Welcome to www.elysewalker.com (the “Website”), which is owned and operated by Capretto LLC a California limited liability company (dba elysewalker.com, elysewalker, and TOWNE by elysewalker) (collectively “Capretto”, the “Company”, “we”, “us” or “our”). All references to the Website include this URL, as well as micro-sites related to this URL, as well as other websites or pages owned by the Company. All references to the Company include the affiliates of the Company.
THIS AGREEMENT GOVERNS NOT JUST USES OF THE WEBSITE, BUT ALL INTERACTIONS WITH THE COMPANY, WHETHER ON THE WEBSITE, OR IN STORE, OR OVER THE PHONE, OR IN ANY OTHER METHOD. THIS AGREEMENT APPLIES TO ALL PURCHASES OF OUR PRODUCTS, WHETHER THROUGH THE WEBSITE, IN-STORE, THROUGH CLIENT SERVICES, THROUGH A STYLIST, OR OTHERWISE. PLEASE CAREFULLY REVIEW THIS AGREEMENT, SO THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE, AS WELL AS THE USE OF OUR SERVICES AND PURCHASES OF OUR PRODUCTS, INCLUDING IN STORE.
YOUR INTERACTIONS WITH US MAY INCLUDE CORRESPONDENCE BY TEXT. PLEASE NOTE THAT STANDARD TEXT MESSAGE RATES MAY APPLY AND YOU ARE RESPONSIBLE FOR ANY COSTS OR FEES INCURRED IN CONNECTION WITH SENDING OR RECEIVING TEXTS TO OR FROM US.
This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for any purpose, as well as any visitor, purchaser, or other who visits our stores, or utilizes our services, or otherwise purchases our goods or services, or is a prospective consumer of our goods or services (“User” or “you” or “your”). The Company provides this Agreement to notify all such users of the Company’s terms and conditions which govern their use of this Website and/or any purchase or any other uses of any of the Company’s Products.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND ANY OF OUR PRODUCTS IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THIS WEBSITE.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF ALL PRODUCTS. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
By visiting this Website, you agree to the following:
1. DEFINITIONS. In addition to all other defined terms in this Agreement, the following terms have the following meaning:
(i) “Access Right” has the meaning set forth in Section 2 herein.
(ii) “Capretto Account” or “Capretto Account of a Capretto Purchaser” has the meaning set forth in Section 5 herein.
(iv) “Products” has the meaning set forth in Section 5 herein.
(v) “Capretto Purchaser” has the meaning set forth in Section 5 herein.
(vi) “Company IP Assets” has the meaning set forth in Section 3 herein.
(vii) “Content” has the meaning set forth in Section 2 herein.
(viii) “Server” or “Company Server” means the computer software or hardware that serves and hosts the Website to users across the Internet.
(ix) “Purchase” or “order” have the meaning set forth in Section 5 herein.
(x) “User” has the meaning set forth above in this Agreement; for clarity, the term ”User” shall include any Capretto Purchaser who uses this Website to procure any Products as contemplated by Section 5 of this Agreement.
2. ACCESS; CONDITIONS TO USE OF THIS WEBSITE.
2.1 Subject to all of the terms and conditions of this Agreement, Company hereby grants to a User a non-exclusive, revocable, and limited right to access and use this Website, including without limitation the use of this Website to procure any of the Products, in strict compliance with this Agreement (“Access Right”) or with any other agreement that the User has entered into with the Company. The Company reserves the right to suspend or revoke this Access Right at the Company’s discretion without notice. Notwithstanding the foregoing Access Right, Company also has the right to change, suspend, or discontinue any (or all) aspects or features of this Website at any time, and from time to time, including the availability of any content or features on this Website or of any of the Products made available through this Website. This Access Right granted to a User under this Agreement will immediately terminate upon the expiration, cancellation or termination of this Agreement for any reason.
2.2 User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access this Website, including, without limitation, Internet connections, modems, hardware, software, and long distance or local telephone service.
