Terms & Conditions
EPHORIA Terms of service
The following Terms of Service (“Terms”) between you “you” and Ephoria “we,” or “EPHORIA” describes the terms and conditions on which you may access and use the EPHORIA website located at euphoria.it ”), the EPHORIA mobile app (the “App”) and related services including EPHORIA’s product rental and sale services (together with the Site, the App, and the EPHORIA Content, as defined below, the “Services”). These Terms also apply to in-store rentals and sales, which are part of the Services. By accessing or using any of the Services, you acknowledge that you have read, understood and agreed to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST ACCESSED OR USED THE SERVICES. BY CLICKING “I AGREE” OR OTHERWISE ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS.
Notice of Agreement to Arbitrate and Class Action Waiver
By accepting these Terms, you are agreeing to the arbitration agreement and class action waiver contained in Section 8 of these Terms below.
- About the Services
- Rental and Sale of Products
- Special Trial Programs
- Use of the Services
- Intellectual Property
- Disclaimer of Warranties; Limitation of Liability
- Dispute Resolution
- ABOUT THE SERVICES
Through the Services, we aim to give you access to beautiful designer clothing and accessories, nd other content to help you decide which items are perfect for you.
- Mobile Charges
To the extent you access the Services through a mobile or wireless device, your carrier’s standard charges, data rates and other fees may apply.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Site and App under the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such children may not rent or purchase any clothing or accessories (“Products”) via the Services. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the Services and the rental or purchase of any Products, including all legal liability he or she may incur.
- Modification of the Services or the Terms
EPHORIA may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, EPHORIA will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to EPHORIA upon registration.
- RENTAL AND SALE OF PRODUCTS
- General Conditions
The Services include the rental and sale of Products. This Section 2(A) sets out terms and conditions that apply to your rental or purchase of any Product.
18 YEARS OR OLDER. Products may be rented or purchased for use by individuals under 18 years of age, but we rent and sell only to adults, who may rent or purchase the Products with a payment card or other approved payment method. By clicking agreeing to these Terms, you represent that you are 18 years or older and that you are authorized to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting or purchasing the Products as described in these Terms.
LIMITS. You acknowledge and agree that we may place limits on the rental icluding but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
DELIVERY. Your Products may be ordered and couriered to you on the same day for certain orders placed by 2 p.m. for delivery in Florence. Otherwise, all deliveries outside of Florence hrough EPHORIA’s shipping partners, which may change from time to time at EPHORIA’s discretion. The shipping method used will be at the discretion of EPHORIA.
COLLECTIONS. If you do not pay the amounts you owe to EPHORIA when due, then EPHORIA will need to institute collection procedures. You agree to pay EPHORIA’s costs of collection, including without limitation reasonable attorneys’ fees.
COMMUNICATIONS. You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing [email protected]knowledge that opting out of receiving communications may impact your use of the Services.”
The following additional conditions apply to the rental of any Product.
RENTAL FEE. The rental fee (“Rental Fee”) for the Product will be the total of the rental fee, insurance charges and delivery charges listed on the Site or App for your rental of the Product. When you place your rental order for a Product, you hereby authorize EPHORIA to charge your payment card for the Rental Fee. EPHORIA will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site or App is an order for the rental of that Product, regardless of how far in advance that Product is reserved. In addition, at the time of your rental order for a Product, you hereby authorize EPHORIA to charge your payment card for an amount equal to 100% of the original retail value of the Product (when new) set forth on the Site or App (“Retail Value”) plus applicable sales taxes; provided that EPHORIA will only charge your payment card for an amount greater than the Rental Fee as described below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by you directly or, if paid by EPHORIA, shall be paid by you to EPHORIA in connection with your rental order.
CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies:
- If you cancel thirty (30) or more days in advance of the delivery date, there is no cancellation fee and you will receive a full refund issued to the payment card you used for the order.
- If you cancel less than thirty (30) days but more than fourteen (14) days in advance of the delivery date, you will not receive any refund.
- If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your EPHORIA account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $9.95.
RETURN PACKAGING. With delivery of the Product, EPHORIA will provide you with a pre-paid, pre-addressed EPHORIA carrying bag mailing envelope (as the case may be) as well as instructions for your use in returning the Products to EPHORIA (“Return Packaging”). The EPHORIA carrying case is not yours to keep. If the EPHORIA carrying case is not returned you will be charged a $50 fee (details below under “Lost Return Packaging”).
