Thank you for joining 8omakase.com, inc. ("8omakase", “8o”, “8/o”). This agreement governs your use of this website ("site"). If you are not satisfied with the terms contained herein ("agreement"), you may simply refrain from using this site without obligation.
The following terminology applies to these terms and conditions: "we", "us" and "our" refer to 8omakase. "user," "you" and "your" refers to you, the client, member or site visitor. "terms" refers to these terms and conditions. "content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By using the 8omakase website, you are deemed to have read and accepted the following terms and agree to comply with and be bound by all applicable laws and regulations, including united states export and re-export control laws and regulations.
It is your responsibility to review these terms periodically. If at any time you find these terms unacceptable or if you do not agree to these terms, please do not use this site. We may revise these terms at any time without notice to you. If you have any questions about these terms, please contact our membership curator department via email at email@example.com.
You agree that by using the site and registering for an account you are at least 18 years of age, or visiting the site under the supervision of a parent or guardian, and you are legally able to enter into a contract.
8omakase provides a quarterly membership program that grants you access to style curators. Twice per quarter you will receive a set of personal fashion selections, based on your style settings and the discretion of the style curators. Accordingly, our products are either made to order and to specific member measurements, or are always kept in limited supply. No item is ever guaranteed to be in stock.
To register and become a member of our site, complete the user survey, use your valid email address and create a password to register your profile. Each time you use your password or identification, you will be deemed to be authorized to access and use the site in a manner consistent with these terms of service and 8omakase has no obligation to investigate the authorization or source of any such access or use of the site.
You will be solely responsible for all access to and use of this site by anyone using your password and identification whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of your password and identification. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
As a member, you agree to receive emails and phone calls promoting any special offer(s), including third party offers.
To cancel your membership, please email our membership curator department at firstname.lastname@example.org.
Earned credits through various 8omakase approved program offers will apply immediately to your next recurring charge up to the full charge amount. Any unused credits will roll over to the next recurring charge. 8omakase credits hold no cash value and under no conditions will credits be exchanged for cash.
We may terminate your membership or the program at our discretion without notice. If 8omakase chooses to terminate the membership program, you will continue to receive program benefits through the end of your current paid membership term.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card account in the amount of the charge.
The technology underlying the site and the entire contents of the site including, but not limited to, text, graphics, images, audio clips, digital downloads, data compilation or code is copyrighted as a collective work under the united states and other copyright laws, and is the property of 8omakase and protected by copyright and other intellectual property or proprietary rights. The collective work includes works that are licensed to 8omakase.
All trademarks, service marks and trade names of 8omakase on the site are trademarks or registered trademarks of 8omakase or their respective owners.
If your first item requires any minor adjustments, 8omakase will work with you to get your 8omakase fit dialed in just right, whether that is through a small alteration or a complete remake. We’ll save the changes in your profile so all future items will fit just right. If we deem your first item to be unalterable, we will happily remake it for you free of charge.
If you wish to adjust your fit, you are responsible for updating your profile accordingly. We are not responsible to alter or replace any items in the wake of major body changes after your fit profile has been saved.
For subsequent items if your 8omakase item is an incorrect size, 8omakase will provide you with an item that is of comparable price in 8omakase’s reasonable discretion), return shipping is on us, simply contact our membership curator department at email@example.com. All items returned must be in unworn condition, with no stains, tears or visible signs of use or wear, or they will not be accepted and credits not extended to you. Items must be returned within 15 days of receiving the item, with no exceptions made, and credits will not be granted if they are not.
8omakase is required by law to collect sales tax on orders shipped to California. If your order is shipping to California, the appropriate charges will be added to your quarterly or annual membership dues.
The risk of loss and title for items purchased by you pass to you upon 8omakase's delivery of the items to the carrier pursuant to the 8omakase shipping policy.
You shall not use 8omakase’s website or materials to post, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of 8omakase. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.
You agree to indemnify and hold the company and its subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through this site by you or any other person accessing the site using your account; (b) the use of, or connection to, this site by you or any other person accessing the site using your account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these terms.
Your use of this site is at your sole risk. This site and the products offered on the site are provided on an "as is" and "as available" basis and without warranties of any kind, whether express or implied.
To the fullest extent permitted by applicable law, the company disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
The company makes no representations or warranties of any kind, express or implied, that the operation of this site will be uninterrupted or error-free, that any defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components, or as to the information, content, materials, products or services included on or otherwise made available to you through this site, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, unless otherwise specified in writing.
