Terms of Service
THESE TERMS OF SERVICE, TRY AND PURCHASE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH DORIAN RAE ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED BELOW TO RESOLVE ANY DISPUTES WITH DORIAN RAE. PLEASE READ IT CAREFULLY.
These Terms of Service (“Terms” or “Terms and Conditions”) are a legal agreement between you ("you","your" or “Member”) and Dorian Rae, LLC., a California Limited Liability Corporation, with its principal place of business at 22120 Clarendon St, Suite 140, Woodland Hills, CA 91367 ("Dorian Rae", "We", “we”, "us" or "our"), establishing terms and conditions under which you will submit information to, and try or purchase jewelry (each a “Product” and collectively, "Products” or “Items") and receive related services (“Services”) from, Dorian Rae via our website at https://www.DorianRae.com (the "Website").
YOU AGREE TO RECEIVE ALL COMMUNICATIONS FROM DORIAN RAE UNDER THIS AGREEMENT ELECTRONICALLY VIA EMAIL OR TEXT SERVICE (AS FURTHER DEFINED BELOW). YOU AGREE TO KEEP YOUR CURRENT EMAIL ADDRESS UPDATED AT ALL TIMES AND AGREE THAT YOU WILL BE DEEMED TO HAVE RECEIVED ANY NOTICES WE SEND TO THAT EMAIL ADDRESS.
WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO THE TRYING AND PURCHASE OF ANY PRODUCTS FOURTEEN (14) DAYS AFTER THE DATE OF SUCH CHANGE. WE MAY PROVIDE NOTICE OF ANY SUCH CHANGES BY EMAIL, NOTICE TO YOU UPON LOG-IN, OR BY PUBLISHING THEM ON THE WEBSITE. IF YOU DO NOT AGREE TO ANY CHANGES IN THE TERMS AS THEY MAY OCCUR, PLEASE ARRANGE TO TERMINATE YOUR MEMBERSHIP BY NOTIFYING DORIAN RAE OF YOUR UNWILLINGNESS TO ACCEPT THE CHANGES TO THE TERMS BY EMAILING MEMBERS@DORIANRAE.COM OR CALLING US AT 1-800_____________ AND BY IMMEDIATELY RETURNING ALL OUTSTANDING PRODUCTS AND DISCONTINUING YOUR USE OF THE SERVICES AND THE WEBSITE.
Dorian Rae Membership
The Membership allows registered Members to access the Website and, with an Account (as defined below), Products from Dorian Rae in accordance with these Terms. Members also agree to comply with any terms, conditions, or policies that Dorian Rae may provide to users from time to time on the Website.
Dorian Rae offers two membership types: a rebillable membership (the “Recurring Membership”) and a prepaid gift membership (the “Gift Membership”). Recurring Memberships and Gift Memberships may be referred to collectively as “Memberships”. Under our Membership programs, the Member is sent Products on a trial basis from a selection offered on our Website. Products will be shipped to the Member's address on a recurring basis, with no due dates or limits on the number of times a Member can try. However, we do limit the number of Products to three pieces per order you may try at any one time. We reserve the right to require the return of any or all Products in your possession in the event you fail to make required payments on time. Delivery time for products you have selected may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Dorian Rae makes no guarantees as to actual delivery time. We will send you an email letting you know when your Product is shipped. The risk of loss for a Product passes to you upon a shipping carrier’s confirmation of delivery, and from then on you bear the risk of loss and are responsible for the Products until returned to and received by Dorian Rae; provided, however, that if you receive a damaged Product, please email us at email@example.com immediately and return any such damaged Products as you normally would. All shipping carrier confirmed deliveries are the sole responsibility of the recipient. If you are unable to locate a confirmed delivery of a shipment Dorian Rae has sent to you, or if you are unable to confirm that a shipment you returned to Dorian Rae has been delivered, you are required to contact and notify Dorian Rae within 10 days of delivery date listed on shipment tracking, so we may investigate. Until the investigation is complete and we are able to determine the results of the lost Products, at our sole discretion, we may decide to temporarily suspend the trying period. The Products shipped to you include a return envelope for which postage has already been paid so you can more easily return your Products to us.
Any slight damage or wear (e.g. lost earring back, a stone falls out, etc.), as determined in our sole discretion, is fully covered by us. If you have any damage or loss issues, please email us immediately at firstname.lastname@example.org. If you return a Product with excessive or abusive damage exceeding normal wear and tear, as determined by Dorian Rae in its sole discretion, you agree that Dorian Rae may charge your Payment Method (as defined below) and collect the applicable price for such Product. You are also responsible in the event of a theft or loss of a Product and in this event you will be responsible for the full Member’s price (less any applicable available discount) immediately upon notification of the loss of the Product. Also Dorian Rae reserves the right to close your account at any time if we notice multiple cases of excessive damage, losses, or abuse to the Products you have tried.
If you erroneously ship an item which is not a Product of Dorian Rae to us mistakenly, we will endeavor to notify you and return the item discovered, but we are not responsible or liable for items sent to us in error. If you realize you’ve sent us an item in error, please contact us at email@example.com as soon as possible so we can attempt to locate it and return it to you.
