Welcome to Fabletics and FL2! This website located at www.fabletics.com (this "Site") is owned and operated by Fabletics, LLC, a subsidiary of Just Fabulous, Inc. (the “Company”) and JFGC, LLC (“JFGC” and, collectively with the Company, “Fabletics”). Fabletics provides website features and other products and services to you when you visit, shop or purchase items from this Site, access this Site from your mobile devices, or use software provided by Fabletics in connection with any of the foregoing (collectively, “Fabletics Services”). Fabletics provides its products and services subject to these Terms of Service.
By using the Fabletics Services, you agree to these conditions. Please read them carefully.
By accessing or using this Site, mobile application or other Fabletics product or service on any computer, mobile phone, tablet, console or other device (collectively, “Device”), you acknowledge and agree that you have read, understand and agree to be bound by these Terms of Service and any other applicable law, whether or not you are a registered member of Fabletics. You must be at least 18 years old to use this Site or Services. Fabletics may change these Terms of Service at any time without notice. When we make changes, we will post them here. Your continued use of the Fabletics Services or enrollment as a Fabletics VIP Member shall be considered your acceptance to the revised Terms of Service. If you do not agree to these Terms of Service, please do not use this Site or any Fabletics Services and immediately cancel your Fabletics VIP Membership by calling one of our customer service representatives at 1-844-Fabletics (1-844-322-5384).
When you use any Fabletics Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site or through the other Fabletics Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.?
VIP MEMBERSHIP PROGRAM
Fabletics offers members the opportunity to participate in its membership rewards program (the “VIP Membership Program”). To become a Fabletics VIP Member, simply purchase any Fabletics or FL2 item on this Site or through an applicable Service and you will be automatically enrolled in the Fabletics VIP Membership Program (including the monthly, automatic purchase feature). As a Fabletics VIP Member, our experts will send you a customized selection of Fabletics or FL2 outfits on the 1st day of every month. You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience. As a valued Fabletics VIP Member, you will enjoy exclusive VIP Member-only pricing and dedicated promotions. You may cancel your Fabletics VIP Membership by calling one of our customer service representatives at 1-844-Fabletics (1-844-322-5384).
HOW VIP MEMBERSHIP WORKS
Upon enrollment in the VIP Membership Program, you will receive new monthly customized selections of merchandise on the first (1st) day of every month.? You must make a purchase or log into your account and select the 'Skip the Month' option between the 1st and 5th day of the month. If you do not make a purchase and do not ‘Skip the Month’ your credit card will be charged an automatic monthly membership fee of $49.95 for a member credit on the 6th until you cancel.
?You may cancel your Fabletics VIP Membership by calling one of our customer service representatives at 1-844-Fabletics (1-844-322-5384). Each Fabletics credit will be applied to your Account and can be redeemed toward the purchase of Fabletics or FL2 items (totaling $49.95 or higher) during your purchase checkout in any future month. You may ‘Skip’ as many months as you like, there is no obligation to buy. Even if you decide to ‘Skip’ any month, you may return to your Account at any time to make a purchase. As discussed below, any unused membership credits will be automatically converted into an electronic Fabletics gift card twelve (12) months following issuance. The electronic gift cards never expire and work the same as membership credits, except that they are transferrable and can be used to purchase Fabletics or FL2 items of any price.
You may cancel your Fabletics VIP Membership Account at any time. If you wish to cancel your Account, simply call our Fashion Consultants at 1-844-Fabletics (1-844-322-5384) from 9am to 9 pm (EDT), 7 days a week. There is no cancellation fee. Please be advised that your Account may only be canceled by the registered Fabletics VIP Member or the holder of the valid credit card on file related to your Account.
VIP MEMBER PERKS - VIP PRICING
As a Fabletics VIP Member, you will be able to purchase Fabletics and FL2 Outfits starting at $49.95, including, but not limited to a pre-determined combination of, tops, sports bras, pants, shorts, athletic wear accessories and other items. The site also offers a range of products, including, but not limited to, tops, sports bras, shorts and more for less than $49.95. In order to bring you this fabulous pricing, we must charge a $4.95 shipping fee for all orders under $49.95, after applicable discounts. For all orders $49.95 or over, shipping is always free.
