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Terms & Conditions

Last updated: March 1, 2023

Introduction

Welcome to nbddresses.com (the “Site”), owned and operated by NBD Dresses LLC (“we,” “us” or “our”). We make the Site available to you subject to the following Terms and Conditions of use (the “Terms”). We may periodically change these Terms without prior notice by updating this page, so please check back from time to time. By accessing or using the Site, you confirm your agreement to these Terms. If you do not agree to all of these Terms, do not access or use the Site.

Age Requirements

The Site is intended for users who are at least 18 years old. Any access to or use of the Site by anyone under 18 is strictly prohibited and in violation of these Terms. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.

Use of the Site

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site. This license does not include any right to:

Parts of the Site may allow you to copy or download certain content, but please remember that all content presented on or through the Site is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the materials or content on the Site.

As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. We reserve the right to refuse service, terminate your rights to use the Site, or cancel orders or subscriptions at our sole discretion.

User Content

By posting, uploading, inputting, providing or submitting text, images, audio, video or any other content to the Site (“User Content”), you are granting us a perpetual, worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform and otherwise fully exploit the User Content.

You represent and warrant that:

We take no responsibility and assume no liability for any User Content. We reserve the right to remove any User Content at any time for any reason.

Accounts and Passwords

To access certain features or services through the Site, you may be required to create an account and/or provide certain information about yourself. You agree to provide and maintain accurate, complete, and up-to-date information. Failure to maintain accurate information may result in your inability to access the Site or certain features, or termination of your account.

You are responsible for safeguarding your password and for any activities or actions under your account. We encourage you to use strong passwords and not disclose your password to anyone. You must immediately notify us of any unauthorized use of your account.

Prohibited Activities

You agree not to do any of the following in connection with your access or use of the Site:

We reserve the right, without notice and our sole discretion, to terminate your access to the Site in response to any violation of these Terms, applicable law or otherwise harmful behavior.

Intellectual Property Rights

The Site contains copyrighted material, trademarks and other proprietary information of ours and our licensors. We reserve all rights not expressly granted under these Terms. As between you and us, we own and retain all right, title and interest in and to the Site, including all intellectual property rights therein and thereto.

Indemnity

You agree to indemnify, defend and hold us and our partners, agents, officers, directors and employees harmless from any liability, loss, claim, demand, damages, costs and expenses, including reasonable attorney fees, related to your violation of these Terms or use of the Site. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise.

Disclaimers

THE SITE AND ALL MATERIALS, CONTENT AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT RELATED TO THE SITE.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. OUR MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THE SITE WILL NOT EXCEED $100, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE)

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Termination

We may terminate your access to and use of the Site, at our sole discretion, at any time and without notice to you. You may cancel your subscription or account at any time by sending an email to us at [email protected].

Upon any termination, discontinuation or cancellation of Services or your account, the following provisions of these Terms will survive: Ownership Provisions, Warranty Disclaimers, Indemnity, Limitation of Liability, Limitation on Time to File Claims, and this Termination Section.

Dispute Resolution

These Terms will be governed by and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Site will be resolved through binding arbitration conducted in Los Angeles, California under the rules of the American Arbitration Association, except that either party retain the right to bring an action in small claims court. The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential. If either party prevails in the arbitration, the other party will reimburse the prevailing party for any fees and expenses of the arbitration, including legal fees and arbitration fees, incurred in connection with the arbitration.

Changes to the Terms

We may update these Terms from time to time. If we make material changes, we will notify you of the changes before they become effective either by posting the changes on the Site or sending you an email. Your continued use of the Site after new Terms take effect will be subject to the new Terms.

Contact Us

Please feel free to contact us if you have any questions about these Terms.