These Terms and Conditions (“Terms,” “Terms and Conditions”) govern your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by Anthony Richards® Clothing, Dresses, House Dresses, Nightgowns (“Anthony Richards®,” “we,” “us,” or “our”).
Please read these Terms and Conditions carefully before using our Services. By accessing or using any part of the Services, you agree to become bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, you may not access or use the Services.
1. Use of Services
a. Eligibility: You must be at least 18 years old to use the Services. By agreeing to these Terms and Conditions, you represent and warrant that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from use of the Services; and (iii) your registration and use of the Services is in compliance with all applicable laws and regulations.
b. Account Creation: In order to use certain features or functions of the Services, you may be required to register for an account. When you create an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
c. Use Restrictions: You agree not to:
- Use the Services for any illegal purpose or in violation of any local, state, national, or international law;
- Violate or encourage others to violate our rights or the rights of third parties;
- Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
- Interfere in any way with security-related features of the Services;
- Interfere with the proper functioning of the Services, such as by spamming, hacking, or overloading our systems;
- Circumvent, disable or otherwise interfere with security-related features of the Services;
- Engage in unauthorized framing of or linking to the Services;
- Use robot, spider, scraper, or other automated means to access the Services;
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Gain or attempt to gain unauthorized access to the Services or related systems/networks; or
- Otherwise attempt to interfere with the proper functioning of the Services.
2. Intellectual Property
The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “Anthony Richards® Content”), and all intellectual property rights related thereto, are the exclusive property of Anthony Richards® and its licensors.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license for you to use the Anthony Richards® Content, and you agree not to display, reproduce, distribute, modify, create derivative works of, publicly perform, publicly display, republish, download, store, or transmit any of the Anthony Richards® Content.
Subject to your compliance with these Terms and Conditions, Anthony Richards® grants you a limited, personal, non-exclusive, non-transferable, and revocable license to access and use the Services. Any use of the Services or the Anthony Richards® Content other than as specifically authorized herein is strictly prohibited.
3. Product Information
We make reasonable efforts to provide current, accurate, and clear information about the products available on the Services. However, product images, sizes, dimensions, and specifications displayed on the Services are for illustrative purposes only and actual products may differ slightly. While we make reasonable efforts to display accurate product colors, actual colors may vary due to differences in individual monitors and device settings. Information provided on the Services regarding products, pricing, and availability are subject to change without notice. Weight, dimensions, capacities, performance ratings, descriptions, and other measurements on the Services are provided for reference purposes only.
4. Purchasing Products & Services
a. Prices: All prices posted on the Services are subject to change without notice. Price changes will not affect orders that you have already placed with us. Posted prices do not include any applicable taxes or charges that may be applied to your order.
b. Order Procedures: To place an order, you must follow the procedures and use the forms provided on the Services. You agree to provide current, complete, and accurate purchase and account information for all orders. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to pricing errors, unavailability of product, or issues identified by our credit and fraud avoidance teams.
c. Shipping & Delivery: When you place an order, you will be provided with an estimated date or timeframe for delivery. We make reasonable efforts to meet estimated delivery dates but do not guarantee them. Delays can occur due to reasons such as incomplete order information, credit issues, and availability delays.
d. Risk of Loss: All items purchased from Anthony Richards® are made pursuant to a shipment contract. The risk of loss and title for ordered products pass to you upon delivery.
e. Returns & Exchanges: Items returned/exchanged within 30 days of delivery may be eligible for a full refund or exchange, minus any applicable re-stocking fees. Please review our full Return Policy to determine eligibility.
5. User Content
a. User Content Definition: “User Content” refers to all content submitted by you to be made available through your use of the Services. User Content includes content like images, photos, audio, video, location data, reviews and comments, other materials, and any combinations of the foregoing.
b. Ownership: You retain ownership of your User Content. However, by submitting User Content via the Services, you grant us an irrevocable, worldwide, perpetual, unrestricted, non-exclusive, transferable, sublicensable, royalty-free license to use, copy, modify, create derivative works from, distribute, publicly display, publicly perform, and publish the User Content in connection with our operation of the Services and our (and our successors’ and assigns’) business, including to promote and redistribute services and content.
c. Prohibition Against Unlawful Content: You agree not to post User Content that violates any law or regulation or violates or infringes any third party rights, including: copyright, trademark, privacy, publicity or other personal or proprietary rights; contains libelous, defamatory or otherwise unlawful material; or contains any information, software or other material of a commercial nature. You further agree not to intentionally omit, delete, forge or misrepresent transmission information or other identification symbols from User Content you submit.
d. No Compensation: You agree that you are not entitled to any compensation or other payment for your User Content or for granting us the license described above.
e. Removal of Content: Anthony Richards® reserves the right to remove or disable access to User Content from the Services for any reason in our sole discretion, such as User Content that violates these Terms and Conditions. We take no responsibility for monitoring User Content for appropriateness, accuracy, validity, copyright compliance, legality or decency. We nonetheless reserve the right to monitor User Content and to exercise editorial control over the Services.
6. Reviews & Ratings
If you submit a product review, rating, or other submission (“Review”) to the Services, you grant us permission allow third parties to use that Review and your name and state/province of residence in connection with displaying your Review. You acknowledge sole responsibility for Review content, warrant its accuracy and truthfulness, and certify that it represents your genuine opinion or experience. Reviews are not statements of fact and do not represent the opinions of Anthony Richards®.