In addition, the site will occasionally collaborate with premier trendsetting partners to offer specialty items at exclusive members-only prices. In order to bring you the most fabulous fashion trends which are not offered anywhere else, these exclusive specialty items may be offered at prices above $49.95.
You will also receive emails, newsletters, special offers and other updates to maximize your shopping experience.
MEMBERSHIP CREDITS AND GIFT CARDS
Any membership credits issued to you will be automatically converted into electronic gift cards (“JF Gift Cards”) if they are unused following the twelve (12) month anniversary of issuance. As described below, JF Gift Cards function almost identically to membership credits, and both constitute prepaid promotional certificates that are provided to VIP Members in connection with the VIP Membership Program. JF Gift Cards can be used by you to purchase identified merchandise at a price below the regular retail price if you are a VIP Member at the time of redemption. Non VIP Members can also use JF Gift Cards to purchase Fabletics merchandise at the regular retail price. Additionally, JF Gift Cards are freely transferrable and can be broken and applied across multiple purchases on this Site or the Fabletics Services.
As of May 1, 2015, JFGC shall be the sole issuer and legal obligor with respect to all gift cards, including any membership credits issued prior to such date and converted into gift cards. JFGC is responsible for the management and operation of the membership credit conversion and gift card program. A converted membership credit or gift card constitutes a contract between you and JFGC. By agreeing to be bound by these Terms of Service, you expressly release the Company from any liability with respect to your converted membership credits and gift cards. You acknowledge that any such liability is the sole responsibility of JFGC.
Membership credits and gift cards are not refundable or redeemable for cash. Membership credits and gift cards can only be used toward purchasing Fabletics or FL2 items on the Site or through the Fabletics Services. Membership credits may only be redeemed in one transaction and are non-transferrable. Fabletics gift cards may be redeemed in multiple transactions and are transferrable. Once you use the Fabletics gift card any remaining value from the gift card will be automatically credited back to your Account under the “store credit” section. You may transfer Fabletics gift cards to family members or friends who may want to try Fabletics or FL2.
Your Account reflects the balance of VIP Membership credits. The Account balance will be adjusted as VIP Membership credits are converted to JF Gift Cards. Membership credits and gift cards do not expire. However, JFGC expressly reserves the right to impose inactivity or dormancy fees on membership credits and gift cards in some or all states, and may begin imposing such fees at any time by providing at least thirty (30) days’ advance notice, which notice shall be given by posting revised Terms of Service on this Site. The risk of loss and title to such gift cards passes to the purchaser upon JFGC’s electronic transmission to the recipient.
JFCG LIMITATION OF LIABILITY
JFGC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO MEMBERSHIP CREDITS OR GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A MEMBERSHIP CREDIT OR GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH MEMBERSHIP CREDIT OR GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
If you have any questions regarding our gift card policies please send all inquiries to JFGC, LLC, 1590 Rosecrans Avenue, Suite D-337, Manhattan Beach, CA 90266, Attention: Customer Service, or contact our representatives at 855-202-3566 or email us at email@example.com.
Shipping and handling charges are based on your subtotal order amount, calculated after applicable discounts and before sales tax. Rates are calculated as follows:
Puerto Rico, APO
|$49.95 and over
4-10 Business Days
7-10 Business Days
(New VIP Member Courtesy Rate)
7-10 Business Days
||$4.95 Flat Rate
4-10 Business Days
7-10 Business Days
(New VIP Member Courtesy Rate)
7-10 Business Days
Puerto Rico, APO
|$49.95 and over
2-3 Business Days
2-3 Business Days
*All delivery times above are based on average in-transit time. Orders shipped to Canada, P.O. Boxes and APOs/FPOs do not qualify for Rush Shipping.
