Daily Polished Terms & Conditions
By accessing or using any part of the site or services, you agree that you have read, understood and agreed to be bound by these TOUS, which contain an arbitration agreement, a waiver of class-action rights, a jury waiver, and liability limitations. If you do not agree to be so bound, you may not access or use the site or any services.
If you have any questions about these TOUS, please contact us by email at Care@DailyPolished.com.
- Eligibility. You understand and agree that to use the Site and Services you must be of legal age (18 years of age or older, or, if you have parental consent, 14 years of age). In addition, if you have been previously prohibited from accessing the Site or Services or the website of any of our affiliates, you are not permitted to access or use the Site or Services.
- Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by Section 1.2 above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Services or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Site or Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Site, Services, or underlying technology; (e) impersonate or misrepresent your identity or affiliation; (f) attempt to obtain unauthorized access to the Site or Services; (g) collect information about users of the Site or the Services; (h) violate, misappropriate or infringe a third party's intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party's ability to use or enjoy, or our ability to provide, the Site or Services.
- Membership Types.
In order to discover new brands and access our exciting daily deals and exclusive content, you must become a member of Daily Polished. We offer the following membership plans:
Enthusiast Monthly Membership
By purchasing a Monthly Membership, you agree to an initial and automatically billed and recurring Monthly Membership fee at the then-current Monthly membership rate, and you accept responsibility for all recurring charges until you cancel your subscription. Once you subscribe, Daily Polished will automatically bill your credit card for your Monthly membership fee and will continue to automatically process your Monthly membership fee each month at the then-current Monthly Membership rate, until you cancel your subscription.
Loyalist Annual Membership
By purchasing an Annual Membership, you agree to an initial pre-payment for one full year of membership. Annual Membership fees are non-refundable. After one year and annually thereafter, you will be billed a recurring Annual Membership fee at the then-current Annual Membership rate. We will notify you before the renewal fee is billed. You may cancel your Annual Membership any time before the next billing cycle, subject to the terms of our cancellation policy. You accept responsibility for all recurring charges prior to cancellation.
- Account Registration. If you create an account, you agree to provide us with complete and accurate information and to promptly update such information to keep it complete and accurate. You are responsible for maintaining the confidentiality of your password and account. You are responsible for any and all activities that occur under your account. You may not use anyone else's account or allow anyone else to use your account at any time.
- Your Responsibility for Your Account Security. You agree to notify Daily Polished immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss, damages, liability, expenses or costs (including but not limited to legal fees) that you may incur as a result of someone else using your password or account, either with or without your knowledge. You will be liable for losses, damages, liability, expenses and costs (including but not limited to reasonable legal fees) incurred by Daily Polished or a third party due to someone else using your account, unless such unauthorized use is due solely to Daily Polished's own gross negligence or willful misconduct.
- No Obligation to Retain a Record of Your Account. Daily Polished retains the right, but does not undertake the obligation, to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Site or Services.
- Cancellation Policy. Memberships may generally be cancelled any time, subject to these TOUS and the specific Membership terms. In order to cancel your Membership, you must do one of the following: (a) email us at Care@DailyPolished.com and indicate that you wish to cancel your Membership, and follow the instructions that we send you in response or (b) log in to your Daily Polished account, navigate to the “Manage My Membership” button and follow the instructions.
You must contact us and complete cancellation within the timeframes stated in the specific Membership terms to avoid further charges. There are no cancellation fees. Canceling your Membership does not provide you a refund for Membership payments already processed, nor does it stop a pending charge. Your cancellation will go into effect for the following billing cycle.
- Daily Featured Brands/Terms of Sale
Daily Polished features leading emerging brands and provides members the opportunity to learn about these brands and their products and purchase products at up to 60% off. The following terms apply to your purchase of the products offered on the Site (the “Products”) and Services including Memberships (defined in Section 4 below).
3.1 Product Descriptions. We try to make the Site and Services thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site or Services may be incorrect, incomplete, inaccurate, or appear inaccurate. We apologize in advance for any such issues that may result in an incorrect price, inaccurate description, item unavailability or other issue that may affect your order. We also reserve the right to update information on the Site or Services and/or to make corrections, without notice.
- Quantity Limits and Pricing. Daily Polished's offers are for member's discovery and use, and we do not authorize the purchase of our merchandise for resale purposes. We limit the number of units which may be purchased, typically to 1 or 2 per sku per Member or per order, and products offered on the Site will only be available for a very limited time. Daily Polished reserves the right to change the prices and available Products and Services at any time. Products and Services offered for sale on the Site are available for shipment only to the United States and all prices are quoted in U.S. dollars. Prices do not include any shipping and handling fees or any applicable taxes – any shipping and handling fees and taxes charged or collected by Daily Polished will be added to your order and will appear as a separate charge on your order receipt/confirmation.