2.3 As a condition of each user’s use of this Website (including without limitation the use of this Website to procure any of the Products), each user hereby covenants to Company that: (a) User shall not use the Website or any Products: (i) for any unlawful purpose or for any purpose that is prohibited by this Agreement; or (ii) in any manner that could damage, disable, overburden, or impair this Website or any Servers, or that would interfere with any other party's use and enjoyment of this Website; and (b) User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website.
2.4 Notwithstanding any assistance that Company may provide, the User assumes sole responsibility for the uploading and updating of any Content of that User (if any) as may be available through this Website or Application.
2.5 Users further agree as follows:
2.5.1 Without limiting the generality of the foregoing, each user agrees to all of the following provisions: (a) User will not upload to, distribute or otherwise publish through this Website any data, information, messages, text, photos, graphics, videos, messages, tags, works, material or any other content, including, without limitation, any personal identifiable information (collectively, "Content") that is unlawful, libelous, defamatory, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, obscene, or otherwise objectionable; (b) User will not upload or transmit any Content that would violate the rights of any party, would constitute or encourage a criminal offense, or would otherwise create liability or violate any local, state, federal or international law, (c) User will not upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party anywhere; (d) User will not impersonate any person or entity or otherwise misrepresent the User’s affiliation with a person or entity; (e) User will not distribute or publish unsolicited promotions, advertising, or solicitations for any goods, services or money, including junk mail and junk e-mail; (f) User will not use this Website for purposes not authorized by Company; and (g) User will not use this Website or Application for any illegal purpose or any fraudulent scheme or transaction.
2.6 Without limiting the generality of any other provisions herein, User agrees to all of the following provisions: (a) Users are prohibited from violating or attempting to violate the security of this Website or any Company Server (as defined herein), including, without limitation, (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host, or network; or (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (b) any violations of any system or network security (including, but not limited to, that of this Website or any Company Server) may result in civil or criminal liability; and (c) Company has the right to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. Company also reserves the right to cooperate with any and all law enforcement agencies, including complying with warrants, court orders and subpoenas and disclosing to law enforcement agencies any information about any User and anything a User does with respect to this Website. By User’s use of this Website, each User authorizes Company to take such action.
2.7 In the event this Website, now or in the future, allows User to upload, transmit, or otherwise contribute any Content to the Website, User hereby represents and warrants to Company that User has the lawful right to distribute and reproduce such Content. Also, User is solely responsible for its conduct (and the conduct of its users) while using the Website, including, but not limited to, all Content in any folders or web pages (if any), or through any other transactions or interactions User generates, transmits, or maintains via the Website. Company takes no responsibility for any such online distribution or publication by User or by any other party. Company cannot and will not review every message or other Content that User or any other party may generate or post, and Company is not responsible for the Content thereof.
2.8 In addition to any other right to terminate this Agreement, Company hereby has the absolute right to immediately terminate, without warning, any account that it believes, in its sole discretion, breaches any of the provisions of this Section
3. COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL PROPERTY RIGHTS; RESERVATION OF RIGHTS.
3.1 The Company’s policy is to respect the copyright, trademarks, and intellectual property rights of others. Company has the absolute right to (i) immediately terminate, without warning, all rights (including, without limitation, all Access Rights and any rights of any User who (in Company’s determination) appear to infringe upon the copyright, trademarks, or intellectual property rights of others, and/or (ii) remove any such Content from a User from the Website, in Company’s determination, may infringe the copyright, trademarks, or other intellectual property rights of any third party.
3.2 Each User agrees to the following:
3.2.1 Company or its licensors own all rights, title and interest, in the U.S. and elsewhere, in and to all trademarks, service marks (whether registered or common law marks), logos, and any other trade names displayed on or in the Website and/or displayed or embodied in any and all of the Products (hereinafter collectively referred to as “Trademarks/Trade Dress”). Users shall not use any Trademarks/Trade Dress in connection with any product or service that is not owned by the Company in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in the Website or in any Capretto Product are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
3.2.2 All content included on or made available through the Website or in any other material associated with any Products, including without limitation any text, graphics, logos, page headers, button icons, scripts, images, audio clips, digital downloads, and data compilations, and all copyrights contained or arising out of the foregoing, is and shall remain the sole property of the Company or its licensors and are protected by United States and international copyright laws (collectively, “Works”).
