Terms & Conditions

Last Updated September 23, 2018

 

These are the terms of use (“Terms of Use”) for your use of services or features on the sites owned and controlled bySarah Ingle Worldwide, LLC. (“Sarah Ingle Worldwide”), including but not limited to www.sarahingle.com and www.shopthequeendom.com (the “Sites”). We may add additional Sites from time to time as we expand our offerings and these Terms of Use will govern those new Sites when added. You may be accessing our Sites from a computer or mobile phone device (through an iPhone application, for example) and these Terms of Use govern your use of our Sites and your conduct, regardless of the means of access.

If you register for an account on the Sites, you will have an account page(s) associated with your account that are not visible to anyone but you.

BY USING THE SITES, YOU SIGNIFY YOUR AGREEMENT TO THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR GUIDELINES AND RULES. IF YOU DO NOT AGREE WITH ANY OF THESE, YOU SHOULD NOT USE OUR SITES.

We also like to interact with you on third party sites where we post content or invite your feedback, such as www.facebook.com/SarahIngleOfficialwww.twitter.com/sarah_e_inglehttp://www.instagram.com/sarah_e_ingle, and http://www.youtube.com/SarahIngleOfficial (“Third Party Sites”). Our Terms of Use and other areas of our Sites may provide guidelines (“Guidelines”) and rules and regulations (“Rules”) in connection with the Community, including services that involve Third Party Sites, but Sarah Ingle Worldwide does not control those Third Party Sites, and these Terms of Use, our Guidelines and our Rules do not apply to companies that Sarah Ingle Worldwide does not own or control, or to the actions of people that Sarah Ingle Worldwide does not employ or manage. You should always check the terms of use posted on Third Party Sites.

Sarah Ingle Worldwide reserves the right to change or modify any of the terms and conditions contained in the Terms of Use, Guidelines and Rules from time to time at any time, without notice, and in its sole discretion. If Sarah Ingle Worldwide decides to change these Terms of Use, Sarah Ingle Worldwide will post a new version on the Sites and update the date set forth above. Any changes or modifications to these Terms of Use, Guidelines or Rules will be effective upon posting of the revisions. YOUR CONTINUED USE OF THE SITES FOLLOWING POSTING OF ANY CHANGES OR MODIFICATIONS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS AND IF YOU DO NOT AGREE WITH THESE CHANGES OR MODIFICATIONS, YOU MUST IMMEDIATELY CEASE USING THE SITES. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Sites and your participation in the Community.

  1. Copyright

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement thereof, and all software on the Sites is Copyright (c) 2016-2018 Sarah Ingle Worldwide, LLC., ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Sites is the exclusive property of Sarah Ingle Worldwide and protected by U.S. and international copyright laws. All software used on the Sites is the property of Sarah Ingle Worldwide or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Sites for the sole purpose of placing an order with Sarah Ingle Worldwide, engaging with the Community or using the Sites as a shopping resource. Any other use of materials on the Sites – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Sarah Ingle Worldwide is strictly prohibited. Sarah Ingle Worldwide does not intend to violate any copyright laws. Unless otherwise noted, any “inspired-by” designs or products are generic.  If any customer wants an officially licensed product, the customer will contact the company or copyright holders.

  1. Trademarks

SarahIngle.com and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Sarah Ingle Worldwide and may not be used in connection with any product or service that is not offered by Sarah Ingle Worldwide in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Sarah Ingle Worldwide does not intend to violate any trademark laws. Unless otherwise noted, any “inspired-by” designs or products are generic.  If any customer wants an officially licensed product, the customer will contact the company or trademark holders.

  1. Product Information

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. See the International Shipments section of SarahIngle.com for more information. Sarah Ingle Worldwide products displayed on the Sites may be available in select Sarah Ingle Worldwide retail stores in the U.S. and certain foreign markets. All prices displayed on SarahIngle.com are quoted in U.S. Dollars and are valid and effective only in the U.S. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Sarah Ingle Worldwide.

All material and information presented by Sarah Ingle Worldwide is intended to be used for personal, educational or informational purposes only. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Sarah Ingle Worldwide are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product from Sarah Ingle Worldwide it should be only after the legal or parental guardian has discussed the product with the minor’s doctor.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients and materials for products to avoid potential allergic reactions. Use of the Sites is not meant to serve as a substitute for professional medical advice. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Sites before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Sarah Ingle Worldwide does not give or intend to give any answers to medical related questions and these Sites do not replace any medical professional or medical resource. Sarah Ingle Worldwide does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Sites. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

The products available on the Sites and the Community, including any samples Sarah Ingle Worldwide may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Sarah Ingle Worldwide. Sarah Ingle Worldwide reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Sarah Ingle Worldwide in its sole discretion.

Except where prohibited by law, Sarah Ingle Worldwide may limit the number of products available for purchase.

