General Terms and Conditions of Use
Your use of Web sites, Prom'd and other mobile applications, content and services (collectively, the "Service") made available by David's Bridal, Inc., a Florida corporation, DBD Inc., a Delaware corporation, David's Bridal Canada Inc, a Canadian national corporation, and their respective divisions, subsidiaries and affiliates (collectively, "David's Bridal", "we", "us", or "our") is subject to the terms of a legal contract between you and David's Bridal. These General Terms and Conditions of Use ("General Terms") explain how the legal contract between you and David's Bridal is made and sets out the terms of that contract.
1. Agreement to Terms.
Unless we agree otherwise in writing, your contract with us always includes the General Terms. To the extent any area within the Service contains specific terms and conditions concerning its use ("Specific Terms"), your contract with David's Bridal will also include those Specific Terms. To the extent there is a direct conflict between the General Terms and the Specific Terms, the Specific Terms shall prevail. Together, the General Terms and Specific Terms, if any (collectively, the "Terms"), form the legal and binding contract between you and David's Bridal. Because the Terms are a legally binding contract, you should carefully read them before accessing or using the Service.
You may not use the Service if you do not accept the Terms. By clicking to accept or agree to the Terms or by using the Service, you agree to comply with the Terms and all applicable laws and regulations in connection with your use of the Service and your purchases on the Service. If you do not want to be bound by these Terms, please do not use the Service.
These Terms and the information provided in the Service do not modify or supersede the terms and conditions of your purchase of any product or service from David's Bridal except as specifically provided in these Terms.
3. Modification of Terms.
David's Bridal shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Service. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting the revised or additional terms and conditions at www.davidsbridal.com/terms or providing notice through the Service. You should check this Web page periodically for any modification to these Terms. By using the Service after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than David's Bridal shall be enforceable against David's Bridal unless expressly agreed to by David's Bridal in writing.
4. Discontinued Operation of Service; Termination of Access.
We grant you a limited, non-transferable license to make personal use of the Service on one computer or mobile device in accordance with these Terms, and all applicable laws. This license does not include the right to resell or make any commercial use of the Service or any content available through the Service.
David's Bridal retains the right, without notice and at any time, to modify, suspend or discontinue the availability of all or any part of the Service, to charge a fee for parts of the Service that may have been previously provided at no charge, to discontinue any products or services offered through the Service. David's Bridal is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
David's Bridal may disable your ability to access your account or may terminate your right to access or use the Service or any portion thereof, without notice, at any time, and for any reason, including reasons such as conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, David's Bridal or its suppliers, vendors, and content providers (collectively, "Providers").
Your right to use the Service terminates automatically if you fail to comply with these Terms. No notice is required from us to effect such termination. Additionally, we may terminate these Terms at any time and for any reason and may give you notice of such termination by any means, such as e-mail, alert messages posted through the Service, posting notice on www.accuweather.com or otherwise generally publishing such termination. Upon termination, you must stop using the Service and remove all copies from your computer or mobile device. Rights and obligations under these Terms which by their nature should survive will survive and remain in effect after any termination or expiration of the Terms.
You must be at least 13 years old to use the Service, and, if you are under 18, you may use the Service only with the permission and involvement of a parent or guardian.
The Web sites, mobile applications, and services comprising the Service, each of their respective components, all content provided by or through the Service, together with the user interface, the compilation and arrangement of the Web sites and mobile applications, and the text, photographs, audio and video, graphics, logos, illustrations, descriptions, data, and other material available on or through the Web sites and mobile applications provided as a part of the Service are referred to collectively as the "Content". David's Bridal may change, delete, or update any Content at any time and without prior notice.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by David's Bridal or its Providers. You may view and use the Content only for your personal use, namely, shopping and ordering products and services from David's Bridal through the Service, and for no other purpose. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content, or use data mining, robots, or similar data gathering and extraction tools with the Service. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of David's Bridal or its Providers without our express, written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in a writing signed by David's Bridal, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your rights under United States or international copyright laws are being violated by any Content posted on or transmitted through the Service, or items advertised on the Service, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content. It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the Service. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Service; Your name, address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to David's Bridal's agent for notice of claims of copyright or other intellectual property infringement, who can be reached as follows:
David's Bridal, Inc.
