Adore Me, Inc. Reviews (1542)
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Adore Me, Inc. Rating
Description: ONLINE RETAILER, LINGERIE, SWIMWEAR & ACCESSORIES, CLOTHING-RETAIL
Address: 499 7th Avenue, 19th Floor, South, New York, New York, United States, 10018
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[redacted]
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This is in reply to the customer’s rejection of our answer to complaint # [redacted]
[redacted] of all, customers are also able to request a refund directly from their account, here: [redacted], within 30 days of the original charge, as an alternative to contacting us by telephone.
That being said, we would like to apologize for the extended time the customer waited on hold when they contacted us by telephone. Wait times usually average
between 3-6 minutes, though there is a peak in the early mornings and afternoons. Our phone lines are open Monday to Friday, from 8:30 a.m.- 8:30 p.m.
Moreover, as a one time courtesy due to the fact that the customer did contact us just one day later than the 30-day time limit, the remaining $39.95 store credit from September has now been refunded to the customer and it will be available in their bank account in 2-3 business days. Transaction Refund Detail For ID: [redacted]
Best regards,
[redacted]
[redacted]
[redacted]
Phone:
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Friday, May [redacted] 2014
Dear Revdex.com,
This is in reply...
to the
complaint ID [redacted].
Thank you so much for
contacting us.
I looked into the
customer’s case, and see that they have since reached us and been unsubscribed
as of 5/**/2014.
We are not trying by any
means to force customers in a subscription program.
I have attached below a
screen shot of the shopping cart with the two payment options (as seen in image
#1):
Customers who select the VIP Membership option during checkout are sent
a membership confirmation email, then two reminder emails before the [redacted]
reminding them to either skip the month or make a purchase. Customers who do
neither before the [redacted] are charged $39.95, which turns to store credit
available for their use at any time.
Emails regarding membership sent to the customer in question (as seen in image
#2):
The customer did not skip or make a purchase in December between the [redacted]
– [redacted] and was charged on 12/*/2013. They also used their store
credit on an order (#[redacted]). At this time, because the order was placed
with store credit, we are unable to grant a refund (seen in image #3).
Best regards,
[redacted]
[redacted]
[redacted]
I'm never disappointed when I order from here. I love everything and its all true to size sexy and fun outfits, I refer friends whenever I get the chance.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID# [redacted], and have determined that my complaint has NOT been resolved because:
I have previously complained about the policies of this company, and though my complaint was closed, the issue has resurfaced. I made a purchase through this website, and was automatically enrolled in a 'membership' program where I am charged a monthly 'credit', and have only 5 days to opt out. There is no way to quit except to call the business. You aren't able to quit via the internet or your online account, and it isn't made clear during checkout that you are being enrolled. There is also no way to remove your credit card information from their website. I had a very difficult time getting un-enrolled last time (long hold times, CSRs that hang up/make it very difficult to quit). I had a credit in my account because of the auto-debit from my account, and was informed that I would lose it if I quite prior to using it, so rather than lose my $40 entirely, I spent it. I was using a credit that I was charged for without my authority and was informed that I would lose entirely if I tried to quit. I spent it rather than losing $40. I would argue this is a VERY different thing than making a 'purchase' on their website as the representative from Adore Me tried to say I was doing in their response to my complaint. It was not by choice, but rather force. I would have much preferred to have the money back, and not have to buy another item of poor quality from them, but it was better than being out the money. I received said item, it was of bad fit/quality, so I returned. Again, I did not receive a refund, but another credit. So...I spent it again today, and then received an email that I had be re-enrolled in the "membership"! I tried to call again and quit, and after being on hold for 10 minutes, I was hung up on. I called again, had to hold for another 10 minutes, and was then informed that I COULD NOT quit the membership until the item arrives, which means that I'm going to have to call back yet again! Unbelievable. Absolutely unbelievable
They need to make quitting the membership something that people are able to actually do. Unethical practices.
In order for the Revdex.com to appropriately process your response, you MUST answer the question above.
