Welcome to www.relevebranding.com (the “Site), operated by Relevé Branding Agency LLC. (“The Company,” “Relevé Branding Agency ”us”, ”we”, ”our”). We provide this site as a service to our customers, employees and the public. Please review the following terms and conditions that govern your use of our Site (the “Agreement”).
We reserve the right to update or modify these terms at anytime without prior notice. You acknowledge and agree that it is your responsibility to review these terms whenever you use the Site and to read and absorb any changes. Your use of the Site following any such changes constitutes your agreement to follow and be bound by the terms as changed.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to this Agreement prior to you using the Site.
Unless otherwise noted, the Site, and all materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other materials, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Relevé Branding Agency LLC.
The Site and the Contents are intended solely for personal, non-commercial use. Permission is granted to temporarily download a copy of the materials (information or software) on our Site for personal, non-commercial transitory viewing only. This is the grant of a license and not a transfer of title.
Prohibited activity under this license includes, but is not limited to:
- Reproducing (except as noted above), publishing, transmitting, distributing, displaying, modifying, creating derivative works from, selling or exploiting in any way any of the Contents or the Site;
- Attempting to decompile or reverse engineer any software contained on the Site;
- Removing any copyright or other proprietary notations from the materials;
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Attempting to impersonate another user or using the username of another user;
- Attempting to impersonate Relevé Branding Agency LLC in any way, including spoofing or faking e-mail headers
- Engaging in any automated use of the system, such as using any data mining, website scrapers, robots or similar data gathering and extraction tools;
- Transferring the materials to another person or ”mirroring” the materials on any other server;
- Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company
- Harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of the company services to you;
- Using any information obtained from the Site in order to harass, abuse, or harm another person;
- Interfering with, disrupting, slowing, stopping or creating an undue burden on the Site or the networks or services connected to the Site;
- Making any unauthorized use of the Site or services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Tricking, defrauding or misleading us and other users, especially in any attempt to learn sensitive account information such as passwords;
- Using the Site or services as part of any effort to compete with Company or to provide services as a service bureau;
- Harming the Site in any way or otherwise using the Site in any improper manner, including, but not limited to hacking into the Site’s systems;
- Criminal or tortious activity; or
- Using the Site in a manner inconsistent with any and all applicable laws and regulations.
Relevé Branding Agency’s copyrights, trademarks, trade dress and/or other intellectual property may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Relevé Branding Agency LLC.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Your Communications & Public Content
We welcome your comments and feedback regarding the Site, our products and our services.
If you post, upload or make available to Relevé Branding Agency LLC, or otherwise submit to or through our Site as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Relevé Branding Agency LLC a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Relevé Branding Agency LLC to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Company on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the ”Comments”) shall be and remain Relevé Branding Agency’s property.
Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments without payment of any compensation.
Thus, the Company will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
You hereby grant the Company an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments (other than your name) for any purpose whatsoever.
You agree to pay all fees or charges to you in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Relevé Branding Agency LLC with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account (“Payment Provider”), or any other payment information Relevé Branding Agency LLC designates as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Relevé Branding Agency LLC with your credit card number or PayPal account and associated payment information, you authorize Relevé Branding Agency LLC to immediately charge you for all fees due and payable to Relevé Branding Agency LLC hereunder and that no additional notice or consent is required. You agree to immediately notify Relevé Branding Agency LLC of any change in your billing address or the credit card or PayPal account used for payment hereunder. Relevé Branding Agency LLC reserves the right at any time to change its prices and billing methods, either immediately upon posting on the Relevé Branding Agency LLC Properties or by e-mail delivery to you. You may be charged local tax, if applicable.
The Site may include links to other websites maintained by third parties (“Linked Sites”). Access to Linked Sites are provided to you solely as a convenience, and the inclusion of site links does not imply endorsement by Relevé Branding Agency LLC. Your access of any Linked Sites is at your own risk and by accessing them you may leave the Site. Linked sites are not under the control of the Company and we are not responsible for the contents of any Linked Sites. Use of any such linked website is at the user’s own risk.
Except as otherwise expressly provided, this site, and all contents, products and services are provided on an ’as is’ basis. Relevé Branding Agency LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this site. The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete or current. We may make changes to the materials contained on its Site at any time without notice. However we do not make any commitment to update the materials.
Limitation of Liability
Relevé Branding Agency LLC does not warrant that 1) the contents of this site will be accurate, reliable or free of error 2) that this site or the server that makes it available are free of viruses or other harmful components or 3) that your use of this site will be without interruption.
You use this site at your own risk.
You agree to indemnify, defend, and hold harmless, Relevé Branding Agency LLC its affiliates, parents, and their respective officers, directors, employees, agents, licensors, shareholders, representatives, and third party providers to the Site from and against all third party claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. The Company reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Dispute Resolution, Arbitration and Class Action Waiver
This Section includes an arbitration agreement and an agreement that all claims will be brought either in arbitration or in small claims court and, in either case, only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
A. Informal Process First
Both you and Relevé Branding Agency LLC agree that in the event of any dispute between us, you and Relevé Branding Agency LLC will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
B. Mandatory Arbitration of Disputes
All disputes between you and Relevé Branding Agency LLC will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Relevé Branding Agency LLC or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Relevé Branding Agency LLC or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in New York City.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with LNO Studio Clothing Inc. remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Relevé Branding Agency LLC may assign these Terms at any time without notice to you.
Relevé Branding Agency LLC will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Relevé Branding Agency LLC’s reasonable control.
Denial of Access
Please send any questions or comments, or report violations of these Terms, to Relevé Branding Agency LLC at firstname.lastname@example.org, Relevé Branding Agency LLC. 26 Boulder Trail Bronxville, NY 10708.