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Terms of Use

Effective Date: May 31, 2019

The following terms and conditions (“Terms of Use”) govern all use of the www.somethingnavy.com website (the “Site”). The Site is owned and operated by Something Navy, LLC (“Something Navy”). Please review these Site terms of use as they govern your use of the Site. BY ACCESSING, BROWSING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, INCLUDING, WITHOUT LIMITATION, BINDING ARBITRATION. IF YOU DO NOT AGREE TO THESE TERMS THEN PLEASE DO NOT USE THE SITE.

Something Navy reserves the right, in its sole discretion, to revise these Terms of Use at any time upon posting the amended terms on the Site. The amended terms shall automatically be effective upon posting. You should visit this page from time-to-time to review the then-current terms, because they are binding to you. The user’s continued use of the Site and following the Something Navy’s posting of any changes will constitute the user’s acceptance of such changes.

Something Navy controls and operates this Site from its offices within the United States. Claims relating to, including the use of, this Site and the Contents contained herein are governed by the laws of the United States and the State of New York, without regard for its conflicts of law provisions. Something Navy and you agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this Site shall be filed only in the state or federal courts located in New York, United States of America, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action that is not subject to binding arbitration as set forth herein. You expressly submit and consent in advance to such jurisdiction in any action or suit commenced in such court, and you hereby waive any objection that you may have based upon lack of personal jurisdiction, improper venue or forum non conveniens. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

SOMETHING NAVY SERVICES

Something Navy’s services, which are available on the Site, help you find and browse information related to fashion and style, and allow you to submit information to the Site, and enjoy a wide variety of other content for your own use and for viewing by other users (the “Services”). Your access to or use of these Services constitutes your acceptance of all the provisions of these Terms of Use. These Terms of Use apply to any user of the Site and Services, regardless of whether or not the user submits content for public display on the Site. The Site may also contain links to third party websites that are not owned or controlled by Something Navy. Something Navy makes no representations or warranties regarding any websites, information or content that may be accessible through this Service that is not maintained, controlled or created by Something Navy. Further, Something Navy assumes no responsibility for the content, privacy policies, or practices of any third-party websites. Something Navy will not censor or edit the content of any third-party websites. By using the Site, you expressly relieve Something Navy from any and all liability arising from your use of any third-party website.

The Site contains strictly opinion-based information. The content of the Site is fact-checked to the best of Something Navy’s abilities but may contain errors of typing, spelling, intent, rumor, or presumption. Additionally, Something Navy sometimes works with third party advertisers to provide advertisements featuring apparel, jewelry and other products on the Site. In return, Something Navy is paid for posting these advertisements on the Site.

BINDING ARBITRATION

You and Something Navy agree that any controversy or claim arising out of or relating to the Site, use of the Site, these Terms of Use and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by both Something Navy and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Something Navy, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Something Navy initiates arbitration against you, Something Navy will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor Something Navy shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Something Navy or are the property of their respective owners.

The term SOMETHING NAVY and the S/N logo are trademarks of Something Navy, LLC. The Contents on the Site are provided to you AS IS for your information and personal use only. No Contents from the Site may be copied, reproduced, downloaded, displayed, performed, modified, republished, uploaded, transmitted, mirrored in any manner, or distributed except as explicitly stated herein. Modification or use of the Contents for any other purpose is a violation of the respective owner’s copyright and other proprietary rights, and is strictly prohibited.

Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of using this Site as a personal, non-commercial shopping resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents. Please note that the permission granted herein terminates automatically if you breach any of these Terms of Use.

If you choose to leave this Site via links to other non-Something Navy sites, Something Navy is not responsible for the terms of use, privacy policies or the cookies those sites use. Additionally, because Something Navy does not control non-Something Navy sites or the products advertised therein, you acknowledge and agree that Something Navy is not responsible for the availability of such non-Something Navy sites or products, and is neither responsible nor liable for any content, advertising, products, or other materials on or available from such sites. In no event shall any reference to any non-Something Navy site, product or service be construed as an approval or endorsement by Something Navy of such site, product or service. Please see our Privacy Policy for further details.

You are authorized to use the Site and Services solely for your own use, and you agree not to act on behalf of a third-party or to allow a third-party to have access to your username or password in order to use the Site or Services. You are solely responsible for any and all activity that occurs on your account and you must keep your password secure. Furthermore, you shall not:

a) modify, translate or reverse engineer any portion of the Site or Services b) launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Something Navy servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Something Navy grants the operators of public search engines permission to use spiders to copy Contents from the Site for the sole purpose of creating publicly available searchable indices of the Contents, but not caches or archives of such Contents and provided that such spiders do not affect operation of the Site. Something Navy reserves the right to revoke these exceptions either generally or in specific cases;

c) collect or harvest any personally identifiable information, including e-mail addresses, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes;

d) solicit, for commercial purposes, any users of the Site with respect to their User Transmissions (as defined below);

e) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or otherwise interfere with other user’s or member’s enjoyment of the Site and/or Services;

f) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;

g) use the Site or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; or

h) use any device, software or routine that interferes with the proper working of the Site and/or Services.

