FashionPass Terms of Service

 

Effective Date:

September 4, 2017

 

The following Terms of Service (“Terms”) between you (“you” or “your”) and FashionPass, Inc. (“we,” “our,” or “us”) describes the terms and conditions on which you may access and use the FASHIONPASS website located at thefashionpass.com (the “Site”), related services including FASHIONPASS’s product rental and sale services (together with the Site and the FASHIONPASS 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.



  1. About the Services

  2. Rental and Sale of Products

  3. Special Trial Programs

  4. Use of the Services

  5. Intellectual Property

  6. Termination

  7. Disclaimer of Warranties; Limitation of Liability

  8. Dispute Resolution, Arbitration and Class Action Waiver

  9. Miscellaneous


1. ABOUT THE SERVICES



A. Introduction

Through the Services, we aim to give you access to beautiful designer clothing and accessories, stylist advice and other content to help you decide which items are perfect for you.



B. 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.



C. Eligibility

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.



D. Modification of the Services or the Terms

FASHIONPASS may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, FASHIONPASS 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 FASHIONPASS upon registration.



E. Privacy

To learn more about our privacy practices, please read our Privacy Policy, which is available at https://www.thefashionpass.com/pages/privacy (the “Privacy Policy”).




2. RENTAL AND SALE OF PRODUCTS



A. 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 or purchase of Products, including 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 or sales 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 3 p.m. for delivery in Los Angeles, subject to the additional delivery charge specified on the Site or App. Otherwise, all deliveries outside of Los Angeles will be through FASHIONPASS's shipping partners, which may change from time to time at FASHIONPASS’s discretion. The shipping method used will be at the discretion of FASHIONPASS.


COLLECTIONS. If you do not pay the amounts you owe to FASHIONPASS when due, then FASHIONPASS will need to institute collection procedures. You agree to pay FASHIONPASS’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 hello@thefashionpass.com. You acknowledge that opting out of receiving communications may impact your use of the Services."



B. Rentals

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 for your rental of the Product. When you place your rental order for a Product, you hereby authorize FASHIONPASS to charge your payment card for the Rental Fee. FASHIONPASS will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of a Product on the Site 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 FASHIONPASS 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 FASHIONPASS 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 FASHIONPASS, shall be paid by you to FASHIONPASS in connection with your rental order.


CANCELLATION POLICY. You may cancel your rental order subject to the following cancellation fees and policies: 

  1. 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.

  2. 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, but you will receive a full credit to your FASHIONPASS account for the Rental Fee associated with the cancelled order. This credit can be applied to any future FASHIONPASS rental.

  3. If you cancel fourteen (14) or fewer days in advance of the delivery date, you will receive a credit to your FASHIONPASS account for the Rental Fee associated with the cancelled order, minus a cancellation fee of $9.95.


RETURN PACKAGING. With delivery of the Product, FASHIONPASS will provide you with a pre-paid, pre-addressed FASHIONPASS box or mailing envelope (as the case may be) as well as instructions for your use in returning the Products to FASHIONPASS (“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 Los Angeles by courier service, you agree to bear responsibility for receipt of Products shipped to the location specified at time of check out. You acknowledge that a safe and secure Shipping Address is used for the delivery of your order. A “secure" "shipping" "address" means a location where an individual can physically receive Product(s). In the event that an un-secure shipping address is provided, FASHIONPASS does not bear liability for Products left unattended. It is your responsibility to provide FashionPass with a safe and secure shipping address. Packages that have been delivered by the shipping carrier and left unattended are left unattended at your own risk. As soon as the package's tracking shows a delivered status from the carrier, the responsibility falls on you to retrieve your package under all circumstances. Packages that are stolen or tampered with after delivery are your responsibility. Because of this, we highly recommend you are available to receive your package upon delivery and provide a safe and secure shipping address. Placing an order for delivery while you are absent or out of town is not recommended and will result in a charge for the items if your delivered package is stolen. FashionPass GO members are liable for items stolen after delivery for 80% of the listed retail price. One-Time Rental customers are liable for items stolen after delivery for up to 100% of the listed retail price. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which FASHIONPASS will not be liable. You will be liable for all such delays and additional delivery fees.

Note that if there is any issue with the Products, such a defect or something is missing, it is your responsibility to let us know no later than 24 hours of receiving your items.


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, packages that have been tampered with, damage in transit, and items stolen or lost during transit. You are also responsible for loss, destruction or damage to the Products due to 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. Note that if you purchase or are provided free fashion tape or hem tape from FashionPass, you are liable for any damage caused to the Products by use of the tape. Fashion Tape must be used on the inside of a product, and you may be charged for damage done to a Product by misusing fashion tape.


RETURN OF THE PRODUCTS; EXTENSIONS. You agree to return the Products to FASHIONPASS using the provided return packaging and pre-paid label on or before the return date for the Products that are identified in the online confirmation for your order. You must return the Product by delivering the Product in the Return Packaging to a FedEx store located in the United States by 12 p.m. on your rental return date or 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 FASHIONPASS 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 at hello@thefashionpass.com. 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.