3.2.3 Without limiting the provisions of Section 3.2.1 or 3.2.2 above, User hereby acknowledges and agrees that the Company or its licensors are the sole owners, worldwide, of all Trademarks/Trade Dress (as defined in Section 3.1.1 above), all Works (as defined in Section 3.1.2 above), and any and all other inventions, patents, logos, images, graphics, photos, videos, icons, content, features, functionalities, data, processes, techniques, software, website designs, copyrights, works, and all other intellectual property provided in, made available by using, or otherwise contained or embodied in, all the Websites or otherwise used by Company in association with or in the furtherance of any Products or any other aspect of Capretto’s business (collectively “Company IP Assets”).
3.3 The Company IP Assets are protected by the copyright, patent, trademark, and/or other intellectual property laws of both the United States and other countries. This Agreement shall not be interpreted to: (i) grant any rights to any User in or to any of the Company IP Assets except for the limited Access Right set forth and subject to the terms and conditions of Section 2.1 of this Agreement; or (ii) transfer any rights in any Company IP Assets or in any other Company intellectual property rights from Company to any Users.
3.4 Company IP Assets may not be used by User without the prior written permission from the Company, and then only with proper acknowledgement. Any rights not expressly granted herein to User are reserved to Company. In addition to any other conditions on User’s Access Right as set forth in this Agreement, User’s Access Right is subject to the following additional conditions: (i) User shall not modify, disassemble, decompile or reverse translate or create derivative works from any of the Company IP Assets or otherwise attempt to derive any source code of the same or let any third party do the same; (ii) no copyrighted material, content, or any other Company IP Assets may be downloaded, modified, copied, displayed, transferred, distributed, sold, published, broadcast or otherwise used except as expressly stated either in such materials or in this notice without the express prior written permission of Company (which Company may or may not grant in its sole discretion); (iii) User shall not remove, alter, cover or obscure any copyright notices or other proprietary rights notices of Company or any other party placed on or embedded in the Company IP Assets and shall otherwise retain all such notices on all copies of the same; and (iv) use of any of the Company IP Assets is prohibited unless User is an authorized User in good standing. Unauthorized use is a violation of copyright and other intellectual property rights and is actionable under law.
3.5 User agrees to keep strictly confidential all Company IP Assets that have not been made publicly available by Company. User also acknowledges and agrees that the terms and conditions of this provision shall survive the cancellation, expiration or termination of this Agreement for any reason.
4.1 User agrees that: (i) if the User has any User Content or any User login or password that it uses in association with this Website (including without limitation in association with any Capretto Account of an Capretto Purchaser), then User is solely responsible for maintaining the confidentiality of the same; and (ii) if the User has any login or password associated with this Website (including without limitation in association with any Capretto Account of an Capretto Purchaser), then User (a) is solely responsible for all uses of its login and password regardless of whether these uses are authorized by User, and (b) User will immediately notify Company of any unauthorized use of the User’s login and password.
4.3 Without limiting any other provisions of this Agreement, all of the terms and conditions of the following are hereby incorporated into this Agreement by this reference:
5. PURCHASE OF PRODUCTS; CAPRETTO ACCOUNTS.
5.1 YOUR CAPRETTO ACCOUNT.
5.1.1 REGISTRATION OF A CAPRETTO ACCOUNT. You may access most areas of the Website and purchase goods or services offered for sale by Capretto to you, including but not limited to through the Website or in store (the “Products”), without registering an account with us, but certain areas and features of the Website will only be available to you if you register for an account (an “Capretto Account”). If you choose to register for a Capretto Account, you agree to complete the initial account registration process according to the requirements stated on the Website, and to provide accurate and complete information including, but not limited to, your legal name, and email address.
5.1.2 CLOSING A CAPRETTO ACCOUNT. You may voluntarily close your Capretto Account at any time by canceling it on the Website or by sending us an email to firstname.lastname@example.org in which you request that we terminate your Capretto Account.
