VANDA.DANCE TERMS OF SERVICE
This website is operated by VANDA DANCE. Throughout the site, the terms “we”, “us”, “our”, and “VANDA” refer to VANDA DANCE. VANDA DANCE offers this website, located at VANDA.DANCE (the “Site”) including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or renting/purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. These terms may have changed since you last accessed or used the services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - RENT, SALE, AND TRY ON OF PRODUCTS
A. General Conditions
The Services include the rental and sale of Products. This Section 5(A) sets out terms and conditions that apply to your rental or purchase of any Product. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
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, including but not limited to availability concerns.
Delivery. Your Products may be ordered and couriered to you via VANDA’s shipping partners. The shipping method used and shipping prices will be at the sole discretion of VANDA and may be changed at any time depending on current market shipping rates. Normal orders placed may take between 5-7 business days to arrive at your location, however, quicker shipping methods may be chosen at a higher shipping rate.
Collections. If you do not pay the amounts you owe to VANDA when due, then VANDA will need to institute collection procedures. You agree to pay VANDA’s costs of collection including, without limitation, reasonable attorneys' fees.
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 price, 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 VANDA to charge your payment card for the Rental Fee plus a deposit fee for each product ($300 for dresses) immediately upon your rental order. 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 VANDA, shall be paid by you to VANDA in connection with 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 VANDA to charge your payment card for an amount equal to 125% of the published retail value of the Product at the time of rental set forth on the Site (“Retail Price”) plus applicable sales taxes in the event that you decide to keep the Product or upon return of the Product it is determined by VANDA to be damaged or destroyed beyond any ability to further rent or sale.
Cancellations. You may cancel your rental order at least seven (7) days prior to the ordered delivery date, subject to the following cancellation fees: (i) for cancellations that are thirty (30) or more days in advance of such delivery date, no cancellation fee; and (ii) for cancellations that are less than thirty (30) days in advance of such delivery date, full credit that can be applied to a future VANDA rental; credit at VANDA shall be good for one year from the date of issue.
Return Packaging. With delivery of the Product, VANDA will provide you with a pre-paid, pre-addressed return label as well as instructions for your use in returning the Products to VANDA.
Receipt of the Products. Upon delivery, you bear full responsibility for the Product(s) for the entire rental duration. You acknowledge that a Secure Shipping Address is required. A “Secure Shipping Address” means a location where an individual can physically receive the rented Product(s) and a signature to receive the Products will be required. In the event that a nonsecure shipping address is provided, VANDA will not bear liability for any Products left unattended. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which VANDA will not be liable. You will be liable for all such delays and additional delivery fees. Any such delays will have no bearing on the start date of the Rental Period as booked by You for your rental period.
Use of the Products. You agree to treat the Products with great care, as if you were the owner of the rented Products. You are responsible for loss, destruction, or damage to the Product(s) due to theft, mysterious disappearance, fire, major stains, negligence or any other cause. 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 the price for repairing or replacing the Product, as determined at our sole discretion, up to the full published Retail Value for the Product plus any applicable sales taxes.
Return of the Products; Extensions. You agree to return the Products to VANDA on or before the scheduled return date for the Products that are identified in the online invoice/email for your order. You must return the Product by delivering the Product in the Return Packaging at a shipping partner store located in the United States by 12 p.m. on or before the date that the Product(s) is due. After we have received the returned product(s) and it has been determined that no further charges for repairs, replacements, and/or any other miscellaneous costs incurred by you need to be charged to you,we shall refund you the deposit fee for each of the Product(s) rented less any further charges. You may extend your order for a Product on the Site or by email to VANDA at INFO@VANDA.DANCE; provided that any extensions are subject to other orders for that Product and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Extensions are charged at a rate of 10% of the product Rental Price (plus any applicable tax and fees) per diem.
Late Fees. If you return the Products late or not at all, a late fee of one hundred dollars ($100.00) per diem 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 VANDA for everyday that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 125% 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 fourteen (14) days after the return date for the Product, your late return will be considered a non-return and VANDA will charge your payment card the maximum late fee set forth in this Section 5(B), less any late fees that you have already paid, plus applicable sales tax.
Payment of 125% Retail Value. VANDA will not charge you for more than an amount equal to 125% of the Retail Value plus the Rental Fee and any late fees, in the aggregate, for any charges arising under this Section 5(B), excluding collection costs. If you pay VANDA an amount equal to 125% of the Retail Value under this Section 5(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 5(B).
Lost Return Packaging/Label. If you lose the Return Packaging or pre-addressed Return Label, you will be responsible for returning the item at your own expense by the expected return date, and providing VANDA with the name of the chosen courier and a tracking number.
Limited Warranties. The following are the limited warranties VANDA provides in connection with Product rentals. VANDA’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 VANDA.
Correct Products. 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 is otherwise unavailable. 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.
Clean and Ready to Wear. The Products will be professionally cleaned and delivered ready to wear. VANDA makes any and all efforts to ensure that the Products are cleaned in the upmost professional manner including the use of dry cleaning services, laundry services, and hand washing. VANDA inspects each Product with the utmost care but use of the Product is at your own risk and VANDA shall not be held liable for any health-related complaints associated with the use of any Product.
Condition of Products. VANDA makes any and all efforts to ensure that the Products delivered to you are prepared and delivered ready to wear in as new a condition as possible. However, by your use and rental of the Products you acknowledge that the majority of VANDA products are second hand via consignment and, therefore, may or may not be in perfect condition as if it were new. You also acknowledge that any preexisting condition of any Products shall not be a reflection of VANDA, unless otherwise owned by VANDA, and that such preexisting conditions shall not be cause for dispute or arbitration.
