Terms Of Service

Effective: August 2024

Welcome to the rag-bone.com website (the “Site”), operated by Rag & Bone Holdings, LLC (“rag & bone”, “we”, “us”, “our”). Please read these Terms of Service carefully before using the Services (as defined below). These Terms of Service govern your use of and access to the Site, all related mobile apps, tools, products and services that we may offer from time to time (collectively, the “Services”).

THIS IS A LEGAL AGREEMENT (“AGREEMENT”) BETWEEN YOU, THE END USER, AND RAG & BONE. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE CONTINUING TO USE THE SERVICES AND CREATING AN ACCOUNT. BY USING THE SERVICES, CREATING AN ACCOUNT, AND/OR MAKING AN ONLINE PURCHASE, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE ANY SERVICES. YOUR USE OF THE SERVICES MEANS THAT YOU AGREE TO THE TERMS OF THIS AGREEMENT.

BY ACCESSING OR USING THE SERVICES, (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT AND WARRANT THAT YOU ARE NOT PROHIBITED BY LAW FROM ACCESSING OR USING THE SERVICES IN YOUR JURISDICTION. THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, AN ARBITRATION PROVISION CONTAINING A CLASS ACTION WAIVER. PLEASE READ THE ARBITRATION SECTION BELOW FOR ADDITIONAL INFORMATION.

1. MODIFICATIONS AND UPDATES TO THIS AGREEMENT
We reserve the right, at any time, to modify, alter, and/or update this Agreement, and any such modifications, alterations, or updates will be effective upon our posting of the revised Agreement. We will use reasonable efforts to notify you in the event material changes are made to this Agreement, such as by posting a notice on the Site or sending you an email. Your continued use of the Services following our posting of any revised Agreement will constitute your acknowledgement of the amended Agreement. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Agreement, you may not access or use the Services.

2. ELIGIBILITY
The Services are intended for natural persons who are 18 years of age or older. IF YOU ARE 16 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE, THEN YOU AGREE TO REVIEW THIS AGREEMENT WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THIS AGREEMENT. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THIS AGREEMENT ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS AGREEMENT FOR THE BENEFIT OF A CHILD 16 OR OVER, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.

3. PRIVACY
Please review our Privacy Notice in order to learn about our practices with respect to the collection and processing of your information, which is accessible here. The Privacy Notice is hereby incorporated by reference into this Agreement.

4. ACCOUNT REGISTRATION AND COMMUNICATION PREFERENCES
By creating an account, you agree to provide accurate, current and complete information about yourself, and to maintain and promptly update as necessary your account information. You are solely responsible for the security of your account, and you agree to maintain the security of your account and associated password. Do not share your password with any other person. You must notify us immediately by email at privacy@rag-bone.com if you discover or otherwise suspect any security breaches related to your account.

By creating an account, you consent to receive electronic communications from rag & bone, which may include notices about your account and other transactional information. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, any requirement that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

5. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that we or our licensors own all legal right, title and interest in and to all elements of the Services. The Services, and all of its contents, including without limitation, the rag & bone name and logo and all text, photographs, images, illustrations, graphics, video material, audio material, music, software, tools, logos, titles, names, button icons and the selection and arrangement thereof on the Site (collectively “Site Content”),are or may be protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Site Content is owned or controlled by us or by other parties that have provided rights thereto to us.

Except as expressly set forth herein, you may not, and agree that you will not, use, publish, reproduce, display, distribute, or modify the Site Content or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Services or use of such materials for any purpose not expressly set forth herein is a violation of our copyright and other proprietary rights. We reserve all rights in and to the Site Content, other than the limited license granted to you in this Agreement.

6. TRADEMARKS
The rag & bone name and logo and all related names, logos, domains, product and service names, designs and slogans are trademarks of rag & bone or our licensors. You must not use such marks without our prior written permission in each instance. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

7. LICENSE
Our License to You: You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, and personal license to access and use the Services and Site Content; provided, however, that such license is subject to the terms of this Agreement and does not include any right to (a) sell, resell or use commercially the Services or Site Content, (b) distribute, publicly perform or publicly display any Site Content, (c) modify or otherwise make any derivative uses of the Services or Site Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Services or Site Content, except as expressly permitted by us, and (f) use the Services or Site Content other than for their intended purposes.

