TERMS OF USE

TERMS OF USE

These Terms of Use are entered into by and between you, the user, (“you”) and G Fashion LLC (“G|Fashion,” ”We,” or “Us”) and govern your use of www.gfashion.com and any mobile app we may offer (together, the “Website”).

Before using the Website, please read these Terms of Use carefully. By using the Website, you agree to these Terms of Use and the G|FASHION Privacy Policy, and represent and warrant that you reside in a jurisdiction where your use is legal and that you are of legal age to form a binding contract with G|FASHION. If you do not want to agree to these Terms of Use, you must not access or use the Website.

IMPORTANT NOTICE REGARDING CLAIMS AND AGREEMENT TO ARBITRATE
These Terms of Use contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Website. These are found in the Disclaimer of Warranties, Limitation of Liability and Indemnification and Arbitration Sections below. Please read these terms carefully and make sure that you understand them before using the Website. If you do not agree to such terms, please do not use the Website.

PRODUCT AND PRICE INFORMATION
Product, price and related information on the Web Site is valid only for the dates and at the locations indicated. We strive to ensure that product and price information on the Web Site is up to date and accurate, but we cannot guarantee the accuracy of such information. We will address any inaccuracies as soon as we learn of them. In the rare case of a pricing error, the customer will be notified and charged the correct price. The inclusion of any products or services on the Web Site at a particular time does not guarantee availability, as inventory and product availability can vary.

Product information, packaging, and materials as depicted on the Web Site may vary from actual appearance. For information about a product, please read its actual label and/or product packaging and/or contact us for more information. We make reasonable efforts to accurately display the attributes of products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.

PURCHASES AND RETURNS
All purchases are subject to our terms of sale, shipping, and returns policies, which can be reviewed on our FAQ PAGE / SHIPPING AND RETURNS PAGE.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY
If you choose to create an account, your user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity (other than your immediate family members who registered under your G|CLUBS Member Account, if any). Your account is personal to you and you agree not to provide any other person with access to the Website (other than your immediate family members who registered under your G|CLUBS Member Account, if any). You agree to notify us immediately (but in no event more than twenty-four (24) hours following discovery) of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Please use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We may suspend or disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

G|CLUBS MEMBER SAVINGS
If you have a G|CLUBS Membership, you may be eligible to receive savings exclusive to G|CLUBS Members. In order to activate these benefits, you must provide your G|CLUBS Member ID for our verification.

USER GENERATED CONTENT: OWNERSHIP AND USE
You may use the Website to upload certain documents or other data or content for the purposes of receiving the Services (“User Uploaded Content”). When uploading content, you represent and warrant that you are exclusive owner of the content or have secured the necessary rights or permissions to submit the content. Ownership of the User Uploaded Content shall remain exclusively with by the uploading party or original underlying owner thereof. By uploading any User Uploaded Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, and worldwide license to host, use, reproduce, modify, perform, display, distribute, creative derivative works of, and otherwise disclose to third parties the User Uploaded Content and any data or materials contained therein, in whole or in part, for any business purpose. By uploading User Uploaded Content, you acknowledge and agree that other users may access and view such content for the purpose of utilizing the Website. You understand and acknowledge that you are responsible for any User Uploaded Content you submit or contribute, and you bear full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Uploaded Content posted by you or any other user of the Website.

WEBSITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS
Other than User Generated Content, all Website content, features, and functionality thereon, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by G|FASHION, its affiliated entities, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

No right, title or interest in or to the content of the Website is transferred to you, and all rights not expressly granted are reserved by G|FASHION. Any use of the Website not expressly permitted by this Agreement is a breach hereof and may violate copyright, trademark and other laws.

TRADEMARKS
G|FASHION, the G|FASHION logo, and all related names, logos, product and service names, designs, and slogans on the Website are registered and unregistered trademarks and trade names of G| Fashion or its affiliated entities or licensors. You must not use such marks without the prior written permission of G|FASHION. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

PROHIBITED USES
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.

Impersonate or attempt to impersonate G|FASHION, one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Website.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

Use the Website in any way that is in violation of any contract or agreement between you and G|FASHION.