You are required to keep a valid card on file for the duration of your rental(s)/membership. If the products are returned damaged or not returned at all and the applicable charge does not go through on the card(s) associated with your account, your account will be considered past due. From that time you will have 30 days to reconcile your account until the items are considered stolen, at which point you are subject to any and all collections procedures and/or legal action that FashionPass chooses to take.


LATE FEES. If you return the Products late or not at all, a late fee of ten dollars ($10.00) 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 FASHIONPASS 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 FASHIONPASS 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% RETAiL VALUE FASHIONPASS 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 FASHIONPASS 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).


LIMITED WARRANTIES. The following are the limited warranties FASHIONPASS provides in connection with Product rentals. FASHIONPASS’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 FASHIONPASS. 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. FASHIONPASS dry cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and FASHIONPASS 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 FASHIONPASS within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting FASHIONPASS at hello@thefashionpass.com or phone and returning the Product in conformance with the return procedures above (a “Sizing Return”). FASHIONPASS 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.

  • BACKUP PRODUCTS. If you order a Product hereunder, you may also order a backup Product (at the same or lower price tier as the first Product) (a “Backup Product”) for a reduced rate, as set forth on the Site or App, for the same time period that you order the first Product. Any Backup Products must be returned together with the Product with which it was ordered. These Terms apply to any Backup Products just as to any other Product; provided that the sizing guarantees and credits described under “Sizing Returns” do not apply. We may discontinue the availability of Backup Products at any time.



C. Sales

The following additional conditions apply to the sale of any Product.


PRODUCTS ARE USED; ALL SALES ARE FINAL AND “AS IS.” You acknowledge and agree that only those Products designated by us on the Site or App as available for purchase are eligible for purchase by you. EXCEPT FOR INTIMATES, SHAPEWEAR AND BEAUTY PRODUCTS, THE PRODUCTS FOR SALE HAVE BEEN PREVIOUSLY RENTED BY OTHER CUSTOMERS AND ARE NOT NEW. FASHIONPASS will professionally clean and inspect the Products before they are delivered to you. However, all Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.


PURCHASE PRICE. The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the FASHIONPASS website at the time of purchase, and is subject to change. FASHIONPASS reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize FASHIONPASS to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices 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 FASHIONPASS, shall be paid by you to FASHIONPASS in connection with your purchase order. Purchase orders are final and cannot be cancelled.


D. Gift Cards, Gift Credits, Gift Certificates

The following additional conditions apply to the sale of Gift Cards, Gift Certificates and Gift Credits:


I. USE 
Gift Cards, Gift Credits and Gift Certificates may be redeemed for any rental online at thefashionpass.com. Gift credits will automatically apply to your order online. Gift cards and Gift certificates will require an entry into the Gift Card field during checkout online. Total purchase value will be deducted from the amount of the Gift Credits, Gift Card or Gift Certificates until the value reaches zero.


II. APPLICABILITY 
Valid on FashionPass merchandise only. Subject to limited availability for use on subscription services, including FashionPass Go . Cannot be used or redeemed with other promotional offers and cannot applied as payment on any account.


III. REFUNDS 
Not redeemable for cash except as required by law.


IV. LIMITED USE 
Additional value cannot be added to Gift Credits, Gift Cards or Gift Certificates. Void if resold or transferred for value.


V. TERM OF PURCHASE 
Gift Credit, Gift Card or Gift Certificate purchases are final sale only and cannot be returned.


VI. BALANCE 
To check the balance of your gift credit, you can login to your account on thefashionpass.com.


VII. REPLACEMENTS 
Replacement for lost or stolen cards may be requested by contacting our Customer Experience team at hello@thefashionpass.com. There is no fee for a replacement.


3. SPECIAL TRIAL PROGRAMS



A. General Conditions


FASHIONPASS 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 “FashionPass Go ” service.


CHANGES TO PROGRAMS. FASHIONPASS 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.


NEW CUSTOMERS. We reserve the right to cancel a membership at any time if we find a member using a promotional code that is only intended for new users, as described by language such as "try your first month". Promotional codes for trial periods or first time members are only for customers who have never created a subscription before. Furthermore, promotional discounts for new customers on one-time rental orders are only for new customers. New customers are customers who have never placed an order before. Customers found with multiple accounts, using different names and/or email addresses are subject to cancelled orders and subscriptions, at our discretion.


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.



B. FashionPass Go Program.


The following additional terms and conditions apply if you subscribe to FashionPass Go .