Your License to Us: If you submit any photographs, videos, ideas, suggestions, comments, ratings, reviews and/or feedback to us about or in connection with the Services, any of our products or services, or any other Site Content (collectively, “UGC”), you hereby grant us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, sublicenseable license to use and disclose your name, applicable social media account name or handle and UGC for any purpose, including without limitation, as part of the Services, our product and service offerings, and any improvements and modifications to any of the foregoing. You acknowledge and agree that we shall have no obligation to compensate you for any use of your UGC, nor will we be under any obligation to use any UGC you may submit.

8. THIRD PARTY WEBSITES AND APPLICATIONS
The Services contain links to third party websites, services, and applications that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not control, recommend or endorse and are not responsible for these websites or applications or their content, products, services or privacy policies or practices. When you access these third party websites, services, or applications, you leave our Services, and we are not responsible for, and do not control, the content, security, or privacy practices employed by any third party websites, services, or applications. In no event shall we be liable, directly or indirectly, to you or any other person or entity for any loss or damage arising from or occasioned by the creation or use of the third party websites, services, or applications, or the information or material accessed through these third party websites, services, or applications. If you decide to access any other website or application linked to or from the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such third party websites, services, or applications.

9. ACCEPTABLE USE AND USER CONDUCT
You are solely responsible for your use of and access to the Services. You may not use, or encourage, promote, facilitate or instruct others to use, the Services, or any part thereof, to:

• Provide, submit or upload false, inaccurate or misleading information;
• Use any payment method in a fraudulent manner or that was otherwise obtained fraudulently;
• Impersonate another user, person or entity, or use or attempt to use another user’s account without express written consent from such user and rag & bone;
• Infringe upon, misappropriate or violate any other party’s intellectual property, privacy, publicity, statutory, legal, personal or other rights;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Services;
• Collect, track, harvest or otherwise collect information about others, including without limitation email addresses, without proper consent;
• Send, upload, promote, distribute, disseminate, incite or encourage any unlawful, defamatory, disparaging, harassing, insulting, abusive, harmful, discriminatory, threatening, intimidating, malicious, fraudulent, violent, obscene, or otherwise objectionable content;
• Upload, transmit or distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other type of malicious code, or items of a destructive or deceptive nature, that could interfere with, disrupt, affect, damage, harm or impair the functionality or operation of the Services or of any related website, other websites, or the Internet, or that would restrict or inhibit any other person from using the Services;
• Modify, adapt, translate, copy, reproduce, duplicate, archive, download, publish, distribute, reverse engineer, decompile or disassemble the Services or portion thereof by any means, other than as expressly permitted by this Agreement or as otherwise clearly contemplated by the features and functionalities of the Services;
• Reformat, frame or mirror any portion of the Services;
• Use any robot, spider, site search/retrieval application, crawler, scraper, script, browser extension, offline reader or similar data mining, gathering or extraction tools or methods, whether automated, programmed or manual, not authorized by us to access or otherwise use the Services in any way;
• Undertake, engage in, carry out, encourage, or promote any illegal or unauthorized activity that would violate, or assist in violation of, any law, statute, ordinance, or regulation, including, but not limited to, money laundering, terrorist financing, or deceptive or manipulative trading activities; or
• Use the Services for any other unlawful, improper or unethical purposes, or to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.

If you violate the terms of this Agreement, including without the limitation, the foregoing Acceptable Use standards, we reserve the right, in our sole discretion, to suspend or terminate your account and block your access to the Site and Services, and take all other measure we deem appropriate in light of your conduct.

10. COPYRIGHT CLAIMS
rag & bone respects the intellectual property rights of all creators. If you believe that any Site Content violates or infringes upon your copyrights, you may submit a written notice to us in accordance with the Digital Millennium Copyright Act (the “DMCA”) containing the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

2. Identification of the copyrighted work(s) claimed to have been infringed.

3. Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material on the Site. Note that including specific URLs in your notice will help us to quickly identify the allegedly infringing material.

4. Information reasonably sufficient to permit us to contact you (the complaining party), such as an address, telephone number, or email address where you (the complaining party) may be contacted.

5. A statement that you (the complaining party) “have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”

6. A statement that the information in the notice is accurate and, under penalty of perjury, that you (the complaining party) are authorized to act on behalf of the copyright owner.

