Emilyalder.com collects some Personal Data from its Users.
Permissions: Contact email; Likes
Personal Data: email address
Personal Data: Cookies; Usage Data
Personal Data: Cookies; Usage Data
Personal Data: Cookies; Usage Data
Personal Data: email address; first name; last name; website
Personal Data: various types of Data
Personal Data: email address; Usage Data
Personal Data: Cookies; Usage Data
Personal Data: general activity data
Personal Data: Cookies; Usage Data
Personal Data: geographic position
Personal Data: Cookies; email address; first name; last name
Personal Data: company name; email address; first name; last name; phone number
Personal Data: email address; first name; last name
Personal Data: email address; first name; last name; website
Personal Data: Cookies; Usage Data
Updated: May 11, 2018
These ShopStyle Collective Terms (“Agreement”) govern your application and enrollment in the ShopStyle Collective Program (defined below) and your use of the ShopStyle Collective Tools (defined below). ShopStyle Inc. (“ShopStyle,” “we,” “us,” “our”) administers an influencer network program (“ShopStyle Collective Program”) that enables you to earn compensation on content created by you (“Influencer Content”) on websites, blogs, and social media accounts that are owned and operated by you (“Influencer Properties”). By applying for enrollment in the ShopStyle Collective Program, you agree to be bound by this Agreement. If you do not agree to the terms of the Agreement, do not apply for enrollment into the ShopStyle Collective Program. If you do not comply with the terms of this Agreement, we may terminate this Agreement and disclaim any obligation to compensate you in any manner for any of your activities that might otherwise have resulted in you receiving compensation had you complied with this Agreement.
Upon your application to the ShopStyle Collective Program, ShopStyle may evaluate your Influencer Properties and your Influencer Content and request that you provide supplementary documentation and information to support your application. Acceptance and enrollment into the ShopStyle Collective Program is at the sole discretion of ShopStyle, and ShopStyle may reject or deny your application for any reason or no reason at all. Limit one account per individual. Accounts are personal and you may not apply for an account on behalf of another individual. You shall keep your ShopStyle Collective account username and password confidential. You are solely responsible for maintaining the security of, and for all activities that occur under, your ShopStyle Collective account. You shall notify ShopStyle immediately if, or if you suspect that, the security of your account has been breached.
ShopStyle reserves the right to modify these ShopStyle Collective Terms at any time by posting a notice on www.shopstylecollective.com or by sending you a notice via email. Unless otherwise set forth in the notice, any such modifications shall be effective immediately. Your continued use of the ShopStyle Collective Tools shall constitute your acceptance of the ShopStyle Collective Terms, as modified as of the date the notice was posted, unless another effective date is set forth in the notice. ShopStyle may, at any time, discontinue, suspend, modify, substitute, upgrade, replace, or terminate the ShopStyle Collective Program, in whole and in part, with or without notice to you.
3. ShopStyle Collective Tools.
If accepted into the ShopStyle Collective Program, you may have access to certain websites, tools, applications, widgets, software, API’s, Authorized Links (defined below), and associated content, software, and documentation that enable you to promote and monetize your Influencer Content (“ShopStyle Collective Tools”). Subject to acceptance into the ShopStyle Collective Program and your compliance with the Agreement and any other applicable ShopStyle policies, ShopStyle hereby grants you a personal, non-exclusive, non-transferrable, revocable, limited license to use the ShopStyle Collective Tools with the Influencer Content on your Influencer Properties for the Term of this Agreement. You shall not use the ShopStyle Collective Tools for any other purpose. You shall comply with all usage guidelines, technical requirements, and other policies relating to the ShopStyle Collective Tools that ShopStyle may provide or post from time to time.
