Terms of Service
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Dress for Success, acceptance is expressly limited to these Terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Dress for Success account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
- Your dressforsuccess.org Account and Website. If we create a website for you, you are responsible for maintaining the security of your account and website, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website. You must immediately notify Dress for Success of any unauthorized uses of your website, your account, or any other breaches of security. Dress for Success will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a website, post material to dressforsuccess.org, post links on dressforsuccess.org, or otherwise make (or allow any third party to make) material available (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using dressforsuccess.org, you represent and warrant that your Content and conduct do not violate these Terms. By submitting Content to Dress for Success for inclusion on your website, you grant Dress for Success a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing, and promoting your website. This license allows Dress for Success to make publicly-posted content available to third parties selected by Dress for Success so that these third parties can analyze and distribute (but not publicly display) your content through their services. If you delete Content, Dress for Success will use reasonable efforts to remove it from dressforsuccess.org, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, Dress for Success has the right (though not the obligation) to, in Dress for Success’ sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in Dress for Success’ reasonable opinion, violates any Dress for Success policy or is in any way harmful or objectionable, or (iii) terminate or deny access to and use of dressforsuccess.org to any individual or entity for any reason.
- Web Traffic. We use a third party, Google (“Google Analytics”), to measure dressforsuccess.org’s audience and usage. By using your site on dressforsuccess.org, you agree to assign the traffic relating to your website to Dress for Success. Your website’s traffic will be included under Dress for Success. You understand that your website will not receive credit for traffic in these reports, and you must not assign your website’s traffic to any other party.
2. Responsibility of Visitors.
Dress for Success has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material’s content, use or effects. By operating our Services, Dress for Success does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dress for Success disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dressforsuccess.org links, and that link to dressforsuccess.org. Dress for Success does not have any control over those non-dressforsuccess.org websites, and is not responsible for their contents or their use. By linking to a non-dressforsucces.org website, Dress for Success does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dress for Success disclaims any responsibility for any harm resulting from your use of non-dressforsuccess.org websites and webpages.
4. Third Party Services.
You may enable services, products, software (like themes or plugins), or applications developed by a third party or yourself (“Third Party Services”) on your site.
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by Dress for Success.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
5. Copyright Infringement and DMCA Policy.
As Dress for Success asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dressforsuccess.org violates your copyright, you are encouraged to notify Dress for Success. Dress for Success will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dress for Success will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dress for Success or others.
6. Intellectual Property.
This Agreement does not transfer from Dress for Success to you any Dress for Success or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Dress for Success. Dress for Success, dressforsuccess.org, the dressforsuccess.org logo, and all other trademarks, service marks, graphics and logos used in connection with dressforsuccess.org or our Services, are trademarks or registered trademarks of Dress for Success or Dress for Success’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Dress for Success or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will post said changes on this page. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Dress for Success may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your dressforsuccess.org account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9. Disclaimer of Warranties.
Our Services are provided “as is.” Dress for Success and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Dress for Success nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
10. Jurisdiction and Applicable Law.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of New York, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in New York City, New York.
11. Arbitration Agreement.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in New York City, New York, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
12. Limitation of Liability.
In no event will Dress for Success, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Dress for Success shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty.
14. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Dress for Success reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Dress for Success, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Dress for Success and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dress for Success, or by the posting by Dress for Success of a revised version.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dress for Success may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.