FashionPass Go . If you subscribe to FashionPass Go , you will be entitled to rent 3 products for Socialite, 5 products for Trendsetter, and 7 products for Wanderlust at any time from a range of Products designated on the Site (such Products, the “FashionPass Go products. Exceptions from FashionPass Go are determined by us in our sole discretion. Subject to your compliance with these Terms (including payment of fees) and our right to terminate FashionPass Go , we do not impose any limitations on the time period during which you may keep any Product we have sent to you through FashionPass Go . Because FashionPass Go is a beta, membership is limited and may not always be available. Fees. If you subscribe to FashionPass Go , FASHIONPASS will charge you a pre-paid subscription fee or a monthly subscription fee that will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. After a pre-pay period ends, your subscription membership will automatically renew and you will be billed every 30 days at the then current fee to your payment method on file. The current monthly FashionPass Go 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 FASHIONPASS or our third party payment processor to charge your payment card for the applicable FashionPass Go 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 while in transit or in your possession. FashionPass Go subscription fees are non-refundable except as expressly set forth below. Taxes may apply on FashionPass Go subscription fees. Cancellation of Your Membership. There are no refunds to a pre-paid FashionPass Go membership. Your monthly FashionPass Go subscription automatically renews and you will be billed every 30 days. To cancel your monthly membership, you may cancel directly from your account here. You must return your Fashion Pass Go Products before the end of your current bulling period (located in account settings) to avoid additional fees. If FASHIONPASS does not receive your FashionPass Go Products by the end of your billing period in which you want to cancel your membership, FASHIONPASS will charge you for your next billing cycle.


DELIVERY. All deliveries will be through FASHIONPASS's shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of FASHIONPASS. The courier services described in Section 2(A) will be available for deliveries in Los Angeles. We will provide you with information about estimated delivery and arrival times of FashionPass Go Products through the Site. It is your responsibility to provide FashionPass with a safe and secure shipping address. Packages that have been delivered by the shipping carrier and left unattended are left unattended at your own risk. As soon as the package's tracking shows a delivered status from the carrier, the responsibility falls on you to retrieve your package under all circumstances. Packages that are stolen or tampered with after delivery are your responsibility. Because of this, we highly recommend you are available to receive your package upon delivery and provide a safe and secure shipping address. Placing an order for delivery while you are absent or out of town is not recommended and will result in a charge for the items if your delivered package is stolen. FashionPass GO members are liable for items stolen after delivery for 80% of the listed retail price.

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 FASHIONPASS shall not be held liable for any health-related complaints associated with any Product.

Note that if there is any issue with the Products, such a defect or something is missing, it is your responsibility to let us know no later than 24 hours of receiving your items.


FREE ADDED ITEMS.  Should you receive any extra/free bonus clothing or accessories in your order, those item(s) will follow the same terms as outlined in this Terms of Service that any original item in your order would follow. You are liable for any damage, loss, or theft to bonus items in the exact terms that you are liable for any item that was originally in your order. Should you decide to wear the item, it is your responsibility to maintain and preserve the item in the same condition you would for any other item you receive from us. FashionPass GO subscription members may keep their added/bonus items for the membership price of 80% of the retail value. Please note that all sales are final after 15 days of being charged for the items.


RETURNS. With each shipment of Products we send you, we will include one Return Packaging, which you can use to return all of the FashionPass Go Program Products you currently have. We will also provide you with a pre-paid return label from our carrier to use for your return shipment. If you have three (3) Products, you must return all three (3) Products to us in order to be eligible to receive another. When we receive all of your returned Products, you will be able to select items for your next shipment. 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 FashionPass Go . You agree to return any Product using the Return Packaging (as defined in Section 2(B)).


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 FashionPass Go , 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 FashionPass Go Products.


RETURN OF THE PRODUCTS; MISSING ITEMS.  You agree to return ALL of the items in your order. Should you choose to keep any of your items, you will be charged the membership price of 80% of the retail value of the product, plus applicable taxes. Please note that all sales are final after 15 days of being charged for the items. You are responsible for loss of the Products due to theft, mysterious disappearance, packages that have been tampered with, damage in transit, and items stolen or lost during transit. ANY items missing in your return will be charged 80% of the retail value of those items. It is your responsibility to package return items safely and securely. It is also your responsibility to safely and securely give your return package to the correct return carrier. You are responsible for your items/package until we physically receive them back from the carrier. Should you fail to return any items, it will be treated as a membership purchase for 80% of the retail value of the missing products. If you find and return your missing items within 30 days of your missing items charge, you will receive a full refund for those items returned in proper condition as described in these Terms.


DAMAGE, FAILURE TO RETURN PRODUCTS, & CANCELLATION. Unless you cancel your FashionPass Go 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 FashionPass Go subscription or find out more information about your FashionPass Go subscription, including your monthly or recurring pre-pay renewal date, by contacting hello@thefashionpass.com. As soon as you cancel, you will not be eligible to receive any additional Products through FashionPass Go. You may continue to keep Products you have already received through FashionPass Go, but you must return to FASHIONPASS 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 value of the products, plus applicable tax. You will not be entitled to any refund of subscription fees.


