Introduction
Welcome to our website, conciergecollection.shop (the “Site”). This Site is owned and operated by Concierge Collection (“Concierge Collection”, “we” or “us”). By using this Site, you agree to be bound by these Terms of Use and to use this Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of this Site or to products and services available through this Site or from Concierge Collection.
Accessing this Site, in any manner, whether automated or otherwise, constitutes use of this Site and your agreement to be bound by these Terms of Use. We reserve the right to change these Terms of Use or to impose new conditions on use of this Site, from time to time, in which case we will post the revised Terms of Use on this Site. By continuing to use this Site after we post any such changes, you accept the Terms of Use, as modified.
Intellectual Property Rights
Our Limited License to You. This Site and all the materials available on this Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on this Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to us via this Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.
Third Party Materials; Links. We are not responsible for third party materials included within or linked from this Site, including opinions expressed in bulletin boards or similar forums hosted by us. Such third party materials do not represent our opinions or endorsement by us. We make no representations or warranties with respect to any third party materials, or any link contained in third party materials. In no event shall we be responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), liability, claim, cost or expense arising from or relating to the use of third party materials or links to third party websites.
Trademarks. Concierge Collection and other trademarks, service marks, graphics, and logos used in connection with this Site are trademarks or registered trademarks of Concierge Collection in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with this Site are the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks.
User Conduct
Permitted and Prohibited Uses. The Site is made available for your personal, lawful, non-commercial use only. You may not use the Site or any materials available on the Site: (a) for any purpose that would constitute a civil or criminal offence, give rise to civil liability or otherwise violate any applicable law; (b) to send or receive materials or content that is illegal, obscene, threatening, harassing, defamatory, discriminatory, fraudulent, deceptive, invasive, infringing, harmful, or contains objectionable material; (c) to send unsolicited commercial email containing hyperlinks to websites or webpages or to send unsolicited promotions, advertising or surveys; (d) to engage in conduct that is offensive, abusive, contrary to community standards, or would expose us to civil or criminal liability; (e) to make available links to external websites or email addresses; (f) to distribute computer viruses or anything else designed to disrupt, interrupt or limit the functionality of any software, hardware or equipment; (g) to collect or harvest information about other users; or (h) to gain unauthorized access to the Site, other users’ accounts/profiles, servers or networks connected to the Site, or to obtain password(s), account information or any other information by any means, or attempt to search, crawl or scrape data from the Site.
In addition, you agree that you will not: (i) take any action that imposes or may impose (in our sole discretion and judgment) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site; (iii) bypass any robot exclusion headers or other measures we have taken to restrict access to the Site or use any software, technology or device to scrape, spider or crawl the Site or harvest or manipulate data; or (iv) impose an unreasonable or disproportionately large burden on our infrastructure.
Termination of Permission. We reserve the right, in our sole discretion, to terminate your right to access or otherwise use the Site at any time, without notice, for any or no reason whatsoever.
Registration. To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a special feature of the Site, such as sweepstakes, contests, surveys or other promotions, certain additional information may be required. Registration may require the submission of your email address and/or other identifying information (collectively, “User Information”). If you register for the Site, you agree to provide true, accurate, current and complete User Information and to promptly update the User Information if it changes. If any User Information you provide is untrue, inaccurate, not current or incomplete, we have the right, in our sole discretion, to suspend or terminate your account and refuse any and all current or future use of the Site. You are responsible for maintaining the confidentiality of your password and account information and for restricting access to your password and account. You agree to accept responsibility for all activities that occur under your account or password. Your participation in certain Site features may be subject to additional requirements, such as completing a questionnaire or agreeing to additional terms and conditions, as disclosed to you at the time of registration or participation. You are solely responsible for your interactions with other users.
Right to Monitor. We do not control and are not responsible for the conduct of our users. We reserve the right, but do not have the obligation, to monitor your use of the Site to determine compliance with these Terms of Use and any other operating rules that we establish from time to time. We reserve the right to edit, refuse to post, or to remove any material submitted to or posted on the Site at any time, without notice, at our sole discretion. We may investigate any reported violation of these Terms of Use that we become aware of and determine in our sole discretion whether to take action in any such instance. Despite this stated right, we do not undertake any obligation to monitor disputes between you and other users. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for the conduct of our users, have no obligation to modify or remove any inappropriate user conduct or user content, and have no responsibility for the conduct of any user.