Please send the DMCA notice to our designated Copyright Agent at:

Katten Muchin Rosenman LLP
Attn: Bret Danow
50 Rockefeller Plaza
New York, New York 10020
Email: COPYRIGHT@RAG-BONE.COM

Please include the following in the subject line of your letter and/or email: rag-bone.com DMCA Notice.

In response to a valid DMCA notice, rag & bone reserves the right to remove the allegedly infringing content from the Services.

11. DISCLAIMER
VISITORS TO THE SITE OR SERVICES AGREE THAT THEIR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE SITE OR SERVICES IS AT THEIR SOLE RISK. THE SITE, THE SERVICES AND ALL SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” RAG & BONE MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (a) ANY WARRANTIES CONCERNING THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE CONTENT ON THE SITE OR SERVICES; (b) ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FUNCTIONALITY OR FITNESS FOR A PARTICULAR PURPOSE AS TO THE SITE, SERVICES, OR SITE CONTENT; AND (c) ANY WARRANTIES AS TO THE LAWFULNESS OF YOUR USE OF THE SERVICES. WE DO NOT REPRESENT, WARRANT OR GUARANTEE: (x) THAT THE SERVICES, ANY PORTION OF THE SITE OR SERVICES, OR E-MAILS SENT FROM OR ON BEHALF OF RAG & BONE ARE OR WILL BE FREE FROM VIRUSES, SCRIPTS, WORMS, TROJAN HORSES, OR ANYTHING ELSE CONTAINING DESTRUCTIVE PROPERTIES; (y) THAT ACCESS TO THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (z) THE SITE OR SERVICES WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. THE SERVICES ARE VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY APPLICABLE LAWS. WE WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SITE OR SERVICES. WHILE RAG & BONE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES AND SITE CONTENT SAFE, RAG & BONE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, SITE CONTENT, OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD US RESPONSIBLE FOR ANY BREACH OF SECURITY IN ANY MANNER.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS RELATED TO YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (i) USER ERROR SUCH AS FORGOTTEN PASSWORDS OR MISTYPED ADDRESSES; (ii) SERVER FAILURE OR DATA LOSS; (iii) UNAUTHORIZED ACCESS TO YOUR ACCOUNT; (iv) ANY UNAUTHORIZED THIRD PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICES; OR (v) YOUR INABILITY TO USE THE SERVICES AS A RESULT OF ANY APPLICABLE LAWS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, SO THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.

12. INDEMNIFICATION
By using the Services, you agree to indemnify, defend and hold rag & bone and its past, present and future parent, affiliates and subsidiaries, and each of their respective officers, directors, members, managers, employees, service providers, agents, contractors, successors and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all claims, demands, actions, damages, losses, liabilities, penalties, fines, judgments, settlements, costs and expenses (including without limitation, reasonable attorneys’ fees and expenses, including any incurred in enforcement of this indemnity) (collectively, “Losses”) arising in any way from or in connection with (i) your use, or misuse, of the Site or Services or any goods and services available or purchased on or through the Site or Services: (ii) any violation by you of this Agreement, our Privacy Notice or any other policy posted on the Site applicable to your use of the Site or the Services; (iii) any Feedback you provide to us; and (iv) any violation of the rights of a third-party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification hereunder, in which event, you agree to assist and cooperate with us in the defense or settlement of any Losses.

13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL RAG & BONE, OUR PAST, PRESENT OR FUTURE PARENT, AFFILIATES OR SUBSIDIARIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, SERVICE PROVIDERS, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS (THE “RAG PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR RELATED TO THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE, THE SITE, SERVICES, ANY SITE CONTENT OR OTHER MATERIALS, OR ANY THIRD PARTY SITES OR PRODUCTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF RAG & BONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RAG & BONE’S AND THE RAG PARTIES’ COLLECTIVE AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THIS AGREEMENT IS LIMITED TO THE LESSER OF (A) THE AGGREGATE OF ALL AMOUNTS PAID BY YOU TO RAG & BONE DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING IN THIS AGREEMENT SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THIS AGREEMENT.

14. MODIFICATIONS TO THE SERVICE
We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Services (or any features or parts thereof), or suspend or discontinue any transaction through the Services, at any time and without liability therefor.

15. TERMINATION

A. Access/ Account Termination - Notwithstanding anything contained in this Agreement, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, including your account, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.

