Terms of Use - FAUBOURG

TERMS OF USE

Welcome to the FAUBOURG website, shopfaubourg.com, which is owned and operated by Faubourg LLC (“FAUBOURG”, “we”, “us”). These terms and conditions of use (the “Terms”) govern your use of the Website, its content, services and products, as well as any mobile application offered by us (the “Services”). Please note that accessing or using the Services constitutes your agreement to follow and be legally bound by these Terms. We therefore encourage you to take a moment to review these Terms carefully. These Terms may be updated, changed or amended at any time and without notice. In the event of material updates, we will notify you by posting a notice on the Website. It is your responsibility to review this page periodically. Your continued use of the Services after an update constitutes your acceptance of those changes. If you do not agree to these Terms, you should not use the Website.

By accessing or using the Services, including purchasing any products through the Services, you represent that you are at least eighteen (18) years old or of legal age to form a binding contract under applicable law. You further represent that you have the right, authority, and capacity to abide by these Terms and that all registration information you submit is accurate and truthful. You agree to comply with all applicable laws, rules and regulations concerning your access to and use of the Services.

USE OF SERVICES

You may use the Services solely for your personal and non-commercial use. Any use of the Services and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of FAUBOURG. You agree to only access or use the Services solely for lawful purposes as allowed by these Terms. Among other things, you may not:

Post any information which is incomplete, false, inaccurate or not your own;
Engage in conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol;
damage, disable, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use of and access to the Services;
Communicate, transmit or post material that is copyrighted or otherwise owned by a third party, unless you are the copyright owner or have permission of the owner to publish said material. As such you may not modify, copy, distribute, transmit, publicly display, reproduce, publish, license, create derivative works from, use, transfer or sell any information, products, services, software or content provided through or obtained from the Services
hack into the Services or modify another website so as to falsely suggest that it is associated or affiliated with the Services or the Website;

Communicate, transmit or post material that infringes on any other intellectual property, privacy or publicity right of anyone
Attempting to interfere in any way with the Website’s networks or network security, or attempting to use the Website’s service to gain unauthorized access to any other computer system
Communicate, transmit or post material that is in violation of applicable laws or regulations

For any portion of the Services that requires a username and/or password, you are responsible for all use of your account (under any username or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.

You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to achieve the foregoing.

PRODUCT & PRICING INFORMATION

Although we make every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor that you use, and we cannot guarantee that your monitor will accurately portray the actual colors of the products. Products displayed may be out of stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

TERMS OF SALE; RISK OF LOSS

By placing an order with us, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute our acceptance of an order. We retain the right to refuse any request made by you.

Prior to FAUBOURG’s acceptance of an order, verification of information may be required. FAUBOURG reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from FAUBOURG, for any reason whatsoever. FAUBOURG reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, FAUBOURG shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has already been charged for the purchase and the order is cancelled, FAUBOURG shall credit your account in the amount charged.

All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. FAUBOURG reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.

The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.

PERSONAL INFORMATION

Your submission of personal information through the Services is governed by our Privacy Policy, which is available here.

INTELLECTUAL PROPERTY

The website and all content, features and functionality (including but not limited to all information, software, text, displays, images, video, sounds, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of FAUBOURG and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall FAUBOURG be liable for any content or for any loss or damage of any kind incurred as a result of your use of any content made available through the Services.

The Services as a whole and all content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted in writing by FAUBOURG, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, transfer, or sell any content obtained from, through or on the Services, in whole or in part. Any use of the content, except as specifically provided in these Terms, is strictly prohibited.

CONTENT

All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, user generated content (such as comments, photographs, video, images or audio files) and any other materials provided on the Services are owned by FAUBOURG and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. FAUBOURG reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on FAUBOURG in any way except to the extent that it is specifically indicated to be so.

We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT FAUBOURG IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.

Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by FAUBOURG, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.

USER GENERATED CONTENT

We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Website, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Tumblr and Pinterest, which are tagged with any FAUBOURG promoted hashtag (collectively “User Content”) shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to FAUBOURG and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. FAUBOURG will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. FAUBOURG shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. FAUBOURG retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.

By submitting or posting User Content on the Website, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any personal information such as addresses, email addresses, phone numbers, social security numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by FAUBOURG, you agree to provide FAUBOURG with any documentation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold FAUBOURG and its officers, employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any laws or rights of a third party.

FAUBOURG acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If FAUBOURG becomes aware of any User Content that allegedly may not conform to these Terms, FAUBOURG may investigate the allegations and determine in its sole discretion whether to take action in accordance with these Terms. FAUBOURG has no liability or responsibility to users for performance or nonperformance of such activities. FAUBOURG does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge FAUBOURG and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of any kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by FAUBOURG or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, “moral rights,” or rights of attribution and integrity. You acknowledge and agree that FAUBOURG has no control over, and shall have no liability for any damages resulting from, the use or misuse by you or any third party of any User Content.

LIMITED LICENSE

You are hereby granted a non-exclusive, limited and revocable license to view the content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.

You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized in writing by FAUBOURG. Use of any of FAUBOURG’s trademarks in any way whatsoever on other networks is also strictly prohibited.

UNAUTHORIZED USE

You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.

You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

LINKING TO SERVICES

In the event FAUBOURG authorizes you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) FAUBOURG has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to FAUBOURG and its technology and content, including all ownership rights, remain the exclusive property of FAUBOURG; (4) you will be solely responsible for the data and content that you publish on your website; and (5) FAUBOURG may terminate your access to the Services at any time in its sole discretion.

We reserve the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in FAUBOURG’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEB SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND FAUBOURG EXPRESSLY DISCLAIMS ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU ARE USING THE SITE AT YOUR OWN RISK.

FAUBOURG ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY FAUBOURG OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.

ALL PRODUCTS SOLD BY FAUBOURG ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, FAUBOURG MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. FAUBOURG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.

IN NO EVENT SHALL FAUBOURG BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAUBOURG HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, FAUBOURG’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.

ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

COPYRIGHT AND COPYRIGHT POLICY

All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by FAUBOURG, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the prior written permission of FAUBOURG. Any rights not expressly granted herein are reserved by us.

FAUBOURG’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on or through our Services;
your address, telephone number, and e-mail address;
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 law;
a statement by you, made under oath, 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.

Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to FAUBOURG’s agent as set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.

FAUBOURG LLC

62 William Street 8th Floor

New York, NY 10005

INDEMNITY

You agree to indemnify, defend and hold harmless FAUBOURG, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, FAUBOURG and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. We reserve the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with FAUBOURG in asserting any available defenses.

TERMINATION OF SERVICES

In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. FAUBOURG shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.

VIOLATION OF THESE TERMS

You agree that monetary damages may not provide a sufficient remedy to FAUBOURG for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.

GENERAL LEGAL PROVISIONS

These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of New York, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the New York. Any dispute relating in any way to these Terms, your visit to the Website, or to any purchase, return or other transaction with FAUBOURG shall be submitted to arbitration in New York, New York. However, if you have in any manner violated or threatened to violate any FAUBOURG Intellectual Property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of New York. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and FAUBOURG as a result of these Terms or use of the Services.

If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. FAUBOURG’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of FAUBOURG’s right to comply with law enforcement requests or requirements.

You may not assign the Terms or any of your rights or obligations under the Terms without our prior written consent. The Terms inure to the benefit of FAUBOURG’s successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.

All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT

If you have any questions about these Terms, please email us at hello@shopfaubourg.com.

(last updated: September 21, 2017)