Terms of Use

PLEASE CAREFULLY READ AND REVIEW THE FOLLOWING TERMS OF USE BEFORE USING THIS WEB SITE (THE “SITE”), WHICH IS OPERATED AND OWNED BY REBECCA WYNNE, LLC (“REBECCA WYNNE” OR “WE” OR “US” OR “OUR”).

By accessing and using this Site, you agree to be bound by and to comply with the terms and conditions (the “Terms”) of this Terms of Use Agreement. If you do not agree, please exit the Site. Rebecca Wynne provides its content on this Site subject to the following Terms. We may periodically amend, modify, add or remove the Terms at our sole discretion without prior notice at any time. For an explanation of Rebecca Wynne’s practices and policies related to the collection, use, and storage of our users’ information, please read our Privacy Policy available via the link at the bottom of this Site. By accessing and browsing this Site, you accept, without limitation or qualification, this Terms of Use Agreement and acknowledge that it supersedes any other agreement between you and Rebecca Wynne.

1. Copyrights. All content and functionality on the Site, including designs, text, graphics, logos, icons, photographs and images and the selection and arrangement thereof, is the exclusive property of Rebecca Wynne and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved. Rebecca Wynne’s copyrights, trademarks, service marks, designs, logos, images, photographs and trade dress may not be used in connection with any product or service that is not Rebecca Wynne’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Rebecca Wynne.

2. Trademarks. The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of Rebecca Wynne. You agree that you will not refer to or attribute any information to Rebecca Wynne in any public medium (e.g., press release, web sites, etc.) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademarks of, or imply any endorsement by or relationship with, Rebecca Wynne.

3. Use of Site Content. Rebecca Wynne grants you a limited license to access this Site and not to download (other than page caching) or modify this Site, or any portion of it, except with express written consent from Rebecca Wynne. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant or personal use; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Rebecca Wynne. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Rebecca Wynne without express written consent. You may not use any meta tags or any other “hidden text” utilizing Rebecca Wynne’s name or trademarks or logos or designs, etc. without the express written consent of Rebecca Wynne. Any unauthorized use terminates the permission or license granted by Rebecca Wynne.

You are not permitted to publish, transmit, post, distribute or otherwise reproduce this information, in whole or in part, in any format to any third party without the express prior written consent of Rebecca Wynne. In addition, you are not permitted to alter, obscure, or remove any copyright, trademark or any other notices that are provided to you in connection with the information. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Rebecca Wynne’s prior express written consent.

Neither Rebecca Wynne nor any of its third party providers shall have any responsibility to maintain the data and services made available on this site or to supply any corrections, updates, or releases in connection therewith. Availability of data and services are subject to change without notice. Rebecca Wynne reserves the right, at any time and from time to time, in its sole discretion and judgment, to add, modify, or remove any of the information on this Site. Rebecca Wynne makes no warranty, express or implied, concerning this Site or the services made available on this Site. These Terms and Conditions of Use are not intended to, and will not, transfer or grant any rights in or to the information other than those which are specifically described herein, and all rights not expressly granted herein are reserved by Rebecca Wynne or the third party providers from whom Rebecca Wynne has obtained the information. You are required to read and abide by any additional terms and conditions that may be posted on this service from time to time concerning information obtained from specific third party providers. Such third party providers shall have no liability to you for monetary damages on account of the information provided to you via this Site.

Rebecca Wynne expressly disclaims any implied warranty of merchantability or fitness for a particular purpose, including any warranty for the use or the results of the use of the Site of the services offered therein with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, or continued availability.

4. User Postings on Website. You acknowledge and agree that Rebecca Wynne shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information (other than your email address) that you post or otherwise publish on the Site in posts, Rebecca Wynne survey responses, and otherwise, and you hereby waive any claims against Rebecca Wynne for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with Rebecca Wynne’s use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. Rebecca Wynne does not and cannot review all information posted to the Site by users and is not responsible for such information. However, Rebecca Wynne reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.

5. Notices of Infringement / Intellectual Property Rights. Rebecca Wynne prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Rebecca Wynne at the contact information listed on this Site, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Rebecca Wynne will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

6. Disclaimers. THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT REBECCA WYNNE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REBECCA WYNNE AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. REBECCA WYNNE SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE DELIVERY OF THE DATA AND SERVICES AVAILABLE ON THIS SITE OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF THIS SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THIS SERVICE. IN NO EVENT WILL REBECCA WYNNE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHICH MAY BE INCURRED OR EXPERIENCED ON ACCOUNT OF YOU USING THE DATA OR SERVICES MADE AVAILABLE ON THIS WEB SITE, EVEN IF REBECCA WYNNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REBECCA WYNNE WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY REBECCA WYNNE OR THIRD PARTIES WITH RESPECT TO THE USE OF THE SERVICES OR TO TAKE ANY ACTION IN CONNECTION THEREWITH. REBECCA WYNNE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER REBECCA WYNNE NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

7. Security. Rebecca Wynne shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between Rebecca Wynne and you, regardless of whether the connection or communication service is provided by Rebecca Wynne or a third party service provider.

