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Terms of Service


Ari & Elle Terms and Conditions of Use

We are pleased to welcome you to Ari & Elle.  These Terms and Conditions of Use (“Terms of Use”) govern your access to and use of Ari & Elle’s application which is available for download on your mobile device on the App Store and Google Play Store (the “App”).  Ari & Elle is an e-commerce venue that provides a virtual gift concierge to help users of the App identify and purchase appropriate gifts through the App for gift recipients, for all occasions, based on information about the gift recipient provided to Ari & Elle by the user. (the “Services”).  In these Terms of Use, the words “you” and “your” refer to each customer, user, site guest or visitor and “we”, “us” and “our” refer to Ari & Elle, its subsidiaries, successors in interest and assigns.

Please read these terms of use carefully before using this App and make sure you understand them.  These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Ari & Elle and you regarding your use of this App and supersede any prior statements or representations.  This App’s Privacy Policy is incorporated into these Term of Use by reference and is made a part hereof.  [Link to Privacy Policy] You are not authorized to use this App if you do not agree to be legally bound by any or all of these Terms and Conditions.

Consent to Terms and Conditions

By using the App as a guest or by registering for an Ari & Elle account, you agree that you have read and understood the Terms of Use and agree that you will comply with same for as long as you use the App.

Use of this App

Access to, distribution and/or use of this App is subject to all applicable laws and regulations.  To the extent that access to, distribution and/or use of this App would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the App and/or register for any interactive functionality of the App, you are deemed to have confirmed your acceptance to these Terms of Use and the App’s Privacy Policy.  If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this App.

By having accepted these Terms of Use, and/or entering and participating in the activities offered on this App, you affirm, represent and warrant that:  (a) you are 18 years of age or older, and a resident of the United States; (b) all information you submit via the App shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the App shall not otherwise violate any applicable law, rule or regulation.

Changes to the Terms of Use

From time to time, these Terms of Use may change.  Ari & Elle reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on this App and changes will become effective once posted.  Your continued access to or use of the App will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Ownership of the App and Services

This App and the Services provided by Ari & Elle on the App and all intellectual property rights to the same (collectively, “Materials”) are owned or licensed by Ari & Elle.  Ari & Elle hereby grants you permission to use the App as set forth in these Terms of Use but nothing in these Terms shall be construed to confer upon you any license of or under any of Ari & Elle’s intellectual property rights in the Materials.

You acknowledge that you have no ownership rights in the Materials.  You further understand and agree that you will not use any trademarks, trade names, services marks, copyrights or logos of Ari & Elle (collectively, “Ari & Elle intellectual property”) in any manner which creates the impression that such items belong to or are associated with you, or except as otherwise provided and with Ari & Elle’s consent.

Except as otherwise indicated on this App, copying, reproducing, uploading, downloading, transmitting or any other use of this App or of any of the Materials, in whole or part, without the express permission of Ari & Elle, is prohibited.  Any unauthorized access to, use or copying of this App and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Provision of the Services by Ari & Elle

Ari & Elle seeks to provide the best possible experience for its users.  You acknowledge and agree that the form and nature of the Services which Ari & Elle provides may change from time to time without prior notice to you.  As part of this continuing innovation, you acknowledge and agree that Ari & Elle may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally, at Ari & Elle’s sole discretion.  Ari & Elle may disable your account, with no notice to you if, in Ari & Elle’s sole and subjective discretion, you are in violation of any of the Terms of Use.

You acknowledge and agree that if Ari & Elle disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. 

No License

As a guest or upon your registration of a valid account and unless and until cancellation or termination of that account, you have the right to use the software provided to you by Ari & Elle as part of the Services provided to you by Ari & Elle (referred to as the “Software” below).  These Terms of Use do not grant you any right, title or interest in or to the Software, the Services or the other Content on the App.  Unless Ari & Elle has given you specific written permission to do so, you may not sell, transfer, assign or grant a license of your rights to use the Software or Services, grant a security interest in or over your rights to use the Software or Services, or otherwise transfer any part of your rights to use the Software or Services. Collectively, Materials, Software and Content on the App are referred to in the Terms of Use and all other Ari & Elle policy documents, including but not limited to the Privacy Policy, as “Content.”