Sincerely,
[redacted]
Loving my new gym clothes
[redacted]
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Dear RevDex.com,
/>
This is in reply to the
complaint ID [redacted].
Thank you so much for
contacting us.
I looked into the
customer’s case, and see that they have since reached us and been unsubscribed
as of 5/*/2014.
We are not trying by any
means to force customers in a subscription program.
I have attached below a
screen shot of the shopping cart with the two payment options (as seen in image
#1):
Customers who select the VIP Membership option during checkout are sent
a membership confirmation email, then two reminder emails before the [redacted]
reminding them to either skip the month or make a purchase. Customers who do
neither before the [redacted] are charged $39.95, which turns to store credit
available for their use at any time.
Emails regarding membership sent to the customer in question (as seen in image
#2):
This customer has not been charged.
Best regards,
[redacted]
[redacted]
[redacted]
[redacted]
The fit and look on me is just gorgeous!
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
[redacted]
Dear RevDex.com,
This is in reply to the
complaint ID [redacted].
Thank you so much for
contacting us.
I looked into the
customer’s case, and see that they have since reached us and been unsubscribed
as of 5/**/2014 as well as refunded in the amount of $19 for order number [redacted].
We are not trying by any
means to force customers in a subscription program.
I have attached below a
screen shot of the shopping cart with the two payment options (as seen in image
#1):
Customers who select the VIP Membership option during checkout are sent
a membership confirmation email, then two reminder emails before the [redacted]
reminding them to either skip the month or make a purchase. Customers who do
neither before the [redacted] are charged $39.95, which turns to store credit
available for their use at any time.
Emails regarding membership sent to the customer in question (as seen in image
#2):
This customer was unsubscribed from our VIP
Membership and, also refunded for her order as previously stated.
We do have a $5.95 restocking fee policy for returns:
SHIPPING, RETURNS AND EXCHANGES
Free shipping, free exchanges and easy return to and
from addresses within the U.S of any merchandise ordered through the Site or in
connection with your membership are subject to the Adore Me Shipping, Return and
Exchange Policies. Customers
with addresses outside of the U.S and are welcome to purchase alternative
shipping methods at their expense that allows tracking or insurance on the package. Please
note that Adore Me does is not responsible for packages sent without
tracking information. There is no exchange possible on any merchandise
given away for free during a promotional operation. All products returned
for a refund are subject to a $5.95 restocking fee per set, to be deducted from
the amount refunded to the card used for purchase. Returns for a credit will
not be charged the $5.95 restocking fee per set.
Please also refer to our Shipping, Return and Exchange
Policies section, for additional details.
Best regards,
[redacted]
[redacted]
[redacted]
Being in a profession that I can always dress the way I like, Adore Me gives me a chance to feel sexy for myself and my husband enjoys it it.
[redacted]
Dear RevDex.com,
This is in reply to the complaint ID [redacted].
Thank you so much for contacting us.
To request a credit refund, please contact our customer service department. All refunds are subject to our Refund Policy. Please note: Credits resulting from the monthly charge on the [redacted] are only eligible for a refund up to 30 days past the date of the charge. In order to be eligible for a refund of store credit beyond 30 days, you must write a letter to our claims department explaining the case and why you were not able to call within our 30 day limit to request a refund. Please include your email address in the letter. All requests sent to the claims department must be typed and mailed to:Adore Me: Claims
[redacted] We will analyze your case and provide an answer by email within 10 business days (from the postmarked date) if you are from the U.S. or 1 month (from the postmarked date) if you are from Canada or another country. Store credit refunds are at the sole discretion of Adore Me.com. Orders placed using Groupon, will not be partially refunded for sets not received. The only way to receive a refund for orders placed with a Groupon, is to return the entire order.
The customer did not skip or make a purchase in March,
Aoril, & May 2014 but was refunded for May.
Best regards,
[redacted]
Awesome service and very kind a day helpful customer service! Have used before and will definatly use again!