CHANGES TO AND TERMINATION OF FASHIONPASS GO. FashionPass Go is a beta program, we reserve the right to modify FashionPass Go (including the subscription fee) or terminate FashionPass Go or your FashionPass Go subscription at our sole discretion without prior notice. If we terminate your FashionPass Go 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 FashionPass Go 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 FashionPass Go for the remainder of that applicable period of your subscription, you will continue to have access to FashionPass Go 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 FashionPass Go , immediately upon our termination of FashionPass Go or your FashionPass Go subscription), you must also return to FASHIONPASS all Products you have received in connection with FashionPass Go .


FASHIONPASS GO BILLING.
FashionPass Go is a monthly subscription service. If you have multiple cards stored in your account, FashionPass reserves the right to charge each card, starting with your default payment method, for purchased items or a monthly membership renewal. Monthly memberships are only renewed for unpaused accounts and accounts that still have not returned their package. If you have not paused your account by visiting the My FashionPass GO tab in My Account AND returned your items by your monthly billing date displayed in My Account, your subscription will renew and we will charge you for another month of service. FashionPass will never make duplicate charges on multiple cards. Should you experience any billing issues, please contact hello@thefashionpass.com directly.

All FashionPass GO members are required to return their membership items from an order they placed, unless they wish to purchase them. Please note that all sales are final after 15 days of being charged for the items. If you place and order and fail to return all of your items after two or more months, you will continue to be charged monthly until your payments reach the membership price of 80% of the listed retail price on our site plus one month of membership cost. After this point, your membership will be automatically paused and the items are yours to keep if you want to keep them. Any customer keeping items for multiple months without returning them are preventing FashionPass from providing those items to other customers and are using the service on a monthly basis. You will not be refunded for keeping the items for several months since you are using the service.


LATE FEES FOR SUBSCRIPTION PAYMENTS.
FashionPass GO members who fail to update their account with a valid, working credit card are subject to a 10% late fee for all payments that are past due by 30 days or more. For example, an account that is delinquent for 60 days is liable to pay the balance owed for 2 months plus 10% of the total balance. Your credit card can be updated on the billing info tab in My Account.

You are required to keep a valid card on file for the duration of your rental(s)/membership. If the products are returned damaged or not returned at all and the applicable charge does not go through on the card(s) associated with your account, your account will be considered past due. From that time you will have 30 days to reconcile your account until the items are considered stolen, at which point you are subject to any and all collections procedures and/or legal action that FashionPass chooses to take.


CARD AUTHORIZATION  You authorize FashionPass to make a $0.50 authorization charge on one or more of your credit cards after each return. This amount will be immediately reversed/refunded and should not appear on your credit card statement. The description would say "FashionPass AuthCharge". Should you see a charge like this, please allow 3-5 business days for the refund to appear. If it does not, please contact us at hello@thefashionpass.com.


FRAUDULENT ACTIVITY AND LINKED ACCOUNTS.
Fraudulent activty is closely monitored by FashionPass. If FashionPass finds your account to be behaving in a fraudulent manner, we reserve the right to charge your card or any cards linked to your account to recover the cost of our lost items, including any additional/free added bonus items to your order, for up to 100% of the retail value.

If a user is found to have multiple accounts, FashionPass reserves the right to terminate any and all of the accounts. If a user is found to have multiple subscriptions, with multiple orders places, the user will be charged up to 100% of the retail value for any items in the customer's possession, at FashionPass's sole discretion. Should the items be returned in proper condition, the customer will receive a full refund.

FashionPass determines if an account is linked based on various factors and ultimately it is upto FashionPass's sole discretion to determine if two accounts are from the same user. We reserve the right to charge any and all cards on file to collect funds for monies owed due to account delinquency or theft. Stolen packages or missing payments due to failure to abide by these Terms of Service will result in a charge of up to 100% of the retail value of the missing items until the items are safely returned.




4. Use of the Services



A. FASHIONPASS 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 (“FASHIONPASS 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 FASHIONPASS 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 FASHIONPASS Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the FASHIONPASS Content.


UPDATES We may update the FASHIONPASS 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 legalinfo@thefashionpass.com. 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.



B. Third Party Content


LINKS TO THIRD-PARTY WEBSITES. The Services may contain links or references to non-FASHIONPASS websites, products, services or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and FASHIONPASS 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 FASHIONPASS, and FASHIONPASS has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that FASHIONPASS endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.



C. Acceptable Use Policy


USE OF FASHIONPASS CONTENT. No part of the Services, including the FASHIONPASS Content, may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that FASHIONPASS authorizes you to view, copy, download, and print FASHIONPASS Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the FASHIONPASS Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the FASHIONPASS Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the FASHIONPASS Content.


USE OF THE SERVICES. You may not use the Services to: (i) transmit any content, information or other materials that are, or which FASHIONPASS 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 FASHIONPASS 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 FASHIONPASS 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.



D. Your Content


If you post, upload or make available to FASHIONPASS or the Services, or otherwise submit to or through FASHIONPASS as part of your use of the Services, including the Site, 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 FASHIONPASS 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, 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 FASHIONPASS 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.