**All orders shipped to Australia will incur a flat rate charge of $9.95 USD except for first time orders placed as a new VIP member, which will have a shipping rate charge of $5.95 USD. The shipping charge of $5.95 USD is a one-time courtesy rate for the initial order placed as a new VIP member from Australia only. All other subsequent VIP member orders from Australia will contain a $9.95 USD flat shipping charge.
Please note shipments arriving to Alaska, Hawaii, APO locations or Australia may be subject to longer transit times (up to 30 days) due to the carrier or location of station. At this time, expedited shipping is not available for Alaska, Hawaii, APO locations or Australia. All US orders are shipped FedEx via USPS and your order will be delivered by your local postal carrier. All Australia orders will be shipped via DHL.?
As soon as your order ships, you will be provided with a tracking number via email. You can also find your order details and tracking information on the Order History tab within the My Account section.
RETURNS & EXCHANGES
Fabletics strives to provide an amazing shopping experience and superior customer service. If for any reason you are not content with your order, we gladly accept returns and exchanges for US and Canada orders within 30 days from the date of shipment and in new, unused condition with original packaging. Exchanges are not available in Australia, and orders can only be returned. Some items purchased through special promotions may be final sale, and therefore not eligible for exchanges or returns (please refer to promotion disclaimers for the terms of each offer).
Accessories must be returned with all pieces included and intact, and apparel must also be returned unworn, with all tags still attached.
In the US, Fabletics offers 3 easy return options: (1) return for Fabletics membership or store credit for free; (2) exchange for another item for free; (3) return for a refund. Return shipping and handling for non-contiguous US territories, including Alaska, Hawaii, Puerto Rico and APOs, is $9.00.?
In Australia, Fabletics offers 2 easy return options: (1) return for Fabletics membership or store credit for free; (2) return for a refund. Exchanges are not offered in Australia. If you would like to exchange an item, please return the item and place a new order. Please note: new orders are subject to standard shipping rates.
Please note that any membership or store credit used to pay for an order will be returned as store credit and will not be eligible for a refund to a credit card. Also, please note reward points associated with the purchase will be deducted from your account if you do choose a refund. Items redeemed through the rewards program are not eligible for returns or exchanges.
Shiping Your Returns/Exchanges
Returns and exchanges are easy! Just print your free return label and return packing slip by visiting the Order History page under My Account.?
To make a return or exchange, please follow these steps:
• Obtain a Return Merchandise Authorization (RMA) number. You can obtain a RMA number online by clicking on the link in the 'My Order History' section in your Account or you can obtain a RMA number by calling our Fashion Consultants by dialing our toll free number at 1-844-Fabletics (1-844-322-5384). Our Fashion Consultants will email you our pre-paid return shipping label.
• Send the item back in the original, undamaged box and packaging.
• Attach the pre-paid return shipping label to your shipment and drop it off at any USPS or FedEx location.
RISK OF LOSS/TITLE
The risk of loss and title for products purchased on the Site or through the Fabletics Services passes to the purchaser upon our delivery to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation. We will adjust your account at our discretion. Fabletics does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Fabletics does not take title to the refunded item.
Fabletics is not required by law to collect sales and/or use taxes in all states, nor does it actually collect such taxes in all states. However, Fabletics reserves the right to collect sales tax in any other jurisdictions if it believes that such collection is required by law.
For states imposing sales or use taxes, your purchase may be subject to use tax unless it is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. You may have a tax obligation in states where Fabletics does not collect sales tax. Details of how to report these taxes may be found at the websites of your respective taxing authorities.
To make purchases through the Fabletics Services or to become a Fabletics VIP you must submit credit card information. You represent and warrant to Fabletics that such information is true and that you are authorized to use the payment instrument. You will promptly update your Account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You authorize Fabletics to use any updated credit card information submitted by your credit card company directly to Fabletics. If you dispute any charges, you must inform Fabletics within thirty (30) days upon receipt of Fabletics’ invoice. We reserve the right to change Fabletics prices, fees or the number of Member Credits required to purchase items. Your continued use of the Fabletics Services after the price change becomes effective constitutes your agreement to pay the changed amount.