5.1.3 CAPRETTO'S RIGHT TO CLOSE CAPRETTO ACCOUNTS. We have the right to disable any Capretto Account at any time upon any of the following events:
As a result of the Company exercising any other right it has to terminate this Agreement as contemplated by Section 12 of this Agreement.
5.2 GENERAL PURCHASING CONDITIONS.
5.2.1 PURCHASES. When making a purchase of any Products (a “purchase” or “order”), including without limitation when you make any payments for an order using any third party payment solutions provided through the Website, you must provide accurate and complete information (including your full and proper name) as required when making that order and when otherwise using a credit card or other payment card (such as the payment cardholder name, payment card number, expiration date, and if requested, payment card security code) at the time of submitting your order form. You represent and warrant to Capretto that your use of a payment card in connection with any purchase you make on or through the Website (including without limitation any credit card payments you make for an order using any third party payment solutions) is authorized and legal.
5.2.2 ACCOUNTS. As part of, and in order to complete, the purchase of Products, you must either: (i) use your Capretto Account in order to complete your purchase of the Products: or (ii) provide any and all information that is required by this Website in order to complete your purchase of the Products as a guest purchaser who does not have an Capretto Account. For your protection, you must keep your user name and password secret. You must immediately notify us at email@example.com if you learn or suspect that the security of your user name or password has been breached. You are responsible for any loss or damage arising from your failure to protect your user name or password.
5.2.3 PRICING AND PRODUCT ERRORS/CORRECTIONS. We endeavor to present current, accurate, and reliable information regarding our products. However, on occasion, this site may contain errors, inaccuracies, or omissions that may be with regard to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct errors or to update product information at any time without prior notice. If a product is listed at an incorrect price due to an error on this site, to the fullest extent allowed by law, we reserve the right to refuse or cancel any orders placed for any product listed at the incorrect price. Further, to the fullest extent allowed by law, we reserve the right to refuse or cancel any such orders, regardless of whether the order has been confirmed and your method of payment charged. If your method of payment has already been cancelled, we will issue a credit to your original method of payment for the amount of the incorrect price.
5.2.4 MARKDOWNS. From time to time, Company may, in its discretion, take seasonal markdowns or grant other discounts or deductions. Prices are as marked, and reflect the granted discount.
5.2.5 SHIPPING FEES AND TAXES. Prices displayed through the site do not include taxes or shipping charges. For orders shipping within the US, sales tax will be charged at checkout on orders shipping to states where sales tax is required to be collected by law for online purchases. Orders shipped to AZ, CA, CO, CT, DE, DC, FL, GA, HI, IL, MA, MI, MN, MS, NE, NV, NJ, NY, OH, PA, TN, TX, UT, VA, WA, or WY will have all applicable local and state sales taxes added to your total order, and to your shipping.
5.2.6 NOT FOR RESALE. You are expressly prohibited from using this Site to purchase any product for purposes of resale by you or any other person, and we expressly disclaim all warranties for claims for damages or otherwise, including all direct of consequential damages resulting from your intent to, attempt to, or actual resale of any product purchased from the Site.
5.2.8 BACK IN STOCK NOTIFICATIONS. If you use the ‘notify me’ feature for any specific items, we will send you updates to let you know when it will be available. This notice will be sent to the email you give us when you are getting ready to check out. Our products sell out quickly, so product availability is not guaranteed.
5.2.9 PROMOTION CODES. Only one promotion code may be used on any given order – promotion codes cannot be stacked. Promotion codes cannot be applied to previous purchase and may not be used for the purchase of physical gift cards or e-gift cards. Promotion codes are non-transferable and there is no cash alternative. Promotions codes must be redeemed by the date published, if provided. Some promotion codes may only be used online and may not be valid at elysewalker or TOWNE by elysewalker stores.
