THE COUTURE EXCHANGE, LLC CONDITIONS OF USE Welcome to The Couture Exchange, LLC's Online Boutique. We provide our services subject to the following conditions. If you shop on this site, you accept these conditions. Please read them carefully. ELECTRONIC COMMUNICATIONS When you visit The Couture Exchange or send us emails, you are communicating with us electronically. You then consent to receive communications from us electronically. We may communicate with you by email or by posting notices on this site. 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. COPYRIGHT All content included on this site, such as text, graphics, logos, icons, images, photos, digital media and data compilations is the property of The Couture Exchange, LLC or others and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of The Couture Exchange, LLC and is protected by United States and international copyright laws. All software used on this site is the property of The Couture Exchange, LLC or its software suppliers and is protected by United States and international copyright laws. TRADEMARKS "The Couture Exchange" and other marks indicated on this site are registered trademarks of The Couture Exchange, LLC. Graphics, logos, page layouts, icons, scripts and service names are trademarks or trade dress of The Couture Exchange, LLC and may not be used in connection with any product or service that is not for The Couture Exchange, LLC in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Couture Exchange, LLC. All other trademarks not owned by The Couture Exchange, LLC that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Couture Exchange, LLC. LICENSE AND SITE ACCESS The Couture Exchange, LLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with written consent of The Couture Exchange, LLC. You may not use any meta tags or hidden text utilizing The Couture Exchange's name or trademarks without the express written consent of The Couture Exchange, LLC. YOUR ACCOUNT If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18 years of age, you may use The Couture Exchange.com only with the involvement and approval of a parent or guardian. The Couture Exchange, LLC reserves the right to refuse service, terminate accounts, remove or edit content, or conceal orders in their sole discretion. RISK OF LOSS All items purchased from The Couture Exchange.com are made pursuant to a shipment contract. This means that risk of loss and damage, and title pass to you when we deliver the item(s) to the carrier. PRODUCT DESCRIPTIONS We try to be as accurate as possible in describing items. However, we do not warrant that products descriptions on this site are accurate, current, reliable, complete, or error-free. Further, you understand and accept that items presented and sold on The Couture Exchange.com may be used and in less than perfect condition. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS OPERATED BY THE COUTURE EXCHANGE, LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COUTURE EXCHANGE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO OPERATION OF THIS SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE COUTURE EXCHANGE, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COUTURE EXCHANGE, LLC DOES NOT WARRANT THAT THIS SITE, IT'S SERVERS, OR EMAIL SENT FROM THE COUTURE EXCHANGE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COUTURE EXCHANGE, LLC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. APPLICABLE LAW By visiting The Couture Exchange, LLC you agree that the laws of the State of New Jersey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that may arise between you and The Couture Exchange, LLC in connection with the use of this site. ALL SALES FINAL / NO RETURNS You recognize and understand that items purchased through this site may not be new and in less than perfect condition. Although The Couture Exchange uses its best effort to inspect items and accurately describe the condition of items, it makes no representations or warranties as to condition. All sales are FINAL and The Couture Exchange, LLC is under no obligation to accept returns or issue refunds. PRIVACY POLICY The Couture Exchange, LLC is committed to respecting the privacy rights of our customers and all visitors to our web site. We take this matter very seriously and have instituted many policies and procedures to insure that none of your privacy rights as stated herein are ever violated. The following outlines The Couture Exchange, LLC's privacy policy and details the measures we have taken to safeguard and protect your privacy, while providing you with a unique and rewarding online shopping experience. By visiting The Couture Exchange, you are agreeing to the policies detailed below. What if I communicate with The Couture Exchange electronically? When you send an email to The Couture Exchange or visit the web site, you are communicating with us electronically. When you send an email to The Couture Exchange, you consent to receive communications from us electronically in response. The Couture Exchange may communicate with you by email, by updating or posting notices on the web site. You agree that all agreements, notices, disclosure and other communications that The Couture Exchange provides to you electronically satisfy any legal requirement that such communication be in writing. All communications with The Couture Exchange become the property of The Couture Exchange. What information does The Couture Exchange collect? In order to serve you better, The Couture Exchange collects and stores your personal information when you: (1) create an account on The Couture Exchange; (2) sign up to be notified of special deals like discounts and exclusive offers; or (3) enter a contest or promotion on our site. An account is created when you do one of following things: make a purchase on The Couture Exchange or register for an account on The Couture Exchange, or enter certain contests from The Couture Exchange. When creating an account, we ask you for your first and last name, your e-mail address, a password, and perhaps some other similar information. If you are making a purchase, we will additionally ask you for your billing address, shipping address, and credit card information. Our system also may gather information about the areas you visit on our site as well as the IP address you use to connect to our site. We may use this data internally only for 2 reasons: 1) to personalize your experience on The Couture Exchange.com and the marketing materials you receive from The Couture Exchange 2) to prevent fraud on your account. We would not share any of this data on an individual basis (we may share it in an aggregate form without personal identifiers) with any outside company other than perhaps consultants or service providers of The Couture Exchange, LLC who were assisting The Couture Exchange in serving you better. Of course, to the extent that we would ever share any of that information with a consultant or service provider, we would only do so if that party agreed to protect your private information by adopting a privacy policy at least as stringent as our own. We do use navigational information both in the aggregate and on an individual basis to understand how our visitors use The Couture Exchange.com so that we can make our site better. We do not keep track of where you go on the World Wide Web. What does The Couture Exchange do with this personal information? Your information is used to process your orders and personalize your shopping experience on The Couture Exchange.com for internal purposes and to comply with any legal requirements. By storing your personal information on a secure server, The Couture Exchange is able to shorten your checkout process and allow you to check your order status online. At The Couture Exchange, we also review what kinds of products appeal most to our customers as a group. This statistical information helps us improve our offering in the same way that other companies change their catalog based on what sells best. We may also use information about the kinds of products you buy from The Couture Exchange to make other marketing offers to you. Of course, you always have the option to opt-out from receiving such offers (for instructions on how to opt-out, please see below). To the extent that you use electronic wallet technology provided by a portal, such as AOL's Quick Checkout feature or MSN's .NET Passport technology or another service provider, we may share some of your purchase information with that portal or service provider to assist that portal in serving you better. However, rest assured that we would only share that information with the same portal you are using and then only to the extent that such portal agreed to protect your private information by adopting a privacy policy at least as stringent as our own. Does The Couture Exchange share any information it collects with outside parties? Except as required by law, or in the event of a merger, consolidation, or sale of all or substantially all of The Couture Exchange, LLC's assets, we will not sell or otherwise share any of your purchase information with any third party without your permission. How does The Couture Exchange safeguard my personal information? The Couture Exchange, LLC has implemented a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of employees who have special access rights. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information supplied by you is transmitted via Secure Socket Layer (SSL) technology and securely stored in The Couture Exchange's database. How does The Couture Exchange use my e-mail address? Your e-mail address is used to create and identify your account on The Couture Exchange. Your e-mail address is also used by The Couture Exchange to correspond with you about any orders that you may place or to notify you with the results of any contests you may have entered. We may also use your e-mail address to notify you about important functionality changes to the Web site, new services available through The Couture Exchange as well as special offers and promotions we think you'll find valuable. If you would rather not receive this information, or would like to opt-out of receiving e-mail of this kind, simply click on the "Unsubscribe" link that appears at the bottom of any email and follow the simple instructions to have your email address removed from the list of customers who receive notices of new functionality, services, special offers and promotions. How can you remove your name from our direct mailings? To have your address removed from The Couture Exchange's Direct Mail (Physical Mail) Program: Forward an email including your full name, physical mailing address and zip code ie. John Doe 42 W. 39th Street New York, NY 10018 Include "Regular Mail Opt Out" as the subject line Send email to customerservice@thecoutureexchange.com Your Consent: You acknowledge that this privacy policy is part of the terms of service and you agree that using this site signifies your assent to The Couture Exchange, LLC's privacy policy. The Couture Exchange, LLC reserves the right to change the terms of service, including this privacy policy, at any time, without advanced notice. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. If you have any comments or questions about The Couture Exchange's privacy statement, please e-mail us at customerservice@thecoutureexchange.com .