RECEIPT OF THE PRODUCTS. Upon delivery, you bear responsibility for the Product(s). If however, you opt to have the Products delivered in florence, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a Secure Shipping Address is highly recommended. means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, EPHORIA does not bear liability for Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which EPHORIA will not be liable. You will be liable for all such delays and additional delivery fees.
USE OF THE PRODUCTS. You agree to treat the Products with great care, as if it was borrowed from your close friend. You are responsible for loss, destruction or damage to the Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by the insurance you paid for with your rental of the applicable Product. If you return a Product that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Product, as determined in our discretion, up to the Retail Value for the Product.
RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to EPHORIA in the Return Packaging on or before the return date for the Products that are identified in the online invoice for your order. You may extend your order for a Product on the Site, App or by phone to EPHORIA; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. You must return the Product by delivering the Product in the Return Packaging to a UPS store located in Italy before the date that the Product is due. We are not responsible for any personal or other items left in the Products or which are returned to EPHORIA in the Return Packaging. If you believe you have accidentally or otherwise sent us any such items, please contact customer service as soon as possible.Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
LATE FEES. If you return the Products late or not at all, a late fee of fifty dollars ($50.00) will be charged to the payment card you used to pay the Rental Fee or to any other payment card included in your account information that you have provided to EPHORIA for every day that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 100% of the Retail Value plus applicable sales tax (plus the Rental Fee). The late fee is payable for each order of Products that is not returned when due, not for each Product that is the subject of the order that is late. If you have not returned a Product within twenty (20) days after the return date for the Product, your late return will be considered a non-return and EPHORIA will charge your payment card the maximum late fee set forth in this Section 2(B), less any late fees that you have already paid, plus applicable sales tax.
PAYMENT OF 100% RENTAL VALUE EPHORIA will not charge you for more than an amount equal to 100% of the Retail Value plus the Rental Fee, in the aggregate, for any charges arising under this Section 2(B), excluding collection costs. If you pay EPHORIA an amount equal to 100% of the Retail Value under this Section 2(B) and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
LOST RETURN PACKAGING. If you lose the Return Packaging, you will be responsible for returning the item at your own expense by the expected return date, and providing EPHORIA with a tracking number. Also, if you lose or fail to return the EPHORIA carrying case you will be charged $50. If you still possess the EPHORIA carrying case, it is yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any other charges payable by you pursuant to this Section 2(B).
LIMITED WARRANTIES. The following are the limited warranties EPHORIA provides in connection with Product rentals. EPHORIA’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by EPHORIA. See Section 7(A) below.
- CORRECT PRODUCTS.Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product. If we are unable to reach you, you acknowledge and agree that we may send you a replacement product of the same or greater value. Products may appear different in color and style than as displayed on the Site or App.
- CLEAN AND READY TO WEAR. The Products will be professionally cleaned and delivered ready to wear. EPHORIA dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and EPHORIA shall not be held liable for any health-related complaints associated with any Product.
- SIZING RETURNS.If your Product does not fit you, then you may return the Product to EPHORIA within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting EPHORIA and returning the Product in conformance with the return procedures above (a “Sizing Return”). EPHORIA will then issue you a credit for the full Rental Fee (less delivery charges) of the Product for a future rental by you of our Products, so long as the Product, in our sole discretion, has not been worn.
- FIRST RENTAL OF A DESIGNER’S PRODUCT.In order to provide greater assurance that a Product from a new designer (i.e., one from whom you have not previously ordered a Product through the Services) will fit properly, you may opt to order a second size of the same Product at no charge or a reduced charge, as set out on the Site or App, for the same days for which you rent the first size of that Product (a “Designer Spare”), subject to availability. In such event, any Designer Spare must be returned together with the Product with which it was ordered. These Terms apply to any Designer Spare just as to any other Product, including without limitation the requirements of this Section 2(B); provided that (i) the credits described under “Sizing Returns” will not apply to a Product or Designer Spare unless both the Product and the Designer Spare are returned together in conformance with these Terms and (ii) no credit will be issued to you for the Designer Spare unless you were originally charged for it by EPHORIA. EPHORIA may discontinue the availability of Designer Spares at any time.