ACCOUNT CONFIDENTIALITY AND ACCESS
You are solely responsible for maintaining the confidentiality of your Account, all activities occurring under your Account and all access to and use of the Fabletics Services by anyone using your Account, whether or not such activities and access are actually authorized by you, including but not limited to all communications, transactions and obligations. You agree to accept responsibility for all activities that occur under your account and password. Fabletics shall not be liable or responsible for any loss or damage arising from any unauthorized use, access or any other breach of security of your Account, including but not limited to your member sign-in password and email address. You acknowledge and accept that your use of the Fabletics Services is in compliance with these Terms of Service. You further acknowledge and accept that Fabletics shall have no obligation to investigate the authorization or source of any Account activity, including purchase activity following a proper log-in to this Site or any Services, which is defined as a matching and current member sign-in and user password. You shall notify Fabletics immediately of any unauthorized access to your Account or any other unauthorized use of any Fabletics Services.
You agree that Fabletics may, without prior notice, immediately terminate, limit your access to or suspend your Account based on any of the following: (a) breach or violation of these Terms of Service; (b) upon request by law enforcement; (c) unforeseeable technical or security issues or problems; (d) extended periods of inactivity; or (e) fraudulent, deceptive or illegal activity, or any other activity which Fabletics believes is harmful to its business interests; or (f) for no reason. You agree that any termination, limitation of access and/or suspension shall be made in the Fabletics’ sole discretion and that Fabletics shall not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account.
Any and all Fabletics Services may be used only for lawful purposes and are available only for your personal, noncommercial use, which shall be limited to viewing this Site, purchasing products, providing information to Fabletics, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications. Fabletics specifically prohibits any use of the Fabletics Service, and requires all users to agree not to use the Fabletics Services, for any of the following:
• Posting any information which is incomplete, false, inaccurate or not your own;
• Creating multiple accounts for the same user;
• Accessing data not intended for you or logging on to a Fabletics server or account, which you are not authorized to access;
• Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;?
• Communicating, transmitting, or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it;
• Communicating, transmitting, or posting material that reveals trade secrets, unless you own them or have the permission of the owner;
• Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
• Communicating, transmitting, or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws;?
• Attempting to interfere in any way with this Site’s network security, or attempting to use this Site’s service to gain unauthorized access to any other computer system;?
• Communicating, transmitting, or posting material that is in violation of applicable laws or regulations;
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
• Attempting to interfere or interfering with the operation of this Site, Fabletics’ provision of services to any other visitors to this Site, Fabletics hosting provider or networks, including, without limitation, via means of submitting a virus to this Site, overloading, "flooding", "mailbombing" or "crashing" this Site;
• Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission or posting to this Site.
Any and all content, comments, feedback, suggestions, ideas, concepts, photos, questions or other communications (collectively, “User Content”) that you submit or post through any Fabletics Services shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to Fabletics and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, create derivative works from, distribute, reproduce, display, or use the User Content in any commercial or non-commercial manner whatsoever. Fabletics will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. Fabletics shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content, or respond to any User Content. Fabletics retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason.
If you utilize your Facebook account to access and use the social features available through the Fabletics Services, you can choose whether or not you wish to share content or information related to your Account on Facebook. You agree that Fabletics is not responsible for any content or information related to your Account once it is shared and posted on Facebook. If you use the Fabletics Services and its social features, you agree to respect other users of the Fabletics Services in your interactions with them. Fabletics reserves the right, in its absolute discretion, to disable your account if it believes that you are violating any term or condition set forth herein.
By submitting User Content, you represent and warrant that the User Content does not (i) contain false or misleading information, (ii) infringe on the intellectual property rights of any third party, (iii) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing content, (iv) contain any addresses, email addresses, phone numbers or any contact information, or (v) contain computer viruses, worms or other harmful files. You are solely responsible for the User Content and you hereby agree to indemnify and hold Fabletics and its employees, agents and affiliates harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Prices, descriptions and availability of products are subject to change without notice. Errors may be corrected when discovered, and Fabletics reserves the right to revoke any stated offer in order to correct any errors or inaccuracies. Although Fabletics has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products depend upon the monitor of the user, and Fabletics cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Fabletics is not responsible for typographical errors regarding price or any other matter.