Setting Up Your Account

You may access our Services as a guest or by registering with us and setting up an account with a username and a password through Facebook or you may access and use the App as a guest (your “Account”).  All information you provide must be truthful. 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 App under such access codes or passwords.  You may connect to our Services directly though the App with your email address or you may register through Facebook.  If you sign up using Facebook, you give us permission to access your information from that service and to store your log-in information for that service.  You must be at least 18 years old to use the Services and to set up an Account.  When you use the Services as either a guest or through your Facebook account, you will be asked to provide your name, a username and an email address and answer our profile questions.  The information you provide to Ari & Elle is subject to our Privacy Policy.  Please see our Privacy Policy [[link here to Privacy Policy]] for information concerning the collection and use of Personal Information from this App.

TERMS OF SALE 

By placing an order for goods or services ("Products") through the App, you authorize the purchase and delivery of those Products from third parties.  We reserve the right to decline orders, refuse partial or full delivery, terminate accounts and/or cancel order at any time and for any reason prior to shipment.

Prices of the Products are not guaranteed. We reserve the right to update prices and available Products at any time without notice.  In the event the correct price of a Product is higher than the price displayed, we reserve the right, at our discretion, to confirm with you the correct price or cancel your order, at your option. Moreover, any confirmation of an order that you receive is subject to correction before shipment in the event of inaccuracies, errors, product unavailability or for any other reason.

All pictures are for illustration purpose only. If you are not satisfied with the product upon receipt, you can return it in accordance with our Return Policy.

Delivery is available within the territory of the United States of America only. Delivery dates chosen during the order process are estimated. Please review delivery details at checkout to confirm your order gets to you by the time you need it. We will not be liable if a Product is unavailable and/or if a delivery is delayed for any reason.

Orders may be canceled by you within 30 days following placing an order. Cancellation of an order applies to the Product order in full and you may not partially cancel an Order. Cancellation is subject to payment of the cancellation fee and return of supplied Products in their original unopened package. 

Please see our Return Policy for information concerning cancellation of orders and return of Products. [[link here to Return Policy]]

Termination or Cancellation of Your Account

You may terminate your Account with Ari & Elle at any time, at your sole discretion, through your Facebook login.  Terminating your Account does not terminate any of your existing obligations; in other words, you will still be responsible for fulfilling any purchase transaction that you entered into prior to terminating your Account.

We may terminate or suspend your Account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services

Use in the United States

This App is intended for use within the United States, and we control and operate the App from the United States.  We make no representation that materials on the App are appropriate or available for use outside the United States.  If you choose to access this App 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.

Links

The App may contain links to other applications, websites and social media features (collectively, “websites”) that are not controlled and/or maintained by Ari & Elle.  Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern such websites.  By providing such links, Ari & Elle shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites.  Ari & Elle is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom.  Copyrights in the materials or information on the linked websites are owned by other organizations.  Moreover, such other websites may have privacy policies or terms of use that differ from those of the App and/or may provide their users with less security than the App.  Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or your equipment. You agree that you will not upload any spyware or malicious software to the App.

You are responsible for maintaining the confidentiality of your password and account information, and you agree that you will restrict access to your mobile device to avoid disclosure of such.  You further agree that you will be responsible for all activity taken under your password and/or account.

You understand and agree that you are solely responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the App and the Services.

User Conduct

In connection with your use of the App and the Services, you may not and you agree that you will not:

Limitation of Liability and Use Disclaimer

Ari & Elle endeavors to make sure that all information and data it originates on the App is accurate.  However, Ari & Elle is not responsible for any damages or loss related to the use of this App. 