COPYRIGHT INFRINGEMENT
If you believe that any material contained in the Website infringes your copyright, you should notify us of your copyright infringement claim in accordance with the following procedure. We will process notices of alleged infringement, which it receives and will take appropriate action pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to us at copyright@gfashion,com. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): (i) 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(s) claimed to have been infringed; (iii) identification of the material that is claimed to be infringing and the location of such material on our Site; (iv) information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have 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; (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is provided for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
The Website may not be linked to or framed without authorization. The Website may contain certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Website.

Send e-mails or other communications with certain content, or links to certain content, on the Website.

Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.

We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.

Cause the Website or portions thereof to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.

Link to any part of the Website other than the homepage.

Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS TO THIRD PARTY WEBSITES
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

NON-CONFIDENTIAL COMMUNICATION
The Website may contain generally available means by which users can contact us, such as “Contact Us” forms. Please note that any personal or contact information that you may provide to us through such means will be governed by our Privacy Policy. Although we encourage visitors to contact us through our Website, please do not submit any information that you consider to be confidential or proprietary via such means. For the sake of avoiding any confusion or misunderstanding, please note that all information, ideas, suggestions, improvements or other communications you transmit to us via the Website shall be on a non-confidential basis and shall become the property of G|FASHION. G|FASHION and those it authorizes shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.

SYSTEM UNAVAILABILITY
Part or all of the Website may be periodically unavailable during scheduled maintenance or unscheduled downtime (collectively, “Downtime”). G|FASHION is not liable or responsible for any inconvenience or losses as a result of Downtime.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Website. However, it is possible that information contained or made available on the Website may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Website will be uninterrupted or error free or that the Website or sites to which they may link, will be free from loss, corruption, attack, interference, hacking or other security intrusion. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our sites for any reconstruction of any lost data.

If you notice any errors or omissions in the information contained on the Website, please report them to us for investigation.

YOUR USE OF THE WEBSITE AND THE CONTENT PROVIDED THEREON IS AT YOUR OWN RISK. THE WEBSITE AND THE CONTENT PROVIDED ON THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, ACCURACY OF INFORMATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEBSITE, OR THE CONTENT OR ANY HYPERLINKS PROVIDED THEREON.

Limitation of Liability. G|FASHION AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (THE “G|FASHION PARTIES”) SHALL NOT BE LIABLE FOR DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, OR ANY CONTENT PROVIDED THEREON, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY YOUR RELIANCE ON THE ACCURACY, COMPLETENESS OR TIMELINESS OF INFORMATION PROVIDED ON THE WEBSITE OR YOUR PROVISION OF INFORMATION TO THE WEBSITE, EXCEPT THAT THE FOREGOING SHALL NOT PRECLUDE RECOVERY OF DAMAGES FOR PERSONAL INJURY, LOSS OR DAMAGE TO PERSONAL PROPERTY, OR UNAUTHORIZED USE OR DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION CAUSED BY THE G|FASHION PARTIES’ NEGLIGENCE, GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR OTHER WILLFUL, UNCONSCIONABLE OR INTENTIONAL MISCONDUCT. NOTHING HEREIN SHALL BE CONSTRUED TO LIMIT THE CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER TO RECOVER ATTORNEYS’ FEES OR OTHER REMEDIES AFFORDED BY STATUTE OR OTHER LAW.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless the G|FASHION Parties from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (INCLUDING reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website content in violation of any contract between you and G|FASHION or in any way other than as expressly authorized in these Terms of Use, your violation of the rights of a third party, or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law.

ARBITRATION

THIS SECTION CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ THIS SECTION CAREFULLY. IT PROVIDES THAT ANY CLAIM RELATING THIS AGREEMENT, THE WEBSITE, YOUR ACCOUNT, OR THE SERVICES SHALL BE RESOLVED BY BINDING ARBITRATION. IN ARBITRATION, NEITHER YOU NOR G|FASHION WILL HAVE THE RIGHT TO LITIGATE CLAIMS IN COURT, OR TO HAVE A JURY TRIAL ON THE CLAIMS. CLAIMS MAY BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. PRE-HEARING DISCOVERY RIGHTS AND POST-HEARING APPEAL RIGHTS WILL BE LIMITED, BUT THE ARBITRATOR CAN AWARD DAMAGES AND RELIEF AS PERMITTED UNDER THESE TERMS.

