Terms of Service & Conditions

Please read these Terms of Service (the “Terms”), our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the website located at http://www.wellenfashion.com/ (the “Site”) and services accessible via the Site and corresponding mobile application (“App”) offered by Wellen Fashion,LLC. (“Wellen Fashion"). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.”

 

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND WELLEN FASHION THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

 

Acceptance of the Terms
By accessing the Sites or using the Services, you agree to accept and be bound by the Terms. Please do not use the Services or the Sites if you do not accept all of the Terms. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity. You acknowledge and agree that Wellen Fashion may amend any Terms at any time by posting the relevant amended and restated Terms on the Sites. By continuing to use the Services or the Sites, you agree that the amended Terms will apply to you. It is your responsibility to review these Terms for any changes. Your use after any amendments or updates of these terms of use shall signify your assent to and acceptance of such revised terms. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. Any new features that may be added to Wellen Fashion services from time to time will be subject to these Terms, unless stated otherwise. You should visit this page periodically to review these terms of use. The Terms may not otherwise be modified except in writing by an authorized officer of Wellen Fashion Privacy Policy. Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.

Provision of Services
You must register as a member of the Sites in order to access and use some Services. Further, Wellen Fashion reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) to paying Users or subject to other conditions that Wellen Fashion may impose in our discretion. You may use the Services only if you are 18 years or older and capable of forming a binding contract with Wellen Fashion, and not otherwise barred from using the Services under applicable law.

Services (or any features within the Services) may vary for different regions and countries. Wellen Fashion may in our sole discretion limit, deny or create a different level of access to and use of any Services (or any features within the Services) with respect to different Users. Wellen Fashion may launch, change, upgrade, impose conditions to, suspend, or stop any Services (or any features within the Services) without prior notice. Some Services may be provided by Wellen Fashion's affiliates on behalf of Wellen Fashion. Feedback.

We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it (and allow others to use it) without any restriction or compensation to you.

General Use
As a condition of your access to and use of the Sites or Services, you agree that you will comply with all applicable laws and regulations when using the Sites or Services. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the Sites (the "Site Content"), and (b) you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Wellen Fashion, or otherwise commercially exploiting the Site Content.

Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission from Wellen Fashion is prohibited. The use of any content or materials on the Sites or the Services for any purpose not expressly permitted in the Terms is prohibited. Wellen Fashion may allow Users to access content, products, or services offered by third parties through the Services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using the Sites.

You acknowledge that Wellen Fashion has no control over such third parties' websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites, or any content, products or services made available on such websites. You agree not to undertake any action to undermine the integrity of the computer systems or networks of Wellen Fashion and/or any other User nor to gain unauthorized access to such computer systems or networks. You agree not to undertake any action which may undermine the integrity of Wellen Fashion's feedback system, such as leaving positive feedback for yourself using secondary Member IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

Member Accounts
User must be registered on the Sites to access or use some Services (a registered User is also referred to as a "Member" below). Except with Wellen Fashion's approval, one User may only register one member account on the Sites. Wellen Fashion may cancel or terminate a User's member account if Wellen Fashion has reasons to suspect that the User has concurrently registered or controlled two or more member accounts. A set of Member ID and password is unique to a single account.

Each Member shall be solely responsible for maintaining the confidentiality and security of your Member ID and password and for all activities that occur under your account. No Member may share, assign, or permit the use of your Member account, ID or password by another person outside of the Member's own business entity. Member agrees to notify Wellen Fashion immediately if you become aware of any unauthorized use of your password or your account or any other breach of security of your account.

Member agrees that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account or sending SMS) will be deemed to have been authorized by the Member.

Member acknowledges that sharing of your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, "Multiple Uses"), may cause irreparable harm to Wellen Fashion or other Users of the Sites.

Member shall indemnify Wellen Fashion, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple uses of your account.

Member also agrees that in case of the multiple uses of your account or Member's failure to maintain the security of your account, Wellen Fashion shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate Member's account. Member's Responsibilities Each Member represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (b) you use the Sites and Services for business purposes only; and (c) the address you provide when registering is the principal place of business of your business entity. For purposes of this provision, a branch or liaison office will not be considered a separate entity and your principal place of business will be deemed to be that of your head office. Member will be required to provide information or material about your entity, business or products/services as part of the registration process on the Sites or your use of any Service or the member account.