The company shall not be liable for any damages of any kind arising from the use of, or the inability to use, this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, special, punitive and consequential damages, even if the company has been advised of the possibility of such damages.
Certain state laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights.
Under no circumstances will 8omakase be liable in any way for any content or materials of any third parties. Links to third party websites on this site are provided solely as a convenience to you. 8omakase does not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this site, you do so entirely at your own risks.
User conduct: you are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the service. 8omakase reserves the right to investigate and take appropriate legal action against anyone who, in 8omakase’s sole discretion, violates this provision, including without limitation, removing the offending content from the service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted. 8omakase is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, our terms and conditions (the "terms") provide that disputes will be resolved in binding arbitration or small claims court. 8omakase's arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Among other things, it specifies that 8omakase will bear all costs of arbitration (unless a customer's claims exceed $5,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), 8omakase will pay a premium if a customer receives an arbitration award greater than the value of 8omakase's settlement offer, and will pay the customer's reasonable attorney's fees. As part of 8omakase's commitment to a fair, effective, and cost-efficient resolution of all disputes, 8omakase has made its current arbitration provision available to all current and former customers. 8omakase will abide by the terms of its current arbitration provision in all instances. Customers whose terms include arbitration provisions that differ from the current arbitration provision may arbitrate pursuant to the terms of either arbitration provision at their discretion. Similarly, former customers whose terms did not include an arbitration provision may arbitrate their disputes under the current arbitration provision.
Please read this carefully. It affects your rights.
Summary: Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our membership curator department at firstname.lastname@example.org. In the unlikely event that 8omakase's membership curator department is unable to resolve your complaint to your satisfaction (or if 8omakase has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, 8omakase will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from 8omakase to the same extent or more as you would in court. Under certain circumstances (as explained below), 8omakase will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what 8omakase offered you to settle the dispute.
Arbitration agreement: (a) 8omakase and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Claims that arose before these or any prior terms (including, but not limited to, claims relating to advertising);
Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
Claims that may arise after termination of these terms.
For the purposes of this arbitration agreement, references to "8omakase "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these terms, you and 8omakase are each waiving the right to a trial by jury or to participate in a class action. These terms evidence a transaction or website use in interstate commerce, and thus the federal arbitration act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these terms.
(b) a party who intends to seek arbitration must first send, by u.s. certified mail, a written notice of dispute ("notice") to the other party. A notice to 8omakase should be addressed to: notice of dispute, general counsel, 8omakase.com, inc., 2301 rosecrans ave., ste. 5100, el segundo, ca 90245 (the "notice address"). The notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("demand"). If 8omakase and you do not reach an agreement to resolve the claim within 30 days after the notice is received, you or 8omakase may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by 8omakase or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or 8omakase is entitled.
(c) after 8omakase receives notice at the notice address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $5,000. (currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, 8omakase will pay it directly after receiving a written request at the notice address.) The arbitration will be governed by the commercial dispute resolution procedures and the supplementary procedures for consumer related disputes (collectively, the "8omakase rules") of the american arbitration association (the "8omakase"), as modified by these terms, and will be administered by the 8omakase. The 8omakase rules are available online at www.adr.org. The arbitrator is bound by these terms. Unless 8omakase and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the 8omakase rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the 8omakase rules will determine whether you have a right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving 8omakase. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which 8omakase was a party. Except as otherwise provided for herein, 8omakase will pay all 8omakase filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in federal rule of civil procedure 11(b)), then the payment of all such fees will be governed by the 8omakase rules. In such case, you agree to reimburse 8omakase for all monies previously disbursed by it that are otherwise your obligation to pay under the 8omakase rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the 8omakase rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) if, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of 8omakase's last written settlement offer made before an arbitrator was selected, then 8omakase will:
Pay you either the amount of the award or $2,000 ("the alternative payment"), whichever is greater; and
Pay your attorney, if any, the amount of attorney's fees, and reimburse any expenses (including expert witness fees and costs), that your attorney reasonably accrues for investigation, preparing, and pursuing your claim in arbitration (the "attorney's fees").
If 8omakase did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) the right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws 8omakase may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, 8omakase will not seek such an award.
(f) the arbitrator may award 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. You and 8omakase agree that each may bring claims against the other only in your or its individual capacities and not as plaintiffs or class members in any purported class or representative proceeding or in the capacity of a private attorney general. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and 8omakase agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) all aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
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