5.2.10 PERSONAL DISCOUNT CODES. If you are given a personal, individualized discount code by Company, in Company’s sole discretion the discount code is not transferrable. The discount cannot be applied to previous purchases or the purchase of physical gift cards or e-gift cards and may not be redeemed for cash. Additionally, the discount code cannot be combined with any other promotion or discount. The discount cannot be applied to previous purchases or the purchase of gift cards and cannot be redeemed for cash or combined with any other offer. To redeem, create an Account on elysewalker.com using the email address we use to share your personal discount code with you, and once logged in to elysewalker.com with this email address, complete checkout. Your personal discount will be automatically applied in your cart. Terms of your personal discount may differ between elysewalker.com and elysewalker and TOWNE by elysewalker stores. Additional terms and conditions related to discount codes may apply.
5.9.11 MEMO PROGRAM. If you are enrolled in our Memo program, you will be required to be pre-authorized in our PCI Compliant Ceritfy.net system. With each Memo box, you will be granted a time to review the selection of items and try them on. Company will charge the credit card on file for all items not returned and received by Company within the return window, which is currently three (3) business days from the date of delivery in California, and seven (7) business days from the date of delivery for all other states. Company may change this return window at any time. You will be charged the retail price for each item they retain, plus any applicable taxes and shipping fees. Company reserves the right to discontinue the Memo program, decline shipping items on memo, to refuse any and all current or future use of the Memo Program Service, and not to do business with any customer as Company deems appropriate in its sole discretion for any reason.
5.2.12 GIFT CARDS. Company provides two types of gift cards: a physical gift card, purchase in store, as well electronic, or “e-gift cards”. The terms and conditions for the gift cards may vary, so please review the below carefully before your purchase.
Physical Store Gift Cards. Gift cards do not expire and may not be returned and may not be redeemed for cash except as required by law. There are no associated fees with gift cards. If lost, stolen or damaged, gift cards may be replaced for the remaining value with proof of purchase. Company will not be responsible if your gift card is used without your permission. Please contact us at firstname.lastname@example.org. Title to and risk of loss for gift cards pass to the purchaser upon sale. Please treat your gift card like cash and safeguard it accordingly. Company and its affiliates reserve the right to refuse to accept a gift card that is believed to have been fraudulently obtained.
E-Gift Cards. E-gift cards and physical gift cards do not expire. They may not be returned or redeemed for cash except as required by law. If you order an e-gift Card you are obligated to provide a correct email address for delivery. Title to and risk of loss for gift cards pass to the purchaser upon sale. Please treat your gift card like cash and safeguard it accordingly. We reserve the right to refuse to accept a gift card that is believed to have been fraudulently obtained. If you return items purchased all or in part with an elysewalker.com e-gift card, Company will issue the user a new e-gift card for the amount tendered on the original gift card.
The gift cards can be used until the balance of the card is zero. If the balance of the card is zero for three months, the Gift Card is invalid and cannot be activated or used again. With regard to all gift cards, Company reserves the right to limit transfers of the gift card, and may only honor the gift card through the original purchaser or designated gift recipient. If Company suspects that there is fraud associated with the use of a gift card, Company may decline to accept the gift card.
5.3 SHIPPING & DELIVERY TERMS; RISK OF LOSS.
5.3.1 Additional terms and conditions for the shipping and delivery of orders can be found in our [Shipping & Delivery Policy – www.elysewalker.com/pages/shipping] and our [FAQ – www.elysewalker.com/pages/faq] (collectively, the “Shipping and Delivery Terms”), and all such Shipping and Delivery Terms are hereby incorporated by this reference in this Agreement and hereby governs all orders for all Products.
5.3.2 We insure each purchase during the time it is in transit until carrier’s delivery notification to your specified delivery address, at which point responsibility for your purchased goods passes to you. The goods are your responsibility from the time we deliver them to the address specified on the order. We require a signature for certain orders and merchandise. In this event your acknowledgment will be required before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm Company’s carriers can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize Company’s carriers to leave the package(s) at the shipping address without obtaining a signature and release and indemnify Company from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.
5.3.3 We may at our sole discretion change, add, or delete portions of our Shipping and Delivery Terms at any time (“Changes to Shipping & Delivery Terms”). It is your responsibility to check our Shipping and Delivery Terms for any Changes to Shipping & Delivery Terms prior to making a purchase of Products, and in any event your placement of an order following the effective date of any such Changes to Shipping & Delivery Terms constitutes your acceptance of any such Changes to Shipping & Delivery Terms.