- SPECIAL TRIAL PROGRAMS
- General Conditions
EPHORIA provides certain trial programs, as described under this Section 3. This Section 3(A) sets out terms and conditions that apply to your participation in any of these programs. Section 3(B) sets out additional terms and conditions that apply to the “EPHORIA Pro” service, Section 3(C) sets out additional terms and conditions for the “Unlimited” program and Section 3(D) sets out additional terms and conditions for the “StylePass Beta” program.
CHANGES TO PROGRAMS. EPHORIA reserves the right to add, remove or modify trial program benefits at any time, but we will use reasonable efforts to notify you of any material changes. In the event of any such material change, you may cancel your subscription immediately upon notice to us, and we will give you a prorated refund for the remainder of your current subscription period. Any increases in fees that we introduce will apply to subsequent subscription renewal periods. YOUR CONTINUED PROGRAM SUBSCRIPTION AFTER WE CHANGE THESE TERMS CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES.
FAILURE TO PAY FEES.. We reserve the right to pursue any amounts you fail to pay in connection with any trial program in accordance with these Terms.
TERMINATION. We may terminate any of the trial programs, or your membership in any of these programs, at any time. If we do so, we will give you a prorated refund for the remainder of your current subscription period. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms or conditions set out in these Terms or any applicable law.
- EPHORIA Pro.
The following additional terms and conditions apply if you subscribe to our EPHORIA Pro service (“EPHORIA Pro”).
EPHORIA PRO SERVICE. If you subscribe to EPHORIA Pro, you will be entitled to certain benefits when you rent Products, as more fully described here.
FEES. If you subscribe to EPHORIA Pro, EPHORIA will charge you a recurring automatic annual subscription fee. The current EPHORIA Pro subscription fee is set out here, but is subject to change at our discretion and any such change will be effective for any subsequent renewal subscription period. You hereby authorize EPHORIA or our third party payment processor to charge your payment card for the applicable EPHORIA Pro subscription fee. EPHORIA Pro subscription fees are non-refundable except as expressly set forth below. Taxes may apply on EPHORIA Pro subscription fees.
SUBSCRIPTION CANCELLATION AND RENEWAL. You may cancel EPHORIA Pro at any time, but your cancellation will be effective at the end of the current annual subscription period. This means your EPHORIA Pro subscription will continue for the remainder of that period and you will not receive a refund. Your Pro subscription renews automatically on an annual basis at the then current fee and benefits then in effect until you cancel.You may cancel or renew EPHORIA Pro or find out more information about your EPHORIA Pro subscription, including your annual expiration date.
- Unlimited Program.
The following additional terms and conditions apply if you subscribe to our Unlimited program (“Unlimited”).
UNLIMITED PROGRAM. If you subscribe to Unlimited, you will be entitled to rent up to four (4) Products at any time from a range of Products designated on the Site (such Products, the “Unlimited Program Products”), as more fully described.Products not included in the Unlimited Program are determined by us in our sole discretion. Subject to your compliance with these Terms (including payment of fees) and our right to terminate Unlimited, we do not impose any limitations on the time period during which you may keep any Product we have sent to you through Unlimited.
SUBSCRIPTION FEES. If you subscribe to Unlimited, EPHORIA will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every month at the then current fee to your payment method on file (each month, a “Subscription Period”). After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every month at the then current fee to your payment method on file. The current monthly Unlimited subscription fee is $159.00 (plus applicable taxes), but is subject to change at our discretion and any such change will be effective for any subsequent renewal Subscription Period. You hereby authorize EPHORIA or our third party payment processor to charge your payment card for the applicable Unlimited subscription fee on a monthly or recurring pre-pay basis until you cancel. The subscription fees include shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. Unlimited subscription fees are non-refundable except as expressly set forth in these Terms. Taxes may apply on Unlimited subscription fees.