- Purchasing Products and Services. If you purchase a product on Daily Polished, you will receive an email from Daily Polished confirming the details of your order ("Confirmation Email"). Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment or provision of the Services in the event of inaccuracies, price corrections, Product unavailability, or for any other reason.
- Orders. We have the right to refuse or limit any orders, quantities, or Services. We will not be liable if a Product or Service is unavailable or if shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests in our sole and absolute discretion.
- No Returns. We do not allow returns or substitutions of Products or Services to Daily Polished or any Daily Polished brand partners and/or vendors. All sales are final.
- Shipping. Unless otherwise specified, orders will be shipped by our Brand Partners to the address on file in your account and will be shipped by standard ground shipping. We reserve the right to charge shipping and handling fees as displayed on the Site to cover the cost of processing, handling and shipping orders. Any shipping and handling charges are not included in the stated prices and will be added to your order and will appear as a separate charge on your receipt/order confirmation.
- Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, please (i) contact the brand partner directly at the contact information provided on their website and (ii) also please contact us at Care@DailyPolished.com for assistance, and provide your order number and photos fo any damaged products. We or our brand partner must receive notice of a damaged or incomplete shipment within two (2) weeks of receipt (as shown on the common carrier's shipping information). Any refunds or replacements are made solely in our discretion.
- Payment. We use third party electronic payment processors and/or financial institutions (“Payment Processors”) to process financial transactions. You irrevocably authorize us, as necessary, to instruct such Payment Processors to handle such transactions and you irrevocably agree that we may give such instructions on your behalf in accordance with your requests as submitted on the Site or Services. You agree to be bound by the terms and conditions of each applicable Payment Processor. In the event of conflict between these TOUS and the Payment Processor terms and conditions, these TOUS shall govern.
You authorize us (and any Payment Processor) to charge your payment card or other payment method provided for all purchases you make, including regularly for Services including Memberships and other recurring transactions which are automatically charged on the date of purchase or the specified bill dates. We accept the forms of payment stated on the Site. The bank issuing your credit or debit card may control when to release funds in the event of any order cancellation or refund. We reserve the right to use the payment information you provide us in connection with payments, to provide better service to you should you wish to use our Site or Services again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction and any other information needed, (b) authorization of the payment by your credit or debit card company or other method of payment, and (c) acceptance of your payment. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Site or Services in breach of any applicable law or regulation, including but not limited to the card network rules or regulations; (ii) if you use the Site or Services in breach of these TOUS or any other agreement with Daily Polished or its terms, policies or guidelines; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments or other transactions with us have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) if you fail to cooperate in an investigation or provide additional information when requested.
- Account Updater Services. You acknowledge and agree to our participation in various card brand (Visa, Master Card, Discover, and American Express) account updater services. If you have recurring payments set up, your card issuer may provide us, through the card brands, with updated card information in the event your card is replaced or renewed. This service will automatically update the card number and/or expiration date on file with us if you have recurring payments set up. This service is provided to facilitate seamless process of charges you have authorized. Because we rely on timely information provided from your card issuer, your card information may not be updated in all cases. You should still notify us of any changes to your account or payment information to permit recurring payments to continue to be charged to your account. If you wish to discontinue or opt out of the account updater services, please contact your card issuer.
- Transfer of Title and Risk of Loss/Damage. Products are shipped directly to you by our brand partners. Title to and the risk of loss/damage of all Products passes from our brand partner to you at the time the products are delivered to the common carrier for shipment.
By purchasing Products or Services on the Site for shipment, you are asking our brand partner to engage a common carrier to deliver your order. In doing so, they are providing a service to and acting on behalf of you. Our brand partners reserve the right to choose any and all procedures, packaging and common carrier of sold Products or Services. They may not be able to have your order shipped to a post office box, to certain addresses or on certain days, and reserve the right to ship your order in multiple boxes or shipments.
- Taxes. Stated prices do not include any customs, duties, sales, use, value- added, excise, provincial, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.
- Personal Use Only. Products and Services are for your personal use only. You agree not to sell or resell any Products you purchase or otherwise receive from us. Except where prohibited by law, we may limit the quantity of Products or Services available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or Products or Services to be provided to you, as we determine in our sole discretion.
4. Product Manufacture and Ingredients
All products offered on DailyPolished.com are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.
- Promotions and Credits
Daily Polished may, from time to time and in its sole discretion, offer certain promotional codes for discounts applicable toward purchases on specified Site. Promotional codes are nontransferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer, promotional discount, or gift cards and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Daily Polished at any time in its sole discretion.