Great quality, timely delivery
I feel that Adore Me is very deceptive with their VIP Membership sign up tactics when purchasing items from their website. I was purchasing a Christmas gift and did not realize when choosing the lower price for the item, I was signing up for a monthly fee of $39.95 for a membership I didn't want. The company states that it is clear when purchasing what you are signing up for when making a purchase. I strongly disagree and feel like this is a huge scam for a start up company to make easy money!
My orders always arrive promptly and in good conditon
This is in reply to the complaint ID [redacted]. Thank you so much for contacting us.
As previously stated:
The customer did not skip or make a purchase in July, August, September, October, November, December, January, & February and was charged on 7/*/2013, 8/*/2013, 9/*/2013, 10/*/2013. 11/*/2013, 12/*/2013, 1/*/2014, 2/*/2014, but contacted us on 2/**/2014 and was unsubscribed.
We apologize that our terms and conditions page may not be easy for this customer to find, but it is indeed there at the bottom of the page.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY
By using the [redacted], Corp. website (the "Site"), you agree to follow and be bound by these Terms and Conditions (the "Terms") and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations. In these Terms, the words "you" and "your" refer to each Client or Site visitor, "we", "us" and "our" refer to [redacted], Corp.
It is your responsibility to review these Terms and Conditions periodically. If at any time you find these Terms and Conditions unacceptable or if you do not agree to these Terms and Conditions, please do not use this Site. We may revise these Terms and Conditions at any time without notice to you. If you have any questions about these Terms and Conditions, please contact our Client Services department.
YOU AGREE THAT BY USING THE SITE AND REGISTERING FOR MEMBERSHIP 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.
Please also refer to Adore Me's Privacy Policy and our Shipping, Return and Exchange Policies, which are incorporated by reference into this Membership Agreement.
USE OF THE WEBSITE
Subject to the terms and conditions of this Agreement, [redacted] hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of applying for a membership, and shopping for personal items sold or offered on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by [redacted] in advance and in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by [redacted] in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by [redacted] in advance and in writing. [redacted] reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if [redacted] believes that client conduct violates applicable law or is harmful to Adore Me's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informational purposes. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect the opinions of [redacted]. Product representations expressed on this Site are not made by [redacted].
[redacted] may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and [redacted] 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 THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU 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 the password and identification assigned to you. You shall immediately notify [redacted] of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
OWNERSHIP
This Site is owned and operated by [redacted], Corp. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Adore Me or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Adore Me, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Adore Me's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Client Services Department if you have any questions about obtaining such licenses. Adore Me does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Adore Me. Any rights not expressly granted herein are reserved by Adore Me.
REGISTRATION AND MEMBERSHIP
In order to enjoy all the benefits of Adore Me, you must register and become a member. Registration is easy, and there is no purchase or commitment to register. Simply take our Style Profile, use your valid email address and create a password to register your profile. At the time of initial registration, you have the option to become an official member by placing a first order and providing payment and shipping information for your account. Once you have placed your first order, you become an official member of Adore Me. For your convenience as an official Adore Me member, all information that you provide to register with Adore Me or to become a Preferred Recurring Member is subject to Adore Me's Privacy Policy.
NO PURCHASE COMMITMENT
As a member of Adore Me, you'll be able to choose from a customized selection of amazing lingerie, hosiery and more that fits your look and style. Because we are adding new selections all the time, you'll be sure to find lots of great items to add to your collection. Although Adore Me's goal is to provide you with designer quality style at an affordable price, there is no monthly commitment to be a member. You may cancel your membership at any time by calling ###-###-####.
MONTHLY SELECTION
Monthly Selection Process
As an Adore Me member, each month you will receive a set of personal fashion selections, based on your style and preferences. Each month, your personal fashion showroom may change. Accordingly, Adore Me cannot guarantee that a selection available in a particular month will be available in any subsequent month.
Registered Users
As a Registered user of Adore Me, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you our monthly newsletter.
Non Preferred Members
As a member of Adore Me, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third party offers.