E. 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 FASHIONPASS promptly of any unauthorized use of your account or password.



F. Delays


There may be delays, omissions, or inaccuracies in the Services, including the FASHIONPASS Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.



G. Job Postings


FASHIONPASS 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.




5. INTELLECTUAL PROPERTY



A. Ownership of the Services


The Services, including the FASHIONPASS Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of FASHIONPASS 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, “FashionPass” and the FASHIONPASS logo are registered trademarks of FashionPass, Inc., under the applicable laws of the United States and/or other countries. Other FASHIONPASS product or service names or logos appearing on or through the Services are either trademarks or registered trademarks of FASHIONPASS and/or its affiliates. All other product names are trademarks or registered trademarks of their respective owners. FASHIONPASS 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 FASHIONPASS Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of FASHIONPASS or such third party that may own such FASHIONPASS Content.



B. Services License


Subject to your compliance with these Terms, FASHIONPASS grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.



C. Feedback


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 FASHIONPASS may use your Feedback without restriction or obligation to you or any third party.



D. Notice and Take Down Procedures; Copyright Agent


If you believe any FASHIONPASS Content infringes your copyright, you may request removal of those materials (or access thereto) by contacting FASHIONPASS’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.


FASHIONPASS's agent for copyright issues relating to the Services is as follows:

E-Mail address: hello@thefashionpass.com

In an effort to protect the rights of copyright owners, FASHIONPASS maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.

6. TERMINATION



A. Termination By You


You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate your account, you must log in on thefashionpass.com. Once you are logged in, click on “My Account, and then click on “My FashionPass”. You can then click “Pause/Cancel membership” and your account will be deactivated. You understand that Your Content may continue to exist and be used on or through the Service even after such deactivation.



B. Termination By FASHIONPASS


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. FASHIONPASS may also terminate your account if FASHIONPASS determines that your conduct poses a risk or liability to FASHIONPASS, or for any other reason as determined by FASHIONPASS in its sole discretion.



C. 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.




7. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY



A. 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 FASHIONPASS 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 FASHIONPASS's sole and exclusive liability for a breach by FASHIONPASS of the limited warranties set out in Section 2(B) shall be, at FASHIONPASS's option, FASHIONPASS'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).



B. 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, FASHIONPASS DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE FASHIONPASS 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.



C. Limitation of Liability


UNDER NO CIRCUMSTANCES SHALL FASHIONPASS 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 FASHIONPASS 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.




8. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER


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.



A. Informal Process First


Both you and FASHIONPASS agree that in the event of any dispute between us, you and FASHIONPASS 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.



B. Mandatory Arbitration of Disputes


All disputes between you and FASHIONPASS 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 FASHIONPASS 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 FASHIONPASS 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 a JAMS facility in your area or at a JAMS facility in Los Angeles.


(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 FASHIONPASS 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. 


C. Class Action Waiver


The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and FASHIONPASS shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.




9. MISCELLANEOUS


JURISDICTIONAL ISSUES. FASHIONPASS makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The Services may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that FASHIONPASS intends to announce or make available such products or services to the general public, or in your country. Contact FASHIONPASS at hello@thefashionpass.com to determine which products and services may be available to you.


EXPORT LAWS. The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the FASHIONPASS Content, or any part thereof, in any way, in violation of United States law.


GOVERNING LAW AND VENUE. These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in Los Angeles County, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.


ENTIRE AGREEMENT. These Terms are the entire agreement between you and FASHIONPASS relating to the subject matter herein and shall not be modified except by FASHIONPASS in accordance with these Terms, or as otherwise agreed in writing by you and FASHIONPASS. No employee, agent or other representative of FASHIONPASS has any authority to bind FASHIONPASS with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.


SEVERABILITY AND WAIVER. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.


ASSIGNMENT. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. FASHIONPASS may assign these Terms at any time without notice to you.


FORCE MAJEURE. FASHIONPASS will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond FASHIONPASS’s reasonable control.


CONTACT INFORMATION. Please send any questions or comments, or report violations of these Terms, to FASHIONPASS at hello@thefashionpass.com.


10. Product Reviews Policy


Any FashionPass user with an account on thefashionpass.com is able to write a review. However, these reviews are published at the sole discretion of FashionPass. FashionPass reserves the right to delete or alter reviews found to contain errors, spam messages, false images, or containing content not intended to help other FashionPass users learn more about the product being reviewed. FashionPass reserves the right to delete or alter any review without notifying the original author. Reviews are left for products on thefashionpass.com strictly to educate other users about the product and its fit. Reviews shall NOT be used as a means of defaming other users, nor shall they be used as a means of advertising goods or services other than those found on thefashionpass.com.



11. Invite Friends Program


The FashionPass Invite Friends program is brought to you by FashionPass, Inc. FashionPass may, at any time, terminate, alter or modify the Invite Friends program and/or these terms and conditions without any further obligations. We will provide written notice(s) via email or a notice will be posted on thefashionpass.com should we terminate, alter or modify the FashionPass Invite Friends program and/or these terms and conditions. “Terms and conditions” shall refer to these terms and conditions, as they are modified by FashionPass in its sole and absolute discretion.