- Consent to Communications. By entering into these TOUS, you expressly consent and agree to accept and receive communications from Daily Polished or third-party affiliates, including via email, telephone calls, text messages, facsimiles and push notifications to any email address or telephone or mobile number provided to Daily Polished by you or on your behalf. Standard text messaging charges applied by your mobile telephone carrier will apply to text messages you send or receive. Communications from Daily Polished and its affiliates may include but are not limited to operational communications concerning your account or use of the Site or Services; updates concerning new and existing features at Daily Polished; marketing or promotional communications related to Daily Polished or third parties with whom we have a business relationship; and information concerning Daily Polished and industry developments.
- Updating Contact Information. You agree to keep your email address, phone number and other contact information current. From time to time we may need to send you important information, and we may do so by, among other means, sending it to your email address on file. Our sending of an email to your address on file constitutes notice under these TOUS. If you change or deactivate the phone number provided by you or on your behalf, you agree to notify us immediately at privacy@DailyPolished.com to help prevent us from inadvertently communicating with anyone who acquires your old number.
- Intellectual Property; Third-Party Content and Services
- Intellectual Property Rights. All content on the Site, or otherwise made available via the Site, including the text, notes, graphics, photos, sounds, music, videos, interactivities and the like (“Content”), the trademarks, service marks and logos contained therein (“Marks”), the design of the Site and/or Services (“Site Design”), and all software and other technology used to provide the Site and/or Services (“Technology”), are owned by or licensed to Daily Polished and/or its affiliates. Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Site, Services, Content, Marks, Site Design and Technology. Using the Site and/or Services does not give you any ownership of or right in or to any Content, Marks, Site Design or Technology.
- Third-party Content. The Site may contain information and content provided by third parties. We have no obligation to monitor, we do not endorse, and we are not liable for any third-party content. In addition, the Site may contain links to third-party websites. Daily Polished is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse nor shall we have any responsibility for the content on such third-party site.
- Warranties; Disclaimer
- YOUR RIGHTS MAY VARY. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
- NO WARRANTIES. THE SITE, SERVICES AND PRODUCTS ARE PROVIDED “AS AVAILABLE” AND “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. DAILY POLISHED DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DAILY POLISHED DOES NOT WARRANT THAT ANY PRODUCTS OR SERVICES WILL BE IN STOCK, SAFE, DEFECT-FREE, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT.
- USE OF SITE IS AT YOUR OWN RISK. DAILY POLISHED DOES NOT REPRESENT OR WARRANT THAT THE SITE, SERVICES OR COMMUNICATIONS SENT TO YOU WILL BE UNINTERRUPTED, ERROR- FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF MATERIAL OR DATA. DAILY POLISHED MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR PROMISE THAT THE PRODUCTS, SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS. DAILY POLISHED WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITE OR ANY THIRD-PARTY WEBSITE. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. DAILY POLISHED MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.
- NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS. DAILY POLISHED DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SITE OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SITE, AND DAILY POLISHED WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. DAILY POLISHED WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW.
- Limitation of Liability
- YOUR RIGHTS MAY VARY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE BELOW LIMITATIONS MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OF RESIDENCE.
- NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL DAILY POLISHED, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “DAILY POLISHED” FOR PURPOSES OF THIS SECTION 9) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES OR PRODUCTS, EVEN IF DAILY POLISHED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. DAILY POLISHED WILL NOT BE LIABLE FOR THE COST OF REPLACEMENT PRODUCTS, LOSS OF REVENUE OR PROFIT, OR LOSS OF GOOD WILL.
- OUR LIABILITY IS LIMITED. IN ANY EVENT, THE AGGREGATE LIABILITY OF DAILY POLISHED AND ITS DIRECTORS, OFFICERS, EMPLOYEES TO YOU OR ANY THIRD PARTY WILL NOT EXCEED THE GREATER OF (1) THE FEES PAID TO DAILY POLISHED IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR (2)$100.
You agree to defend, indemnify and hold harmless Daily Polished, its affiliates and their respective directors, officers, employees and agents (the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including reasonable legal fees) incurred by or asserted against any of the Indemnified Parties arising out of, relating to or resulting from: (a) your violation of any provision of these TOUS; (b) your misuse of any Product purchased by you on the Site; (c) any other party's access and use of the Site or Services with your unique username, password or other appropriate security code (if such codes are required to access the Site or Services in the future); (d) your misuse of the Site or Services; or (e) your negligence or other misconduct (collectively “Claims”). You agree to promptly notify Daily Polished of any Claims, cooperate with Daily Polished in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys' fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). We may, in our sole and absolute discretion, control the disposition of any such Claim at your sole cost and expense. You may not settle any Claim without our express written consent.