As a member, you will receive a monthly fashion selection, which you may view when you visit your personal showroom that contains the products our fashion experts have chosen for you. At this time, you can pick any selection in your personal showroom, and it will be shipped to you after your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate selections to be displayed in your personal showroom. Once our fashion stylists have determined your alternate selections, you will be notified that your alternate selections are available for viewing in your personal showroom. You can pick any alternate selection, and it will be sent it to you automatically. Your selection will be sent according to our Shipping Policy.
If you do not wish to make a selection at this time, you can choose to skip your monthly selection. If you change your mind at a later date during the month, you are still able to access your personal showroom and make a purchase at that time.
Preferred Recurring Members
As a Preferred Recurring member of Adore Me, you agree to receive emails, newsletters and other communications announcing your monthly fashion selections or assignments, and promoting any special offer(s), including third party offers.
As a Preferred Recurring Member, you have several options on the first of each month. If you want to receive a monthly fashion selection, all you need to do is visit your personal showroom that contains the products our fashion experts have chosen for you. At this time, you can pick any selection in your personal showroom, and it will be shipped to you after your credit card payment is successfully processed. If you wish to view additional selections, you can request alternate selections to be displayed in your personal showroom. Once our fashion stylists have determined your alternate selections, you will be notified that your alternate selections are available for viewing in your personal showroom. You can pick any alternate selection, and it will be sent to you after your credit card payment is successfully processed. Those clients who have any valid store credits in their account may redeem one store credit, in lieu of payment for each product selection.
Please note that all preferred recurring members that neither select a lingerie set nor skip the month by clicking the Skip the Month button before the [redacted] day of the month (11:59:59 p.m. EST), will be charged the monthly dues and will receive a store credit. All store credits can be redeemed within 12 months of receiving the credit. Preferred recurring members that do skip the month (before the [redacted] day 11:59:59 p.m. EST) may change their minds and purchase any available item in their showrooms. If you receive an unwanted selection, or if the selection is not completely to your liking, you may return it at our expense and we will credit your account. Simply use the return shipping label our client services department emailed to you and drop it off at the shipping provider location. Please be sure to include your packing slip when returning any product. You will receive a full credit to your account, which may be used in accordance with our Credit Policy. To request a refund, please contact our Client Services. All refunds are subject to our Refund Policy. Please note: Credits resulting from the monthly charge on the [redacted] are only eligible for a refund up to 30 days past the date of the charge. In order to be eligible for a refund of store credit charged beyond 30 days, you must write a letter to our claims department explaining the case and why you were not able to call within our 30 day limit to request a refund. Please include your email address in the letter. All requests sent to the claims department must be typed and mailed to:
Adore Me : Claims
[redacted]
We will analyze your case and provide an answer by email within 10 business days (from the moment you mailed out the letter) if you are from the US or 1 month (from the moment you mailed the letter) if you are from Canada or other states.
Refunds are at the sole discretion of AdoreMe.com and are subject to a $5.95 processing fee to be deducted from the amount refunded to the card used for purchase. Orders placed using [redacted], will not be partially refunded for sets not received. The only way to receive a refund for orders placed using a [redacted], is to send back the full order. Refunds will be subject to a 5.95 USD restocking fee per set.
Please also refer to our How It Works section, for additional details.
BILLING AND PAYMENTS
Paying By Credit Card
For your convenience, when you place your first order and become an official member, we will save your credit or debit card information and use it for all future shipments and charges which will automatically be charged to your saved card, unless you notify us online or through Client Services. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card. For your convenience and continuous membership benefits as a client, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.