Privacy
We are committed to handling responsibly the information and data we collect through our Site and take reasonable precautions to protect that information from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Please see our Privacy Policy for additional details on the limited nature of data collected.
Disclaimers and Limitations on Liability
THE SITE AND ALL THE MATERIALS AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK.
WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE SITE IS FREE OF VIRUSES.
WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES FEATURED ON THIRD PARTY SITES. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF ITEMS FEATURED ON THIRD PARTY SITES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE USE OF, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, WEBSITES LINKED TO THE SITE, AND/OR INFORMATION ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IS TO STOP USING THE SITE AND/OR THOSE WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR ANY INFORMATION ON THE SITE EXCEED THE GREATER OF TEN DOLLARS ($10) OR ANY FEES PAID TO US FOR THE PREVIOUS ONE MONTH PERIOD.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
Indemnification
You agree to defend, indemnify and hold us and our directors, officers, affiliates, independent contractors, service providers and consultants harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from: (a) your use of the Site or activities in connection with the Site that are not expressly authorized by these Terms of Use; (b) any breach of these Terms of Use by you or anyone using your account; or (c) any violation of applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. This provision will survive any termination or expiration of these Terms of Use.
Governing Law; Dispute Resolution
These Terms of Use shall be construed and enforced in accordance with the laws of the State of New York without regard to its conflict of laws rules. Any dispute arising from or relating to the subject matter of these Terms of Use shall be finally settled in New York County, New York, in English, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, New York County, New York, or the Southern District of New York. Any arbitration under these Terms of Use will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS OF USE, YOU AND WE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
General Provisions
Amendments; No Waivers. We reserve the right, in our sole discretion, to amend these Terms of Use from time to time. We may amend these Terms of Use by posting an updated version on the Site and indicating the new Effective Date below. We encourage you to check this page periodically for updates to these Terms of Use. We may also attempt to notify you of material changes to these Terms of Use by sending a notice to the email address you provide to us or by posting a notice on our homepage. Unless we say otherwise in our notice, changes to these Terms of Use will be effective upon posting of the revised Terms of Use on the Site. Your continued use of this Site following the posting of a revised Terms of Use constitutes your acceptance of the revised Terms of Use. If you do not agree to the revised Terms of Use, your sole remedy is to stop accessing this Site. If you need additional information regarding a specific change, please contact us using the information provided below. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Entire Agreement. These Terms of Use (together with our Privacy Policy and any additional terms that may be presented to you before you use certain features of the Site) contain the entire understanding and agreement between you and us, superseding any prior or contemporaneous agreements, regarding your use of this Site.
Severability. If any provision of these Terms of Use is deemed invalid, void or unenforceable for any reason, that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.
Contact Information. If you have any questions about these Terms of Use or the practices of this Site please contact us at:
Concierge Collection
123 Main Street
Anytown, NY 12345
[email protected]
Effective Date. These Terms of Use are effective as of March 1, 2023.
Additional Terms
In addition to these Terms of Use, the following additional terms apply to your use of the Site:
A. Products and Services
Pricing Information. Concierge Collection attempts to provide accurate pricing information. However, pricing information posted on the Site may contain errors, omissions or inaccuracies. In such cases, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you. Prices on the Site will be honored if still available.
Product Description. We attempt to describe and display the products offered on the Site as accurately as possible. However, we do not warrant that the product descriptions are accurate, complete, reliable, current, or error-free.
Product Availability. Inventory availability information posted on the Site for particular items is updated periodically and may not reflect current availability. We cannot guarantee that any item shown on the Site will be available for purchase when ordered. We reserve the right, without prior notice, to limit the order quantity on any item and/or to refuse service to any customer.
Shipping Policies. Our shipping policies, including shipping costs and expected delivery timelines, are available here.
Taxes. You are responsible for payment of all applicable taxes associated with your purchases from the Site.
B. Returns and Refunds
Concierge Collection gladly accepts returns and exchanges of unused and unopened products within 30 days of receipt of shipment. Customers are responsible for all return shipping costs unless the return is a result of our error. For complete details about our returns and refunds policies, click here.