  1. Color Information

While Sarah Ingle Worldwide has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

  1. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Sites, through the Community or otherwise, including the submission of product Ratings & Reviews and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Sites.

  1. Your Use of Content on the Sites and Limitation of Liability

Sarah Ingle Worldwide provides the Sites and the Community and all other applications and services on the Sites as a forum only. Sarah Ingle Worldwide is not liable for any statements, representations, or Content provided by its users in any public forum on the Sites or any Third Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Sites or any Third Party Site, including through the Community, is not controlled by Sarah Ingle Worldwide. Sarah Ingle Worldwide cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, indecent or objectionable and Sarah Ingle Worldwide shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Sarah Ingle Worldwide be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Sites or through the Community. The preceding sentence does not apply to New Jersey residents.

You may access the Content and any other content on the Sites only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Sites, or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites, including by using any device, software or routine to bypass robot exclusion headers. You agree not to attempt to access private or “under construction” areas of the Sites that are not intended for current public viewing.  Sarah Ingle Worldwide reserves all rights not expressly granted in and to the Content.

  1. Your Content Submissions

By submitting Content to Sarah Ingle Worldwide in the form of reviews or other forms denoted as public, you represent and warrant that:

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites;
♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Sarah Ingle Worldwide to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Sites and these Terms of Use);
♦ You understand that your Content may be utilized and distributed by Sarah Ingle Worldwide in its marketing materials, including but not limited to, SarahIngle.com, Sarah Ingle Worldwide emails, social channels, and store materials;
♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, this means that if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting content on Sarah Ingle Worldwide’s sites or channels (including but not limited to product reviews, Q&A, photographs, and social channels), then you must disclose this in your posting. All disclosures must be made clearly and conspicuously;
♦ All “moral rights” that you may have in such Content have been voluntarily waived by you and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;
♦ All Content that you post is accurate;
♦ You are at least 13 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;
♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;
♦ Does not harm minors;
♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;
♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;
♦ Is not submitted for compensation or other consideration from any third party;
♦ is relevant to the product being rated and reviewed or about which a question or answer is submitted;
♦ does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;
♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;
♦ Is not a form of phishing and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and

♦ Does not impersonate any person or entity, including, without limitation, any Sarah Ingle Worldwide official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity.

You may not use the Sites or Community to collect or store personal information about other users.

Sarah Ingle Worldwide does not endorse any Content or any opinion, recommendation or advice expressed therein, and Sarah Ingle Worldwide disclaims all liability with respect to the Content posted by third parties.

If your Content includes ideas, suggestions, documents or proposals to Sarah Ingle Worldwide through the Community, (a) such Content is not confidential or proprietary and Sarah Ingle Worldwide has no obligation of confidentiality, express or implied, with respect thereto; (b) Sarah Ingle Worldwide may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Sarah Ingle Worldwide under any circumstances unless you are otherwise notified by Sarah Ingle Worldwide in writing.

For any Content that you submit, you grant Sarah Ingle Worldwide a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews, with third-party brands whose product we sell. This license will survive the termination of these Terms of Use and your use of the Site.

  1. Third Party Content and Third Party Sites

Sarah Ingle Worldwide may provide content of third parties (“Third Party Content”) or links to Third Party Sites as a service to those interested in this information. Sarah Ingle Worldwide does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Sarah Ingle Worldwide and such third party. Sarah Ingle Worldwide does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Sarah Ingle Worldwide is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Sarah Ingle Worldwide through the Community, do not necessarily reflect the views of Sarah Ingle Worldwide.

  1. Production and Shipping Time

Sarah Ingle Worldwide sells primarily items that are created individually after an order is placed for that item.  Creating clothing, bags, and shoes typically takes 5 to 7 business days.  Other non-apparel items like home decor, phone cases, and accessories like watches typically take 3-5 business days to create. Our manufacturers guarantee they will ship all orders within three weeks from the time an order is placed.  Typically, orders ship within a few days, but in certain unlikely circumstances it could potentially take up to three weeks.  The standard free shipping estimate is 10 to 12 business days for orders shipping to the US via USPS.  The standard free shipping estimate is 10 to 15 days for orders shipping to AU, CH, DE, ES, FI, FR, HK, HU, IE, IL, IT, JP, KR, LU, MY, NL, NO, NZ, PL, PT, RU, SA, SE, SG, TR, UA, and/or UK via EMS.  The standard free shipping estimate is 15 to 35 for orders shipping to AR, AT, BE, BR, CL, CZ, DK, GR, MX, PE, and/or ZA via China Post.  These delivery times are estimates and may be longer or shorter depending on the destination and other factors that could impact ability to deliver like weather or political happenings particularly for shipments that need to cross borders (most of our items ship either from the US or China).  If at the time of purchase or checkout your order denotes a different estimate of time and/or price of the production time and/or the shipping time, the correct estimate is typically what’s listed in your cart, the checkout page, confirmation page, or emailed receipt.  By placing an order, you agree to these production and shipping estimates and acknowledge these are only estimates and the actual time it takes for your order to arrive may vary.

