PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE YOU USE OR ACCESS THE SERVICES OR ANY OF THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES AS SUCH TERMS AFFECT YOUR LEGAL RIGHTS.
These Terms include an Arbitration Agreement, which will govern any dispute between you and us. Unless you opt out as described below, this Arbitration Agreement will:
- Eliminate your right to a trial by jury; and
- Substantially affect your rights, including preventing you from bringing, joining or participating in class or consolidated proceedings.
Canadian Residents Only: Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.
Table of Contents
- Effective Date
- Your Acceptance of These Terms
- Your Consent to Other Agreements
- These Terms May Change
- Your Compliance with Laws
- Ownership of the Services and its Content
- Registration and Account Creation
- User Generated Content
- Removal of Content
- Your Feedback
- Third-Party Services And Content
- Modification And Discontinuation
- LIMITATION OF LIABILITY
- ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
- Maurices Mymaurices Loyalty Program
- No Assignment
- Governing Law
- Entire Agreement
- Contact Us
Effective Date: 06/25/2019
By accessing or using the Services or any of the products available thereon, you are agreeing to comply with and be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services or any of the products available thereon.
When you sign up to use a special feature of the Services, such as our text messaging, you may be asked to agree to special terms governing your use of the special feature (“Additional Terms”). In such cases, you may be asked to expressly consent to the special terms, for example, by checking a box or clicking on a button marked “I agree.” If any of the terms of the Additional Terms are different than the terms of these Terms, the terms of the Additional Terms will supplement or amend these Terms, but only with respect to the matters governed by the Additional Terms.
The Services are not targeted towards, or intended for use by, anyone under the age of (thirteen) 13. By installing, accessing or using the Services, you represent that you (a) are at least eighteen (18) years of age or the age of majority in your place of residence, or at least thirteen (13) years of age and under the supervision of a parent or legal guardian who agrees to be bound by these Terms, and (b) are not located in a country that is subject to a U.S. government embargo, and/or have not been listed on any U.S. government list of prohibited or restricted parties. In addition, you agree to abide by all applicable local, state, provincial, national, and international laws and regulations with respect to your use of the Services and agree not to interfere with the use and enjoyment of the Services by other users and Maurices’ operation or management of the Services.
Use of the Services is unauthorized in any jurisdiction where all or any portion of the Services may violate any legal requirements, and you agree not to access the Services in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms is at your own risk.
The Services, including all its software and code comprising or used to operate the Services, and all of the text, photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, literary property, works of authorship and/or other information, documents, materials or content available on or through the Services (“Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States, Canada and any other jurisdictions from which you are able to access or use the Services or in which the Services are available. All Content and intellectual property rights in and to the Content are the property of Maurices or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws. All rights not expressly granted are reserved.
Subject to these Terms, Maurices grants to you a personal, non-exclusive, non-transferable, non-sublicenseable, limited, and revocable license to use the Services for personal use only in accordance with these Terms (“User License”). Any use of the Services in any other manner, including, without limitation, the resale, transfer, modification or distribution of the Services, Content and the User Generated Content is strictly prohibited. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any right, title or interest in or to the Services, Content or User Generated Content or any intellectual property (including goodwill) therein or thereto.
You agree not to reverse engineer, decompile, reverse assemble, modify, or attempt to discover any source code that we use or create to generate the Services or any software or other products or processes accessible through the Services. You further agree that, in accessing and using our Content as permitted by these Terms, you will keep intact any copyright or other proprietary notices on the Services and/or Content. You also agree that you will neither (a) use any robot, spider, rover, scraper, or any other data-mining technology or automatic or manual process to monitor, cache, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or Internet browser usage); nor (b) modify, provide access to, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party website, or otherwise use the Content in any way except as specifically permitted by these Terms or otherwise in writing by Maurices. You agree not to allow or assist any third party in violating or attempting to violate any of the above restrictions or prohibitions, whether or not for your benefit.
The Maurices name and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Services, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Maurices (the “Maurices Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Services are the property of their respective owners. You are not authorized to display or use the Maurices Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Services without the prior written permission of such owners. The use or misuse of the Maurices Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Maurices may at times require that you register and/or set up an account to access or use the Services. The decision to provide the information necessary to create an account is purely optional, however, please be advised that if you elect not to provide the required information, you may not be able to access or use certain materials or features of the Services. When you provide information to us, you agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.
With respect to any registration or account-creation feature you use, you agree to: (a) create only one account; (b) provide accurate, truthful, current, and complete information when creating your account; (c) maintain and promptly update your account information; (d) help maintain the security of your account by not sharing your user name or password with others and by restricting access to your account and the device(s) from which you access your account; and (e) promptly notify Maurices if you discover or otherwise suspect any security breaches relating to the Services. Your user name and password are for your personal use only. If you use the Services, you may not authorize others to use your registration information or account, and you are responsible for your use and disclosure of the same.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
WE HEREBY DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR ANY UNAUTHORIZED USE OF YOUR ACCOUNT.
