All terms and conditions are applicable to the extent permitted by law. If any of these terms and conditions is deemed invalid, void or for any reason unenforceable, that unenforceable term will be deemed severable and will not affect the validity and enforceability of any remaining terms and conditions.
II. TERMINATION OF ACCESS
- "Affiliates" refers to companies and divisions under the ownership of BJ Acquisition LLC or that own BJ Acquisition LLC.
- "Content" includes all Text, Graphics, Design and Programming used on the Website.
- "Graphics" includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.
- "Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.
IV. USE OF THIS WEBSITE
V. ACCOUNT REGISTRATION
Certain functions of the Website may require registration, including purchasing products and posting reviews. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Website and all other activities performed by the party using your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including, but not limited to, any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed. By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time. You may access your account at My Account.
VI. PRODUCT INFORMATION AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain colors, measures and similar descriptions may be approximate and are provided for convenience purposes only. For example, the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors of products offered on the Website. We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on the Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.
VII. PRODUCT ORDERS; QUANTITY LIMITS; RESALE
We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available. You may not purchase any item from the Website for resale by you or any other person, and you may not resell any item purchased from the Website.
VIII. REFUNDS AND EXCHANGES
We want to make sure that you are satisfied with the products purchased on the Website. We gladly accept returns of unworn merchandise within 30 days of delivery. This excludes clearance items and earrings, which may not be returned or exchanged. Perfume and lotion may only be returned if the packaging has not been opened. Please see our refund and exchange policies.
IX. SWEEPSTAKES, CONTESTS AND PROMOTIONS
X. RESTRICTIONS ON USE OF THE WEBSITE
- Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, or otherwise unlawful;
- Harm or exploit children;
- Advocate illegal activity or an intention to commit an illegal act;
- Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content;
- Email or transmit content that constitutes a "pyramid" or similar scheme;
- Email or transmit content that infringes on the intellectual property or the right of any entity or person;
- Advertise or otherwise engage in any commercial endeavor without Betsey Johnson's explicit, written permission;
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or
- Disrupt the normal flow of communications or affect the ability of others to engage in activities via the Website.
XI. INFORMATION YOU PROVIDE TO BETSEY JOHNSON VIA THE WEBSITE
XII. LIMITATIONS ON INFORMATION SUBMITTED
Any Submissions to us, through the Website or otherwise, are subject to the following guidelines and restrictions:
- It may not contain URLs or links to any other websites (to advertise your company or website, contact our Sales department at email@example.com);
- It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material and provide proper attribution to the copyright owner);
- It may not contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components;
- It is not or could not be construed to be spam mail or any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents.
- It may not contain trade secrets (unless you own them or have the owner's permission to transmit them);
- It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, trade dress or trade secret rights, or any other marks;
- It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, derogatory, bigoted, or hateful;
- It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
- It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
- You may not solicit money, investments or make any offering of securities or investments;
- You may not submit chain letters or pyramid schemes; and
- You may not submit opinions or notices, commercial or otherwise.
To the fullest extent permitted by applicable law, you agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission, as further set forth below. To the fullest extent permitted by applicable law, you further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.
Betsey Johnson may offer features through the Website that enable you to post information and materials publicly, for example, in product reviews, chat areas, and other similar forums (collectively, "Forums"). All of the rules of conduct described in the Limitations on Information Submitted section above apply to the Forums. We reserve the right, at our sole discretion, to edit any Submission to the Forums and to choose to include or not include such Submission in the Forums or otherwise on the Website. By submitting content to a Forum, you grant Betsey Johnson a non-exclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such content throughout the world on the Website or any other media, now known or hereafter devised; and (b) use the name that you submit in connection with such content.
The Forums include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content in the Forums, including such content's accuracy, reliability or compliance with copyright or other laws, as further set forth below. Any opinions, statements or other materials made available by third parties through the Forums or otherwise through the Website are those of such third parties and not of Betsey Johnson, and Betsey Johnson does not endorse any such opinions, statements or materials. From time to time, we may offer customers incentives to leave product reviews (for example, to earn points as a member of a loyalty program). Since it is important to us that product reviews are impartial and honest, these incentives will be available to customers regardless of whether a review is positive or negative.
XIV. MONITORING OF INFORMATION
Betsey Johnson does not assume any obligation to review or monitor the content or other information submitted to the Website by third parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may in our discretion review information submitted to the Website for any purpose whatsoever and we reserve the right, in our sole discretion, to remove, edit or reject any information submitted to the Website for any reason whatsoever.
XV. INTELLECTUAL PROPERTY RIGHTS
XVI. PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT
We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to the Website's designated agent noted below (the "Designated Agent"). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works at that Website, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Website to locate the material; (4) information reasonably sufficient to permit Website to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached at:
Betsey Johnson Direct
Attn: Director of Customer Service, Ecommerce
52-16 Barnett Ave
Long Island City, NY 11104
or by e-mail at firstname.lastname@example.org.
