1. General Terms and Conditions
Welcome to Boutique Window! Boutique Window (“Boutique Window” or the “website”) is an online and mobile service that allows you to showcase your merchandise quickly, easily and beautifully on the web. Boutique Window is a product of Retail Success, LLC (“Retail Success,” “we,” “our,” or “us”).
Boutique Window Return Policy:
All Boutique Window sales are final and no refunds are granted except in the event of a billing error on the part of Boutique Window or a third party engaged by Boutique Window for the purpose of billing or account management. Boutique Window provides a free 15 day trial during which users may determine whether or not the Boutique Window product meets their specific business needs. Upon the expiration of the trial, the user will be charged for the package selected during the initial sign up. Users may select a month to month package that can be cancelled at any time, or users may commit to a year of service in order to receive a substantial discount. In either case, there are no refunds on amounts paid for the service but there is the ability to cancel the service at the end of the current term (monthly or annual). In order to receive the monthly or annual discounted rates, subscription is set to automatically renew on the monthly or annual plan selected. It is the user’s responsibility to cancel before this agreed upon automatic billing occurs. Cancellation requests after billing will be for the next scheduled automatic billing and NOT in order to receive a refund after most recent billing has occurred. All sales are final and customer agrees to the Terms and Conditions of Boutique Window at the time of accepting the free trial.
Additionally, and without limiting the foregoing, by using or accessing Boutique Window, you represent and warrant that you: (a) are eighteen (18) years of age or older; (b) if using Boutique Window on behalf of a business, have the authority to bind that business and your acceptance of these Terms and Conditions will be treated as an acceptance by that business, (c) are not currently restricted from using Boutique Window, or not otherwise prohibited from having a Boutique Window account, (d) are not a competitor of Boutique Window or are not using Boutique Window for reasons that are in competition with Boutique Window or any other product or service offered by Retail Success; (e) have full power and authority to enter into and perform these Terms and Conditions and the terms, conditions or other policies of Facebook or other social media or similar services, and doing so will not violate any other agreement to which you are a party; (f) will not violate any rights of Retail Success or any other party using Boutique Window, including intellectual property rights such as copyright or trademark rights; and (g) agree to provide at your cost all equipment, software and internet access necessary to use Boutique Window.
You acknowledge that these Terms and Conditions may change or be amended from time to time, and agree to review notices regarding any such changes. If you continue to use Boutique Window, such amended Terms and Conditions shall henceforth govern the terms of our relationship.
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree as follows:
- That you are solely responsible for the activity that occurs on your account, that you will keep your account login and password secure, that you will immediately notify Retail Success of any compromise of your credentials or any unauthorized use of your account of which you become aware, and that Retail Success is not liable for any loss or damage arising from your failure to keep your account login and password secure;
- That the content, materials and other intellectual property contained or embodied in Boutique Window are owned or licensed by Retail Success and are protected by copyright, trademark and other similar laws;
- Not to decompile, reverse engineer, attempt to decompile or reverse engineer, copy or modify the software underlying Boutique Window or any portion thereof in any manner or form including, without limitation, for the purpose of obtaining unauthorized access to the website;
- Not to remove any trademark, copyright or other proprietary notations, designation or notice from Boutique Window;
- Not to use copyrighted, trademarked or other protected intellectual property without the written consent and authorization of the owner of such property;
Not to transmit, send or otherwise post unauthorized commercial communications (such as spam) using Boutique Window;
- Not to collect personal information, content or other information related to users of Boutique Window, Facebook or other social media or similar services;
Not to access Boutique Window using any automated means, including, without limitation, harvesting bots, robots, spiders or scrapers;
- Not to upload, use or disseminate viruses, corrupted files or other malicious code or other abusive scripts or processes that may damage or adversely affect the operation of another person’s computer, Boutique Window, any software or hardware or telecommunications equipment;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, defame, abuse, stalk, threaten or harass any person;
Not to post content that is hateful, threatening, or pornographic, incites violence, or contains nudity, graphic material, gratuitous violence or anything else found to be objectionable by Retail Successin its sole discretion;
- Not to disseminate any materials or advertisements or develop or operate any application containing tobacco, alcohol or other content the appropriateness of which depends on the age of the viewer or recipient, without sufficient restrictions, the sufficiency of which may be determined by Retail Success in its sole discretion;
- Not to choose a user name that is, as determined by Retail Success in its sole discretion, obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn;
- Not to use Boutique Window in any manner that is, or could reasonably be construed to be, unlawful, fraudulent, misleading, inaccurate, malicious or discriminatory;
- Not to engage in, facilitate or encourage any violations of these Terms and Conditions, and terms, conditions or other policies of Retail Success or any terms, conditions or other policies of Facebook and other social media or similar services, as each may be amended or supplemented from time to time without notice;
- Not to take any action that could disable, overburden, or impair the operation or availability of Boutique Window, such as a denial of service attack;
- Not to dispute, charge back or otherwise contest any fee charged by Boutique Window for any reason, given such charge or fee is in keeping with the original agreement and is consistent with these Terms and Conditions and the Return Policy stated herein; and,
- Not to take any other action that could result in any damage or disruption to Boutique Window, or that could otherwise result in any liability, damages, costs or expenses on the part of Retail Success; and
- Not to take any other actions deemed by Retail Success to be against the interests of Boutique Window or its users.