If the delivery of your order is interrupted and our manufacturer(s)/supplier(s) cannot replace your order in a reasonable time frame, Sarah Ingle Worldwide and/or our supplier handling your order’s fulfillment will notify you as soon as possible.

  1. Discontinued Products and Product Variations

Since many of the items Sarah Ingle Worldwide sells are created individually after an order is placed for that item, it is possible that our any of our manufacturers or suppliers could discontinue a product or product variation (e.g., size, color) or make a change that could cause the items to be removed from our product lines.  In these instances, Sarah Ingle Worldwide typically replaces those products or product variations with a new version that is a reasonably close match to the discontinued item.  If you order a product or product variation that is discontinued before it is created and Sarah Ingle Worldwide determines there is little to no noticeable difference between the purchased item and the new version, Sarah Ingle Worldwide will automatically replace the discontinued product you purchased with the new version.  If Sarah Ingle Worldwide automatically switches your product to a new version and the new version costs less than the purchased version, you will be refunded the difference; if the new version costs more, you will not be charged the additional amount.  If Sarah Ingle Worldwide determines the changes are noticeable or the product will not be replaced, we will contact you and either find you a suitable alternative or refund you the full amount of the discontinued products you ordered.

  1. Minor Product Changes or Deviations

Due to normal changes the on-demand manufacturing industry and in the technical production processes, products may reasonably deviate from the descriptions and information found on our website, brochures, catalogues, and other documents with respect to material, color, weight, measurements, design, or other features.

  1. Sales

Sarah Ingle Worldwide and our manufacturers/suppliers each reserve the right to reject orders for any or no reason.  If your order is rejected, we will notify you .

  1. Price, Taxes, Tariffs, Duties, and Other Fees

You must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.  If you place an order from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees.  Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.

  1. Returns, Exchanges, and Refunds

Read full details on returns, exchanges, and refunds.

  1. Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that if you access the Sites via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.

  1. Modification of Content

All Content that you submit is not confidential and may be used at Sarah Ingle Worldwide’s sole discretion. Sarah Ingle Worldwide may or may not pre-screen Content. However, Sarah Ingle Worldwide and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Sarah Ingle Worldwide and its designees will have the right to remove any Content that Sarah Ingle Worldwide deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Sarah Ingle Worldwide does not guarantee that you will have any recourse through Sarah Ingle Worldwide to edit or delete any Content you have submitted. Sarah Ingle Worldwide reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings, written comments, questions and answers are generally posted within two to four business days. However, Sarah Ingle Worldwide reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Sarah Ingle Worldwide, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Sarah Ingle Worldwide, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

  1. Reservation of Rights

Sarah Ingle Worldwide reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. Sarah Ingle Worldwide may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Sarah Ingle Worldwide (and its employees), its users and the public.

  1. Disclaimer of Warranties

SARAH INGLE WORLDWIDE IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SARAH INGLE WORLDWIDE DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SARAH INGLE WORLDWIDE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITES OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

  1. Disclaimer of Liabilities

SARAH INGLE WORLDWIDE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. This provision does not apply to New Jersey residents.

  1. Indemnification

You agree to defend, indemnify and hold harmless Sarah Ingle Worldwide (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.

  1. DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Sarah Ingle Worldwide’s designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  1. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

  1. Privacy

By submitting your email address in connection with your account, you agree that Sarah Ingle Worldwide and its third-party service providers may use your email address to contact you about your Sarah Ingle Worldwide account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Sarah Ingle Worldwide’s Privacy Policy provides further detail on the manner in which Sarah Ingle Worldwide may collect and use personally identifiable information about you, including any information you supply in connection with your use of these Sites and participation in the Community.

  1. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Sarah Ingle Worldwide’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  1. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

  1. Dispute Resolution

If a dispute should arise between you and Sarah Ingle Worldwide, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service, reachable by by sending an email to contact@sarahingle.com.

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND SARAH INGLE WORLDWIDE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. The preceding sentence does not apply to New Jersey residents.

  1. Agreement to Arbitrate Disputes

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

WE BOTH AGREE TO ARBITRATE: You and Sarah Ingle Worldwide agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate Sarah Ingle Worldwide’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances Sarah Ingle Worldwide may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing Sarah Ingle Worldwide at contact@sarahingle.com and providing the requested information as follows: (1) Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

  1. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its conflict of law rules. For any action where the Arbitration Agreement permits the parties to litigate in court, you further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Douglas County, Colorado.

  1. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Sarah Ingle Worldwide, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.

 

 

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