UPGRADES. During any Subscription Period, you may add on the ability to rent additional Unlimited Program Products in addition to your standard four (4) Products (each, a “Extra Spot”) for an additional “Extra Spots Fee(s)” (as calculated below). You may select the number of Extra Spots you wish to purchase at any time during a Subscription Period. The Extra Spots Fee(s) shall be calculated as follows: $39.00, multiplied by the ratio of the remaining days in the Subscription Period divided by the Subscription Period, multiplied by the total number of Extra Spots (rounded up to the nearest cent). The Extra Spots Fee(s) are subject to change at our discretion. You will continue to be charged the Extra Spots Fee(s) for each Extra Spot until you remove an Extra Spots from your account. If you wish to remove Extra Spots, you must either call Customer Service at 1-800-509-0842 or remove Extra Spots through the Site or App prior to your next Subscription Period. Once you’ve removed an Extra Spot, to avoid being charged late fees, you must return the corresponding Unlimited Program Product by the end of the applicable Subscription Period for which you remove the Extra Spot (the “Extra Spot Return Date”), and you will no longer be charged the Extra Spots Fee(s) as of your next Subscription Period. If you remove an Extra Spot and fail to return the corresponding Unlimited Program Product by the Extra Spot Return Date and before the end of the subsequent Subscription Period, then as of that date you will again be charged the monthly Extra Spots Fee(s) until you remove the Extra Spot and return the corresponding Unlimited Program Product.
CANCELLATION OF YOUR MEMBERSHIP. There are no refunds to a pre-paid Unlimited membership. Your monthly Unlimited subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, go into your profile. You should return roducts before the end of your current bulling period (located in account settings) to avoid additional fees. If EPHORIA does not receive your Unlimited Program Products by the end of your billing period in which you want to cancel your membership, EPHORIA will charge you 100% of the retail price or value of each Unlimited Program Product.
DELIVERY. All deliveries will be through EPHORIA’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of EPHORIA. The courier services described in Section 2(A) will be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of Unlimited Program Products through the Site or App. The Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and EPHORIA shall not be held liable for any health-related complaints associated with any Product.
RETURNS. With each shipment of Products we send you, we will include one Return Packaging (which may be our EPHORIA carrying case – as defined in section 2(b)), which you can use to return one (1), some or all of the Unlimited Program Products you currently have. If you have four (4) Products, you must return at least one (1) Product to us in order to be eligible to receive another. When we receive any returned Products from you, the next shipment we send you will contain the same number of Products that you have returned. We will use reasonable efforts to send you new Products promptly upon processing your return, but you acknowledge that as a result of processing and delivery, there will be a delay between your return of a Product and receipt of a new Product through Unlimited. You agree to return any Product using the Return Packaging, including the EPHORIA carrying bag.
ADDITIONAL OBLIGATIONS. Without limiting the application of the rest of these Terms, all of your obligations set out under Sections 2(A) and (B), including but not limited to the obligations relating to receipt and care of Products, apply to your participation in Unlimited, except to the extent they conflict with this Section 3(C). Except as expressly stated in this Section 3(C), none of the limited warranties set out under Section 2(B) apply to Unlimited Program Products.
DAMAGE, FAILURE TO RETURN PRODUCTS. Unless you cancel your Unlimited subscription, it will automatically renew on a monthly or recurring pre-pay basis. You expressly authorize us to collect the applicable subscription fee and any taxes, using any payment card on record for you, in connection with any such auto-renewal. You may cancel your Unlimited subscription or find out more information about your Unlimited subscription, including your monthly or recurring pre-pay renewal date, by contacting [email protected] As soon as you cancel, you will not be eligible to receive any additional Products through Unlimited. You may continue to keep Products you have already received through Unlimited, but you must return to EPHORIA all such Products on or before the last day of the applicable subscription period during which you cancel. If we don’t receive your items on time, you will be charged up to 100% of the retail price. You will not be entitled to any refund of subscription fees.
CHANGES TO AND TERMINATION OF UNLIMITED. AAs Unlimited is a beta program, we reserve the right to modify Unlimited (including the subscription fee) or terminate Unlimited or your Unlimited subscription at our sole discretion without prior notice. If we terminate your Unlimited subscription, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of your current applicable subscription, or (b) continued access to Unlimited for the remainder of that applicable period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in these Terms or any applicable law. If we choose to provide you with continued access to Unlimited for the remainder of that applicable period of your subscription, you will continue to have access to Unlimited during that period, except that we will not send you any Products within ten (10) days of the end of that period. Prior to the end of that period (or, if we do not provide you with continued access to Unlimited, immediately upon our termination of Unlimited or your Unlimited subscription), you must also return to EPHORIA all Products you have received in connection with Unlimited.