4. Use Restrictions.
You shall not, and shall not permit others to: (a) copy, distribute, assign, rent, sell, sublicense, or create derivative works from the ShopStyle Collective Tools; (b) damage, interfere with or unreasonably overload the ShopStyle Collective Tools; (c) introduce any code intended to disrupt the ShopStyle Collective Program; (d) alter or delete any information, data, text, links, images, software, chat, communications and other content made available through the ShopStyle Collective Tools; (e) access the ShopStyle Collective Tools by expert system, electronic agent, “bot,” spider, or other automatic means, or manual process; (f) monitor or copy the ShopStyle web pages or the content contained therein, including, without limitations the use of screenshots; (g) modify, reverse engineer, reverse assemble, decompile, or otherwise derive the source code of any ShopStyle Collective Tools; (h) provide any unauthorized third party with access to the ShopStyle Collective Tools; (i) interfere with the operation of the ShopStyle Collective Program; (j) systematically retrieve data from the ShopStyle Collective Tools to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of ShopStyle; (k) engage in any “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the ShopStyle Collective Tools or any ShopStyle website, in any manner or in any quantities not authorized by ShopStyle; (l) take any action that imposes an unreasonable or disproportionately large load on ShopStyle Collective Tools or the ShopStyle infrastructure; (m) remove, obscure, or alter ShopStyle’s or any third party's copyright notice, proprietary rights notices, or other notices affixed to or contained within the ShopStyle Collective Tools; (n) edit, modify, obscure, minimize or change the information contained in the ShopStyle Collective Tools, including, without limitation, any product information, image, widget or default templates provided by ShopStyle; (o) use the ShopStyle Collective on any coupon deal websites and/or coupon aggregator websites; and (p) “crawl,” “spider,” index, store or cache information obtained from any part of the ShopStyle Collective Tools.
5. Authorized Links.
The ShopStyle Collective Tools may include links (“Authorized Links”) to sites of retailer partners of ShopStyle Collective (“Retailers”). Subject to your acceptance into the ShopStyle Collective Program, you may use Authorized Links with your Influencer Content on your Influencer Properties. You shall not use the Authorized Links on any properties or with any content that are not your own. You shall not frame, minimize, remove, inhibit, or redirect a user from, the full and complete display of any webpage accessed by an end user after clicking on an Authorized Link. If ShopStyle requests that you remove an Authorized Link from your Influencer Properties, you must comply with such request within twenty-four (24) hours. Failure to comply with such request may result in suspension or termination of your ShopStyle Collective account and/or forfeiture of payments, as determined by ShopStyle in its sole discretion.
6. Marketing Opportunities.
ShopStyle may, in its sole discretion, provide you with access to special promotional programs, including those initiated and conducted in collaboration with one or more third-parties (“Marketing Opportunities”). Enrollment in any such Marketing Opportunities is voluntary. All benefits and responsibilities relating to Marketing Opportunities shall be governed by the terms and conditions of such Marketing Opportunities, and if you elect to enroll in such Marketing Opportunities, you agree to be bound by all such terms and conditions. If you enroll in Marketing Opportunities, you hereby agree and acknowledge that a breach of your obligations under such Marketing Opportunities will constitute a breach of this Agreement. ShopStyle reserves the right to change, suspend, or discontinue any aspect of any Marketing Opportunity at any time, including the availability of any Marketing Opportunity, and reserves the right to make Marketing Opportunities available only to select influencers, and to remove you from any Marketing Opportunity at any time, in ShopStyle’s sole discretion.
You may be eligible to earn compensation (“Fees”) from certain actions (“Actions”) that result from a user clicking on the Authorized Links on your Influencer Properties and makes a purchase (or other measurable activities) as determined by ShopStyle, in its sole discretion. The specific Actions on which your Fee is based shall be set forth on your ShopStyle Collective Account. Action rates are subject to change without notice at any time. Fees will be determined solely by ShopStyle, in its sole discretion, and ShopStyle’s determination is final and binding on you even if you disagree with ShopStyle’s determination of the amount you are owed. ShopStyle reserves the right to withhold, offset, or charge back your account due to returns, refunds, reversals, fraud or a default on payment by the Retailer. Fees are not earned and do not become payable until (a) a purchase can no longer be returned (based on the Retailer's return policy), and (b) when ShopStyle has received payment from the Retailer (“Closed”). ShopStyle shall not liable for payment on any Actions that are not Closed.
8. Payment Ineligibility.
The following is a non-exhaustive list of activities that will disqualify you from earning Fees: (a) Actions resulting from any bot, automated program or similar device, as determined by the ShopStyle, in its sole discretion; (b) Actions generated through deceptive, fraudulent or other invalid means, as determined by ShopStyle, in its sole discretion, including, without limitation, any Actions originating from your IP addresses or computers under your control; (c) Actions solicited by payment of money, false representation, or request for end users to click on the Authorized Links; (d) clicks co-mingled with a significant number of invalid clicks described in (b) above; (e) your breach of this Agreement; (f) your violation of applicable national, federal, state, and/or local laws, statutes, rules, regulations and orders (collectively, “Applicable Laws"); and (g) if ShopStyle determines, in its sole discretion, that payment to you will violate Applicable Laws.