Using Credits
All credits are valid from one (1) year after the date issued, with no exceptions. Adore Me Preferred Recurring Members are only allowed to accumulate a maximum of five (5) credits at any one time. For all Adore Me Preferred Recurring Members that have accumulated the maximum number credits, each month you will have the option of using valid credits towards the purchase of monthly selections. You cannot combine credit redemption with any promotional offer. Credits can only be redeemed against a selection at the regular Adore Me price. Additional fees such as international shipping, processing fees and taxes, if applicable, are additional and cannot be paid with credits. Unused credits will be forfeited if your Adore Me membership is terminated for any reason—whether you choose to cancel or if Adore Me cancels your membership for any reason. Your account must be in good standing to be eligible to redeem your credits. You cannot exchange credits for any other form of currency—they have no cash value. Adore Me reserves the right to change these terms and conditions at our discretion, and may terminate the credits program at any time. Please note: Credits resulting from the monthly charge on the [redacted] are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of AdoreMe.com and are subject to a $5.95 processing fee to be deducted from the amount refunded to the card used for purchase.
SHIPPING, RETURNS AND EXCHANGES
Free shipping, free exchanges and easy return to and from addresses within the U.S of any merchandise ordered through the Site or in connection with your membership are subject to the Adore Me Shipping, Return and Exchange Policies. Customers with addresses outside of the U.S and are welcome to purchase alternative shipping methods at their expense that allows tracking or insurance on the package. Please note that Adore Me does not hold responsibility on packages sent without tracking information. There is no exchange possible on any merchandise given away for free during a promotional operation. All products returned for a refund are subject to a $5.95 restocking fee per set, to be deducted from the amount refunded to the card used for purchase. Returns for a credit will not be charged the $5.95 restocking fee per set.
Replacement of products and credits to your account for shipped merchandises claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation your membership.
RISK OF LOSS
The risk of loss and title for items purchased by you pass to you upon Adore Me's delivery of the items to the carrier pursuant to the Adore Me Shipping Policy.
LOCAL TAXES
You may be charged local sales tax, if applicable.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
MEMBERSHIP CANCELLATIONS
We will do everything to make your membership as satisfying as possible; however, you are free to cancel your membership any time by calling Client Services at ###-###-####. Monday - Friday from 8:30a.m. To 8:30 p.m. EST and speaking with a representative except if you are enrolled in payment vacation. Members on payment vacation may only cancel their membership after expiration of their payment vacation. Should you decide to cancel your membership within 45 days after your first order, your card will be charged for the difference between the price paid and the regular non-discounted VIP price. Cancellation of your membership will result in an abandonment of your reward points. If you stay, you will be eligible to enjoy long-term membership rewards, such as private sales and special offers for preferred clients. Please note: Credits resulting from the monthly charge on the [redacted] are only eligible for a refund up to 30 days past the date of the charge. Refunds are at the sole discretion of AdoreMe.com and are subject to a $5.95 processing fee to be deducted from the amount refunded to the card used for purchase.
We may terminate your membership, without notice, for conduct we believe violates this Agreement or our policies, is harmful to other Members or our business interests, or for an inactive account.
ORDER CANCELLATIONS
We are unfortunately unable to cancel an order once placed. Indeed, we are doing our upmost to ship out all orders as soon as they are placed. Once placed, all orders are automatically transferred to our warehouse to be fulfilled and cannot be cancelled. Don't hesitate to reach out to us for more information.
Reward points
The Buy 5, get 1 free promotion entitles shoppers to a $39.95 credit, applied automatically during checkout, following their fifth purchase. No reward points earned for sale and promotional items, or those purchased with a promotional voucher.
Adore Me Referral Program
Adore Me may offer rewards for shoppers referring new customers, including, but not limited to a stated amount in store credit or credit towards free sets.
Shoppers may not refer themselves, and will receive no credit for referring an existing member. Credits are nontransferable, and will be applied to the referring customer’s account only. Adore Me may discontinue its referral program at any time, and will not be liable for any loss of income; and Adore Me may decline a referral at any time without giving a reason.
DEMAND FOR ARBITRATION
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. [redacted] 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. [redacted]'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 [redacted] will bear all costs of arbitration (unless a customer's claims exceed $25,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), [redacted] will pay a premium if a customer receives an arbitration award greater than the value of [redacted]'s settlement offer, and will pay the customer's reasonable attorney's fees. As part of [redacted]'s commitment to a fair, effective, and cost-efficient resolution of all disputes, [redacted] has made its current arbitration provision available to all current and former customers. [redacted] 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.