Retail Success reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Boutique Window and all related items, including any and all copies made of the Boutique Window website.
3. Copyright and Content Ownership
Retail Success acknowledges that it has no intellectual property ownership rights (including, without limitation, patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, trade secret rights and all other intellectual property and proprietary rights as may now exist or hereafter come into existence) other than the license granted by our Terms and Conditions, agreements with our users or as otherwise specifically agreed to by the relevant parties in any User Content. Any such User Content remains the property of such Boutique Window user. However, by allowing your online content to be viewed publicly, including any content developed using Boutique Window, you acknowledge and agree that such public content may be freely viewed and shared. You further acknowledge and agree that Retail Success is not, in any manner, responsible for the security or protection of any intellectual property or similar content uploaded to Boutique Window, the enforcement of any intellectual property or similar rights with respect to such content, and that Retail Success shall not be liable for any claims, damages, liabilities or other costs or expenses related thereto.
Retail Success does not pre-screen or regularly screen or review any content uploaded to or used in connection with Boutique Window, but reserves the right at any time and in its sole discretion, to screen and review any content uploaded to or used in connection with Boutique Window, and to remove any content found to violate these Terms and Conditions.
You grant us the right to use, display, reproduce, modify (e.g., re-format), re-arrange, and distribute your User Content on Boutique Window for the purposes of operating the website and providing other service(s) to you and to our other users. Nothing in these Terms shall restrict Retail Success’s rights to User Content under separate licenses.
4. Violation; Termination of Account
Retail Success reserves the right to investigate violations of any of these Terms and Conditions or any other policies of Retail Success or Boutique Window, or any other violations of any federal, state or local law, rule or regulation, and to pursue any remedy available to Retail Success whether at law, in equity or otherwise. You hereby acknowledge and agree that Retail Success may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms and Conditions or any other policies of Retail Success or Boutique Window, and any other violations of any federal, state or local laws, rules or regulations. You further acknowledge and agree that Retail Successhas no obligation to, and does not, screen or monitor any users, information, materials or other content provided or made available through Boutique Window, but has the right to do so at any time in its sole discretion.
You further acknowledge and agree that Retail Success may at any time, in its sole discretion, remove or delete any entries, information, materials or other content, and terminate the account of any user who violates these Terms and Conditions or otherwise posts, submits or disseminates content that Retail Success finds, in its sole discretion, to be objectionable.
You acknowledge and agree that Retail Success may, in its sole discretion, cancel, suspend or terminate your account if you breach these Terms and Conditions. Retail Success may refuse, in its sole discretion, to permit any use of Boutique Window, and may at any time refuse to permit any person to use Boutique Window for any reason or no reason.
Upon termination of your account, you continue to be bound by these Terms & Conditions.
5. Modifications to Boutique Window
Retail Success reserves the right to, and you acknowledge and agree that Retail Success may, modify Boutique Window, including without limitation the services offered thereby, and the fees, costs and pricing associated with Boutique Window at any time by providing notice through the Boutique Window website or by other means. Without limiting the generality of the foregoing, Retail Success reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Boutique Window (or any part thereof) without notice. Any new features that augment or enhance the then-current version of Boutique Window, including the release of new tools and resources, shall be subject to these Terms and Conditions and may result, in Retail Success’s sole discretion, to a price increase. Retail Success shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of Boutique Window. Any change in these Terms and Conditions or pricing will take effect in the billing cycle following notice posted on the website. If you do not consent to such change, you may cancel your account.
Without limiting the foregoing, Retail Success may use banner notices or similar devices to alert you to certain modifications to Boutique Window or the pricing associated therewith. Alternatively, notice may consist of an email from Retail Success or Boutique Window to an email address associated with your account, even if we have other contact information. You also agree that Retail Success may communicate with you through any available means including email, mobile number, telephone, or delivery services, including the postal service, about your Boutique Window account or services associated with Boutique Window. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about Boutique Window or pricing.