CORPORATE SUBSCRIPTIONS. If you subscribe to Unlimited through a corporate partnership with your employer, you are subject to our Terms of Service, including without limitation the terms detailed above under this Unlimited Section. EPHORIA will charge you a monthly subscription fee that will automatically renew and you will be billed every 30 days to your payment method on file. After your subsidized corporate subscription ends after the first six months, your membership automatically renews and you will be billed every 30 days at the full monthly amount thereafter to your payment method on file. You must return your Unlimited Program Products before the end of your current bulling period (located in account settings) to avoid additional fees. If EPHORIA does not receive your Unlimited Program Products by the end of your billing period in which you want to cancel your membership, EPHORIA will charge you 100% of the retail price or value of each Unlimited Program Product. To cancel your monthly membership, go to. Your profile under cancel.
- EPHORIA Update Program.
The following additional terms and conditions apply if you subscribe to our EPHORIA Update program (“EPHORIA Update”).
EPHORIA UPDATE PROGRAM. If you subscribe to EPHORIA Update, during the first Billing Period (which is defined in the “SUBSCRIPTION FEES” paragraph below), you will be entitled to rent up to four Products for that Billing Period from a curated edit of Products designated on the Site (the “EPHORIA Update Products”). Products not included in EPHORIA Update are determined by us in our sole discretion. Products not eligible for EPHORIA Update include, without limitation: high-priced formal wear, EPHORIA’s higher-end designers, and other items on our site that may be limited by availability or geographic concerns. Subject to your compliance with these Terms (including payment of fees) and our right to terminate EPHORIA Update, you may keep the four EPHORIA Update Products for as many Billing Periods as you wish as long as your account is in good standing. At the beginning of each subsequent Billing Period, you will be entitled to one free shipment (which means one outgoing shipment and one return shipment) (a “Shipment”), where you can exchange any number of EPHORIA Update Products you have at home for new EPHORIA Update Products you select via our Site or App (but not more than the total number of EPHORIA Update Products you have at home). You may use your Shipment at any time during the then-current Billing Period. If you do not use your Shipment during a Billing Period, it will expire at the end of that Billing Period (meaning, you will not have more than one available Shipment during any Billing Period). You are expected to promptly return the EPHORIA Update Products you are exchanging under your Shipment as explained in the “RETURNS; LATE FEES” paragraph below. Using your Shipment is your only chance to exchange EPHORIA Update Products during any Billing Period at no additional cost to you. If any EPHORIA Update Products that you receive via your Shipment (or EPHORIA Update Products that you receive in your first Billing Period) don’t fit you, you may use one flat-fee swap (a “Fit Replacement”) within 48 hours of receiving that Shipment to exchange those EPHORIA Update Products for new EPHORIA Update Products. If you do not initiate a Fit Replacement on our Site, App or by calling Customer Service at 1-800-509-0842, within 48 hours after receiving your Shipment, then you will lose your Fit Replacement for that Billing Period. After initiating a Fit Replacement indicating the EPHORIA Update Products you would like to exchange, you will have 48 hours to select replacement EPHORIA Update Products. If you do not select replacement EPHORIA Update Products within 48 hours after initiating a Fit Replacement, you will lose that Fit Replacement. Once you complete a Fit Replacement by selecting replacement EPHORIA Update Products, you will be charged a flat-rate fee of $12.95, and you are expected to return the EPHORIA Update Products from your Shipment that you are exchanging as explained in the “RETURNS; LATE FEES” paragraph below. Any EPHORIA Update Products you receive as a result of a Fit Replacement must be returned if you choose to exchange them when using your next Shipment.
SUBSCRIPTION FEES.EPHORIA will charge to the payment method you provided a subscription fee on the date that you sign up for a EPHORIA Update membership (or the date indicated by EPHORIA for customers whose EPHORIA Update memberships were migrated as of July 24, 2018. This date is your Billing Date. The subscription fee will automatically renew, meaning EPHORIA will automatically charge to your payment method on file the then-current subscription fee during each subsequent month of your EPHORIA Update membership on the exact same date of such month as your Billing Date (however, if your Billing Date does not exist in a given month, you will be billed on the last day of that month). The period between your Billing Dates is referred to as a Billing Period. As of your first Billing Date, your EPHORIA membership becomes active for your first Billing Period and you are eligible to participate in the EPHORIA Update program, subject to these Terms. Your membership will remain active, and you will remain eligible to participate in the EPHORIA Update program for subsequent Billing Periods after each successful billing on subsequent Billing Dates. Please note that you may only have one EPHORIA subscription membership at one time (meaning, you cannot have an EPHORIA Unlimited and EPHORIA Update subscription simultaneously, but you may still rent Products through Reserve or PRO as an EPHORIA Update member). The current EPHORIA Update subscription fee is $89 plus tax per Billing Period, but is subject to change at our discretion, and any such change will be effective for any subsequent Billing Period. You hereby authorize EPHORIA or our third party payment processor to charge your payment card for the applicable EPHORIA Update subscription fee on recurring pre-pay basis until you pause or cancel. The subscription fee includes shipping and limited insurance, covering minor mishaps but not significant damage, loss or theft. EPHORIA Update subscription fees are non-refundable except as expressly set forth in this Section 3(D). You will be responsible for all taxes in connection with the subscription fee. Any taxes will be determined based on your shipping address provided at checkout.
