DRCT∙FASHIONOffered by Azure, LLC
Azure is excited to offer you the very best in customized and convenient styling services (the “Service”). DRCT∙FASHION will deliver a personalized, curated and styled box of the latest fashion (each, a “Box”) right to your door, based on the current trends and the fabrics that suit your lifestyle. Keep what you love, and return the rest to Azure.
How DRCT∙FASHION Works
- Create A Profile and Secured Account. Azure will appoint a dedicated stylist to help refine your fashion goals, either during an in-person meeting or through Azure’s website azurewi.com. This profile will allow your stylist to select clothing based on your individual preferences. You will receive a confidential password to access and change your style profile at any time, and to obtain information concerning your account. You are responsible for maintaining the confidentiality of your password. You agree to (a) immediately notify Azure of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Azure will keep all information you disclose strictly confidential, and will use it only in providing the Services. Azure does not share personal information about you with third parties for third party marketing or advertising purposes.
- Set-up a Program. After studying your profile, your stylist will assemble a Box of ___ personalized outfits (collectively, a “Box”) and deliver it right to your door. You can mix-and-match a program that works best for you, including: (i) whether you want your stylist to text photos of your new looks prior to delivery, (ii) whether you want us to curate a custom look for you, and (iii) whether you want deliveries monthly, quarterly, or only upon your request. You can request a box at any time – no subscription or obligation is required. To protect you from fraud, Azure may contact you from time to time to verify your identity prior to sending you a Box.
- Choose a delivery method. Azure will deliver your new looks directly to you – at no additional charge – either by mail or by dropping your Box off at your front door (free delivery is available within a 20 mile radius of 113 N. Wisconsin Street, DePere, WI. The price for each item you receive will appear on the packing list inside your Box.
- Request a Box. To specifically request a Box, e-mail Azure at email@example.com or call/text (920) 347-2720 at any time.
- Try It On. Try on your latest styles in the comfort of your own home for up to three (3) calendar days after you receive them (the “trial period”). If you need additional time, just contact Azure.
- Keep It (Or Return it). Tell us what you love and what you do not. Then, simply return any item within three calendar (3) days after you receive it. For free returns, all items must be returned by either using the pre-paid return label and box provided by Azure or by scheduling a personal pick up at your home. All returned items must be unworn (other than “tried-on”), in their original condition, and include all original tags and packaging. If you wish to return an item after the trial period has expired, Azure reserves the option to give you store credit for the item.
- Fees/Payment. Azure will only charge your account for items not returned at the end of the trial period. There is no minimum order requirement. You agree to pay Azure a non-refundable styling fee of $20 for each Box, which Azure will credit towards your purchase for the corresponding Box. Azure reserves the right to change its fee at any time, but will provide notice of the change before it delivers your next Box. Your continued use of the Service after the fee change becomes effective constitutes your agreement to pay the changed amount. Azure will calculate all taxes charged to your account based on the applicable state and local sales taxes when Azure bills your order.
Discounts. If you purchase the entire content of a Box, you will receive a discount of 15% off your entire order.
Payment Authorization. Azure will open an account in your name, which you will pay using a credit card or debit card that you place on file. You represent and warrant to Azure that such information is true and that you have the legal right to use the card that you identify. By keeping all or any part of a Box after the trial period, you authorize Azure to bill your credit or debit card in accordance with this Terms of Service and you agree to pay any charges so incurred. If you dispute any charges, you must let Azure know within thirty (30) days after the date that Azure bills you for a Box.
Termination. YOU MAY CANCEL THE SERVICE AT ANY TIME BY CONTACTING AZURE AT INFO@AZUREWI.COM OR BY CALLING/TEXTING (920) 347-2720. Azure reserves the rights to terminate the Service as Azure deems appropriate in its sole discretion. Azure may terminate the Service without prior notice, at which time it will deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.
Modification of Service. Azure reserves the right, at its sole discretion, to modify the terms of the Service at any time. Azure will post change(s) on its website at www.azurewi.com and notify you via an email notification, regular mail, or through other reasonable means. Modifications are effective 14 days after they are posted. Your continued use of the Service after the date any change becomes effective constitutes your acceptance of the new Terms of Service.