The Services may allow you to purchase certain products. Some situations may result in your order for products being cancelled. These include, but are not limited to: limitations on the quantities of any products available for purchase; inaccuracies or errors in product or pricing information; product restrictions mandated by local, provincial, national or international regulations; and problems identified by our credit and fraud avoidance group. We may also require additional verifications or information before accepting any order.
For the avoidance of doubt, we reserve the right, at our sole discretion, to limit quantities available of any product for sale or sold, and the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your payment method (e.g., credit card) has been charged, we will issue a credit to you (e.g., refund to your credit card you used to make the purchase) in the amount of the charge.
Although we will endeavor to provide you with the most accurate information regarding our products, pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we reserve the right to correct or cancel an order at any time, and/or edit an order to reflect the correction, and/or correct the error on the Services.
Subject to applicable laws, we may amend the Services, as well as the products listed through the Services, and/or the amounts that we charge for same at any time, without prior notice.
The prices displayed on the Website are quoted in U.S. dollars only. Fees for any products do not include any applicable sales, use, excise, value-added or other taxes or governmental charges, and you shall be responsible for, and shall promptly pay, same. Unless stated otherwise, note that the price of any products listed on the Website do not include shipping and handling or any applicable sales, use, excise, value-added or other taxes or duties, including, without limitation, any fees, customs, duties, levies and other charges that may be incurred in connection with the purchase, sale, import and/or export of any products to or from your jurisdiction, as imposed under applicable law or by a governmental agency or authority from time to time (collectively, “Taxes and Duties”). For clarity, and without limiting the foregoing, you acknowledge and agree that you are solely responsible for the payment of all Taxes and Duties in connection with your purchase of any products on or through the Website.
We may provide user comment areas, chat rooms, message boards, interactive user communities, or other areas on the Services (“Community Forums”) where users can interact with others and with us, as well as have the opportunity to submit text, photographs, images, illustrations, graphics, sounds, video, audio-video clips, content, works of authorship, documents, data, questions, comments, suggestions, or other content, any of which may include personal information (collectively, “User Generated Content”).
You are responsible for User Generated Content that you post. Under no circumstances will we be liable in any way for any User Generated Content.
This means that you, not Maurices, are entirely responsible for all User Generated Content that you post and that you can be held personally liable for comments that are defamatory, obscene, or libelous, or that violate these Terms, an obligation of confidentiality, or the rights of others. If any part of the User Generated Content you post is not your original work, you acknowledge and agree that it is your sole and exclusive responsibility to obtain any necessary consents, permissions, and licenses to post, upload or otherwise make it available on or through the Services.
Because we do not control the User Generated Content posted on or through the Services, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Generated Content. You also agree and understand that by accessing the Services, you may encounter User Generated Content that you may consider to be objectionable. We have no responsibility for any User Generated Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you may claim was incurred as a result of the use of any User Generated Content posted, emailed, transmitted or otherwise made available on or through the Services.
You own User Generated Content, but we may use it. You own the copyright in any original User Generated Content you submit. We do not claim any copyrights in User Generated Content. However, by using the Services you acknowledge and agree that you grant us and any of our subsidiaries, affiliates, licensees, successors and assigns, an unlimited, nonexclusive, paid-up, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicenseable right and license to use, reproduce, copy, modify, adapt distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, commercialize and otherwise exploit for any purpose the User Generated Content you post, in whole or in part, in any and all media or form of communication whether now existing or hereafter developed. In connection with any User Generated Content, you hereby waive any and all moral rights you now or may in the future have in and to such User Generated Content. For clarity and without limiting the foregoing, Maurices has no obligation to (i) obtain any additional consent from you in connection with its use or other exploitation of any of your User Generated Content; (ii) to notify you in connection with the use or exploitation of the User Generated Content; and/or (iii) compensate you in any way in connection with the use or exploitation of the User Generated Content.
We may disclose and/or remove User Generated Content. Maurices has the right (but does not assume the obligation) to:
- monitor the Services and all User Generated Content;
- require that you avoid certain subjects;
- remove or block any User Generated Content at any time without notice at our sole and absolute discretion;
- terminate your access to and use of the Services, or to modify, edit or block your transmissions thereto in our sole discretion.
You agree that our exercise of such discretion shall not render us the owners of User Generated Content you post, and that you will retain ownership thereof as described above.