Payments are made on a monthly basis, provided that the earned amounts in your ShopStyle Collective account meets the Minimum Balance. The “Minimum Balance” is US$100, CA$100, £100 GBP, €100 EUROS, or AUD$100 (whichever currency is applicable to your account). Any payments will be made via PayPal. ShopStyle reserves the right to modify the payment method at any time in its sole discretion. Payment shall be calculated solely based on records maintained by ShopStyle at its sole discretion. You are responsible for providing ShopStyle with accurate information needed to facilitate payment to you. You are responsible for keeping your payment information updated in your ShopStyle Collective account. ShopStyle hereby disclaims any liability for any payments related to erroneous contact or payment information provided by you. If you dispute any payment made, you must notify within thirty (30) days of any such payment by emailing a detailed description of your dispute to firstname.lastname@example.org. You agree that failure to do so shall result in your waiver of any claim relating to such disputed payment. Moreover, you agree that by granting you permission to dispute the amount of any payment made to you, ShopStyle in no way waives its absolute right, as set forth above, to make a final, binding determination, in its sole discretion, of the amounts you are owed.
You are solely responsible for paying any and all applicable taxes or charges imposed by any government entity in connection with your earnings from the ShopStyle Collective Program, including, without limitation, any income tax related to your earnings from the ShopStyle Collective Program. ShopStyle is not obligated to, but may deduct applicable tax from any payments owed to you to the extent it is required by Applicable Laws.
11. Term; Termination.
This Agreement is effective upon the submission of your application to the ShopStyle Collective Program, and shall continue until terminated in accordance with this Agreement (“Term”). You may terminate this Agreement with written notice to ShopStyle. ShopStyle may terminate this Agreement and your enrollment in the ShopStyle Collective Program, in whole or in part, including your access to the ShopStyle Collective Tools, at any time with or without notice, including without limitation, due to your inactivity or if ShopStyle believes, in its sole discretion, that you have violated the terms of this Agreement. ShopStyle reserves the right to terminate your account for inactivity. Inactivity is defined as any six (6) month period in which (a) no purchase Actions have Closed on your account or (b) your account accrues less than $50.00 USD in earnings. In the event of termination for inactivity, any outstanding account balances earned and payable as of the effective date of termination will be paid out within thirty (30) days of termination, less $5.00 USD administrative fee. Upon the effective date of termination, you will no longer be eligible to earn any additional Fees. Any Actions that have not Closed as of the effective date of termination are not payable. Section 4 (Use Restrictions), 8 (Payment Ineligibility), 9 (Payment), 11 (Term; Termination), 16 (Warranty), 17 (Disclaimer), 18 (Confidentiality), 19 (Ownership), 20 (Influencer License), 21 (Indemnification), 22 (Limitation on Liability), and 23 (Miscellaneous) shall survive termination of this Agreement.
12. Program Restrictions.
13. FTC Compliance.
You are solely for your Influencer Content and your Influencer Properties. You shall adhere to all applicable consumer protection and privacy-related laws and regulations, including, without limitation, Section 5 of the Federal Trade Commission Act, all endorsement requirements of the U.S. Federal Trade Commission (“FTC”) and the FTC's Guides Concerning the Use of Endorsements and Testimonials in Advertising (collectively, “FTC Regulations”), or other legal equivalents applicable to your jurisdiction. You shall include full, fair, and effective disclosures of the material facts relating to your relationship with ShopStyle and any Retailer. Your disclosure statement should be clear and concise, and state that we are compensating you for your review or endorsement. If you receive a product for free from us or from a Retailer, it must be clearly stated in a disclosure so that the reader can see both the disclosure and the review or endorsement at the same time. When you use Authorized Links, you must include a clear and conspicuous disclosure providing that you may earn fees in connection with your use of such links. You must use appropriate hashtags on your social posts (e.g., #ad or #sponsored). You shall immediately modify any Influencer Content and/or include the proper disclosures to comply with FTC Regulations upon notice. Failure to comply with this provision or a request to comply with FTC Regulations may result in termination of your ShopStyle Collective account. For more information on how to comply with the FTC requirements, please visit https://www.ftc.gov.