DISPUTE RESOLUTION BY BINDING ARBITRATION
Please read this carefully. It affects your rights.
Summary:
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Client Services department at ###-###-####. In the unlikely event that Adore Me's Client Services department is unable to resolve your complaint to your satisfaction (or if [redacted] 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 $25,000, [redacted] will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from [redacted] to the same extent or more as you would in court. Under certain circumstances (as explained below), [redacted] 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 [redacted] offered you to settle the dispute.
Arbitration Agreement:
(a) [redacted] 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 "[redacted] "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 [redacted] 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 [redacted] should be addressed to: Notice of Dispute, General Counsel, [redacted], Corp., [redacted] (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 [redacted] and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or [redacted] may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by [redacted] or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or [redacted] is entitled.
(c) After [redacted] 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 $25,000. (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, [redacted] 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 "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at ###-###-####.
The arbitrator is bound by these Terms. Unless [redacted] 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 AAA 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 AAA 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 [redacted]. 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 [redacted] was a party. Except as otherwise provided for herein, [redacted] will pay all AAA 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 AAA Rules. In such case, you agree to reimburse [redacted] for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $25,000 in damages, the payment of these fees will be governed by the AAA 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 [redacted]'s last written settlement offer made before an arbitrator was selected, then [redacted] 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 [redacted] 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 [redacted] may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, [redacted] 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 ADORE ME.COM 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 [redacted] 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.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY ADORE ME ON AN "AS IS" BASIS. ADORE ME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HEREIN. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ADORE ME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. ADORE ME DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADORE ME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ADORE ME'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO ADORE ME DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO ADORE ME'S LIABILITY.
ADORE ME DISCLAIMS ALL RESPONSIBILITY FOR DELAY CAUSED BY CIRCUMSTANCES OUTSIDE OUR CONTROL INCLUDING NATURAL DISASTERS, POWER OUTAGES, TECHNICAL DIFFICULTIES, FIRE, OR ANY OTHER FREAK OCCURRENCE THAT PREVENTS OUR SERVICE FROM RUNNING NORMALLY AND SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN RESPECT TO DELAY OR LOSS.
TYPOGRAPHICAL ERRORS
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, Adore Me shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Adore Me shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Adore Me shall immediately issue a credit to your credit card account in the amount of the charge.
COPYRIGHT COMPLAINTS
All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2008-2011, [redacted], Corp. ALL RIGHTS RESERVED. Adore Me respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Client Services.
TRADEMARKS
Adore Me, [redacted], the logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Adore Me. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
REMEDIES
You agree that Adore Me's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Adore Me shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Adore Me may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Adore Me shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Adore Me of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
LINKS TO THIRD PARTY SITES
This Site may contain links to websites controlled by parties other than Adore Me (each a "Third Party Site"). Adore Me may work with certain partners and affiliates whose sites are linked with Adore Me. Adore Me is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Adore Me makes no guarantees about the content or quality of the products or services provided by such sites. Adore Me is not responsible for webcasting or any other form of transmission received from any Third Party Site. Adore Me is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Adore Me of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Adore Me is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
ADDITIONAL TERMS
All prices displayed on the site as displayed as VIP prices.
By continuing your membership, you accept and agree to the terms of this Membership Agreement and any changes made by us to it once we notify you of these changes. If you do not wish to be bound by this Agreement, please see above for how to cancel your membership. Your edits or changes to either the online or offline versions of this Agreement or a membership offer will not be effective, regardless of form.
You must provide and keep us up to date with accurate member information, including your name, address, credit card number and expiration dates. You agree that we may update your information with information your bank or credit card issuer may supply, or other information available to us. All such personal information is subject to the Adore Me Privacy Policy, incorporated into this Agreement. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your credit card issuer reverses a charge to your credit card, we may bill your account directly and seek payment by another method including a mailed statement.
Promotional offers cannot be combined.
Updated Feb **, 2014
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