- Termination; Survival
- Modification of Site and Services. We may, in our sole and absolute discretion modify, suspend or discontinue aspects of the Site or the Services, in part or as a whole, temporarily or permanently, for any or no reason, at any time and without prior notice.
- Suspension or Termination. We may deny you access to all or part of the Site or Services at any time for any reason (including if you violate these TOUS, the Membership Terms, or any other Daily Polished guidelines as determined in our sole and absolute discretion). If we terminate your access to the Site or Services (unless due to breach of these TOUS, Membership Terms or other misconduct) we will, at our option, fulfill our obligations to you related to any order or Services prepaid at the time of termination or issue you a prorated refund.
- Effect of Termination. If you terminate your Membership, you will remain liable under these TOUS for any purchases made prior to termination. If we terminate your right to access the Site or Services, all rights you have to access the Site or Services will immediately terminate and you agree to refrain from accessing the Site or Services. Any provisions which by their nature are intended to survive termination shall so survive, including but not limited to Sections 1.3, 1.4, 2, 3.5, 7 through 10, 11.3, 12, and 14.
- Dispute Resolution and Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DAILY POLISHED HAVE AGAINST EACH OTHER ARE RESOLVED.
If a dispute arises between you and Daily Polished, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team at Care@dailypolished.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.
An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and IPSY each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either IPSY or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
12.2. Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND DAILY POLISHED AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.
12.3 Exceptions to Agreement to Arbitrate. We all agree that we will go to court to resolve disputes relating to:
Your or Daily Polished's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents) or any claim made in small claims court either in New York, NY or some other place we both agree on, if it qualifies to be brought in that court.
12.4 No Class Actions. We all agree that we can only bring a claim against each other on an individual basis. You understand and agree that (i) neither you nor Daily Polished can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action, (ii) the arbitrator cannot combine more than one person's claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this), and (iii) the arbitrator's decision or award in one person's case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.
12.5 The Arbitration Process. The American Arbitration Association (AAA) will manage the arbitration between you and IPSY, and AAA's rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA's rules and procedures, then we will follow these Terms instead. You can look at AAA's rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.
The arbitration location will be New York County, New York or other agreed to location.
If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person. You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.
While most arbitrators render a verbal decision, both you and Daily Polished have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Daily Polished and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.
12.6 Arbitration Costs. If your claim is for $10,000 (US) or less, Daily Polished will consider paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. Daily Polished will be notified of your request.
If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, Daily Polished will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration.
12.7 Applicable Law. The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.
Any dispute or claim arising from or relating to the Agreement is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in this TOUS.
12.8 Choice of Law. This Agreement shall in all respects be governed by the laws of the State of New York and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
- General Terms
- Force Majeure. Under no circumstances shall Daily Polished or its brand partners be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.
- No Waiver; Severability. No waiver of any term of these TOUS will be binding unless in writing, no waiver of any term of these TOUS will be deemed a further or continuing waiver of such term or any other term, and the failure of Daily Polished to exercise or enforce any right or remedy in these TOUS does not waive that right or remedy. Except for the Arbitration Agreement contained herein, the severability of which is addressed in Section 12, if an arbitrator or a court of competent jurisdiction finds any provision of these TOUS to be invalid, the parties agree that the arbitrator or court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these TOUS will remain in full force and effect.
- Assignment. These TOUS, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These TOUS, and any rights or licenses granted hereunder, may be assigned or delegated by Daily Polished without restriction. These TOUS bind and inure to the benefit of each party and the party's successors and permitted assigns.
- A party's failure or delay in exercising any right, power or privilege under these TOUS will not waive its rights to exercise such right, power, or privilege in the future, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of such right, power, or privilege, or the exercise of any other right, power, or privilege under these TOUS.
- No agency, partnership, joint venture or employee-employer relationship is intended or created by these TOUS.
- You agree to comply with all applicable laws in your use of the Site and Services.
- These TOUS will not be construed against the drafter.
- “Include(s)” or “including” means, respectively, “include(s), without limitation,” or “including, without limitation,” unless expressly stated otherwise.
- Use Outside the United States of America. The Site is controlled and offered by Daily Polished from the United States of America for use by customers solely in the United States. Daily Polished makes no representations that the Site or Services are appropriate for use in locations outside of the United States. Those who access or use the Site and Services from other locations do so at their own risk and are responsible for compliance with local law.
- Notices and Electronic Communications. You hereby consent to receiving and transacting with us by electronic means and that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. We may deliver notices to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received using the following email address: Care@DailyPolished.com
- Termination; Survival
- Promotions and Credits
- Daily Featured Brands/Terms of Sale