All orders placed through any Fabletics Services are subject to Fabletics’ acceptance. This means that Fabletics may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Fabletics will issue you a refund.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, text, code and software used on or incorporated into this Site and/or any Fabletics Service, and the arrangement or integration of all such content, graphics, code and software, are subject to copyrights held by or licensed to Fabletics and all rights thereto are specifically reserved. As between you and Fabletics, (or any other company whose marks appear on any of the Fabletics Services), Fabletics (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on any of the Fabletics Services, and is the copyright owner or licensee of the materials and content contained therein, unless otherwise indicated. The Fabletics logos, designs, titles, phrases, product names, photographs, images, videos and content and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, “ Intellectual Property”) are owned by Fabletics and may be registered in the United States and internationally. You agree not to display or use the Fabletics Intellectual Property in any manner without Fabletics’ prior written permission. Nothing contained on this Site or in any of the Fabletics Services should be construed to grant any license or right to use any Fabletics Intellectual Property without the prior written consent of Fabletics.
Except as otherwise provided herein, use of the Fabletics Services does not grant you a license to any materials, content or features you may access on this Site or via the Fabletics Services and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such materials and content, features or materials, in whole or in part. Any commercial use of the Fabletics Services is strictly prohibited, except as otherwise approved by us. You may not download or save a copy of any of the materials and content or screens for any purpose except as otherwise provided by Fabletics. If you make use of the Fabletics Services, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information contained in the Fabletics Services including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements is protected by law including, but not limited to, copyright law.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Fabletics publishes information within the Fabletics Services as a convenience to its visitors. While Fabletics attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Fabletics Services at any time without notice. The Fabletics products described in the Fabletics Services may not be available in your region. Fabletics does not claim that the information on this Site is appropriate to your jurisdiction or that the products described in the Fabletics Services will be available for purchase in all jurisdictions.
YOUR USE OF THE FABLETICS SERVICES ARE AT YOUR SOLE RISK. THE FABLETICS SERVICES AND THE PRODUCTS OFFERED THROUGH THE FABLETICS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FABLETICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FABLETICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THE OPERATION OF THIS SITE OR ANY OF THE FABLETICS SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR AS TO THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR ANY OF THE FABLETICS SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE, UNLESS OTHERWISE SPECIFIED IN WRITING.
FABLETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE FABLETICS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH FABLETICS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF FABLETICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FABLETICS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE FABLETICS SERVICES ISSUED AGAINST YOU BY THIRD PARTY FINANICAL INSTITUTIONS SUCH AS BANKS OR CREDIT CARD COMPANIES. FABLETICS SHALL NOT BE LIABLE FOR ANY OVERDRAFT, LATE OR ANY OTHER CHARGES ISSUED AGAINST YOU BY A BANK OR CREDIT CARD.
CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FABLETICS SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE FABLETICS SERVICES. IF A PRODUCT OFFERED THROUGH THE FABLETICS SERVICES IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN ACCORDANCE WITH THE RETURN POLICY SET FORTH IN DETAIL IN THESE TERMS OF SERVICE.
Fabletics makes no warranties of any kind regarding any third party sites to which you may be directed or hyperlinked from the Fabletics Services. Hyperlinks are included solely for your convenience, and Fabletics makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such third party sites. Fabletics does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties through the Fabletics Services.
INDEMNITY AND RELEASE
You agree to indemnify and hold Fabletics and its parent, subsidiaries, affiliates, officers, agents and employees harmless from any and all liabilities, claims, demands, actions, suits, losses, obligations, judgments, proceedings, damages, expenses and costs (including reasonable attorneys' fees), based upon, arising from or related to (a) information or content submitted, transmitted or otherwise made available on or through the Fabletics Services by you or any other person accessing the Fabletics Services using your Account; (b) the use of, or connection to, the Fabletics Services by you or any other person accessing this Site using your Account (including negligent or wrongful conduct); or (c) your breach or attempted breach of these Terms of Service.