THIS APPLICATION, ALL CONTENT AND MATERIAL CONTAINED ON THIS APPLICATION, ALL SERVICES PROVIDED ON THIS APPLICATION AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE APPLICATION AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE APPLICATION OR THE MATERIALS AND CONTENT CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS APPLICATION IS SUBJECT TO AMENDMENT, REVISION OR UPDATING.  ARI & ELLE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THIS APPLICATION WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THE APPLICATION OR SERVICES NOT BEING AVAILABLE AT ALL TIMES.

NEITHER ARI & ELLE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS APPLICATION, SHALL BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS APPLICATION OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

ARI & ELLE MAKES NO GUARANTEES, WARRANTIES, REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE APPLICATION’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS APPLICATION AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF ARI & ELLE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE APP, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE APPLICATION AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE APPLICATION.

Ari & Elle is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you.  In such jurisdictions, Ari & Elle’s liability is limited to the greatest extent allowable under applicable law.

Indemnity

You will indemnify Ari & Elle, and each of its parent, subsidiary and affiliated entities (collectively, “Ari & Elle Affiliates”), furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use;  (ii) your use of the App; and/or (iii) any violation of these Terms of Use.  You agree that your representations and warranties, and your obligation to indemnify Ari & Elle, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Ari & Elle electronically, via email or otherwise, you consent to receive electronic communications from Ari & Elle.  You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Ari & Elle satisfy any legal requirement that such communication be in writing.  Ari & Elle encourages you to retain your own copies of relevant information; however, upon your written request, Ari & Elle will provide you with a copy of the information you provided to Ari & Elle when creating your Account.  To make such a request please contact support@ari-elle.com  

With respect to all communications you make to Ari & Elle directly and/or through the App, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Ari & Elle shall have no obligation to protect your communications from disclosure; (ii) Ari & Elle shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Ari & Elle shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.

Acquisition of Business

In the event that Ari & Elle and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this App, all data collected on this App, and all rights of Ari & Elle and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.  If that occurs, Ari & Elle will post a notice to such effect on this App.

Contact Us

If you have any questions concerning this App or any of the policies set forth in these Terms of Use, please contact us at support@ari-elle.com

Copyright Infringement - Notice and Take-Down Policy  

Ari & Elle values intellectual property and respects the intellectual property rights of others, and will remove materials on its App that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this App, then pursuant to Title 17, United States Code, § 512, you may notify Ari & Elle’s Designated Agent in writing as follows:

Name of Designated Agent: Copyright Administrator Shai Eisenman

Address:              Ari & Elle

                           216 east 63nd Street

                           New Your, NY 10065

Electronic Mail Address: copyright@Ar-Elle.com

In your notice, you must include the following:

  1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;

  2. identification of the copyrighted work(s) that is (are) allegedly being infringed;

  3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Ari & Elle to locate such materials;

  4. contact information (i.e., name, address, email address) sufficient to enable Ari & Elle to contact you;

  5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and

  6. 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 the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software from or related to this App (the “Software”) may be subject to United States export controls or the export controls of other countries from where you access the App. No Software may be downloaded from the App or otherwise exported or re-exported in violation of U.S. or other countries' export laws, as applicable.  Downloading or using the Software is at your sole risk. 

Disputes and Governing Law

Use of this App and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.  No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Ari & Elle of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Ari & Elle’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of you clicking acceptance of these Terms of Use and/or accessing and/or using this App, you agree that (1) any and all disputes and causes of action arising out of or connected with this App shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction.  To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration. 

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the App you waive all rights to claim, punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys' fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this App, and/or the Content and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs. 

Notwithstanding anything to the contrary set forth in these Terms of Use, Ari & Elle may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Ari & Elle, in the event that Ari & Elle believes that there is a violation, or a threatened violation, that has jurisdiction of any of Ari & Elle’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court. 

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