Without limiting the foregoing, if you violate any terms of this Agreement (which incorporates the Privacy Notice by reference), or otherwise violate an agreement between you and use, we may suspend or terminate your account, delete your profile and/or prohibit you from using or accessing the Services at any time, in our sole discretion, with or without notice. You agree that rag & bone will not be liable to you or any third-party for any of the foregoing actions.

B. Service Termination - This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time by discontinuing your use of the Services. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

16. GOVERNING LAW; DISPUTE RESOLUTION

A. Governing Law - This Agreement will be governed by, and construed in accordance with, the laws in effect in the State of New York, and applicable federal law, without regard to its conflicts of law principles. Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) (a “Dispute”) between you and rag & bone or its successors or assigns shall exclusively be settled through binding and confidential arbitration, unless earlier resolved in accordance with Section 16(B), below.

B. Pre-Arbitration Dispute Resolution - n the event of any Dispute arising between you and rag & bone, one party must first send a written notice of the Dispute to the other party by email with a delivery receipt requested (“Notice”). rag & bone’s email address for Notice is legal@rag-bone.com. The Notice must describe the nature and basis of the Dispute, and set forth the specific relief sought (the “Demand”). The parties shall first meet and confer by such method as the parties may mutually agree, to attempt to resolve the Dispute. The parties shall work together in good faith to attempt to resolve the Dispute directly for thirty (30) days after the Notice is received, or such further period as the parties may mutually agree. In the event that the Dispute is not resolved by the end of such thirty (30) day (or longer) period, then either party may commence arbitration, as further described below.

C. Arbitration - If the parties are unable to resolve a Dispute through the good faith negotiation procedure set forth in Section 16(B), then you and rag & bone agree that such Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate Disputes includes all claims arising out of or in any way related to this Agreement (including the SMS Term, below), and your receipt of text messages or email messages from Company or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THIS AGREEMENT, INCLUDING THE SMS TERMS, YOU AND RAG & BONE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

D. Exceptions - Notwithstanding subsection (C) above, nothing in this Agreement, including the SMS Terms, will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (ii) file suit on an individual basis in small claims court for applicable claims.

E. Arbitration Process - Unless otherwise agreed upon by the parties in writing, the arbitration will be conducted before one arbitrator in New York, new York or by video conference (at the claimant’s election), and will be governed by National Arbitration and Mediation’s (“NAM”) Comprehensive Dispute Resolution Rules and Procedures (the “NAM Rules”), as may be modified by this Agreement. The NAM Rules and filing forms are available online at www.namadr.com, by calling NAM at 1-800-358-2550, or by contacting Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

F. Fees - If you commence arbitration in accordance with this Section 16, you will pay the Initial Administrative Fee in accordance with NAM’s then-applicable fee schedule. If the claim is for $15,000 or less, you agree that the arbitration will be conducted solely on the basis of documents submitted to the arbitrator. If 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 fees will be governed by the NAM Rules. In that case, you agree to reimburse us for all monies we previously paid to NAM pursuant to the NAM Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. Each party agrees that such written decision, and information exchanged during arbitration, will be kept confidential except as may be required by law or to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or us, which is made within 14 days of the arbitrator's ruling on the merits. In addition, the arbitrator may award any individual relief or individual remedies that are permitted by applicable law.

G. No Class Actions - To the fullest extent permitted by applicable law, you and rag & bone agree that ANY CLAIMS BROUGHT BY YOU AGAINST US MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF.

H. Enforceability - In the event that the class action waiver in Section 16(G), above, is found to be unenforceable for any reason, the remainder of this Section 16 shall also be unenforceable

17. JURISDICTION
We control and operate the Services from the United States, though we understand that the Site may be accessed by individuals outside of the United States. We do not represent that the Site Content or other materials on the Services are appropriate or available for use in other locations. In addition, the Services 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. Persons who choose to access the Services from other locations do so on their own initiative, and are responsible for compliance with all local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from this Site in violation of United States export control laws.

Notwithstanding the arbitration provisions above, in the event that we elect to seek injunctive or other equitable relief, or there is a dispute that is otherwise not subject to arbitration, you expressly and irrevocably consent to the exclusive jurisdiction of the state or federal courts, as applicable, located in New York, New York, and to the exercise of personal jurisdiction in such courts in connection with any such dispute.