DISPUTES AND DISPUTE RESOLUTION
Use of the Fabletics Services, membership in the Fabletics VIP Membership Program, any purchases made through the Fabletics Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fabletics Services, your membership in or purchases through the Fabletics Services, Fabletics VIP Membership Program and/or your Account, or products purchased through the Fabletics Services shall be governed by the laws of your home state of residence without respect to its choice (or conflict) of laws rules.
Any claim or cause of action you may have with respect to Fabletics or the Fabletics Services must be commenced within one (1) year after the claim or cause of action arose.
CLASS ACTION WAIVER
Both you and Fabletics waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the Fabletics Services, your membership in or purchases through the Fabletics VIP Membership Program and/or your Account, or products purchased through the Fabletics Services as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the class action waiver.")
Jurisdiction and venue for any dispute shall be in Los Angeles, California. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.?
AGREEMENT TO PRE-ARBITRATION NOTIFICATION
These Terms of Service provide for final, binding arbitration of all disputed claims (discussed immediately below). Fabletics and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a dispute, the claimant whether you or Fabletics shall send a letter to the other side briefly summarizing the claim and the request for relief. If Fabletics is the claimant, the letter shall be sent, via email, to the email account listed in your Account. If you are the claimant, the letter shall be sent to Fabletics, LLC, Attn: General Counsel, 800 Apollo Street, El Segundo, California 90245. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.
AGREEMENT TO ARBITRATE CLAIMS
Except to the limited extent noted below, use of the Fabletics Services, membership in the Fabletics VIP Membership Program, any purchases made through the Fabletics Services, and any controversy, claim or dispute arising out of or relating in any way to your use of the Fabletics Services, your membership in or purchases through the Fabletics VIP Membership Program, or products purchased through the Fabletics Services shall be resolved by final and binding arbitration between you and Fabletics.?
The arbitration shall take place in Los Angeles County, California in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the American Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the American Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone hearing. In no event shall the parties be required to travel to Los Angeles to participate in the arbitration.
If you decide to commence arbitration, the provider will require to you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Fabletics will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Fabletics will also reimburse you for the $125 base filing fee.
If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Fabletics' last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Fabletics will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee).
This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.
The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.
Both you and Fabletics waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.
Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.
If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.
The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error.
OPTING-OUT OF DISPUTE RESOLUTION PROCEDURE AND CLASS ACTION WAIVER
You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of setting up your Account, you must send a letter to Fabletics, LLC., c/o Legal Department, 800 Apollo Street, El Segundo, California 90245 that specifies (1) your name, (2) your account number or account member name, (3) your mailing address, and (4) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to your Account, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Fabletics makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Fabletics' address), you may reject any such change by sending a letter to Fabletics within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of personal customer information Fabletics shares with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: General Counsel, 800 Apollo Street, El Segundo, CA, 90245. In your request, please specify that you want a "Your Fabletics California Privacy Rights Notice". Please allow 30 days for a response.
These Terms of Service constitute the entire agreement between you and Fabletics and govern your use of the Fabletics Services, and they supersede any prior agreements between you and Fabletics. You also may be subject to additional terms and conditions that are applicable to certain parts of the Fabletics Services. Fabletics may terminate this Agreement and deny you access to the Fabletics Services at any time, immediately and without notice, if in Fabletics' sole discretion you fail to comply with any provision of these Terms of Service.
You agree that no joint venture, partnership, employment, or agency relationship exists between Fabletics and you as a result of this Agreement or your use of the Fabletics Services.?
The failure of Fabletics to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms of Service shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.?
You may not assign the Terms or any of your rights or obligations under the Terms without Fabletics' express written consent. The Terms inure to the benefit of Fabletics' successors, assigns and licensees. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.
Updated: July 1, 2017