Each Member represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Sites or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete. You shall provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account.

Each Member represents, warrants and agrees that (a) you shall be solely responsible for obtaining all necessary third-party licenses and permissions regarding any content (“User Content”) that you submit, post or display, even if you obtain it from other users of the Services; (b) any User Data that you submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets, rights of publicity, moral rights, or any other personal or proprietary rights of any third party ("Third Party Rights") cause harm to any third party, or violate any applicable law, rule, or regulation; (c) you have the right and authority to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User content and such sale, trade, distribution or export or offer does not violate any Third Party Rights and (d) you and your affiliates are not the subjects of any trade restrictions, sanctions or other legal restrictions enacted by any country, international organization or jurisdiction.

Each Member further represents, warrants and agrees that the User content that you submit, post or display shall: be true, accurate, complete and lawful; not be false, misleading or deceptive; not contain information that is defamatory, libelous, threatening or harassing, obscene, objectionable, offensive, sexually explicit or harmful to minors; not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; not violate the Product Listing Policy, the Terms or any applicable agreements, including the Return Policy (“Additional Agreements”) not violate any applicable laws and regulations (including without limitation those governing export control, consumer protection, unfair competition, or false advertising) or promote any activities which may violate any applicable laws and regulations; not contain any link directly or indirectly to any other websites which include any content that may violate the Terms.

Each Member further represents, warrants and agrees that you shall/are:
carry on your activities on the Sites in compliance with any applicable laws and regulations;
conduct your business transactions with other users of the Sites in good faith;
carry on your activities in accordance with the Terms and any applicable Additional Agreements;

• not use the Services or Sites to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards) 
• not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity
• not engage in spamming or phishing; not engage in any other unlawful activities (including without limitation those which would constitute a criminal offense, give rise to civil liability, etc.) or encourage or abet any unlawful activities
• not involve attempts to copy, reproduce, exploit or expropriate Wellen Fashion's various proprietary directories, databases, and listings
• not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information
• not involve any scheme to undermine the integrity of the data, systems or networks used by Wellen Fashion and/or any user of the Sites or gain unauthorized access to such data, systems or networks; not, and your director (s), officer (s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organized or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities
• not engage in any activities that would otherwise create any liability for Wellen Fashion or our affiliates. Member may not use the Services and member account to engage in activities that are identical or similar to Wellen Fashion's e-commerce marketplace business.

If Member provides a business referee, Member represents, warrants and agrees that you have obtained all necessary consents, approvals and waivers from your business partners and associates to:

(a) act as your business referee;

(b) post and publish their contact details and information, reference letters and comments on their behalf;

(c) that third parties may contact such business referees to support claims or statements made about you. You further warrant and agree that all reference letters and comments are true and accurate and third parties may contact the business referees without the need to obtain your consent.

Member agrees to provide all necessary information, materials and approval, and render all reasonable assistance and cooperation necessary for Wellen Fashion's provision of the Services, evaluating whether Member has breached the Terms and/or handling any complaint against the Member. If Member's failure to do so results in delay in, or suspension or termination of, the provision of any Service, Wellen Fashion shall not be obliged to extend the relevant service period nor shall be liable for any loss or damages arising from such delay, suspension or termination.

Member acknowledges and agrees that Wellen Fashion shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any message or material or information created, obtained or accessible through the Services or Sites. 

Wellen Fashion does not endorse, verify or otherwise certify the contents of any comments or other material or information made by any Member. Each Member is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information Member acknowledges and agrees that each Member is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Site and Services are in compliance with the same. 

Posting Content
Our Services may allow you to store, obtain, or share User Content. Wellen Fashion does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Wellen Fashion a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content “AS IS” under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Wellen Fashion on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further agree to use commercially reasonable efforts to obtain or validate the truth of the representations and warranties set forth in this Section 8(d) from your contractors, subcontractors, and affiliates, as applicable, who contribute to your User Content. Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. We may remove any User Content at any time for any reason or no reason. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. Wellen Fashion’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.