6. Use of Boutique Window on Facebook and Other Social Media or Similar Services
In addition to these Terms and Conditions and any other policies and requirements of Retail Success, you must abide by all of the rules, regulations and other policies of Facebook, Twitter and other social media or similar services that Boutique Window may integrate with, including without limitation the Facebook Statement of Rights and Responsibilities and the Twitter Terms of Service, as applicable. Should you fail to adhere to such policies, and without limiting any rights of Retail Success or any of your obligations hereunder, Retail Success reserves the right to terminate your use of Boutique Window. Even though Boutique Window is not in any manner affiliated with Facebook, Twitter or any other social media or similar service, Retail Success does not condone or support any violation of Facebook or Twitter policies or the policies of any other social media or similar service.
7. Disclaimer of Warranties
DISCLAIMERS OF WARRANTIES: RETAIL SUCCESS DOES NOT WARRANT THAT THE WEBSITE OR OTHER SERVICES WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE WEBSITE OR OTHER SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, RETAIL SUCCESS IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND OTHER SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. RETAIL SUCCESS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. RETAIL SUCCESS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR OTHER SERVICES.
DISCLAIMER OF CONSEQUENTIAL DAMAGES: EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER RETAIL SUCCESS NOR, AS APPLICABLE, ITS LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES, ARISING FROM THE USE OF THE WEBSITE AND OTHER SERVICES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REMEDY: IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING THE SERVICES.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Retail Success makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of the website and the provisions of these Terms and Conditions.
8. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER RETAIL SUCCESS NOR, AS APPLICABLE, ITS LICENSORS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE TO ANY USER FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL AND/OR INCIDENTAL, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT RETAIL SUCCESS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR RELATING TO YOUR CONDUCT OR THE CONDUCT OF ANYONE ELSE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.
Retail Success makes no representation of any kind with respect to the applicability and enforceability of laws or policies of countries other than the United States over the content of the website and the provisions of these Terms and Conditions.
Each user shall, and hereby agrees to, indemnify and hold harmless, Retail Success, and its officers, directors, shareholders, licensors, employees, other representatives, agents, subsidiaries and affiliates, from any and all third-party claims, losses, damages, liabilities and any other costs and expenses (including attorneys’ fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using Boutique Window that the user does not have the right to submit or post using Boutique Window, or (iii) use of, access to or other activity engaged in, on or through Boutique Window that is otherwise in violation of law or any agreement to which the user is a party.
10. Revisions and Errata
Boutique Window could include technical, typographical, or photographic errors. Retail Success does not warrant that any of the materials on Boutique Window are accurate, complete, or current. Retail Successmay make changes to Boutique Window at any time without notice. Retail Success does not, however, make any commitment to update Boutique Window.
12. Return Policy
You understand and agree to the terms of this Return Policy. All Boutique Window sales are final and no refunds are granted except in the event of a billing error on the part of Boutique Window or a third party engaged by Boutique Window for the purpose of billing or account management. Boutique Window provides a free 15 day trial during which users may determine whether or not the Boutique Window product meets their specific business needs. Upon the expiration of the trial, the user will be charged for the package selected during the initial sign up. Users may select a month to month package that can be cancelled at any time, or users may commit to a year of service in order to receive a substantial discount. In either case, there are no refunds on amounts paid for the service but there is the ability to cancel the service at the end of the current term (monthly of annual).
The website may contain links to third party websites that are not owned or controlled by Retail Success. Retail Success has not reviewed all of the sites linked to Boutique Window and has no control over, and does not assume responsibility for, the content, privacy policies, or practices of any such linked website. The inclusion of any link does not imply endorsement by Retail Success of the site or application. Use of any such linked website is at the user’s own risk.
Retail Success reserves the right to revise these Terms and Conditions at any time by posting notice to the Boutique Window website or otherwise notifying the user in a manner consistent with those set forth in Section 7. By using Boutique Window, you are agreeing to be bound by the then current version of these Terms and Conditions for all activity that you engage in through Boutique Window after the revision to such policy.
15. Dispute Resolution
These Terms and Conditions shall be interpreted, construed and governed by the laws of the State of Kansas, USA, without reference to its laws relating to conflicts of law. Venue for all disputes arising under these Terms and Conditions shall lie exclusively in the District Courts of the State of Kansas in Johnson County or the Federal District Court of the District of Kansas (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Retail Success shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief.
16. Other Miscellaneous Terms
Should any clause of these Terms and Conditions be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. You agree that these Terms and Conditions constitute the entire, complete and exclusive agreement between you and us regarding the subscription services of Boutique Window. No waiver of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Retail Success’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.