8. Third Party Websites. This Site contains links to other non-Rebecca Wynne internet web sites. Rebecca Wynne assumes no responsibility for the content of non-Rebecca Wynne internet web sites to which we provide links. We may provide links to third-party web sites (the “Third Party Sites”), such as PayPal and other websites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of Third Party Sites or incorporation through framesets of content supplied by third-party servers. Rebecca Wynne has no responsibility for these Third Party Sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers. This Site or the services provide herein may provide links to Third Party Sites which are sponsored and maintained by third parties. Rebecca Wynne is providing such links solely as a convenience to you. Accordingly, Rebecca Wynne makes no representations concerning the content of the Third Party Sites. The fact that Rebecca Wynne has provided a link to such Third Party Sites does not constitute an endorsement, authorization, sponsorship, or affiliation by Rebecca Wynne with respect to the Third Party Sites, its owners, or its providers. Rebecca Wynne has not tested any information, software, or products found on any of the Third Party Sites and therefore does not make any representations with respect thereto, including any representations regarding the content or sponsors of such Third Party Sites, or the suitability or appropriateness of the products or transactions described therein.

9. Other Risk Factors. The fact that Rebecca Wynne has made the data and services provided on this Site available to you constitutes neither a recommendation that you enter into a particular transaction nor a representation that any product described on this Web site is suitable or appropriate for you. You should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you, including any and all transactions involving a credit or debit card. Using a credit card or debit card or other form of electronic payment carries certain risks, including, but not limited to, disclosure of your account number, and/or other confidential information. Rebecca Wynne shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for disclosure of your account number and/or any and all other confidential information connected with a transaction on this Site. By entering into a transaction on this Site, you, and you alone, assume the sole risk and liability associated with an online transaction and disclosure of your account information (including both during and after a transaction, either in the present or in the future). Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks that are mentioned.

10. Indemnity. You agree to indemnify and hold Rebecca Wynne, its officers, owners, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the service and/or Site, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

11. Product Descriptions and Risk of Loss. Rebecca Wynne attempts to be as accurate as possible in our product descriptions. However, Rebecca Wynne does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by Rebecca Wynne is not as described, your sole remedy is to return it in unused condition. Further, all items purchased from Rebecca Wynne are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

12. Consequences of Violating These Terms of Use. Rebecca Wynne reserves the right to suspend or terminate your account if you violate any of these Terms of Use. If your violation causes harm to others, you agree to indemnify and hold Rebecca Wynne harmless from and against any and all loss, damage, or expense.

13. Disputes. If any dispute arises between you and Rebecca Wynne regarding this Terms of Use Agreement or your use of this Site, it shall be resolved through good faith negotiations between you and Rebecca Wynne. You hereby agree that (a) any and all disputes, controversies, claims and causes of action arising out of, or connected with, this Site (including without limitation, any alleged violation of this Terms of Use Agreement, any controversy relating to the arbitrability of any dispute, or any claim that this Terms of Use Agreement (or any part thereof) is invalid, illegal or otherwise voidable (or void)) shall be resolved individually, without resort to any form of class action, and exclusively by arbitration to be held solely in New York City, New York under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures; (b) YOU HEREBY WAIVE ANY RIGHTS YOU MAY HAVE TO TRIAL BY JURY IN REGARD TO AN ARBITRABLE CLAIM, INCLUDING WITHOUT LIMITATION, ANY RIGHT TO TRIAL BY JURY AS TO THE MAKING, EXISTENCE, VALIDITY, OR ENFORCEABILITY OF THIS PROVISION; (c) any and all claims, judgments, liabilities and/or awards shall be limited to reasonable actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (d) under no circumstances will you be permitted to obtain awards for, and you hereby waive, all rights to claim, punitive, special, incidental and/or consequential damages and any other damages, and any and all rights to have damages multiplied or otherwise increased. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Site, exploitation of any advertising or other materials issued in connection therewith, or exploitation of this Site or any content or other material used or displayed on this Site. You hereby consent that the arbitration award shall be final and binding, and you hereby consent that such arbitration award may be confirmed and enforced in any court of competent jurisdiction in New York, New York. By visiting www.rebeccawynne.com, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Rebecca Wynne. You will pay for all attorney fees that you incur in connection with the arbitration and you will pay for an equal share of the costs of the arbitration.

14. Governing Law and Jurisdiction. This Agreement shall be governed by and interpreted in accordance with the laws of the state of New York without giving effect to any conflict of laws provisions.

15. Entire Agreement; Amendment and Waiver. You agree that this Terms of Use Agreement and the Rebecca Wynne Privacy Policy (“Privacy Policy”), both of which can be accessed on our website at www.rebeccawynne.com, constitute the entire, complete and exclusive agreement between you and Rebecca Wynne regarding the Site and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Terms of Use Agreement and Privacy Policy. No amendment, supplement or other modification to any provision of this Terms of Use Agreement and Privacy Policy shall be binding unless in writing and signed by both Recipient and all shareholders of Rebecca Wynne. No waiver of any rights under this Terms of Use Agreement and Privacy Policy shall be effective unless in writing signed by the party to be charged. A waiver of a breach or violation of any provision of this Terms of Use Agreement and Privacy Policy shall not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Terms of Use Agreement and Privacy Policy. The remedies that Rebecca Wynne can pursue under this Terms of Use Agreement and Privacy Policy shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. Any failure by Rebecca Wynne, at any time or from time to time, to enforce any of Rebecca Wynne’s rights under this Terms of Use Agreement and Privacy Policy shall not constitute a waiver of such right.

16. Severability. This Terms of Use Agreement operates to the fullest extent permissible by law. If any provision of this Terms of Use Agreement or application thereof to anyone or under any circumstances is adjudicated to be invalid or unenforceable in any jurisdiction, such invalidity or unenforceability shall not affect any other provision or application of this Terms of Use Agreement which can be given effect without the invalid or unenforceable provision or application and shall not invalidate or render unenforceable such provision or application in any other jurisdiction.