14. Data Regulations.
You shall take all necessary and proper measures to protect personal privacy on your Influencer Properties, including, without limitation, making all appropriate privacy and data collection and/or data usage disclosures in accordance with Applicable Laws. You will comply with the obligations under applicable data protection, privacy or similar laws that apply to data processed in connection with this Agreement. If your Influencer Properties include visitors from the European Union (“EU”), you will comply with any regulations implementing the Data Protection Directive 95/46/EC and the Privacy and Electronic Communications Directive 2002/58/EC (collectively, “Data Regulations”). You shall obtain prior, freely given, specific and informed consent from any visitors to your Influencer Properties that cookies are being served by ShopStyle on the visitors who click through the Authorized Links on your Influencer Properties. You will cooperate with ShopStyle as reasonably requested to enable the compliance with this Section.
15. Community Standards.
By enrolling in the ShopStyle Collective Program, you are becoming a member of a community that depends on the goodwill and responsible behavior of each individual. You shall not transmit or communicate any images, content, or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the ShopStyle Collective Program, the ShopStyle Collective Tools, ShopStyle, our employees, contractors or agents, our Retailers, or other influencers. This includes communications by means of social media or other Internet posts which violate our Community Standards or promote or encourage gaming or fraudulent behavior. If you violate this provision, as determined by ShopStyle in its sole discretion, we may terminate this Agreement and your enrollment in the ShopStyle Collective Program.
You represent and warrant that: (a) you are at least 18 years of age; (b) all information provided by you to ShopStyle is correct, accurate, and current; (c) your Influencer Content shall be your original work, you are the exclusive owner of your Influencer Content, and your Influencer Content does not infringe, misappropriate or violate a third party's intellectual property rights or rights of publicity or privacy; (d) you shall comply with all Applicable Laws, including without limitation, all FTC Regulations and Data Regulations; (e) you have the right to grant all of the licenses set forth under this Agreement, without ShopStyle incurring any third party obligations or liability arising out of its exercise of the rights granted by you under this Agreement; (f) you hold any rights or consents necessary for ShopStyle to process the visitor information collected by ShopStyle from your Influencer Properties in accordance with this Agreement and to transfer such data outside of the EU; and (g) you will take appropriate technical and operational measures against accidental loss and damage to, and the unlawful processing of visitor information collected on your Influencer Properties.
SHOPSTYLE MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. SHOPSTYLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, AND FITNESS FOR ANY PARTICULAR PURPOSE. SHOPSTYLE DOES NOT REPRESENT OR WARRANT THAT ACCESS TO OR USE OF THE SHOPSTYLE COLLECTIVE TOOLS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT ENROLLMENT IN THE SHOPSTYLE COLLECTIVE PROGRAM WILL RESULT IN ANY MINIMUM FEES OR PAYMENTS UNLESS OTHERWISE AGREED IN WRITING. SHOPSTYLE PROVIDES THE SHOPSTYLE COLLECTIVE TOOLS AND SHOPSTYLE COLLECTIVE PROGRAM AS IS AND AS AVAILABLE WITHOUT WARRANTY OF ANY KIND. SHOPSTYLE ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SHOPSTYLE COLLECTIVE TOOLS OR ANY USER COMMUNICATIONS. IF YOU ARE DISSATISFIED WITH THE SHOPSTYLE COLLECTIVE TOOLS OR THE SHOPSTYLE COLLECTIVE PROGRAM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND DISCONTINUE USE OF THE SHOPSTYLE COLLECTIVE TOOLS.