C. Promotions
Concierge Collection may offer promotions, discounts, sweepstakes or contests through the Site from time to time. Each promotion will have its own specific rules and restrictions that will be posted on the relevant page of the Site. You must read and agree to the rules of the specific promotion to participate. No purchase is ever necessary to participate. Promotions are void where prohibited by law.
D. Links to Third Party Sites
The Site may contain links to websites operated by third parties. Concierge Collection does not control such websites and is not responsible for their content. Our inclusion of links to third party websites does not imply any endorsement, guaranty, warranty or recommendation of the third party website or the quality, reliability or accuracy of its content. We make no representations or warranties about the content or practices of any third party website. Your use of third party websites is at your own risk and subject to the terms of use and privacy policies located on such sites.
E. Concierge Collection’s Proprietary Rights
Concierge Collection owns and retains all proprietary rights in the Site and all content posted on the Site by Concierge Collection, including copyrights, trademarks, service marks, trade dress and other proprietary rights. Posting or submission of any materials to the Site does not transfer any ownership or rights in such materials to Concierge Collection.
F. DMCA Copyright Policy
Concierge Collection respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (“DMCA”). Upon receipt of proper notice of claimed copyright infringement under the DMCA, we will expeditiously remove or disable access to any material claimed to be infringing and will promptly notify the claiming party of our action. Our copyright agent for notice of claims of copyright infringement can be reached as follows:
DMCA Copyright Agent
Concierge Collection
[email protected]
Please provide the following information in your notice:
(1) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
(2) Identification of the copyrighted work claimed to have been infringed;
(3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity;
(4) Contact information for the notifying party, including name, address, telephone number and email address;
(5) A statement that the notifying party has a good faith belief that use of the material is not authorized by the copyright owner, its agent or the law; and
(6) A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
G. Testimonials and Feedback
We welcome and encourage you to provide feedback, testimonials, comments, suggestions, ideas, reviews or other information about Concierge Collection products and services. However, you understand and agree that we may use any feedback, testimonials, comments, suggestions, ideas, reviews or other information you provide to us without any obligation to you, including any compensation or attribution.
H. Use of Information
Concierge Collection reserves the right to use any information provided through the Site per our Privacy Policy, including opinions, advice, statements, reviews or other information, as well as any ideas, concepts, feedback or know-how contained in such information, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services. However, we will not display your name in association with any such information unless we obtain your consent beforehand.
I. Indemnification
You agree to defend, indemnify and hold harmless Concierge Collection and its directors, officers, shareholders, employees, independent contractors, telecommunication providers, and agents from and against all claims, actions, proceedings, losses, expenses, damages and costs (including without limitation reasonable legal and accounting fees) arising from or relating to (i) your breach of these Terms of Use; (ii) your access, use or misuse of the Site; and (iii) your violation of the rights of any third party. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.
J. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL CONCIERGE COLLECTION BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST REVENUES OR LOST PROFITS, LOSS OF USE, LOSS OF DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER SIMILAR OR RELATED COSTS OR DAMAGES. THESE LIMITATIONS APPLY REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGED OR CLAIMED, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, TORT, STRICT LIABILITY, PRODUCTS LIABILITY OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL CONCIERGE COLLECTION’S TOTAL LIABILITY ARISING FROM OR RELATING TO YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO CONCIERGE COLLECTION OVER THE PREVIOUS ONE MONTH PERIOD. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF AN ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
K. Modifications
Concierge Collection reserves the right to modify or discontinue, temporarily or permanently, the Site at any time with or without notice. You agree that Concierge Collection will not be liable for any modification, suspension or discontinuance of the Site.
L. Arbitration
Any dispute arising from your use of this Site will be determined by final and binding arbitration before a single arbitrator, except that Concierge Collection retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration will be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that the filing of arbitration and the arbitration hearing itself are private proceedings that cannot be disclosed publicly.
M. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts of law. Any legal action, suit or proceeding arising out of or relating to these Terms of Use or the Site shall be instituted exclusively in courts located in New York County, New York. However, in the event of infringement or misappropriation of our proprietary rights, we retain the right to institute legal action in any appropriate jurisdiction.
N. Class Action Waiver
You agree that any dispute is personal to you and Concierge Collection and that any dispute shall only be resolved by an individual arbitration. Neither you nor Concierge Collection shall be entitled to join or consolidate claims or arbitrate any claim as a representative member of a class or in a private attorney general capacity.