Terms of Use
These ecru Web Site Terms of Use ("Terms of Use") explain the contractual agreement between you, the person using this web site ecrustyle.com and ecru regarding your use of the ecru Web Site.
Visitors are invited to visit our Web Site subject to these terms and conditions. We recommend that you review these Terms of Use carefully before using this site. If you do not agree to these terms, do not use ecrustyle.com. By using ecrustyle.com, you assent to the following terms of use. You may also print a copy for your records. Violators will be prosecuted to the full extent of the law.
Background
Via the ecru Web Site, we provide certain information about our products and services and certain other third party information. We may add, delete or modify some or all of our services and information at any time. We do our best to keep our information and pricing accurate. We may change item and pricing information at any time and at our discretion if an error is in place. If at any time you are not in compliance with these Terms of Use, we have the right to terminate your rights of use and your access to the ecrustyle.com. We also have the right to terminate your password used to log into our Web Site, for any reason or no reason.
Updates To Terms Of Use
We may amend these Terms of Use at any time by posting the amended Terms of Use on the ecru Web Site. Your continued use of ecrustyle.com after the posting of the amended Terms of Use constitutes automatic acceptance of the amended Terms of Use. You may only amend these Terms of Use with a writing signed by both of us.
System Integrity
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs, other malicious code or repeated "hacks" or "attacks" on web server(s), intended to damage or interfere with the proper working of ecrustyle.com or to surreptitiously intercept or expropriate any system, data or personal information from the ecru Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
Information Posted on ecru Website and Pricing Policy
Information on the ecru Web Site is "AS IS" and may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. ecru may also make improvements and/or changes in the products and services described on the ecrustyle.com at any time without notice. Any information contained on the ecrustyle.com does not represent a commitment on the part of ecru in the future. That may relate to product descriptions, pricing, promotions, offers and availability.
All coupon codes offered for the website have usage restrictions. Coupons are not eligible on styles that are on sale. Coupons cannot be combined with other offers such as sales, limited time website discounts or other reductions. Coupon codes are only valid at ecrustyle.com and not in physical stores, which carry ecru merchandise. Coupons are not applicable to previous purchases.
We do not endorse any information posted by third parties on the ecrustyle.com and we are not liable for any such information, including but not limited to any information posted about you. We reserve the right to take any action with respect to information posted on ecrustyle.com which we believe is appropriate in our sole discretion with respect to such information, including but not limited to removal of such information and/or termination of your rights of use.
When an order is placed it will be shipping to an address designated by the purchaser as long as the shipping address is compliant with the shipping contained on ecrustyle.com. You are responsible for filing any claims with carriers for damaged or lost shipments.
ecru make all reasonable efforts to accurately display the attributes of the products including the applicable colors, however the actual color you see will depend on your computer system and ecru cannot guarantee that your computer will accurately display such colors.
Links
The ecru Web site may contain links to third-party web sites not under the control or operation of ecru When we provide links, we do so only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site.
Unless you have a written agreement in effect with us which states otherwise, you may only provide a hypertext link to ecrustyle.com on another web site, if you comply with all of the following: (a) the link must be a text-only link clearly marked “ecru" or www.ecrustyle.com ; (b) the link must "point" to the URL www.ecrustyle.com" and not to other pages within ecrustyle.com; (c) the link, when activated by a user, must display the ecrustyle.com full-screen and not within a "frame" on the linking web site; and (d) the appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create the false appearance we are associated with or sponsor the linking web site. We reserve the right to revoke our consent to any link at any time in our sole discretion.
Third Party Content
The ecru Web Site may contain news and information published by various third party providers. The Terms and Conditions of the respective third parties will be posted on the ecru Web Site (and may be updated from time to time). We recommend that you review these Terms and Conditions. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your rights of use and your access to the ecrustyle.com Web Site.
The information and services offered on this Site are provided with the understanding that neither ecru nor its suppliers or users are engaged in rendering legal or other professional services or advice. AS A SERVICE TO PEOPLE WHO VISIT THE WEB SITE, ECRU PERMITS ATTORNEYS AND OTHER REAL ESTATE RELATED VENDORS TO PUBLISH INFORMATION REGARDING THEMSELVES AND THEIR SERVICES. ECRU DOES NOT RECOMMEND OR ENDORSE ANY OF THESE VENDORS, AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY THE REAL ESTATE VENDORS OR OTHERWISE THROUGH THE WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR CONTENT AVAILABLE ON OR THROUGH THE WEB SITE.
Privacy
We recommend that you review our Privacy Policy which is posted on the ecru Web Site, and which is a part of these Terms of Use. We may also amend the Privacy Policy from time to time. If at any time you are not in compliance with the policy, we have the right to terminate your rights of use and access to ecrustyle.com. Unfortunately, we cannot insure that all personal information will never be disclosed in ways not otherwise described in the Privacy Policy. We may be required by law to disclose information to government authorities, law enforcement or to third parties upon subpoena, and you authorize us to disclose information as we believe, in our sole discretion, is necessary or appropriate.
Ownership
The ecru Web Site and all intellectual property rights included in or related to the ecru Web Site (including but not limited to copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in the ecru Web Site and the intellectual property rights remain our property (or the property of the respective Licensors). You may not, and these Terms of Use do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the ecru Web Site. Certain content may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the ecru Web Site or its content ecrustyle.com and the ecru logo are trademarks of ecru.
Our Relationship
The ecru Web Site is only a site providing information and products about ecru and its products and services. No agency, partnership, joint venture, employee- employer or franchisor-franchisee relationship is intended or created by these Terms of Use between you and ecru These Terms of Use are an agreement between you and us and are not intended to be for the benefit of any third party.
Governing Law And Jurisdiction
The ecru Web Site (excluding linked sites) is operated by us from our offices in Summit, New Jersey, USA. It can be accessed from all 50 states in the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of New Jersey, USA, by accessing the ecru Web Site, you agree that these Terms of Use and your use of the ecru Web Site shall be governed in all respects by the internal substantive laws of the State of New Jersey, United States of America, without regard to conflict of laws provisions. You further submit to jurisdiction and venue in the courts located in New Jersey and further agree that any cause of action you may bring arising under your use of the ecru Web Site shall be brought by you exclusively in a court located in New Jersey. ecru makes no representation that materials on ecrustyle.com are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
No Warranty
WE PROVIDE THE ECRU WEB SITE AND OUR SERVICES "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SERVICES, AND OPERATION OF THE ECRU WEB SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. THE CONTENT AVAILABLE ON THE WEB SITE IS AT THE SOLE RISK OF THE USER. YOU USE THE ECRU WEB SITE AT YOUR OWN RISK.
Limitation Of Liability
In the event that you have a dispute with one or more users or vendors of the ecru Web Site, you release us (and our agents and employees) from claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the ecru Web Site or such disputes. You waive the provisions of any law or regulation limiting or prohibiting a general release.
We use reasonable effort to provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of the ecru Website caused by our supplier's performance or lack of performance of the maintenance work to keep the ecru Web Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to ecrustyle.com
IN NO EVENT SHALL ECRU BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
The limitations of liability provided in these Terms of Use inure to the benefit of ecru, our affiliates and to all of our respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms of Use, in which case they are not applicable to you.
SMS/MMS Mobile Message marketing Program
Ecru Designs, LLC. (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
User Opt In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of clothing.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at product-inquiry@ecrustyle.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction
You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution
In the event that there is a dispute, claim, or controversy between you and Us, or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in South Orange, New Jersey before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Ecru’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