1001 Washington Street
Conshohocken, PA 19428
7. Your Submissions
You may not post on or transmit through the Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable Content of any kind, including, but not limited to, any Content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. If we are notified that you have submitted or posted such Content, then we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Service. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Service or our business; or (iii) to protect the rights or property of David's Bridal, its Providers, you or other users of the Service.
You may upload to or otherwise submit to the Service only such Content (a) that is not subject to any copyright or other proprietary rights restrictions; (b) with respect to which the owner or licensor has given express authorization for David's Bridal to distribute over the Internet; and (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary Content uploaded or submitted to the Service with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission". The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms.
Except as otherwise expressly provided in these Terms, any Content you transmit to the Service by e-mail or otherwise, including any photos, videos, stories, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by David's Bridal and its Providers, for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, David's Bridal and its Providers are free to use any ideas, concepts, know-how, or techniques contained in any communication you submit through the Service for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
8. Linked Third Party Sites.
Links to Web sites operated by third parties available through the Service, including links to Web sites operated by Providers, do not constitute sponsorship, endorsement, or approval by David's Bridal of the content, policies, or practices of such Web sites. Linked Web sites are not operated, controlled, or maintained by David's Bridal, and David's Bridal is not responsible for the availability, content, security, policies, or practices of linked Web sites, including, without limitation, privacy policies and practices. Links to other Web sites are provided for your convenience only, and you access them at your own risk.
9. Disclaimer and Limitation of Liability.
THE SERVICE IS LICENSED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOU BEAR THE RISK OF USING THE SERVICE. DAVID'S BRIDAL AND ITS PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SERVICE, ANY CONTENT AND ALL PRODUCTS OR SERVICES AVAILABLE THROUGH THE SERVICE, INCLUDING THE AVAILABILITY OF THE SERVICE, ANY PRODUCTS, OR ANY CONTENT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. DAVID'S BRIDAL AND ITS PROVIDERS DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICE, ANY CONTENT OR PRODUCTS WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, ANY CONTENT OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND PRODUCTS PROVIDED OR AVAILABLE FOR PURCHASE THROUGH THE SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTY OF ANY KIND. DAVID'S BRIDAL AND ITS PROVIDERS HEREBY DISCLAIM ALL IMPLIED WARRANTIES WITH RESPECT TO THE SERVICE, ALL CONTENT AND PRODUCTS, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE "AS IS" CONDITION OF THE SERVICE, PRODUCTS AND ALL CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICE. Because some jurisdictions do not allow the disclaimer or limitation of implied warranties, the above limitations may not apply to you.
IN NO EVENT WILL DAVID'S BRIDAL, ITS PROVIDERS, OR ANY OF ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR DELAY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THESE TERMS, THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY PURCHASE MADE THROUGH THE SERVICE, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN WHEN DAVID'S BRIDAL OR A PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
IN NO EVENT WILL DAVID'S BRIDAL'S AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF ACTION, WHETHER STATUTORY, CONTRACT OR TORT (INCLUDING NEGLIGENCE) EXCEED THE FEES PAID FOR THE PRODUCT OR SERVICE FORMING THE BASIS OF THE CLAIM.
These limits apply to anything related to the Terms, the Service, any content (including code) on third party Web sites, and all claims for breach of contract (whether for the purchase of products or services or otherwise), breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. These limits also apply even if: (i) repair, replacement, or a refund for the Service does not fully compensate you for any damages; or (ii) David's Bridal or a Provider knew or should have known about the possibility of the damages. YOU EXPRESSLY AGREE NOT TO SEEK TO RECOVER ANY DAMAGES, INCLUDING DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, FROM ANY PROVIDER.
You agree to defend, indemnify, and hold harmless David's Bridal, its affiliates and Providers, and our and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms or your access or use of the Service and any product or service provided to you arising out of or relating to your use of the Service. The foregoing indemnification obligation shall survive termination of these Terms and the Service.