No Obligation
Wellen Fashion is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Payments
Wellen Fashion requires payments for use of the Services (or certain portions thereof) and you agree to pay such fees General. Whether you make a payment (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. General Prohibitions and Wellen Fashion’s Enforcement Rights Wellen Fashion reserves the right in our sole discretion to remove, modify or reject any User Content that you submit to, post or display on the Sites which we reasonably believe is unlawful, violates the Terms, could subject Wellen Fashion or our affiliates to liability, or is otherwise found inappropriate in Wellen Fashion's opinion. If any Member breaches any Terms, or if Wellen Fashion has reasonable grounds to believe that a Member is in breach of any Terms, Wellen Fashion shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Member's account and any and all accounts determined to be related to such account by Wellen Fashion in its discretion; (ii) restricting, downgrading, suspending or terminating the access to, or current or future use of any Service; (iii) removing any product listings or other User Content that the Member has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Member may post or display; (iv) imposing other restrictions on the Member's use of any features or functions of any Service as Wellen Fashion may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Wellen Fashion may deem necessary or appropriate in its sole discretion.

Without limiting the generality of the provisions of the Terms, a Member would be considered as being in breach of the Terms in any of the following circumstances:

Upon complaint or claim from any third party, Wellen Fashion has reasonable grounds to believe that such Member has willfully or materially failed to perform your contract with such third party including without limitation where the Member has failed to deliver any items ordered by such third party after receipt of the purchase price, or where the items Member has delivered materially fail to meet the terms and descriptions outlined in your contract with such third party, Wellen Fashion has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty,

Wellen Fashion has reasonable grounds to suspect that any information provided by the Member is not current or complete or is untrue, inaccurate, or misleading, or Wellen Fashion believes that the Member's actions may cause financial loss or legal liability to Wellen Fashion or our affiliates or any other Users. 

Wellen Fashion reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Wellen Fashion may disclose the Member's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action. Wellen Fashion shall not be liable for damages or results arising from such disclosure, and Member agrees not to bring any action or claim against Wellen Fashion for such disclosure. If a Member is in breach of the Terms, Wellen Fashion also reserves the right to publish the records of such breach on the Sites. Wellen Fashion may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Member's use of any Service or the Sites without being liable to the Member if Wellen Fashion has received notice that the Member is in breach of any agreement or undertaking with any affiliate of Wellen Fashion. Each Member agrees to indemnify Wellen Fashion, our affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims, and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Data or Your Content, from your use of the Sites or Services, or from your breach of the Terms. Each Member further agrees that Wellen Fashion is not responsible, and shall have no liability to you or anyone else for any User Data or other material transmitted over the Sites, including fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each Member. Wellen Fashion reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Member, in which event the Member shall cooperate with Wellen Fashion in asserting any available defenses. Rights and Terms for Apps.

 

Links to Third Party Websites or Resources
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.

Termination
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at [email address]. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 8(b), 8(c), 8(e), 9(a), 9(b), 9(c) (only for payments due and owing to Wellen Fashion prior to the termination), 10, 12, 15-18.

Warranty Disclaimers
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.

Indemnity
You will indemnify and hold Wellen Fashion and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WELLEN FASHION NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WELLEN FASHION OR ITS SERVICE PROVIDERS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL WELLEN FASHION'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO WELLEN FASHION FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO WELLEN FASHION, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WELLEN FASHION AND YOU.

Governing Law and Forum Choice: These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of [California], without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 17 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Wellen Fashion are not required to arbitrate will be the state and federal courts located in the San Mateo County of California, and you and Wellen Fashion each waive any objection to jurisdiction and venue in such courts.

 

Dispute Resolution
Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Wellen Fashion agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Wellen Fashion are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

Exceptions: As limited exceptions to Section 17(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

Arbitration Costs: Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. Injunctive and Declaratory Relief. Except as provided in Section 17(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration Class Action Waiver. YOU AND WELLEN FASHION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

Severability
With the exception of any of the provisions in Section 17(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. General Terms.