Use of Azure’s Website and/or Social Media Sites: Azure hosts a website and maintains various social media sites (including, but not limited to, Facebook and Instagram) (collectively, the “Sites”). You are solely responsible for all photographs, video, images, information, data, text, software, music, sound, graphics, messages or other materials that you upload, post, publish or display to the Sites (the “User Content”). Azure strictly prohibits the following User Content, and Azure reserves the right to investigate and take appropriate legal action against anyone who, in Azure’s sole discretion, violates this provision (including, without limitation, removing the offending content, suspending or terminating your account, and reporting the violation to authorities). You agree to not use the Sites to: (a) upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software; (iii) poses or creates a privacy or security risk to any person; (iv) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (v) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vi) in the sole judgment of Azure, is objectionable or which restricts or inhibits any other person from using or enjoying the Site; (b) violate any applicable local, state, or federal law; (c) harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; or (d) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Sites.
Service Content and Trademarks: The Sites may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Azure, you agree not to modify, copy, sell, distribute or create derivative works based on the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Sites. The AZURE name and logos are trademarks and service marks of Azure (collectively the “Azure Trademarks”). Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Azure Trademarks displayed on the Sites without our prior written permission in each instance. All goodwill generated from the use of Azure Trademarks will inure to Azure’s exclusive benefit.
Third Party Material: Under no circumstances will Azure be liable in any way for any content or materials of any third parties posted on its Sites, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Azure does not pre-screen content, but that Azure and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Sites. Without limiting the foregoing, Azure and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Azure, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content: With respect all User Content, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant Azure a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”) provided by you to Azure are non-confidential and Azure will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Complaints: Azure respects the intellectual property of others. If you believe that your work has been copied to the Sites by third parties in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Azure of your infringement claim in accordance with the procedure set forth below. Azure will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Azure at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Sites, with enough detail that we may find it on the Sites; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that User Content was removed that did not infringe on any third party intellectual property or was otherwise authorized, you may send a written counter-notice containing the following information to Azure: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (c) a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; (d) your name, address, telephone number, and email address; and (e) a statement that you consent to the jurisdiction of the federal court located within the Eastern District of Wisconsin and that you will accept service of process from the person who provided notification of the alleged infringement. Azure will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Azure will terminate, in appropriate circumstances and at Azure’s sole discretion, users who are deemed to be repeat infringers. Azure may also at its sole discretion limit access to the Service and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites. The Sites may provide links or other access to other sites and resources on the Internet. Azure has no control over such sites and Azure is not responsible for and does not endorse such sites and resources. Azure will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Sites are between you and the third party, and Azure is not liable for any loss or claim that you may have against any such third party.
Indemnity and Release. You agree to release, indemnify and hold Azure and its affiliates, officers, employees, directors and agent harmless from any losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Sites, your violation of these Terms of Service, or your violation of any rights of another.
Disclaimer of Warranties. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AZURE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. AZURE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY CLOTHES, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT AZURE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AZURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL AZURE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID AZURE IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
General. These Terms of Service constitute the entire agreement between you and Azure and govern your use of the Service, superseding any prior agreements between you and Azure with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms of Service will be governed by the laws of the State of Wisconsin without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Azure agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Green Bay, Wisconsin. The failure of Azure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Azure takes steps to protect the confidentiality and security of personal information you share with us. In general, information transmitted through the Internet may not be perfectly secure, and we are unable to guarantee the security of your personal information. We encourage you to take steps to help protect the confidentiality and security of your account and personal information, including by doing the following: (a) reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information; (b) installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses; (c) using complex passwords (a minimum of 7 alpha/numeric cAsE sEnsitive characters); (d) not using the same password on more than one website; (e) not sharing your password with others; (f) password protecting your computer and mobile device; and (g) sign out/log off of website sessions so that your session is closed, especially when using a public computer. If you become aware of any potentially fraudulent activity on a website or in an email or text, please forward the information to email@example.com or call/text Azure at (920) 347-2720 so that we can investigate.
Questions? Concerns? Suggestions?
Please contact Azure at firstname.lastname@example.org or call/text Azure at (920) 347-2720 to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
EFFECTIVE DATE: 9/1/2018