5.4 RETURNS POLICY. We accept returns but certain terms and conditions apply. All terms and conditions for the return of Products can be found in our Returns & Exchanges Policy (our “Returns & Exchanges Policy”), and such Returns Policy is hereby incorporated by this reference in this Agreement and hereby governs all orders for all Products. We may at our sole discretion change, add, or delete portions of our Returns Policy at any time (“Changes to the Returns Policy”). It is your responsibility to check our Returns Policy for any Changes to the Returns Policy prior to making a purchase of Products, and in any event your placement of an order following the effective date of any such Changes to the Returns Policy constitutes your acceptance of any such Changes to the Returns Policy. We monitor the number of returns made by customers. We may, at our discretion, close your elysewalker account or refuse future orders if we deem your return patterns to be excessive.
6. DISCLAIMER OF WARRANTIES. THE WEBSITE, ANY OTHER CAPRETTO IP ASSETS, THE PRODUCTS, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ASSOCIATION WITH THE PRODUCTS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY OF THE COMPANY IP ASSETS OR THEIR CONTENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, OTHER CAPRETTO IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OF THE WEBSITE OR THE COMPANY SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OTHER CAPRETTO IP ASSETS, THE PRODUCTS , OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
7. LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER CAPRETTO IP ASSETS, THE PRODUCTS , OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, OTHER CAPRETTO IP ASSETS, THE PRODUCTS, AND THEIR CONTENT IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM A USER UNDER THIS AGREEMENT.
8. INDEMNIFICATION. Each user hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Agreement or your use of the Website, any other Capretto IP Assets, the Products or any content provided therein.
9. ACCESSIBILITY STATEMENT. The Company is committed to providing outstanding service to people with disabilities — and want everyone to be able to access and use this Website (including without limitation procuring any Products through this Website).
THE FOLLOWING SETS FORTH THE CAPRETTO’S ACCESSIBILITY STATEMENT FOR THIS WEBSITE:
We are committed to making our website as accessible as possible to people with special needs, including those with visual, hearing, cognitive and motor impairments. We're constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users.
We always make sure that our website follows accessibility best practices by following the principles of universal design. This ensures the site is flexible and adaptable to different users’ needs or preferences and is accessible through a variety of different technologies, including mobile devices or assistive technologies.
Web Content Accessibility Guidelines (WCAG) 2.0
We are committed to accessibility and believe that all of our consumers should be able to fully and completely access and use elysewalker’s digital offerings. This is an ongoing commitment, and elysewalker will continue its efforts to ensure its website is accessible to, and usable by, all persons including those with disabilities.
Wherever possible, we leverage Web Accessibility Developer Tools to ensure WCAG 2.0 compliance is met, and use general best practices provided by Web Content Accessibility Guidelines.
We welcome feedback on your experience on this site. If you have any accessibility comments or concerns, or if you would like to request any modifications, please let us know: email@example.com
Give Us Your Feedback
We are committed to providing an accessible service. If you experience problems or have any suggestions for improvement, please get in touch with us. We do continuous improvement based on your feedback.
Phone: (424) 410-7064
Please note we are available 9AM-6PM PST (Monday – Friday)
We will do our best to respond to feedback within 3 business days.
10. LINKS TO THIRD-PARTY WEBSITES. This Website may contain links to third-party websites. These links are provided for your convenience only. Company has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Website, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
11. GOVERNING LAW; JURISDICTION. READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
11.2 JURISDICTION. You hereby expressly agree that exclusive jurisdiction for any claim or dispute with us (or any of our affiliates) or relating in any way to your use of the Site or any Services resides in the courts of the County of Los Angeles, State of California, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of Los Angeles, State of California, in connection with any such dispute and including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. YOU AGREE THAT ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO YOUR USE OF THE SITE OR OUR SERVICES, ANY PURCHASE, OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM OR CAUSE OF ACTION AROSE.