7. Communications
By providing us your contact information or signing up for an Anthony Richards® account, you agree to receive marketing and informational messages from us. You can opt out of receiving promotional communications at any time by clicking unsubscribe from the applicable email or changing your account settings. Please note you will continue receiving transaction-related messages regarding orders you place on the Services.
8. Third-Party Links & Content
The Services may contain links to third-party websites and services. Such third-party links and content are provided solely as a convenience. We do not endorse, warrant, or guarantee the products, services, or information described on third-party sites and cannot be responsible for their availability, services, or content. You access third-party sites at your own risk.
9. Termination
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services. We are not responsible for any loss or harm related to your inability to access or use the Services.
10. Indemnification
You agree to indemnify, defend, and hold Anthony Richards® and our partners, agents, officers, directors, employees, subcontractors, successors, and assigns harmless from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) that arise out of or relate to: (i) your breach of any provision of these Terms and Conditions; (ii) your misuse of the Services; or (iii) your violation of applicable laws or third party rights. Anthony Richards® reserves the right to assume exclusive control over defense of any such damage or claim.
11. Disclaimers
a. “AS IS” Services: THE SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANTHONY RICHARDS® DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
b. No Liability for Conduct of Third Parties or Content: ANTHONY RICHARDS® DOES NOT CONTROL AND IS NOT LIABLE FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS AND OPERATORS OF EXTERNAL SITES. ANTHONY RICHARDS® DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF CONTENT PROVIDED BY THIRD PARTIES, AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
c. Links: ANTHONY RICHARDS® IS NOT RESPONSIBLE FOR EXTERNAL SITES OR THE CONTENT, PRODUCTS AND SERVICES PROVIDED BY SUCH SITES. THE INCLUSION OF ANY LINK DOES NOT IMPLY ANTHONY RICHARDS® ENDORSEMENT OF THE LINKED SITE. YOU AGREE THAT YOU ACCESS THIRD PARTY WEBSITES AT YOUR OWN RISK.
12. Limitations on Liability
UNDER NO CIRCUMSTANCES SHALL ANTHONY RICHARDS® BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES OR ANY CONTENT AVAILABLE THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ANTHONY RICHARDS® LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THE TOTAL CUMULATIVE LIABILITY OF ANTHONY RICHARDS® TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL CUMULATIVE COMPENSATION PAID BY YOU TO ANTHONY RICHARDS® OVER THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) $100.
13. Dispute Resolution
a. Informal Negotiations: You and Anthony Richards® agree to first attempt to resolve any dispute informally and in good faith prior to initiating arbitration or court proceedings. Such negotiations shall be initiated by written notice sent by U.S. Mail to Anthony Richards® listing your concerns and desired resolution.
b. Binding Arbitration: If we cannot resolve a dispute within 60 days of receipt of the notice to negotiate described above, either party may initiate binding arbitration administered by JAMS under its Streamlined Arbitration Rules & Procedures. For claims under $250,000, the JAMS Comprehensive Arbitration Rules shall apply. The arbitration shall take place before a single neutral arbitrator in Beverly Hills, California. The decision of the arbitrator shall be final and binding on all parties. Arbitration shall proceed solely on an individual basis; class arbitrations and class actions are not permitted.
c. Court Action in Limited Cases: Either party may initiate an action in state or federal courts located in Los Angeles County, California for matters related to intellectual property rights, temporary or preliminary injunctive relief, or enforcement of an arbitration decision.
d. Governing Law: These Terms shall be governed by the laws of the State of California without regard to conflict of law principles. The applicability of the U.N. Convention on Contracts for the International Sale of Goods is expressly disclaimed.
14. General Provisions
a. Electronic Communications: When you visit the Services or send emails or other communications to us electronically, you are communicating with us electronically and consent to receive communications from us electronically. We may communicate with you via email, text, in-app notifications, and by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications we send to you electronically satisfy legal requirements as if they were in writing.
b. Modification: We reserve the right to modify these Terms and Conditions from time to time and without notice. Please check back periodically to keep up to date on any changes. Your continued access or use of any portion of the Services constitutes your acceptance of such changes. The revised Terms and Conditions will be effective at the time of posting. If you do not agree with any modified Terms and Conditions, you must discontinue your use of the Services.
c. Assignment: Anthony Richards® may assign its rights and obligations under these Terms and Conditions to any party at any time without notice. You may not assign these Terms without prior written consent from Anthony Richards®.
d. No Waiver: Any failure by Anthony Richards® to exercise its rights or enforce these Terms shall not constitute a waiver of those rights or terms. If any provision of these Terms is found to be invalid, the remaining provisions shall still be enforced.
e. Entire Agreement & Contact Info: These Terms and Conditions constitute the entire agreement between you and Anthony Richards® with respect to your access and use of the Services. If you have any questions about these Terms and Conditions, please contact us at:
Anthony Richards® Clothing
123 Main Street
Beverly Hills, CA 90210
Email: [email protected]
Phone: (800) 123-4567
Thank you for being a valued Anthony Richards® customer!
