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Terms of Use

Welcome to the web site for Newlymaid (the “Service”). This Service is owned and operated by The Dessy Group. By using the Service you are agreeing to be bound by these Terms of Use.

These Terms of Use apply to your use of the web site, your delivery of a garment to The Dessy Group and your purchase of a new garment through the Service. Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change by The Dessy Group at any time, effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.

PERMITTED USE OF THE SERVICE:

This Service is only for your personal and non-commercial purposes and subject to these Terms of Use, all applicable laws, rules and regulations. The Service is further described in the Service FAQs. This Service may not be used by resellers, brokers or commercial entities of any kind without the prior written approval of The Dessy Group.

REGISTRATION:

You may view the Service without registration, but in order to return and purchase a garment, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.

OLD DRESSES:

The Service provides you with the ability to obtain a mailer and deliver an old garment to Newlymaid ("Old Dress") for consideration. Mailers may only be used in connection with this Service. You must strictly follow all instructions from Newlymaid in delivering the Old Dress to Newlymaid. You must personally own the Old Dress and have the right to give it to Newlymaid. The Old Dress must be an actual garment of yours that meets the specifications of the Service and is in good condition; only gently worn. Newlymaid will decide in its sole and absolute discretion whether or not the Old Dress qualifies for recycling or donation to charity. If the Old Dress does not qualify for such use, Newlymaid may return the Old Dress to you. If the Old Dress substantially falls below the requirements for an Old Dress (i.e., such as a substantially damaged garment or you have misrepresented what the garment is), Newlymaid reserves the right not to return the Old Dress to you and to discard such garment. You acknowledge that all Old Dresses that are retained by Newlymaid become the sole and exclusive property of Newlymaid. Newlymaid may retain, resell, recycle, donate or otherwise dispose of the Old Dress in its sole discretion without further notice to you or consent from you. If this process is not acceptable to you, then you should not send us an Old Dress.

IMPERMISSIBLE USE OF THE WEB SITE:

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store, analyze or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.

TERMINATION OF ACCESS:

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities.

PRIVACY:

The privacy of your personally identifiable information is very important to us. For more information on what information we collect and how we use such information, please read our Privacy Policy.

LINKS:

This Service may contain links to other web sites not maintained by us. We encourage you to be aware when you leave our Service and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites or services. Despite any links to other web sites that might exist on the Service, we do not endorse and are not affiliated with such third parties.

PROPRIETARY RIGHTS AND DESIGNS ON THE WEB SITE:

The Dessy Group or its licensors are the sole and exclusive owners, or authorized licensees, of all copy, software, graphics, designs and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service. This includes the rights to all dresses, accessories, brand names and other products on the Service. Some rights belong to third parties, and we reserve the right to assist such parties in enforcing and preserving their rights to their intellectual property. Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials shown on the Service without the prior written consent of the owner of such materials. All rights not granted under these Terms of Use are reserved by The Dessy Group and its licensors.

NO WARRANTIES:

THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. DUE TO TECHNICAL LIMITATIONS, COLORS AND DESIGNS MAY APPEAR DIFFERENTLY ON THE SERVICE THAN THEY DO IN PERSON. THE SERVICE MAY CONTAIN TYPOGRAPHICAL ERRORS AND YOU AGREE THAT THE DESSY GROUP SHALL NOT BE BOUND BY ANY SUCH ERRORS.

FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of (i) the value of an Old Dress delivered to us or (ii) fifty dollars ($50).

INDEMNITY:

You agree to defend, indemnify and hold harmless The Dessy Group, its officers, directors, employees, licensors, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) the receipt, possession and disposition of your Old Dress, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by The Dessy Group) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.

GOVERNING LAW:

The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.

Any claims asserted by you in connection with the Service must be asserted in writing to The Dessy Group within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.

SEVERABILITY:

If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use.

WAIVER; REMEDIES:

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

CONTACT INFORMATION:

Should you have any questions you may contact us at support@NewlyMaid.com.

EFFECTIVE DATE:

These Terms of Use were last updated on May 3, 2011.