13. MISCELLANEOUS PROVISIONS.
13.1 ENTIRE AGREEMENT; WAIVER; SEVERABILITY. This Agreement constitute the entire agreement between Company and each User with respect to the subject matter hereof, and supersedes and replaces any prior agreements we might have had between us regarding such subject matter. Company’s failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights. If any provision of this Agreement is held to be invalid or unenforceable by a court, the remaining provisions of this Agreement will remain in effect.
13.2 REMEDIES. User acknowledges that monetary damages may not be a sufficient remedy for unauthorized use of the Site or any of the Services and therefore User agrees that Company shall be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court or arbitration panel of competent jurisdiction without necessity of posting a bond and without having to plead and prove lack of an adequate remedy at law.
13.3 ATTORNEY FEES. If any suit or action is filed by any party to enforce this Agreement or otherwise with respect to the subject matter of this Agreement, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court and, if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.
13.4 BINDING EFFECT; NO ASSIGNMENT BY CLIENT; PERMISSIBLE ASSIGNMENT BY THE COMPANY. This Agreement shall be binding upon and inure to the benefit of each party’s respective successors and lawful assigns; provided, however, that User may not assign this Agreement, in whole or in part, without the prior written consent of Company (which it may or may not grant in its discretion). Any purported assignment in violation of this Section shall be void. Company shall have the right to assign this Agreement, or any part of it, in its sole discretion to any party, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by such successors and assigns.
13.6 COMPANY’S DIGITAL MILLENNIUM COPYRIGHT ACT POLICY. Each User hereby acknowledges and agrees that in addition to any of the other terms and condition set forth in this Agreement, all of the terms and conditions of the Company’s Digital Millennium Copyright Act Policy (a copy of which is available by this link are hereby incorporated in their entirety into this Agreement by this reference.
TERMS AND CONDITIONS FOR MOBILE MESSAGING SERVICE
CAPRETTO, LLC., a California limited liability company (“Company” , “We” , “Us” or “Our”) offers its shoppers or other customers, including without limitation those using the Company’s website at www.elysewalker.com (the “elysewalker website”) a mobile messaging program which may (now or in the future) offer short message services and/or multimedia message services to these shoppers or other customers which contain information about the Company’s products, services or events, as more fully described below (the "Service").
BY OPTING INTO, OR BY OTHERWISE PARTICIPATING IN, THE SERVICE, YOU (“YOU”, “USER” OR YOUR”) HEREBY: (I) ACCEPT AND AGREE TO BE BOUND BY ALL OF THE PROVISIONS IN THIS TERMS AND CONDITIONS (“MOBILE TERMS”); AND (II) CONFIRM AND AGREE THAT THESE MOBILE TERMS SHALL GOVERN YOUR USE OF THE SERVICE.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THESE TERMS & CONDITIONS POLICY WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THESE TERMS AND CONDITIONS, THEN YOU SHOULD NOT USE THE SERVICE. THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THESE TERMS AND CONDITIONS FOR YOUR RECORDS.
WE MAY MODIFY OR CANCEL THE SERVICE OR ANY OF ITS FEATURES WITHOUT NOTICE.
AS SET FORTH IN MORE DETAIL IN SECTION 9 BELOW, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAY ALSO MODIFY THESE MOBILE TERMS AT ANY TIME AND YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF ANY SUCH CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.
- User Participation in the Company’s Service.
By opting into or by otherwise participating in the Company’s Services, you hereby agree to receive recurring SMS/text messages from and on behalf of the Company through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this Service in order to make any purchases with the Company, and your consent is not a condition of any purchase with the Company (including without limitation any purchases through the Company’s elysewalker website). Your participation in this Service is completely voluntary.
- Content You May Receive Through the Company’s Service.
Once you have opted-in or otherwise participate in the Company’s Service (as noted above), you hereby acknowledge and agree that you may receive mobile alerts/mobile messages from the Company regarding any of the following matters:
- Information or notifications related to any of your purchases of goods or services from the Company, including any through the elysewalker website; or
- Sales information, marketing information, promotional information, or any other announcements regarding any of the Company’s goods or services or its business in general; or
- Any other information about any other Company-supported events or activities.
- Opting-0ut of the Company’s Service.