“Confidential Information” means any oral, written, graphic or machine-readable information including, but not limited to, that which relates to rates, Fees, Actions, or other statistics relating to performance in the ShopStyle Collective Tools, patents, patent applications, research, product plans, products, developments, inventions, processes, designs, drawings, engineering, formulae, markets, software (including source and object code), hardware configuration, computer programs, algorithms, business plans, agreements with third parties, services, customers, marketing or finances of ShopStyle or any Retailer, which Confidential Information is designated in writing to be confidential or proprietary, or if given orally, is confirmed in writing as having been disclosed as confidential or proprietary within a reasonable time (not to exceed thirty (30) days) after the oral disclosure, or which information would, under the circumstances, appear to a reasonable person to be confidential or proprietary. Notwithstanding the foregoing, Confidential Information will not include information that: (a) is or becomes publicly known without breach of this Agreement; (b) is lawfully received from a third party without restriction on disclosure and without breach of a nondisclosure obligation; (c) rightfully known prior to receiving such information from ShopStyle; or (d) developed independently of any information originating from ShopStyle. You agree that, during the Term of this Agreement and for three (3) years thereafter, you will not disclose to any third party or use any Confidential Information disclosed by ShopStyle except as expressly permitted in this Agreement. You will take all reasonable measures to maintain the confidentiality of the Confidential Information in your possession or control. Notwithstanding the foregoing, you may disclose Confidential Information to the extent required by a court of competent jurisdiction or other governmental authority or otherwise as required by law, provided that you use reasonable efforts to notify ShopStyle in advance of such disclosure so as to permit ShopStyle to request confidential treatment or a protective order prior to such disclosure. You may share Confidential Information on a “need-to-know” and confidential basis to your financial advisors, lawyers or other agents who are obligated to maintain the confidentiality of such information with confidentiality obligations at least as protective as those contained under this Agreement. Without prejudice to the rights and remedies otherwise available, you agree that money damages would not be a sufficient remedy for any breach of this Section by you or your respective representatives and, accordingly, ShopStyle shall be entitled to obtain equitable relief, including injunctive and specific performance, if you or any of your representatives breaches or threatens to breach any of the provisions of this Section. Upon termination of this Agreement or ShopStyle’s written request, you shall return and/or destroy all Confidential Information under your possession or control, including all copies thereof, and certify such destruction to ShopStyle.
“Intellectual Property Rights” mean any copyright, trademark, patent, trade secret, and other intellectual property rights. You shall maintain all right, title, and interest in and to your Influencer Content, including all Intellectual Property Rights therein. ShopStyle and/or its licensors shall maintain all right, title, and interest in and to the ShopStyle Collective Tools, the ShopStyle Collective Program, and all ShopStyle Branding, including all Intellectual Property Rights therein. “ShopStyle Branding” means all trademarks, service marks, logos, and other ShopStyle brand elements. The ShopStyle Collective Tools may include widgets or scripts designed push certain content or services to Influencer Properties without the need for a manual update. Such tools may collect information from visitors of Influencer Properties, and such data shall be owned by ShopStyle. Any information or data collected by ShopStyle via the ShopStyle Collective Tools shall be the owned by ShopStyle.
20. Influencer License.
You hereby grant to ShopStyle a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform and publicly display the Influencer Content for any purpose, which include, but are not limited to, use in ShopStyle presentations, marketing materials, proposals, financial reports, search results pages, and referral pages, and syndication on sites or applications owned or operated by Retailers or other ShopStyle partners. You further grant ShopStyle a non-exclusive, perpetual, worldwide, royalty-free license to use your name, images, and likeness (“Persona”), trademarks, service marks, logos, and other brand elements for the purpose of promoting the ShopStyle Collective Program. You further grant to ShopStyle a non-exclusive, worldwide, royalty-free license to use your Persona as incorporated in the Influencer Content and solely in connection with the licenses granted to such Influencer Content under this Agreement.
You agree to indemnify, defend, and hold ShopStyle, its subsidiaries, and affiliates, and each of their respective directors, officers, employees, Retailers, and partners (collectively "Indemnified Parties") harmless from and against any and all claims, liability, settlements, loss, and expense (including, without limitation, attorneys’ fees and costs), brought against any Indemnified Party, arising out of or relating to (a) your use of the ShopStyle Collective Tools, (b) your Influencer Properties or Influencer Content, (c) your breach of any provision of this Agreement, (d) your violation of Applicable Laws, including, without limitation, any FTC Regulations or Data Regulations; and (e) any claim that your Influencer Properties or Influencer Content infringes on an Intellectual Property Right, privacy right, or publicity right of any third party. You agree to cooperate with ShopStyle in the defense of any claim, and ShopStyle reserves the right, at our own expense, to assume the exclusive defense, control and settlement of any indemnifiable matter under this Agreement.
22. LIMITATION ON LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHOPSTYLE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DATA LOSS, OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SHOPSTYLE’S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO USE THE SHOPSTYLE COLLECTIVE TOOLS UNDER THIS AGREEMENT.