Restrictions on User Generated Content. It is a condition of these Terms that you do not:
- upload, post, transmit or otherwise make available:
- any User Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
- any User Generated Content that constitutes or encourages activity illegal under criminal or civil law;
- any User Generated Content that is false, misleading, or fraudulent;
- any User Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- any User Generated Content that violates or infringes upon the rights of others, including User Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
- any User Generated Content that you know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents your identity or affiliation with a person or company;
- any User Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
- any request for or solicitation of any personal or private information from any individual;
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- any User Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose, except as expressly agreed by you and us; and
- any User Generated Content that promotes violence or describes how to perform a violent act.
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
- violate any local, state, national or international law, rule or regulation.
By posting User Generated Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Generated Content and have the right to grant the license set forth in these Terms; (ii) the User Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood—and your User Generated Content fully complies with—these Terms and applicable laws and will not cause injury to any person or entity.
You understand and acknowledge that: (a) Maurices has wide access to content, information, ideas, suggestions, designs, and other materials that may be similar or identical to materials you submit to us; and (b) you will not be entitled to any compensation (nor will Maurices be obligated to negotiate with you) as a result of our use of any similar or identical material.
Maurices is not obligated to post, keep, or use your User Generated Content.
In general. On certain pages of the Services, we may provide to you a tool to report objectionable User Generated Content. If that tool is not available, you can report objectionable User Generated Content and other objectionable Content by contacting us. While we do not have any obligation to remove Content from the Services merely because of a removal request, we will review all such requests and will remove Content that we determine should be removed, in our sole discretion and in accordance with these Terms and applicable law. Please be aware, however, that if the Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the Content we remove from the Services may remain on back-up servers.
Violation of copyrights. Maurices does not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing, or if we become aware of circumstances from which infringing activity is apparent.
If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on the Services or has been otherwise copied and made available on the Services in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be in writing and must include:
- an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Services (including the URL, title and/or item number if applicable, or other identifying characteristics);
- your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
- a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your statement must be addressed as follows:
Privacy/Online Customer Service
425 W Superior Street
Duluth, Minnesota 55802
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
Although we do not claim ownership of User Generated Content you post using the Services, any Content you post on or through the Services that is specifically about how we can improve the Services and the products and services we make available through the Services (“Feedback”) will be and will remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
To the extent that the ownership of the Feedback does not by operation of law vest in Maurices, you agree to irrevocably and unconditionally assign, transfer and convey to Maurices, free and clear of any security interests, encumbrances, adverse claims or demands, your entire right, title and interest throughout the universe in and to the Feedback, including any and all rights that may exist, now or in the future, under the law of copyright, trademark, patent, industrial design, trade secret or other intellectual property laws of any jurisdiction. Whenever requested to do so, the you agree to assist us and our designees to secure our rights in the Feedback and related intellectual property rights in all countries. Your obligation to provide such assistance and execute will continue in perpetuity. You agree to further absolutely, irrevocably, and unconditionally waive in favor of Maurices any and all moral rights (or other similar rights) that you and your successors or assigns may enjoy, now or in the future, throughout the world, in relation to the Feedback.
The Services may provide links to other websites operated by third parties. Because we have no control over third-party websites, we are not responsible for the availability of those websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. Maurices shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. These Terms do not apply to your use of third-party websites; your use of such websites is subject to the terms and policies of the owner of such websites.
Further, functionality on the Services may also permit interactions between the Services and a third-party website or online feature, including without limitation, applications that connect the Services or your profile on the Services with a third-party website. For example, the Services may include a button enabling you to indicate, on your social networking page, that you “like” specific content on the Services, or a feature that lets you post to your social networking page a link to specific content from the Services or the ability to share content from the Services or your User Generated Content posted at the Services with a third party, which may be publicly posted on that third party’s website. Using this functionality typically requires you to login to your account on the third-party website and you do so at your own risk.
