such

materials. You hereby represent, warrant, and covenant that any materials you provide do not include

anything (including, but not limited to, text, images, music or video) to which you do not have the full

right to grant 5th Avenue Style the license specified above. You further represent, warrant, and covenant

that any materials you provide will not contain libelous or otherwise unlawful, abusive, or obscene

material. 5th Avenue Style will be entitled to use any content submitted by you without incurring

obligations of confidentiality, attribution or compensation to you.

10. General Disclaimers

You assume all responsibility and risk with respect to your use of the Site. The Site, and all content,

merchandise, and other information on or accessible from or through this site or a linked site are

provided on an ‘as is’ and ‘as available’ basis without warranty of any kind, either express or implied,

including, but not limited to the implied warranties of merchantability, fitness for a particular purpos,

non-infringement, security, or accuracy. Specifically, but without limitation, 5th Avenue Style does not

warrant that: (1) the information on this site is correct, accurate or reliable; (2) The functions contained

on this site will be uninterrupted or error-free; or (3) defects will be corrected, or that this site or the

server which makes it available is free of viruses or other harmful components. 5th Avenue Style makes

no warranties of any kind regarding any non-5th Avenue Style sites to which you may be directed or

hyperlinked from this Site. Hyperlinks are included solely for your convenience, and 5th Avenue Style

makes no representations or warranties with regard to the accuracy, availability, suitability or safety of

information provided in such non-5th Avenue Style sites. 5th Avenue Style does not endorse, warrant or

guarantee any products or services offered or provided by or on behalf of third parties on the Site.

11. Disclaimer – No Professional Advice

Any information provided by us regarding the products or otherwise (e.g. product descriptions or

instructions) is for informational purposes only. You should not take any action based upon any

information contained on the Site. Use of the Site is not meant to serve as a substitute for professional

advice. You should read and strictly follow all product labels, packaging inserts, and instructions and all

manufacturer directions and warnings and seek independent professional advice when appropriate.

12. Taxes

Your total price will include the price of the product plus any applicable sales tax; such state and local

sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the

product. We will charge tax only in states where the goods sold over the internet are taxable.

13. Indemnification

You agree to indemnify, hold harmless, and defend 5th Avenue Style, its parent, subsidiaries, divisions,

and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all

claims, liabilities, damages, costs and expenses of defense, including attorneys’ fees, in any way arising

from or related to your use of the Site, your violation of these Terms or the Privacy Policy, content

posted to the Site by you, or your violation of any law or the rights of a third party.

14. Limitation of Liability

In no event shall 5th Avenue Style, its parent company, subsidiaries, affiliates, or any of their respective

officers, directors, employees, agents, successors, subsidiaries, suppliers, affiliates, or third parties

providing information on this site be liable to any user of the site or any other person or entity for any

direct, indirect, special, incidental, punitive, consequential, or exemplary damages (including, but not

limited to: damages for loss of profits, loss of data, or loss of use) arising out of the use or inability to use

the site, whether based upon warranty, contract, tort, or otherwise, even if 5th Avenue Style has been

advised of or should have known of the possibility of damages or losses. In no event shall the total

liability of 5th Avenue Style, its affiliates or any of their respective officers, directors, employees, agents,

successors, subsidiaries, suppliers, affiliates, or third parties providing information on this site to you for

all damages, losses, and causes of action resulting from your use of this site, whether in contract, tort

(including, but not limited to, negligence) or otherwise, exceed the amount paid to 5th Avenue Style in

connection with the event giving rise to such liability. You hereby acknowledge that the preceding

paragraph shall apply to all content, merchandise and services available through the Site. Because some

states do not allow limitations on implied warranties or the exclusion or limitation of certain damages,

all of the above disclaimers or exclusions may not apply to all users.

15. International Use

We control and operate the Site from the United States. We make no representation that materials on

the Site are appropriate or available for use outside the United States. If you choose to access this Site

from outside the United States, you do so at your own initiative and are responsible for compliance with

local laws, if and to the extent local laws are applicable.

16. Risk of Loss

Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and

risk of loss for such merchandise will pass to you upon our delivery to the carrier.

17. Copyright Infringement; Notice and Take Down Procedures

5th Avenue Style specifically prohibits the posting of any content that violates or infringes the copyright

rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or

entity. If you believe that any material contained on this Site infringes your copyright or other

intellectual property rights, you should notify us of your copyright infringement claim in accordance with

the following procedure. 5th Avenue Style will process notices of alleged infringement that it receives

and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”). The

DMCA requires that notifications of claimed copyright infringement should be sent to the following

address:

5th Avenue Style, Inc.

244 Fifth Avenue, Suite V225
New York, NY 10001

Telephone: 800-672-1771

To be effective, the notification must be in writing and contain the following information (DMCA, 17

U.S.C. §512(c)(3)):

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive

right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted

works at a single online site are covered by a single notification, a representative list of such works at

that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity

and that is to be removed or access to which is to be disabled, and information reasonably sufficient to

permit the service provider to locate the material;

• Information reasonably sufficient to permit the service provider to contact the complaining party, such

as an address, telephone number, and, if available, an electronic mail address at which the complaining

party may be contacted;

• A statement that the complaining party has a good faith belief that use of the material in the manner

complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the

complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly

infringed.

Please contact us with any questions or concerns in connection with these Terms or the Site, or to

provide any notice under these Terms.

18. Severability

If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any

court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of

these Terms, and in such event, such provision shall be changed and interpreted so as to best

accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law

or applicable court decisions.

19. Waiver; Remedies

The failure of 5th Avenue Style to partially or fully exercise any rights or the waiver of 5th Avenue Style of

any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right

by 5th Avenue Style or be deemed a waiver by 5th Avenue Style of any subsequent breach by you of the

same or any other term of these Terms. The rights and remedies of 5th Avenue Style under these Terms

and any other applicable agreement between you and 5th Avenue Style shall be cumulative, and the

exercise of any such right or remedy shall not limit 5th Avenue Style’s right to exercise any other right or

remedy.

20. Return Policy

First box of any one month subscription can be returned for full refund or exchanged within 7 days after

delivery date. Please notify us if you would like to return your box and we will send you a return label.

Items should not be worn and should be returned in the condition they were received. Some boxes may

have varying return policy – see product description for details. We provide no refunds for 3 month subscriptions.

International Orders – no returns, no refunds.

Prepaid and gift subscriptions are non-refundable.

21. Governing Law

The laws of the State of New York shall govern these Terms. You hereby expressly consent to exclusive

jurisdiction and venue in the courts located in New York County, New York, for all matters arising in

connection with these terms and conditions or your access or use of the site.

Questions: Should you have any questions regarding these Terms you may contact us at

info@5AvenueStyle.com

 

 

5th Avenue Style

Effortless Elegance

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