PAUSE OR CANCELLATION OF YOUR MEMBERSHIP. You may pause or cancel your membership at any time before the beginning of the next Billing Period by contacting the Member Concierge at [email protected] or 1-800-509-0842. If you want to pause your membership, you may choose to pause for up to three months (or you can indicate a specific date on which you want your membership to resume within a maximum three month period). To successfully pause your account, you must return all EPHORIA Update Products no later than the last day of the then-current Billing Period. If you fail to return all EPHORIA Update Products in time, your account will remain active and regular billing for your EPHORIA Update membership will automatically continue. During the Billing Period in which you contact EPHORIA to pause your membership, you will have until seven days before the end of that Billing Period to use your Shipment for that Billing Period. During the time in which your account is successfully paused, you will not be billed and you will not be eligible for any of the benefits of your EPHORIA Update membership, except you will still be eligible for a 25% discount on Reserve rentals. The first day after the end of your EPHORIA Update account’s paused period will mark your new Billing Date, and on that day regular billing for your EPHORIA Update membership will automatically resume and your regular access to your EPHORIA Update membership will automatically resume. If you cancel your membership, you must return all EPHORIA Update Products in your possession no later than the last day of the then-current Billing Period. After that day, your EPHORIA Update membership will become inactive. If you fail to return all EPHORIA Update Products in time, you will be subject to late fees as described in the “RETURNS; LATE FEES” paragraph below.
DELIVERY. All deliveries will be through EPHORIA’s shipping partners, which may change from time to time at our discretion. The courier services described in Section 2(A) may be available for deliveries in New York City. We will provide you with information about estimated delivery and arrival times of EPHORIA Update Products through the Site or App. We will use reasonable efforts to send you new EPHORIA Update Products promptly after you submit your choices, but you acknowledge that as a result of processing and delivery, there may be a delay between your return of EPHORIA Update Products and receipt of new EPHORIA Update Products. The EPHORIA Update Products we send to you will be professionally cleaned and delivered ready to wear. We professionally clean, sterilize and inspect each EPHORIA Update Product we send to you, but use of the EPHORIA Update Products is at your own risk and EPHORIA shall not be held liable for any health-related complaints associated with any EPHORIA Update Product.
RETURNS; Late fees. When we send you Products, we will include one Return Packaging (which may be our EPHORIA carrying case, as defined in Section 2(b)), which you must use to return EPHORIA Update Products. The Return Dates are as follows:
– If you are exchanging any EPHORIA Update Products as part of your Shipment, you must return those EPHORIA Update Products no later than 48 hours after you select and order new EPHORIA Update Products to be sent to you in your Shipment.
– If you are exchanging any EPHORIA Update Products as part of a Fit Replacement, you must return those EPHORIA Update Products no later than 48 hours after you are billed for that Fit Replacement.
– If you are returning any EPHORIA Update Products because you are cancelling your EPHORIA Update membership, you must return all EPHORIA Update Products in your possession no later than the last day of the then-current Billing Period in which you cancelled your EPHORIA Update membership.
If you fail to return EPHORIA Update Products by the applicable Return Date, EPHORIA reserves the right to charge you a late fee of $15 per EPHORIA Update Product that is not returned on time. If EPHORIA still has not received EPHORIA Update Products in your possession within five days after the applicable Return Date, EPHORIA reserves the right to charge you the EPHORIA Update members-only purchase price for each EPHORIA Update Product not returned as of that date (less any late fees already charged to you for that EPHORIA Update Product, plus any applicable taxes). EPHORIA will not accept any refunds in such cases. You agree to return EPHORIA Update Products using the Return Packaging, including the EPHORIA carrying case (as defined in Section 2(B)). If you fail to return the EPHORIA carrying case, EPHORIA reserves the right to charge you $50.