To the fullest extent permitted by law, any dispute, cause of action, claim or controversy arising out of or relating to this Agreement, the Website, your account, the validity and enforcement of this provision, and the determination of the scope or applicability of this Agreement to arbitrate (referred to in this section as a “Dispute”) that can be subject to arbitration, shall be resolved exclusively pursuant to the process and arbitration clause set out in this section. Any Disputes between you and G|FASHION shall be resolved through binding arbitration; except that, if you are a U.S. resident, you may assert claims in small claims court (if such claims qualify).

Any arbitration between you and G|FASHION shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures if you resides in the United States and JAMS’ International Arbitration Rules if you reside outside the United States, to the extent that those rules do not conflict with this provision. You may obtain a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com.

ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. THIS MEANS THAT BOTH YOU AND G|FASHION ARE PROHIBITED FROM JOINING OR CONSOLIDATING CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND G|FASHION AGREE OTHERWISE IN WRITING, AND YOU AND G|FASHION ARE PROHIBITED FROM ARBITRATING ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY ENTERING INTO THESE TERMS, YOU AND G|FASHION ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The arbitration will take place before one arbitrator. The arbitration shall (i) be conducted by telephone, online and/or be solely based on written submissions, with the specific manner chosen by the party initiating the arbitration; and (ii) not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. The arbitrator will be mutually agreed upon by you and G|FASHION. If you and G|FASHION cannot agree on an arbitrator, the arbitrator will be appointed according to JAMS procedures. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION YOU AND G|FASHION BOTH WAIVE ANY RIGHT TO A JURY TRIAL.

You may elect to hire an attorney, but are not required to do so.

The party that initiates the arbitration will pay the filing fee and all other administration, case management and arbitrator fees associated with the arbitration through payment directly to JAMS (unless otherwise dictated by JAMS due to a finding of hardship). At the end of the arbitration, the fees paid by the initiating party may be allocated between you and G|FASHION at the direction of the arbitrator in compliance with JAMS procedures.

In the event of any arbitration or other legal proceeding involving a Dispute, the prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and expenses in addition to any other available remedy.

All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be confirmed and enforced by any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. G|Fashion’s liability is limited as described above, to the fullest extent permitted by applicable law.

If the arbitration provision in this section is found to be unenforceable, or the waiver of class action rights is found to be unenforceable for any reason in a case in which class action allegations have been made, then any disputes, claims or causes of action arising out of or in connection with this Agreement, the Website or the Services will be governed by and construed under the laws of the State of New York; and any disputes, claims or causes of action arising out of or in connection with the Membership Documents or G|FASHION shall be resolved within the competent civil courts residing in the State of New York. Any mandatory consumer protection law remains applicable.

The arbitrator cannot award punitive or exemplary damages, except as may be required by statute, or any pre-award interest; nor may the arbitrator award any incidental, indirect or consequential damages, including damages for lost profits or harm suffered by third parties. Any relief afforded cannot affect other Members. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to terms and conditions of this Agreement, the Membership Documents, and this arbitration provision shall be governed by the U.S. Federal Arbitration Act (9 U.S.C., §§ 1-16) and federal arbitration law.

CHANGES TO THESE TERMS
We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, if we make material changes to this policy, we will notify you by means of a conspicuous notice on our homepage or direct communication to you via email, if possible. Use by you of the Website following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.

GEOGRAPHIC RESTRICTIONS
The owner of the Website is based in the United States. We make no claims that the Website, use of the Website, or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

GOVERNING LAW
Any dispute between the parties, including without limitation all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by these Terms of Use and the laws of the State of New York and applicable United States law, without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that may provide for the application of the law of another jurisdiction. G|FASHION and you further agree that the state or federal courts in the County of Manhattan, New York have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration.

WAIVER AND SEVERABILITY
No waiver by G|FASHION of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of G|FASHION to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT AND CONFLICTING PROVISIONS
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and G|FASHION with respect to your use of the Website.

YOUR COMMENTS AND CONCERNS
If you have comments, questions or requests for technical support, please contact Us at: info@gfashion.com

Last modified: October 15, 2020