A. How to Participate in the Invite Friends Program as an Advocate


The FashionPass Invite Friends program begins at 12:00 a.m. Pacific Time (“PT”) on January 10, 2018 and ends at 11:59 p.m. PT on December 31, 2021 (the “Program Period”) and is open to all Advocates and Referrals (as defined below) who reside in the U.S. and are at least eighteen (18) years or older at the time of participation. No purchase is necessary to join or participate in the FashionPass Invite Friends program. By joining and participating in the FashionPass Invite Friends program, you represent that you agree to these terms and conditions. To become an advocate for FashionPass (an “Advocate”, “You” or “Your”), between the beginning of the Program Period and 11:59 p.m. PT on December 31, 2021, go to [https://www.thefashionpass.com/pages/invite-friends] and, using the format(s) provided, invite your friends and family (your “Referrals”) to use a discount code (the “Discount”) to shop at thefashionpass.com (each, an “Invitation”) . Only Referrals who have not previously made a purchase at thefashionpass.com (as determined by FashionPass in its sole discretion): (a) qualify to use the discount code provided in Your Invitation; and/or (b) will receive an email Invitation if you select the email Invitation format provided. The Invitation will identify You (including Your email address) as the Advocate who referred such Referral to FashionPass, and will include a Discount in the amount of $60.00 off on Your qualifying Referral’s first membership sign up purchase at thefashionpass.com. In addition to email match, FashionPass reserves the right, and may employ other techniques, to confirm that your Referral has not previously made a purchase with FashionPass. Immediately after Your qualifying Referral uses the Discount You will receive an email from FashionPass to inform you that Your Referral credit was applied to your account, and will automatically be applied to your next checkout. A current, valid email address must be on record for You in order for You to be eligible to receive this email.


You may invite up to 5000 Referrals to join the Invite Friends program, however you are limited to use of a maximum use of 100 Invite Friends Credits or a total of $2,000.00 in savings, collectively, from Invite Friends Credit(s), whichever comes first. Advocates may only provide each email address and each Referral one time. You may not use spam or send unsolicited emails to persons with whom You do not personally know or have direct, voluntary two­-way communications. You may not collect referrals by posting the invite other than as expressly permitted in these Terms and Conditions. In addition, You may not post Your unique link on any of FashionPass’s social media sites. FashionPass and its affiliates’ employees and franchisees (and their spouses/domestic partners) are not eligible to participate in the FashionPass Invite Friends program.



B. How to Use Invite Friends Credits


Invite Friends Credits are discounts off future purchases at thefashionpass.com. Invite Friends Credits are automatically applied to your account and may be used for monthly billing, membership sign ups, upgrades, shipping charges, or one-time rental checkouts. Invite Friends Credits may not be applied to previous purchases. Transactions involving redeeming Invite Friends Credits are not eligible for price adjustments. Invite Friends Credits may not be transferred in any way. Invite Friends Credits are non-transferrable and may only be redeemed by the Advocate to whom the Invite Friends Credit was awarded.


C. Information for Referrals


Referrals must be a customer who has never made a purchase at FashionPass (including thefashionpass.com) to qualify as a Referral. The Invitation and Discount does not expire, however expirations may be added or altered at any time at FashionPass’ discretion. Invitations communicated on social media may remain up on social media, however, the Discount may expire and/or change at any time in FashionPass’s sole discretion. In order for Referrals to redeem the Discount, Referrals must click the link sent to such Referral from his/her Advocate and sign up for a membership plan at thefashionpass.com, and the discount will be automatically applied at checkout. If the discount code is not automatically applied, the Referral can use the Discount code and enter it into any promotional code input field. Once a Referral redeems his/her Discount and makes a purchase at thefashionpass.com, such Referral’s Advocate will be notified that he/she made the purchase. Provided that the Referral does remain a FashionPass subscribed plan member for at least 28 days. FashionPass has the right to revoke issued Credits from any Referrer should their invited Referral request a refund for their membership sign up or cancel their account for any reason prior to staying for at least 28 days.


D. Non-Qualifying Items


FashionPass Invite Friends Credits and/or Discounts received by Referrals may not be redeemed on the following: purchases of gift cards/credits. Other exclusions may apply. FashionPass may add or delete non-qualifying items in FashionPass’s sole and absolute discretion.