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Services (or any portion thereof) and/or the information, materials, products and/or services available through the Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICES OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SERVICES. THE SERVICES AND ALL OF ITS CONTENT (INCLUDING USER GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, MAURICES, ANY OF ITS AFFILIATES AND SUBSIDIARIES, DIVISIONS, JOINT VENTURES, LICENSORS, AND THIRD-PARTY SERVICE OR CONTENT PROVIDERS AND EACH OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, AND AGENTS, ITS AFFILIATES, (“MAURICES AFFILIATES”) DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THE SERVICES, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MAURICES AND THE MAURICES AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THE SERVICES; (C) THAT THE CONTENT OF THE SERVICES IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THE SERVICES WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SERVICES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
MAURICES AND THE MAURICES AFFILIATES DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR STATEMENTS, ADVICE AND OPINIONS MADE BY ANYONE OTHER THAN AUTHORIZED MAURICES SPOKESPERSONS. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVICE OR OPINIONS CONTAINED IN USER GENERATED CONTENT AND SUCH STATEMENTS, ADVICE AND OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE AND OPINIONS OF MAURICES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICES, THE CONTENT, THE USER GENERATED CONTENT AND THE PRODUCTS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON OR THROUGH THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS MAURICES ON ITS OWN BEHALF AND ON BEHALF OF THE MAURICES PARTIES, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES, CONTENT, USER GENERATED CONTENT OR ANY OF THE PRODUCTS OR SERVICES THAT AVAILABLE ON OR THROUGH THE SERVICES OR THAT ARE PROMOTED OR ADVERTISED ON THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
THIS DISCLAIMER OF LIABILITY APPLIES, WITHOUT LIMITATION, TO DAMAGES THAT RESULT FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAURICES AND THE MAURICES PARTIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MAURICES OR THE MAURICES PARTIES SHALL NOT EXCEED TEN DOLLARS ($10.00).
The Services gives you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
You agree to indemnify, defend and hold Maurices and the Maurices Parties, and their respective officers, agents, partners and employees, harmless from any loss, damage, costs liability, claim, demand, proceeding, action or expense (including reasonable attorneys’ fees) brought, made or threatened by any third party against Maurices and/or the Maurices Parties due to, in connection with or arising out of (i) your use, misuse or access to the Services; (ii) your breach or violation of these Terms, including without limitation, any breach of your obligations, representations and warranties set forth above; (iii) your infringement or other violation of any third party right, including without limitation, intellectual property, property or privacy right; (iv) any claim that any of your User Generated Content or other materials caused damage to Maurices, a Maurices Party or any third party, including without limitation, if any material that you post using the Services causes us to be liable to another; (vi) any transaction you conduct on or through the Services or as a result of the contact facilitates by the Services; or (vii) any activity using your email address and password by you or any other person accessing the Services, the Content, the User Generated Content or any other information or materials using your account, email address, or other contact information . We reserve the right to assume the exclusive defense of any such claim, and you agree to provide us with such reasonable cooperation and information as we may request. You will not in any event settle any claim without the prior written consent of Maurices.
Mandatory Binding Individual Arbitration. Except as expressly provided below, you agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between you and Maurices (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
Waiver of Class Actions. You and Maurices each agree that each party will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
Waiver of Jury Trial. Each party waives its constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
Opt-out. You may opt out of this Arbitration Agreement if you send Maurices a signed, written opt-out notice within thirty (30) days of your initial visit to the Services. Any opt-out notice shall be sent to Maurices at: Maurices Customer Service, 425 W. Superior St, Duluth, MN 55802.
Small Claims Not Subject to Arbitration. Either party may bring individual Claims in small claims court.
Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
Arbitration Provider. Each party will initiate arbitration before JAMS, Inc. (“JAMS”) or any successor to JAMS, which is an alternative dispute resolution provider (“ADR Provider”). In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case.
Arbitration Rules. The arbitration will be conducted under the JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules are in conflict with this Arbitration Agreement.
Arbitration Location. If an in-person hearing is required, then it will take place in Minneapolis, MN, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence), unless the claimant primarily resides outside the United States (in which case the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings).
Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
Arbitrator’s Authority and Award. The arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any Claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider’s Rules, and this Arbitration Agreement. The arbitrator will issue a written award and reasoned statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. Any award will be subject to judicial confirmation or entry in any court having jurisdiction.
Governing Law. This Arbitration Agreement is governed by the Federal Arbitration Act and federal arbitration law.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to, the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement or to enforce an arbitration award.
Canadian Residents Only. Laws of certain provinces of Canada limit or prohibit required arbitration and waivers of class actions; accordingly, the Arbitration Agreement is limited or restricted, if at all, for applicable Canadian residents to the extent of applicable Canadian laws.
These Terms are not assignable, transferable or sublicensable by you except with the prior written consent of a duly authorized Maurices employee.
Our failure at any time to require performance of any provision of these Terms or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by Maurices of any breach of any provision of these Terms or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.
These Terms shall be governed by and construed in accordance with the internal laws of the State of Minnesota without giving effect to any choice or conflict of law provision or rule. For any dispute that is not subject to the Arbitration Agreement herein, the parties hereby submit to and consent to the jurisdiction of the State of Minnesota and agree that such litigation shall be conducted in the courts of St. Louis County, Minnesota, or the federal courts for the United States for the District of Minnesota.
If you have any questions about these Terms or the Services,
please send us an email: email@example.com;
write us at: Maurices Customer Service, 425 W Superior St., Duluth, MN 55802;
or call us at 1-866-977-1542.