Sizing Returns. If your Product does not fit you, then you may return the Product to VANDA within 24 hours (excluding Sundays and holidays) of the date you received the Product by contacting VANDA at INFO@VANDA.DANCE and returning the Product in conformance with the return procedures above. Upon successful return of the Product, VANDA will then issue you a refund for the full Rental Fee (less delivery charges) and Deposit Fee of the Product so long as the Product, as determined at our sole discretion, has not been worn (i.e. the instruction tag has not been cut off nor are there any other signs of use).
The following additional conditions apply to the sale of any Product on the Site.
Products are Used. You acknowledge and agree that only those Products designated by us on the Site as available for purchase are eligible for purchase by you. The vast majority of products for sale have been previously rented or purchased by other customers and are not new. VANDA will professionally clean and inspect the Products before they are delivered to you. 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 Retail Price and delivery charges listed on the Site or App in connection with your purchase of the Products. Upon your purchase order for a Product, you hereby authorize VANDA 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 VANDA, shall be paid by you to VANDA in connection with your purchase order. Purchase orders are final and cannot be cancelled.
D. Try On
The following additional conditions apply to the Try On process of any Dress on the Site.
Try On Process. Any dress may be scheduled for trying on by selecting the "Try On" option on each product page. By selecting the Try On option You agree that VANDA will authorize your payment card for the full Retail Value of the Product as a security deposit in addition to any applicable federal, state and local taxes, GST, fees, customs, duties, levies, other governmental assessments and shipping charges. The Try On process is good for a period of 24 hours upon receipt of the Product. Use of the Product(s) in any form other than to "try on" the Product(s) is strictly prohibited. You agree to return the Product to VANDA on or before the scheduled return date that is identified in the online invoice/email for your order. You must return the Product by delivering the Product in the Return Packaging at a shipping partner store located in the United States by 12 p.m. on or before the date that the Product(s) is due. After we have received the returned product(s) and it has been determined that no further charges for repairs, replacements, and/or any other miscellaneous costs incurred by you need to be charged to you, we shall release the authorization hold on your payment card less any necessary charges. The instruction tag must not be removed during the Try On process. In addition, failure to return the Product(s) on the scheduled due date or failure to notify VANDA of your intention to keep the Product(s) will result in VANDA charging your payment card the following late fees.
Late Fees. If you return the Product(s) late or not at all, a late fee of one hundred dollars ($100.00) per diem will be charged to the payment card you provided for the Try On of the Product(s) or to any other payment card included in your account information that you have provided to VANDA for everyday that you are late returning the Products, and you agree to pay such late fees, up to an amount not to exceed 125% of the Retail Value plus applicable sales tax. 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 fourteen (14) days after the return date for the Product, your late return will be considered a non-return and VANDA will charge your payment card the maximum late fee set forth in this Section 5(B), less any late fees that you have already paid, plus applicable sales tax.
Decision to Rent or Purchase If within the 24 hour period of your Try On of the Product(s) you decide to rent or purchase any or all of the Product(s) you agree to inform VANDA of your intention to do so. Rentals of Product(s) will commence immediately after the 24 hour Try On period has concluded unless other arrangements with VANDA have been made by you. Rental conditions in this Terms of Service shall take immediate effect. Additionally, if you do decide to purchase any Product during the Try On process, Sale conditions in this Terms of Service shall take immediate effect.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - INTELLECTUAL PROPERTY
The Services, including the content here in VANDA.DANCE, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of VANDA 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. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any VANDA.DANCE content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of VANDA.DANCE.
SECTION 10 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 - PERSONAL INFORMATION
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 - ACCEPTABLE USE POLICY
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VANDA DANCE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 15 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless VANDA DANCE and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 16 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 18 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 19 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 3195 Red Hill Ave, Suite J Costa Mesa California US 92626.
SECTION 20 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 21 - ARBITRATION
This section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
A. Informal Process First
You agree that in the event of any dispute between you and VANDA, you will first contact VANDA and make a good faith effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
B. Arbitration Agreement
After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of VANDA’s Services and/or Products, or relating in any way to VANDA’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and VANDA. However, this arbitration agreement does not (a) govern any Claim by VANDA for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access VANDA.DANCE or the date you receive any Services by following the procedure described below.
Arbitration is more informal than a lawsuit in court. There is no judge or jury in arbitration. Instead, the dispute is resolved by a neutral arbitrator. Court review of an arbitration award is limited. Except to the extent the parties agree otherwise, arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and VANDA are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to VANDA DANCE INC, Attn: Legal, 3195 Red Hill Ave, Suite J, Costa Mesa, CA 92626. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules including, if you are an individual, the AAA's Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the Services on behalf of an entity, the AAA's Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.
The number of arbitrators shall be one. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The arbitration will be conducted in the English language. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $5,000, unless the arbitrator determines the claims are frivolous, and we will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence shall not apply to Section 21(C) below.
If you do not want to arbitrate disputes with VANDA and you are an individual, you may opt out of this arbitration agreement by sending an email to email@example.com within thirty (30) days of the first of the date you access the Site or the date you receive any Services.
C. Class Action Waiver
Any Claim must be brought in the respective party’s individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, multiple plaintiff, or similar proceeding (“Class Action”). The parties expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator shall not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. 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. The parties understand that any right to litigate in court, to have a judge or jury decide their case, or to be a party to a class or representative action, is waived, and that any claims must be decided individually, through arbitration.
If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and VANDA each waive any right to a jury trial.
SECTION 22 - CONTACT INFORMATION
Please send any questions or comments or report and violations of these Terms of Services to us at INFO@VANDA.DANCE.