E. General Terms


Invite Friends Credits and Discounts have no cash value and are non­transferable. FashionPass is not responsible for communication errors, including distribution of Invite Friends Credits and/or Discounts, due to a change of email address or other changes in contact information. Other restrictions or exclusions may apply. Once Invite Friends Credits and Discounts are used, they are not refundable. In all matters relating to the administration of the FashionPass Invite Friends program, the decisions of FashionPass shall be final. FashionPass reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the program, in whole or in part; to modify, limit or suspend the use of or referral discounts in any respect; to modify or change redemption procedures, including the savings required for particular reward. In addition, FashionPass reserves the right to cancel your Invite Friends Credit and/or offer code if you, in FashionPass’s sole discretion, violate any of these terms and conditions or any applicable law, earn the credit via deception, forgery, fraud, or commit any other abuse of the FashionPass Invite Friends program. FashionPass may make these changes even though the changes may affect the value of discounts already accumulated at any time.


F. How to Contact the FashionPass Invite Friends Program


By e­mail: hello@thefashionpass.com


G. Marketing


The information you provide as a member of the FashionPass Invite Friends program will be managed by FashionPass as described in FashionPass’s Privacy Policy.
By participating in the FashionPass Invite Friends program, you to agree to receive advertising, marketing materials and other communications from FashionPass. You may opt out of receiving these emails by clicking on the opt out on the bottom of any of the emails and following the instructions.


H. Limitation of Liability


FASHIONPASS SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE FASHIONPASS INVITE FRIENDS PROGRAM. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT FASHIONPASS HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE FASHIONPASS INVITE FRIENDS PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FASHIONPASS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THEFASHIONPASS .COM AND FASHIONPASS SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THIS PARAGRAPH SHALL NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
Advocates may be personally liable for civil and/or criminal penalties under applicable law.


I. Governing Law


Governing Law and Venue. The FashionPass Invite Friends program will be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action shall be resolved exclusively by a state or federal court located in Los Angeles County, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
You and FashionPass agree that the Mandatory Arbitration and Class-Action Waiver provisions as set forth in Paragraph 8 above apply to the FashionPass Invite Friends program and are incorporated into this paragraph by reference as if fully set forth herein.




12. FashionPass Cash “Free Stuff” Promotions


The FashionPass Cash program is brought to you by FashionPass, Inc. FashionPass may, at any time, terminate, alter or modify the FashionPass Cash program and/or these terms and conditions without any further obligations. We will provide written notice(s) via email or a notice will be posted on thefashionpass.com should we terminate, alter or modify the FashionPass Cash program and/or these terms and conditions. “Terms and conditions” shall refer to these terms and conditions, as they are modified by FashionPass in its sole and absolute discretion.



A. How to Participate in the FashionPass Cash


The FashionPass Cash program begins at 12:00 a.m. Pacific Time (“PT”) on January 10, 2018 and ends at 11:59 p.m. PT on December 31, 2021 (the “Program Period”) and is open to all site users (as defined below) who reside in the U.S. and are at least eighteen (18) years or older at the time of participation. No purchase is necessary to join or participate in the FashionPass Cash program. By joining and participating in the FashionPass Cash program, you represent that you agree to these terms and conditions.
To become an advocate for FashionPass (an “Advocate”, “You” or “Your”), between the beginning of the Program Period and 11:59 p.m. PT on December 31, 2021, go to [https://www.thefashionpass.com/pages/free-stuff] and, using the format(s) provided, select from one of the promotion options. You can Invite Friends, leave reviews, receive a birthday promotion, like our Facebook page, share our Facebook post, or tag us on Instagram. Each option contains its own terms and conditions.


B. How to Use FashionPass Cash Credits


FashionPass Cash Credits are discounts off future purchases at thefashionpass.com. FashionPass Cash Credits are automatically applied to your account and may be used for monthly billing, membership sign ups, upgrades, shipping charges, or one-time rental checkouts. FashionPass Cash Credits may not be applied to previous purchases. Transactions involving redeeming FashionPass Cash Credits are not eligible for price adjustments. FashionPass Cash Credits may not be transferred in any way.
FashionPass Cash Credits are non-transferrable and may only be redeemed by the Advocate to whom the FashionPass Cash Credits was awarded.


C. Information for each Promotion


Invite Friends credits are subject to the Terms & Conditions outlined in Section 11 Invite Friends Program.

Birthday Credit are only issued once per year, and is issued at FashionPass’s sole discretion. If you change your birth date in My Account, you may receive this promotional credit less than annually, if at all. FashionPass reserves the right to revoke a birthday credit at their discretion, for any reason.

Product Review Credits are issued immediately upon leaving the Review. However, FashionPass reserves the right to revoke a credit issued if it finds the Review to violate our Reviews Terms outlined in Section 10 Product Reviews Policy. Credits may be revoked at FashionPass’s sole discretion if it finds a Review to not be relevant toward helping other members learn more about the product. Reviews left for the sole purpose of earning Credits and not helping other FashionPass members learn more about the Product may result in credits being revoked.

Facebook page like credits will be issued within one week. Our Facebook page can only be liked once per person (forever) to earn credit. You must remain liking the FashionPass Facebook page for at least 1 year to keep your credit. Should FashionPass find that you liked the page to earn credit, and then within one year unliked that page, FashionPass reserves the right to revoke your Credit at any time, at FashionPass’s sole discretion.