UPGRADES; Item Upgrades. During any Billing Period, you may add on the ability to rent EPHORIA Update Products in addition to your standard Four Items (each, an “Add On”) for an additional fee of $25 for each Add On per Billing Period (the “Add On Fee”), but is subject to change at our discretion. You may select the number of Add Ons you wish to purchase at any time during a Billing Period. You will continue to be charged the monthly Add On Fee for each Add On until you remove an Add On from your account. If you wish to remove Add Ons, you must either call Customer Service at 1-800-509-0842 or remove Add Ons through the Site or App prior to your next Billing Period. Once you’ve removed an Add On, to avoid being charged late fees, you must return the corresponding EPHORIA Update Product with your next Shipment at the beginning of your next Billing Period (the “Add On Return Date”), and you will no longer be charged the Add On Fee as of your next Billing Period. If you remove an Add On and fail to return the corresponding EPHORIA Update Product by the Add On Return Date, EPHORIA reserves the right to charge you a late fee of $15 per EPHORIA Update Product that is not returned on time. If you remove an Add On and fail to return the corresponding EPHORIA Update Product by the Add On Return Date and before the end of the subsequent Billing Period, then as of that date you will again be charged the monthly Add On Fee until you remove the Add On and return the corresponding EPHORIA Update Product.
CHANGES TO AND TERMINATION OF EPHORIA UPDATE. membership is limited and may not always be available. Further, as EPHORIA Update is a beta program, we reserve the right to modify EPHORIA Update (including the subscription fee) or terminate EPHORIA Update or your EPHORIA Update membership at our sole discretion without prior notice. If we terminate your EPHORIA Update membership during any Billing Period, we will provide you with, as determined in our sole discretion, either (a) a prorated refund for the remainder of that Billing Period, or (b) continued access to EPHORIA Update for the remainder of that Billing Period, in accordance with these Terms. However, we will not give any refund for termination related to conduct that, in our discretion, violates these Terms or any applicable law.
PAYMENT FAILED. If your payment does not clear during a specific term, you will have one month from the failed billing date to update your billing information and remain an active member. During this one-month term, you will still have access to any outstanding rentals from previous months, but you will not be issued a new rental until your monthly payment has cleared. If you check out during this period, you will be required to update your billing information, and we will retry your monthly payment at that time. You can also update your credit card information in settings on-site. If your payment clears within this 30-day term, your membership will become active and you will be billed on that same date every month at the rate at which you signed up for the program.
INACTIVE. If your payment has failed for a full term, you will become an “inactive” (Canceled, Payment Failed >30 days) member of the program and will lose all benefits, including access to membership pricing and any unredeemed rentals from previous months. To resume your membership, you must reach out to us at. you have not fulfilled your 3-month minimum, you will be responsible for paying the remainder of your outstanding balance.
MEMBERSHIP CANCELLATION. Once you request a cancellation, you will have until the end of your current billing term to redeem any outstanding rentals you may have accrued. You may book up to 4-months in advance. At the end of your final term, you will no longer be charged and you will no longer be a StylePass Beta member. You will no longer have access to membership pricing of $79ental, nor will you be able to redeem any outstanding rentals after this point.
ORDER CANCELLATION POLICY. You may cancel your rental orders subject to the following cancellation fees and policies:
- If you cancel fourteen (14) or more days in advance of the delivery date, there is no cancellation fee.
- If you cancel fourteen (14) or fewer days in advance of the delivery date, you will be charged a cancellation fee of $9.95
- Use of the Services
- EPHORIA Content
CONTENT PROVIDED “AS IS.” All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from stylists and photos and comments from other users (“EPHORIA Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The EPHORIA Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any EPHORIA Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the EPHORIA Content.
UPDATES We may update the EPHORIA Content, including Product descriptions and specifications, as we deem appropriate and without notice to you. If you have any questions about the existence of more current information, please send those questions to [email protected] We take your questions and requests for information seriously, and we will use reasonable efforts to respond in a timely manner. However, we cannot guarantee a prompt response in all cases.
- Third Party Content
LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-EPHORIA websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and EPHORIA is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from EPHORIA, and EPHORIA has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that EPHORIA endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
- Acceptable Use Policy
USE OF EPHORIA CONTENT. No part of the Services, including the EPHORIA Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that EPHORIA authorizes you to view, copy, download, and print EPHORIA Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the EPHORIA Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the EPHORIA Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the EPHORIA Content.
USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which EPHORIA considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a EPHORIA representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent’s consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
INDEMNIFICATION FOR BREACH. By using the Services, you agree to indemnify, hold harmless and defend EPHORIA and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
- Your Content
If you post, upload or make available to EPHORIA or the Services, or otherwise submit to or through EPHORIA as part of your use of the Services, including the Site or App, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to EPHORIA a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site and App, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, including Section 4(C), and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize EPHORIA to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
- Your Account
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from use of the Services with your account. You agree to notify EPHORIA promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the EPHORIA Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
- Job Postings
EPHORIA may list open employment positions on or through the Services. These postings are for informational purposes only and are subject to change without notice. You should not construe any information on or made available through the Services as an offer for employment or promotion or solicitation for employment not authorized by the laws and regulations of your locale.
- INTELLECTUAL PROPERTY
- Ownership of the Services
The Services, including the EPHORIA Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of EPHORIA and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. By way of example only, and not as a limitation, the EPHORIA logo are registered trademarks Inc., under the applicable laws of the United States and/or other countries. Other EPHORIA product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of EPHORIA and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. EPHORIA and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any EPHORIA Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of EPHORIA or such third party that may own such EPHORIA Content.
- Services License
Subject to your compliance with these Terms, EPHORIA grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
- App License
Subject to the terms of these Terms, EPHORIA grants to you a limited, non-transferable, non-exclusive, revocable license to download, install and use one copy of the App in object code form only on an interactive wireless device that you own or control.
ACKNOWLEDGMENT. The following applies to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and EPHORIA, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and EPHORIA acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and EPHORIA acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, EPHORIA, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and EPHORIA acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that EPHORIA may use your Feedback without restriction or obligation to you or any third party.
- Notice and Take Down Procedures; Copyright Agent
If you believe any EPHORIA Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting EPHORIA’s copyright agent (identified below) and providing the following information: identification of the copyrighted work that you believe to be infringed, including a description of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work; identification of the material that you believe to be infringing and its location, including a description of the material and its URL or any other pertinent information that will allow us to locate the material; your name, address, telephone number and e-mail address; a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a signature or the electronic equivalent from the copyright holder or authorized representative.
EPHORIA’s agent for copyright issues relating to the Services is as follows:
Copyright Agent Rent the Runway, Inc. 345 Hudson Street, Suite 6A, New York, NY 10014 E-Mail address: [email protected]
In an effort to protect the rights of copyright owners, EPHORIA maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat
- Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, please contact us at [email protected] You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.
- Termination By EPHORIA
Any violation of these Terms, including any of the prohibitions in Section 4(C), may result in suspension or termination of your access to the Services and/or removal of Your Content. EPHORIA may also terminate your account if EPHORIA determines that your conduct poses a risk or liability to EPHORIA, or for any other reason as determined by EPHORIA in its sole discretion.
- Effects of Termination
In each of these cases, the Terms will terminate, including your license to use the Services, except that the following sections shall continue to apply: 2(A) (Collections), 2(B) (Rental Fee, Late Fees, Lost Return Packaging), 2(C), 3(A) (Failure to Pay Fees), 4(A)-(D), 5(A), 5(C) (Acknowledgment), 5(D), 6(C), and 7-9, including the mandatory arbitration and class-action waiver provisions.
- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- Limited Warranties
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by EPHORIA in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and EPHORIA’s sole and exclusive liability for a breach by EPHORIA of the limited warranties set out in Section 2(B) shall be, at EPHORIA’s option, EPHORIA’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
- Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS, INCLUDING ALL TRIAL PROGRAMS, ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, EPHORIA DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE EPHORIA CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EPHORIA BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF EPHORIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 7(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
- DISPUTE RESOLUTION
This Section 8 includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
- Informal Process First
Both you and EPHORIA agree that in the event of any dispute between us, you and EPHORIA will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
- Mandatory Arbitration of Disputes
All disputes between you and EPHORIA will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of EPHORIA or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either EPHORIA or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with EPHORIA remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
1, Piazza Savonarola, Firenze, Italia
Hotline: +39 234 567 890
Monday-Friday: 9:00 am – 6:00 pm
Saturday: 9:00 am – 4:00 pm