DISCLAIMER OF WARRANTY

SOMETHING NAVY IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH SOMETHING NAVY BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE AND CURRENT, SOMETHING NAVY DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS, SERVICES, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THIRD-PARTY PROVIDERS, WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, OR WILL BE SATISFACTORY TO YOU, OR THAT THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED. Price and availability information on third party websites is subject to change without notice and under no control by Something Navy.

DISCLAIMER OF LIABILITY

IN NO EVENT SHALL SOMETHING NAVY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (COLLECTIVELY, “DAMAGES”), INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES; AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF SOMETHING NAVY’S NEGLIGENT, FRAUDULENT, OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

In an effort to provide our customers with the most current information, Something Navy will, from time to time, make changes in the Contents and in the Services described on this Site.

You agree to indemnify and hold Something Navy (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages relating to defending such claims, arising out of or related to: (a) a breach of these Terms of Use; (b) breach of your representations and warranties set forth herein; (c) any wrongdoing, willful misconduct or negligence on your part with respect to your use of the Site or Services, or (d) your violation of any law or the rights of a third party.

USER TRANSMISSIONS

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Something Navy (“Transmissions”) shall be and remain Something Navy’s property. By submitting any Transmissions to Something Navy, you represent and warrant that:

1. you are the sole author and owner of the Transmission and any intellectual property rights thereto;

2. all “moral rights” that you may have in such Transmission have been voluntarily waived by you;

3. all Transmissions that you post are accurate;

4. you are at least 13 years old; and

5. use of the Transmission you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any Transmission:

1. that is known by you to be false, inaccurate or misleading;

2. that infringes any third party’s intellectual property rights or rights of publicity or privacy;

3. that violates any law, statute, ordinance or regulation;

4. that is, or may reasonably be considered to be, defamatory, obscene, libelous, hateful, racially, ethnically or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;

5. for which you were compensated or granted any consideration by any third party;

6. that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or

7. that contains any computer viruses, worms or other potentially damaging computer programs or files.

For any Transmission, you grant Something Navy a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.

Something Navy reserves the right to change, condense or delete any Transmission that Something Navy deems, in its sole discretion, to violate the Privacy Policy or any provision of these Terms of Use. Something Navy does not guarantee that you will have any recourse through Something Navy to edit or delete any Transmission you have submitted. Something Navy reserves the right to remove or to refuse to post any Transmission for any reason. You acknowledge that you, not Something Navy, are solely responsible for the contents of your Transmission and the consequences of posting or publishing them. None of the content that you submit shall be subject to any obligation of confidence on the part of Something Navy, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

By submitting your email address or user name to Something Navy or its third party service providers in connection with your Transmission, you agree that Something Navy and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.

NOTICE AND TAKE DOWN PROCEDURES

Something Navy does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Something Navy will remove any material or Transmissions if properly notified that such material or Transmissions infringes on another’s intellectual property rights. If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact Something Navy’s designated agent (address below) and provide the following information:

1. A clear statement identifying the works, or other Materials believed to be infringed.

2. A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.

3. Sufficient information about the location of the allegedly infringing Materials so that Something Navy can find and verify its existence.

4. Your name, telephone number and e-mail address.

5. A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.

6. A signature or the electronic equivalent from the Owner or authorized representative.

Something Navy’s agent for notice of copyright or trademark issues on the Site can be reached as follows:

Something Navy, LLC

Attn: Tara Foley

27 West 24th Street

Suite 510 New York, NY 10010

Something Navy shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that Something Navy may use information about your demographics and use of this Site in any manner that does not reveal your identity.

SECURITY

In using this Site you agree to the following:

(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;

(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and

(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to Team@Somethingnavy.com. You may also contact us by writing to Something Navy, LLC, Attn: Tara Foley, 27 West 24th Street, Suite 510, New York, NY 10010or by calling (212) 206-3721. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

TERMINATION

The Terms of Use is effective until terminated by either party. You may terminate the Terms of Use at any time by destroying all Contents obtained from the Site and all related documentation thereof, whether made under the Terms of Use or otherwise. The Terms of Use will terminate immediately without notice from Something Navy if in Something Navy’s sole discretion you fail to comply with any provision of the Terms of Use. Upon termination, you must destroy all materials obtained from the Site, whether made under the provisions of the Terms of Use or otherwise.

PRIVACY POLICY

Something Navy respects your right to privacy. You can view our privacy policy here.