Facebook post share credits will be issued within one week of posting. You can only redeem this credit once. FashionPass reserves the right to revoke a credit if they find your post to be deleted. FashionPass reserves the right to limit any member from posting and earning credit, at the sole discretion of FashionPass. If FashionPass determines that your post is not seen by enough people, or the right audience, FashionPass has the right to not allow this promotion for every member.

Insta Story tag credits will only be issued if @fashionpass is following you on Instagram. Please ensure that you DM @fashionpass so we can follow you on Instagram to make you eligible to receive credit. You must visibly tag @fashionpass in your story to receive credit. It is at FashionPass’s sole discretion to issue credit. If FashionPass determines your tag was not visible enough, you will not receive credit. Your story must be left on Instagram, with the tag, for a full 24 hours in order to receive credit. You can redeem a story credit once every 30 days. Your story will be reviewed and your credit will be issued within a few days. FashionPass reserves the right to limit any member from posting stories and earning credit, at the sole discretion of FashionPass. If FashionPass determines that your post is not seen by enough people, or the right audience, FashionPass has the right to not allow this promotion for every member.

Instagram Post and Comment tag credits will only be issued if @fashionpass is following you on Instagram. Please ensure that you DM @fashionpass so we can follow you on Instagram to make you eligible to receive credit. If you tap-tag @fashionpass in your photo, you must be wearing a FashionPass outfit in your photo. Note that deleted tags/comments will not be valid to redeem credit. If FashionPass finds your post to be altered or deleted, FashionPass may revoke credits that have been issued for a tap tag or caption at any time. You can redeem a post tap-tag or comment credit once every 30 days. Your Instagram post will be reviewed and your credit will be issued within one week. FashionPass reserves the right to limit any member from posting photos, tagging, commenting, and earning credit, at the sole discretion of FashionPass. If FashionPass determines that your post is not seen by enough people, or the right audience, FashionPass has the right to not allow this promotion for every member.


D. Non-Qualifying Items


FashionPass Cash Credits and/or Discounts received by Promotions may not be redeemed on the following: purchases of gift cards/credits. Other exclusions may apply. FashionPass may add or delete non-qualifying items in FashionPass’s sole and absolute discretion.


E. General Terms


FashionPass Cash promotional Credits and Discounts have no cash value and are non­transferable. FashionPass is not responsible for communication errors, including distribution of FashionPass Cash Credits and/or Discounts, due to a change of email address or other changes in contact information. Other restrictions or exclusions may apply. Once FashionPass promotional Credits and Discounts are used, they are not refundable. In all matters relating to the administration of the FashionPass Cash program, the decisions of FashionPass shall be final. FashionPass reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the program, in whole or in part; to modify, limit or suspend the use of or referral discounts in any respect; to modify or change redemption procedures, including the savings required for particular reward. In addition, FashionPass reserves the right to cancel your FashionPass Cash promotional Credit and/or offer code if you, in FashionPass’s sole discretion, violate any of these terms and conditions or any applicable law, earn the credit via deception, forgery, fraud, or commit any other abuse of the FashionPass Cash program. FashionPass may make these changes even though the changes may affect the value of discounts already accumulated at any time.


F. How to Contact the FashionPass Cash Program


By e­mail: hello@thefashionpass.com


G. Marketing


The information you provide as a member of the FashionPass Cash program will be managed by FashionPass as described in FashionPass’s Privacy Policy.
By participating in the FashionPass Cash program, you to agree to receive advertising, marketing materials and other communications from FashionPass. You may opt out of receiving these emails by clicking on the opt out on the bottom of any of the emails and following the instructions.


H. Limitation of Liability


FASHIONPASS SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE FASHIONPASS CASH PROGRAM. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT FASHIONPASS HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE FASHIONPASS CASH PROGRAM. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FASHIONPASS DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THEFASHIONPASS .COM AND FASHIONPASS SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO. THIS PARAGRAPH SHALL NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
Advocates may be personally liable for civil and/or criminal penalties under applicable law.


I. Governing Law


Governing Law and Venue. The FashionPass Cash program will be governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action shall be resolved exclusively by a state or federal court located in Los Angeles County, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
You and FashionPass agree that the Mandatory Arbitration and Class-Action Waiver provisions as set forth in Paragraph 8 above apply to the FashionPass Cash program and are incorporated into this paragraph by reference as if fully set forth herein.




13. TRYFP29 and TRYFP20 Promo Codes


These promotional codes are only allowed for new members. FashionPass reserves the right to revoke your membership and any orders without a refund if you are found using these codes more than once. Creating new or fake accounts in order to use one of these promotional codes again is in violation of our Terms of Service, and may result in termination of your account without a refund. FashionPass reserves the right to research any FashionPass member on public sources of social media and Google to determine if an account is a duplicate for a single member. Should FashionPass find you in violation of this policy, you will not be eligible to use either of these promotional codes again.



These terms and conditions are effective as of September 4, 2017.

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