You may opt-out of the Service at any time. Text the single keyword command STOP to 73923 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other mobile message programs offered by the Company and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms and you may continue to receive text/mobile messages from those other programs that you have joined until you separately unsubscribe/opt-out from those other programs.
Your opt-out request may generate either a confirmation text or a texted request to clarify the text message program to which it applies (if you have more than one). To properly complete your opt-out request, please provide the requested clarification, otherwise your opt-out may not be effective.
You hereby further acknowledge and agree that: (i) the text message platform used for the Company’s Service may not recognize and/or may not respond to opt-out requests that do not include the STOP keyword command; and (ii) the Company and its service providers will have no liability for failing to honor any opt-out request which does not company with this Section 3; and (iii) these Mobile Terms shall survive if You withdraw any consent You previously gave to the Company or if you opt-out of any of the Company’s Services.
Additional Terms Governing the Service.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider.
Duty to Notify Company; User’s Indemnify:
6.1 If at any time You intend to stop using the mobile telephone number that has been used to subscribe to the Company’s Service (including without limitation canceling Your service plan or selling or transferring your phone number to another party), You hereby agree that You will complete the User opt-out process set forth in Section 3 above prior to ending Your use of such mobile telephone number. You understand and agree that Your agreement to do so is a material part of these Terms and Conditions. You further agree that, if You discontinue the use of Your mobile telephone number without first completing the opt-out process set forth in Section 3 above, You hereby agree that You will be responsible for all costs (including attorneys’ fees) and liabilities incurred by the Company, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of the Company’s Services.
6.2 YOU FURTHER AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD THE COMPANY HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 6 OR YOUR FAILURE TO NOTIFY THE COMPANY OF ANY OTHER CHANGE IN THE INFORMATION YOU HAVE PROVIDED TO THE COMPANY, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM THE COMPANY ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Company’s Disclaimer of Warranty: In addition to any other limitation of liability or disclaimers by the Company in any other agreement to which You may be a party, You hereby acknowledge and agree as follows: (i) the Company’s Services are offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by Your wireless carrier; (ii) the Company will not be liable for any delays or failures in the receipt of any mobile messages connected with its Messaging Services; and (iii) delivery of mobile messages is subject to effective transmission from Your wireless service provider/network operator and is outside of the Company’s control.
Prohibited Content; Prohibited Activities. In addition to any other terms, conditions or restrictions on your use of the Company’s Services as set forth in these Mobile Terms (or in any other agreement to which You may be a party), You hereby acknowledge and agree that You will not send any prohibited content over the Company’s Services and that You will not engage in any prohibited activities over the Company’s Service, including but not limited to the following prohibited content or prohibited activities: (i) Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; (ii) Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; (iii) Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; (iv) Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; (v) Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and (vi) Any other content that is prohibited by any applicable laws or regulations in the jurisdiction from which the message is sent.
Changes to these Terms and Conditions. These Mobile Terms may be changed from time to time or at any time by the Company (a “Change”). The Company reserves the right to change it without notice to a particular User. YOU HEREBY AGREE THAT YOU ARE BOUND BY THE VERSION OF THESE MOBILE TERMS THAT IS IN EFFECT AT THE TIME YOU FIRST USE THE COMPANY’S MESSAGING SERVICE. THE PROVISIONS OF THESE MOBILE TERMS MAY BE DIFFERENT THE NEXT TIME YOU USE THE COMPANY’S SERVICE. THUS, ANY USE OF THE COMPANY’S SERVICE BY YOU AFTER SUCH CHANGES SHALL BE DEEMED TO CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES TO THESE MOBILE TERMS. EACH USER SHOULD THEREFORE REGULARLY REVIEW AND PRINT THESE MOBILE TERMS FOR THE USER’S RECORDS.
Service Support or Assistance.
For Service support or assistance, text HELP to 73923 or email firstname.lastname@example.org
14. CONTACT INFORMATION. If you have any questions about the Website or this Agreement in general, please contact us by any of the following methods:
Or by mail to: Capretto LLC Atten: Client Services Department 11240 Playa CT. Culver City, CA 90203