TERMS OF USE

Welcome to dressfotheweather.com (the "Website"). By visiting and/or accessing this Website, you agree to abide by these terms of use (the "Terms of Use"). If you do not agree with these Terms of Use, you are not authorized by Dress for the Weather("us") to access and/or use any portion of the Website. These Terms of Use shall remain in full force and effect while you use or access the Website. We may, in our sole discretion, modify or revise these Terms of Use at any time, and by continuing to use the Website after any such modifications or revisions are made, you hereby agree to be bound by such modifications or revisions and any notices that are in effect at the time of your use of the Website. Although we may attempt to notify you when material changes are made to these Terms of Use, it is your responsibility to periodically review the most up-to-date version located at dressfortheweather.com/terms-of-use

1. Acceptable Use of the Website

This Website is not intended for minors under the age of 18. If you are 18 years old or younger, you are not authorized to register or submit any information to this Website. By accessing and using the Website, you represent and warrant that you are 18 years of age or older; and your use of the Website does not violate any applicable law or regulation. The Website and all Content contained herein are provided for your personal, non-commercial use. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download, store or otherwise reproduce, store or distribute any Content made available on the Website. You may not take any action to interfere with the regular functioning of the Website or any other user's use of the Website. Except as otherwise permitted herein, you may not download, use, copy, license, or otherwise exploit any Content in any manner or for any purpose without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes and you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright laws or regulations. Some examples of unauthorized or illegal use of this Website include, but are not limited to: collecting usernames and/or email addresses of other users for the purpose of sending unsolicited email; interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website; using the account, username, or password of another user at any time or disclosing your password to any third party or permitting any unrelated third party to access your account; using the Website in a manner inconsistent with any and all applicable laws and regulations; and using any of our trademarks, names, logos or other intellectual property properties without advance written authorization from us. We reserve the right to suspend or terminate your access to the Website, without notice or explanation, for any reason, at any time.

2. Your Privacy

The privacy of the personal information you provide to us is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy located at dressfortheweather.com/privacy-policy.

3. Links to Third Party Sites

The appearance on the Website of external hyperlinks to third party sites, in any form, does not constitute endorsement by us or any of our subsidiaries and affiliates, of the opinions or views expressed by any such third party websites and we do not take responsibility for the accuracy, currency, completeness or quality of the content contained at such sites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any content, errors or omissions, or for the results obtained from the use of any information contained in those third party sites.When you sign up to become a member of the Website ("Member"), you will be asked to choose a password to access and safeguard your Website account. You are responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You can cancel your membership at any time by selecting to close the account in the my account section. We may terminate your account at any time in our sole discretion. If you have any questions about canceling your account, you can contact us at help@dressfortheweather.com

By signing up to become a Member of this Website, you hereby agree to the receipt of electronic communications, including but not limited to, newsletters and promotional offers, sent by Dress for the Weather to the e-mail address you provided. You can elect not to receive electronic communications by clicking on the My Account tab on the Website.

4. Limitation of Liability; Indemnification

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE OR VIOLATE THE RIGHTS OF THIRD PARTIES.

We are not responsible or liable for any infections or viruses delivered to your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the Content contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER WE OR OUR AFFILIATES, NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY.

If any part of these disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the amount paid by you, if any, for accessing this Website. You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from, or related to, (i) any breach by you of these Terms of Use (ii) your use of Content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.

5. Procedure for Making Copyright Infringement Claims

We respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website.

If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) 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; (iii) 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 us to locate the material; (iv) Information reasonably sufficient to permit us 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; (v) 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 (vi) 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. All DMCA notices should be sent to our designated agent as follows: Attention: Designated DMC Agent help@dressfortheweather.com

6. Governing Law; Claims

The laws of the State of New York (without regard to its conflicts of law rules) shall govern these Terms of Use. You hereby expressly consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, for all matters arising in connection with these terms of use and/or your access or use of the Website. Any claims asserted by you in connection with the Website must be asserted in writing to us within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

7. Waiver; Remedies

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

8. Miscellaneous

These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 8. If any part of these Terms of Use 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 of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.

These Terms of Use (and any other policies referenced herein) constitute the entire agreement between you and us with respect to the Website and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website.

9. Contact Us

Please contact us at help@dressfortheweather.com with any questions regarding these Terms of Use.

10. Notice

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

11. Affiliates

From time to time, Dress for the Weather may participate in affiliate programs whereby companies sell apparel, jewelry, and other products through links provided on Dress for the Weather. In return Dress for the Weather is paid a varying percentage of the total purchase originating from dressfortheweather.com. Dress for the Weather is committed to editorial integrity and honesty and by no means does its affiliate programs affect what we choose to cover, or what we say in our editorial coverage.

These Terms of Use are effective and were last updated on May 1, 2011.

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