You will not engage in any conduct that is disparaging or make any disparaging statements about ShopStyle or its Retailers or their respective employees or agents. For the purpose of this Agreement, "disparaging" means a statement that denigrates the reputation, goods, or services of another. You also agree that you will not take any action that could be deemed to interfere with ShopStyle’s relationship with any Retailer or other influencer. Without limiting any other rights or remedies available to ShopStyle, violation of this provision may result in termination of this Agreement and of payments, as determined by ShopStyle, in its sole discretion.
You covenant and agree that during the term of this Agreement and for one (1) year following any termination hereof for any reason, you will not directly or indirectly engage in or carry on any business that is in competition with ShopStyle. For purposes of this Agreement, a business that is in competition with ShopStyle includes any business that offers tools similar to the ShopStyle Collective Tools. During the Term, and for two (2) years thereafter, you will not use any ShopStyle Confidential Information to compete with ShopStyle or to solicit influencers, retailers, vendors, developers, or agents, employees or affiliates of ShopStyle away from a business relationship with ShopStyle.
c. Governing Law; Arbitration.
The validity, construction, and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of California in the United States, excluding its conflicts of laws principles. However, as explained below, the agreement to arbitrate in the following paragraph is governed by United States federal law. You agree that any dispute, claim or controversy arising out of or in connection with the ShopStyle or this Agreement or relating in any way to the ShopStyle Collective Program or the ShopStyle Collective Tools shall be determined by binding arbitration. You further agree that the U.S. Federal Arbitration Act and federal arbitration law shall govern the interpretation and enforcement of this agreement to arbitrate. Arbitration uses a neutral arbitrator instead of a judge or jury, and is more informal than a lawsuit in state or federal court. Discovery in arbitration is more limited than is generally available in the courts and the arbitrator’s decision is also subject to very limited appellate review by the courts. You also agree to waive the right to a trial by jury or to participate in a class action. These waivers are mutual as between you and ShopStyle, and ShopStyle waives its right to a trial by jury or to participate in a class action against you. This means that neither you nor ShopStyle can seek to assert class or representative claims against each other either in court or in arbitration and no relief can be awarded on a class or representative basis. The arbitrator also may not consolidate or join another person’s claim with your claim or issue an order that would achieve the same result. You and ShopStyle further agree that if the provisions of this paragraph are found to be unenforceable, then the entire provision compelling arbitration shall be null and void. You also agree that all issues are for the arbitrator to decide. This includes all issues related to the scope, application, interpretation and enforceability of this Agreement and this arbitration provision. The arbitrator shall also decide whether any claim is subject to arbitration. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.com. The arbitrator is bound by the terms of this Agreement. If your claim in arbitration is for less than $10,000, ShopStyle will reimburse you for filing and arbitrator fees at the conclusion of the proceeding unless your claim is found to be frivolous by the arbitrator. In lieu of arbitration, you may also elect to have your claims decided in small-claims court, so long as the small-claims court does not permit class, representative, or consolidated actions, or the award of relief in favor of any person or entity that is not a named party to the small-claims action.
d. Severability; No Waiver.
If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remaining provisions of this Agreement will continue in full force and effect. The failure by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.
You may not assign or transfer this Agreement, in whole or in part, without ShopStyle’s express prior written consent. Any attempt to assign this Agreement, without such consent, will be void. Subject to the foregoing, this Agreement will bind and benefit the parties and their respective successors and assigns.
All notices required or permitted under this Agreement to ShopStyle will be in writing, and will be deemed given: (i) when delivered personally; (ii) one (1) business day after deposit with a nationally-recognized express courier, with written confirmation of receipt; (iii) three (3) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) one (1) business day after having been sent by email to email@example.com. All physical notices will be sent to ATTN: ShopStyle Legal, ShopStyle Inc., 800 Concar Drive, Suite 175, San Mateo, CA 94403 or firstname.lastname@example.org.
Emilyalder.com may request access to your address book.
The Owner of emilyalder.com may have legitimately collected Personal Data relating to Users without their knowledge by reusing or sourcing them from third parties on the grounds mentioned in the section specifying the legal basis of processing.
Where the Owner has collected Personal Data in such a manner, Users may find specific information regarding the source within the relevant sections of this document or by contacting the Owner.
Emily of EMILY ALDER 31582 Mar Vista Ave Laguna Beach, CA 92651
Owner contact email: email@example.com