If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that we have removed or disabled access to this material. Please note that, under the DMCA, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.
XVII. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. To the fullest extent permitted by applicable law, your use of the Website, and our obligations and liabilities in respect of your use of the Website, is expressly limited as follows:
XVIII. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND ITS CONTENT, INCLUDING ALL PRODUCTS SOLD, ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY WHATSOEVER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THE WEBSITE AND PRODUCTS, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.
BETSEY JOHNSON DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. BETSEY JOHNSON DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THE WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND BETSEY JOHNSON MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION, WITH OR WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BETSEY JOHNSON NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.
XIX. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BETSEY JOHNSON AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, ACTUAL, SPECIAL OR EXEMPLARY DAMAGES, (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BETSEY JOHNSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU FOR DAMAGES OF ANY KIND REGARDING THE USE OF THE WEBSITE (REGARDLESS OF THE BASIS FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE COST OF THE ITEM(S) PURCHASED PLUS SHIPPING AND SALES TAX, AS APPLICABLE OR A MAXIMUM OF $100. YOU ALSO AGREE THAT NO CLAIMS OR CAUSES OF ACTION ARISING OUT OF, OR RELATED TO, YOUR USE OF THE WEBSITE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION AROSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BETSEY JOHNSON IS NOT LIABLE OR RESPONSIBLE IN ANY MANNER FOR ANY CONTENT POSTED ON OR AVAILABLE THROUGH THE WEBSITE (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR YOUR USE OF THE WEBSITE OR FOR THE CONDUCT OF THIRD PARTIES ON OR THROUGH THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. BETSEY JOHNSON IS NOT RESPONSIBLE FOR ANY ACTIONS YOU MAY OR MAY NOT TAKE AS A RESULT OF USING THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND ANY CONSEQUENCE THAT MAY ARISE AS A RESULT OF YOUR USE OF THE SITE.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Betsey Johnson and its affiliates, officers, directors, members, shareholders, agents, suppliers, distributors, employees, contractors and licensors harmless from any claim, demand, damages, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, taxes, liens, losses, expenses, fees and court costs and reasonable attorneys' fees and expenses incurred in connection with any litigation made by any third party arising from: (i) your use of and access of the Website; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your use of the Website caused damage to a third party.
XXI. THIRD-PARTY WEBSITES
XXII. DISPUTE RESOLUTION AND CLASS ACTION WAIVER
A. MANDATORY INFORMAL PRE-SUIT DISPUTE RESOLUTION
Betsey Johnson values our customers and seeks to resolve disputes informally where possible. Before filing any lawsuit relating to a Dispute, you agree to first send a detailed notice (“Notice”) to Betsey Johnson by email at email@example.com. Your Notice must contain all of the following information: (1) your full name; (2) your address; (3) your telephone number; (4) your email address; (5) information sufficient for Betsey Johnson to identify any transaction and/or product at issue (e.g., your order number, order confirmation communication, SKU number, etc.); and (6) a detailed description of your Claim, the nature and basis of your Claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice.
Likewise, Betsey Johnson agrees that if we have a dispute with you, we will first send a detailed Notice to your e-mail address on file with us. Betsey Johnson’s Notice will likewise set forth (1) information sufficient for you to identify any transaction at issue and (2) a detailed description of our dispute, the nature and basis of our claim(s), and the nature and basis of the relief we are seeking with a calculation for it.
You and Betsey Johnson agree to negotiate in good faith, for a period of at least 60 days from the date of the Notice, in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding. Should Betsey Johnson request a telephone conference with you in an effort to resolve your dispute as part of this informal process, you agree to personally participate (with your counsel if you are represented). Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any lawsuit. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. A court shall have the authority to enjoin the filing of any lawsuit concerning a Claim without first providing a Notice or otherwise participating in good faith in this informal dispute resolution process.
B. NO CLASS ACTIONS OR JURY TRIALS
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL CLAIMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS/CONSUMERS OR BRING OR PARTICIPATE IN, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY LAWSUIT OR OTHER DISPUTE RESOLUTION PROCEDURE. YOU AND WE EXPRESSLY WAIVE THEIR RIGHT TO FILE OR PARTICIPATE IN A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
ADDITIONALLY, YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.
XXIII. NOTICE TO NEW JERSEY RESIDENTS
XXIV. GENERAL INFORMATION
Viruses and Transmission of Sensitive Information. Betsey Johnson cannot and does not guarantee or warrant that the materials contained on the Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively "viruses"). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. Betsey Johnson does not assume any responsibility or risk for your use of the Internet, nor does Betsey Johnson assume any responsibility for any products or services of, or hyperlinks to, third-parties.
We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
XXVI. NOTICE OF ACCESSIBILITY
If you are having trouble accessing www.betseyjohnson.com or its mobile app, please call our Customer Service Team at 1 866 222-4243 for assistance.