CurveConsign Terms of Use

Effective as of April 29, 2016

Welcome to CurveConsign.com, a website operated by Deanna O’Hara d/b/a CurveConsign (the “Company”).

The following Terms of Use (“Terms”) apply when you use the website located at www.CurveConsign.com (the “Site”) or buy from, or sell to, the Company via the Site.

Please review these Terms carefully.  By accessing or using the Site, or by listing something for sale with, or buying from, the Company, you show you agree to these Terms.  If you don’t agree to these Terms, you may not access or use the Site or sell or purchase using our services.

 

About the Site

The Site allows you to list for sale by consignment, and buy, clothing and accessories.

Please note that the Site is under constant development. New features or items may be added frequently, so it’s important to check back to the Site for updates.

 

Billing, Accounts, and Orders

You agree to provide current, complete and accurate billing and delivery information for all purchases made via our Site. You agree to update your account and information, including your email address, credit card numbers and expiration dates, and delivery address, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us.

 

Curve Consign Return Policy

We accept returns for in-store credit only with no expiration date. Items must be unused with original tags to be eligible for a returns. Buyers must contact CurveConsign at info@curveconsign.com or by calling 1-855-208-8511 within three business days of receipt of the purchase to qualify for a return.  Buyers are responsible for paying return shipping. Buyers must use priority mail signature required postage.

CurveConsign sells only authentic items. If you feel an item is not authentic, you must contact us within 7 days after receipt of item and a full refund will be granted within 3 days of the item being received by us. You must use priority mail, signature required shipping. Postage will also be reimbursed to you.

Returns that are shipped to us will be processed within three (3) business days of receipt.

 

eBay Auction Return Policy

All auction sales are final. Items are consigned and are not owned outright by CurveConsign. If you feel you have received an item that is not as described, you must contact us directly within three days of receipt via eBay message for authorization of return. If a return is granted by us/eBay, buyers are responsible for return shipping.

CurveConsign sells only authentic items. If you feel an item is not authentic, you must contact us within 7 days after receipt of item and a full refund will be granted within 3 days of the item being received in Chicago. Buyer must use priority mail signature required postage that will also be reimbursed to the buyer.

 

Content and Restrictions

You may provide text in the form of comments on our blog (“User Content”) that you share using the Site.

Your User Content belongs to you. However, you grant the Company the following non-exclusive license: a worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process, information and User Content that you provide through the Site, without any further consent, notice and/or compensation to you or others.

Other users may access and share your User Content, via the Site, social media, email, and otherwise.

If you wish us to remove your User Content from the Site, please send an email to info@curveconsign.com and we will do so within ten business days of receiving your request. (However, we may retain copies of your User Content, not accessible to the public, on our backup servers even after you request removal.)

You are solely responsible for the User Content that you make available via the Site.  You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.

The following rules pertain to User Content. By transmitting and submitting any User Content while using the Site, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
  • You will not post information that is malicious, false, or inaccurate;
  • You will not submit content that is copyrighted, or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content, or unless your use of the content is within the scope of fair use.
  • You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Site is solely your responsibility.

The Company is not responsible for any public display or misuse of your User Content.  The Company does not, and cannot, pre-screen or monitor all User Content.  However, at our discretion, we, or technology we use, may monitor and/or record your interactions with the Site.

 

Use of the Site; Termination

You need to be at least 18 years old or the legal age of majority in your area to use the Site.

You hereby affirm we have the right to terminate your account with or without prior notice.

 

Use Restrictions

Your permission to use the Site is conditioned upon the following restrictions and conditions.

You agree that you will not:

  • post or otherwise communicate any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • use the Site for any unlawful purpose or for the promotion of illegal activities, including the sale of counterfeit goods;
  • attempt to, or harass, abuse or harm another person or group;
  • use another user’s account without permission;
  • provide false or inaccurate information when registering an account;
  • interfere or attempt to interfere with the proper functioning of the Site;
  • make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data; or
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

 

Intellectual Property

You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site (except for User Content), including applicable copyrights, trademarks, and other proprietary rights.

You agree not to reproduce any portion of the Site without our express written permission.

The Company reserves all rights that are not expressly granted to you under these Terms.

 

Copyright Complaints and Copyright Agent

If you discover that someone has posted material belonging to you via the Site without your permission, please note the following.

(a) Termination of Repeat Infringer Accounts.  The Company respects the intellectual property rights of others and requests that the users do the same.  Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Site who are repeat infringers.  The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices.  If you’re a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at info@curveconsign.com:

The date of your notification;

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at the Site;
  3. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

Your physical or electronic signature;

  1. A description of the content that has been removed and the location at which the content appeared before it was removed;
  2. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  3. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.

 

Online Content Disclaimer

Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon.  Such authors are solely responsible for such content.  The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company.  The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Site.  Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.

We have tried to display as accurately as possible the colors and images of products offered for sale. We cannot guarantee that your computer monitor’s display of any color will exactly match the color of the product.

The Site may contain typographical errors, inaccuracies, or omissions in product descriptions, pricing, shipping charges, transit times, and availability. We reserve the right to correct any errors or omissions, and to cancel orders if any information is inaccurate, at any time without prior notice (including after we have received your order).

 

User Consent to Receive Communications in Electronic Form

For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.  The foregoing does not affect your non-waivable rights.

The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to info@curveconsign.

 

Warranty Disclaimer

We do not warrant that the quality of any products you buy using the Site will meet your expectations.

THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

Limitation of Damages; Release

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE,  OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SITE; (C) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party. Your indemnification includes, but is not limited to, any third party claims arising out of your sales, or offers to sell, of any counterfeit or stolen products.

 

Modification of Terms of Use

The Company can amend these Terms at any time.  It’s your responsibility to check the Site from time to time to view any such changes.  If you continue to use the Site, you show your agreement to our revisions to these Terms.   Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company.  No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.

 

Privacy Policy

The Company respects the privacy of its users.  Please refer to our Privacy Policy (found here), which explains how we collect, use, and disclose information that pertains to your privacy.  When you access or use the Site, you show that you agree to this Privacy Policy.

 

General Terms

If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law.  The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision.  Our rights under these Terms will survive any termination of these Terms.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues.  Otherwise, such cause of action is permanently barred.

These Terms and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Illinois, without regard to conflict of law provisions.

You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in Chicago, IL.

If you attempt to bring any legal action against the Company based in any way on its Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.

The Company may assign or delegate these Terms and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Site or Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THE TERMS, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.