Reservation of Rights
Wellen Fashion and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Wellen Fashion and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Wellen Fashion and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Wellen Fashion’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Wellen Fashion may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Notices. Any notices or other communications provided by Wellen Fashion under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. Waiver of Rights. Wellen Fashion’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Wellen Fashion. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. Contact Information. If you have any questions about these Terms or the Services, please contact Wellen Fashion at support@wellenfashion.com.

 

WELLEN FASHION SMS TERMS AND CONDITIONS
WELLEN FASHION. SMS TERMS AND CONDITIONS (US-BASED TEXT MESSAGING PROGRAMS) IMPORTANT! PLEASE READ THESE WELLEN FASHION SMS TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY WELLEN FASHION (“WELLEN FASHION” OR “WE” OR “US”) TEXT MESSAGING PROGRAM. BY SIGNING UP FOR ONE OR MORE OF WELLEN FASHION’S TEXT MESSAGING PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE WELLEN FASHION SMS TERMS AND CONDITIONS. FURTHERMORE, THESE WELLEN FASHION SMS TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS HOW DISPUTES WITH WELLEN FASHION ARE RESOLVED. By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from Wellen Fashion and others texting on its behalf, at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of any purchase.

Program Description
Wellen Fashion text messages are intended to provide you with marketing and promotional information regarding Wellen Fashion products and services (e.g., events and promotions offered by Wellen Fashion or any of its authorized dealers). We may also provide you with transaction-related information.

Message Frequency
The number of Wellen Fashion text messages that you receive will vary depending on which Wellen Fashion text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.

Cost
Message and data rates may apply to each text message sent or received in connection with Wellen Fashion text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Wellen Fashion does not impose a separate fee for sending Wellen Fashion text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

How to Opt-In
To opt-in to receive text messages from a Wellen Fashion text messaging program(s), please follow the instructions provided as part of the onboarding sign up process. For example, you may unselect the checkbox that allow us to send SMS to you.

How to Opt-Out
To stop receiving text messages from a specific Wellen Fashion text messaging program, text STOP to the text messaging program from which you no longer wish to receive messages. You acknowledge that you may then receive one (1) final message from Wellen Fashion confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with that number. You will remain opted in to other Wellen Fashion text messaging programs until you Opt out from the specific number you received text from.

Your Mobile Telephone Number
You represent that you are the account holder for the mobile telephone number(s) that you enroll. You are responsible for notifying Wellen Fashion immediately if you change your mobile telephone number. You may notify Wellen Fashion of a number change by contacting customer support (support@wellenfashion.com). You agree to indemnify Wellen Fashion in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify Wellen Fashion if you change your telephone number including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.

Access or Delivery to Mobile Network is Not Guaranteed
It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions. You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Wellen Fashion’s control, and Wellen Fashion is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

Supported Carriers
Supported carriers may change from time to time, but currently include AT&T, Sprint/Boost,/Virgin, T-Mobile/MetroPCS, Verizon Wireless, CellCom USA, C Spire Wireless, U.S. Cellular, Carolina West Wireless (CWW), and Google Voice, among others. Carriers are not liable for delayed or undelivered messages.

Support/Help
To request more information, text HELP to the text messaging program about which you have questions. You may also receive help by contacting Wellen Fashion's Customer Care at support@wellenfashion.com.

Eligibility
To receive Wellen Fashion text messages, you must be a resident of the United States and 18 years of age or older.Wellen Fashion reserves the right to require you to prove that you are at least 18 years of age.

Changes to Terms and Conditions 
Wellen Fashion may revise, modify, or amend these Wellen Fashion SMS Terms and Conditions at any time. Any such revision, modification, or amendment shall take effect when it is posted to Wellen Fashion website (https://www.wellenfashion.com/terms-of-service). You agree to review these Wellen Fashion SMS Terms and Conditions periodically to ensure that you are aware of any changes. Your continued consent to receive Wellen Fashion text messages will indicate your acceptance of those changes.

Termination of Text Messaging
We may suspend or terminate your receipt of Wellen Fashion text messages if we believe you are in breach of these Wellen Fashion SMS Terms and Conditions. Your receipt of Wellen Fashion text messages is also subject to termination in the event that your mobile telephone service terminates or lapses. Wellen Fashion reserves the right to modify or discontinue, temporarily or permanently, all or any part of Wellen Fashion text messages, with or without notice.