11. Registration; Customer Accounts; Use of Service.
Certain services offered on or through the Service require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of the Service due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to the Service, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself as prompted by the registration process, and update that information to keep it current. You may update any of your account information by clicking on the My Account button, logging in to your account and selecting My Profile.
You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Service.
12. Special Offers delivered by Text Message.
You may subscribe to our text message special offers available through the Service by following the instructions located on any text messaging link on the Service. If you subscribe to our text message special offers, you will receive up to six (6) text messages per month. Text message and data rates may apply.
If you wish to stop receiving text message special offers from us, follow the instructions in any text message from us. You may contact our customer service representatives and tell us that you wish to stop receiving text messages by completing the form available on the "Contact Us" page of the "Help" section of www.davidsbridal.com/help, or by sending an e-mail to us at firstname.lastname@example.org, or you may write to us at the following address: David's Bridal, Inc., 1001 Washington Street, Conshohocken, PA 19428. We will remove your mobile phone number from our text messaging database within Thirty (30) days and you will not receive any further text messages from us unless you initiate the communication.
For help with respect to our text message special offers, sent HELP to 74362 via text message.
13. Product Availability; Information.
All in-store sales are final. Please see our On-line Returns and Exchanges Policy at www.davidsbridal.com/help.
Product availability through the Service is not guaranteed as certain products may be low in stock or discontinued. If products are not available by the time your order processes, we will notify you of this via e-mail. You can always verify availability with our customer service representatives by completing the form available on the "Contact Us" page of the "Help" section of www.davidsbridal.com/help, or by sending an e-mail to us at email@example.com.
Products displayed at the Service may be available in selected David's Bridal stores in the United States, but may not be available in your area. The prices displayed at the Service are quoted in U.S. dollars, unless otherwise indicated and are subject to change. We have tried to accurately display the colors of products, but the actual colors you see will depend on your monitor and may not be accurate. In addition, product specific Content may contain errors or omissions or may be out of date. Product specific Content is provided for informational purposes only and is not binding on David's Bridal in any way except to the extent it is specifically indicated to be so.
Advertisements from David's Bridal, Providers or other third parties may, from time to time, appear within, adjacent to, or as a part of the Service. The revenue from advertisements allows David's Bridal to provide you with Content and parts of the Service without charge to you. The advertisements may be targeted to the information stored in the Service, your search requests, or other information. In exchange for your license to access and use the Service, you agree that advertising is, and will continue to be, a part of the Service. We have no control over, and we are not responsible or liable for, such third party advertising.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by David's Bridal of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. You may not assign your rights or delegate your duties under these Terms.
David's Bridal and its Providers shall not be liable for any nonperformance or delay in performance caused by any unforeseen act or event beyond their control. Each of our affiliates and each Provider is a third party beneficiary of, and will have the right to enforce, the Terms against you.
Your use of the Service will be deemed to be your consent to receive electronic communications from us, whether addressed to the e-mail address associated with your account or posted at the Service. You acknowledge and agree that any communication by e-mail or by posting at the Service satisfies any legal requirement that such communications be made in writing.
You may not ship, transfer, export into any country, or use in any manner prohibited by the United States Export Administration Act or any other applicable law (collectively the "Export Laws"), our mobile applications and any software that may be downloaded from the Service. In addition, if all or any part of the Service is identified as an export controlled item under the Export Laws, you represent to us that you are not a national of, resident in or otherwise located within, an embargoed nation, and that you are not otherwise prohibited under the Export Laws from visiting or using the Service.
Access to or use of the Service shall not be construed as the purposeful availment by David's Bridal or its Providers of the privilege or benefits of doing business in any state or legal jurisdiction other than the Commonwealth of Pennsylvania. These Terms, and any disputes of any kind between you and David's Bridal or its Providers, shall be governed by, construed and resolved in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, the Terms, use of the Service, or any orders placed or products purchased through the Service, shall be in the state or federal courts located in Montgomery County, Pennsylvania. If we take any action to enforce the Terms, then we will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of litigation we incur, in addition to any other relief, at law or in equity, to which we may be entitled.
Effective Date of Terms: February 1, 2012.
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