18. SEVERABILITY
If any provision, or portion thereof, of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision, or portion thereof, shall be severable from the remainder of this Agreement, and all other terms and provisions of this Agreement shall remain in full force and effect.

19. SURVIVAL
All terms and provisions of this Agreement that are intended to survive the expiration or termination of this Agreement and the termination of your Account shall so survive.

20. MISCELLANEOUS
This Agreement is the entire agreement between you and rag & bone with respect to the Site, Services and Site Content, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and rag & bone with respect to those matters. No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and neither party has any authority of any kind to bind the other in any respect. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of rag & bone. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, or of our right to enforce such right or provision. Except as otherwise provided herein, this Agreement is intended solely for the benefit of the parties and is not intended to confer third party beneficiary rights upon any other person or entity.

21. CONTACT US
If you have any questions about the Services or the terms of this Agreement, please send us an email at privacy@rag-bone.com.

SMS TERMS AND CONDITIONS

By signing up for one or more text messaging programs, you expressly consent to receive marketing text messages from rag & bone and others texting on its behalf at the telephone number(s) that you provide, even if your mobile number is registered on any state or federal Do Not Call list. You also accept and agree to be bound by these SMS Terms and Conditions, our Privacy Notice, and any other applicable terms and agreements related to your use of our Services. You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any goods or services.

PROGRAM DESCRIPTION
rag & bone and its service providers may use an automatic telephone dialing system or other technology to deliver text messages to you (each a “Text Message”). rag & bone Text Messages are intended to provide you with marketing and promotional information regarding rag & bone products and services, such as events, promotions, discounts, sales, coupons and product launches. Text Messages may also include cart reminder messages. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your responsive text messages. We may use this information in accordance with our Privacy Notice to contact you and to provide the services you request from us.

MESSAGE FREQUENCY
The number of rag & bone Text Messages that you receive may vary depending on the frequency of the messages sent by the program.

COST
Message and data rates may apply to each Text Message you receive from or on behalf of rag & bone, as well as each responsive text message you send, as provided in your mobile telephone service rate plan, in addition to any applicable roaming charges. Please contact your mobile telephone carrier for pricing plans and applicable roaming fees. Under no circumstances will we or our affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages. You are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

HOW TO OPT-IN
We use a double opt-in process. To opt-in to receive Text Messages from our text messaging program, please follow the instructions provided by the specific program from which you wish to receive messages. For example, you may be asked to reply in the affirmative in the manner indicated in an initial Text Message (e.g., Y or Yes).

HOW TO OPT-OUT
To stop receiving Text Messages from us, text “STOP” to any Text Message you receive from us. You'll receive a one-time opt-out confirmation Text Message. No further messages will be sent to your mobile device, unless initiated by you.

YOUR MOBILE TELEPHONE NUMBER
You represent that you are the account holder for the mobile telephone number(s) that you provide. If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you unsubscribe.

SUPPORTED CARRIERS
Supported carriers may change from time to time, but currently include AT&T, T-Mobile, Verizon Wireless, Sprint, Nextel, Boost, Alltel, US Cellular, and Cellular One, among others. The supported wireless carriers are not liable for delayed or undelivered messages.

SUPPORT/HELP
For HELP reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co. Message and data rates will apply and you should check the rates of your mobile carrier. Text Messages are distributed via third party mobile network providers and, therefore, we cannot control certain factors relating to message delivery. Depending on your mobile carrier, it may not be possible to transmit the Text Message to you successfully; nor is content available on all carriers. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any text messages or other information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service

CHANGES TO SMS SERVICE AND THESE TERMS AND CONDITIONS
We may change any short code or telephone number we use to send Text Messages at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

rag & bone reserves the right, in its sole discretion, to change, modify, add or remove portions of these SMS Terms and Conditions. Your continued use of SMS following the posting of any changes will mean that you accept and agree to such changes.

TERMINATION OF TEXT MESSAGING
We may suspend or terminate your receipt of Text Messages if we believe you are in breach of these SMS Terms and Conditions. Your receipt of rag & bone Text Messages is also subject to termination in the event that your mobile telephone service terminates or lapses. rag & bone reserves the right to modify or discontinue, temporarily or permanently, all or any part of Text Messages, with or without notice to you.

PRIVACY
Your privacy is important to us. Please review our Privacy Notice in order to learn about our practices with respect to the collection and processing of your information.