Recurring Memberships: By purchasing a Recurring Membership, you acknowledge that your membership has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your membership will be automatically extended for successive terms, at the then-current membership rate. Members with a Recurring Membership may place a temporary hold (a “Hold Period”) on their account in accordance with current Dorian Rae policies. During a Hold Period, a Member will not be charged a fee or receive any shipments, but such Member may still purchase Products from our Website.
Gift Memberships: Current Members may buy a Gift Membership online and transfer it to a recipient. A Gift Membership will not be automatically renewed after the then-current term expires. You can cancel a Gift Membership, but the pre-paid fee is non-refundable. If you have a Gift Membership of 3, 6, or 12 months, your Membership ends 3, 6, or 12 months from the date the Gift Membership was redeemed. Members with Gift Memberships are not eligible for Hold Periods. Gift Membership prices are subject to change, and no price adjustments will be made to Gift Memberships previously purchased at a different price.
Gift Membership recipients may be pre-existing Members with Recurring Memberships. If a Member on a Recurring Membership redeems a Gift Membership, the Recurring Membership will resume at the end of the Gift Membership. Gift Membership recipients may redeem their valid Gift Memberships using the Rocksbox Gift Code (“Gift Code"). The Gift Code does not expire and can be redeemed at any time. Once redeemed and activated, the Gift Membership recipient is no longer eligible for any free or discounted trial period. Gift Codes may not be redeemed for cash, or combined with other promotional, free or discounted trial offers or incentives. Gift Codes are for personal use and may not be shared. Rocksbox is not responsible for unintended use of Gift Codes, lost or stolen Gift Codes, or the unauthorized redemption of Gift Codes, except as required by law.
Termination: A Recurring Membership continues until terminated in accordance with these Terms. Dorian Rae or the Member can terminate at any time at their discretion with no cancellation fee and no responsibility for recurring charges after cancellation. Any Products still in your possession at the time of termination must either be purchased or returned to Dorian Rae prior to the next billing cycle; provided that if any Products are not returned to Dorian Rae prior to the next billing cycle, your Membership will not terminate and you will continue to incur the applicable recurring charges. When a Membership has been terminated, any Membership fees already paid are non-refundable. If you don't intend to purchase a Recurring Membership when the Gift Membership ends, you must return your Products within 7 days of the expiration of your Gift Membership or we will (a) charge your account for the Products that have been sent to you, or (b) charge a flat fee for the unreturned set, or (c) initiate legal action and/or using third party collection agencies to recover all Products sent to you and you will additionally be liable for any recovery fees and costs charged by the agency. Upon termination, your Account is not deleted and you can still sign in to the Website until such time as Dorian Rae limits your access to or suspend your Account. You agree that any termination, limitation of access and/or suspension shall be made in Dorian Rae’s sole discretion and that Dorian Rae is not be liable to you or any third party for the termination, limitation of access and/or suspension of your Account. Without prejudice to our other rights under these Terms, if you breach these Terms we may take such action as we deem appropriate to deal with the breach.
BECOMING A MEMBER AND OBTAINING AN ACCOUNT
Before you can begin use of the Services, you must register through the Website to obtain an account (“Account”). You must have a valid credit card and Internet access to use our Services. You must be 18 years of age or older to register as a member and use the Services and you must reside within the United States or its territories. Your membership will automatically renew for successive monthly membership periods, unless you cancel your membership or your membership is otherwise determined by Dorian Rae to terminate under these Terms. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Registration Data (including, without limitation, you e-mail address and your shipping address) and style profile section of the Website to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may review, deny, suspend or terminate your Account and refuse to offer you any and all current or future use of the Services and the Website. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Website. When you revisit the Website, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account.
Third Party Services: When using this Website and an applicable third party social networking services (e.g., Facebook, Twitter, Instagram, Google +) (each and collectively, a “Social Network”), you may have the option to consent to connecting your profile or activity on our Website with your Social Network information and activity. If you choose to use our Social Network populating feature to create an account, we may import information for your account or profile on our Website from a Social Network. We only import from the information you allow to be imported from the Social Network access to which is controlled by your privacy settings on that Social Network (“Permitted Social Network Content”). The authentication of your Social Network login credentials is conducted solely by the Social Network. If you do use this feature we will initially create your profile by displaying your first name as the user name displayed to other users, gender, current city, interests, about me, photos, and age (which is calculated from your birthdate). With your permission, we may also combine that information with your public social media profile (which may include your friend list, birthday, work history, interests, current city, photos, personal description and likes). IN ORDER TO VERIFY THAT THE INFORMATION WE RECEIVE FROM A SOCIAL NETWORK IS TRUE, ACCURATE, AND COMPLETE, AS IT WILL CONSTITUTE THE REGISTRATION DATA, WE MAY CONTACT YOU PRIOR TO REGISTERING YOUR ACCOUNT.
When you open an Account, you will be required to provide Dorian Rae with accurate, complete and current Payment Method information that you are authorized to use. Dorian Rae currently only accepts Visa, MasterCard, American Express, Diners Club, Discover Card, and PayPal (each a “Payment Method”). We do not accept cash, money orders, pre-paid, or pre-loaded cards or personal check or travelers checks of any kind. By signing up for a Membership, you authorize Rocksbox or its agent to bill your Payment Method for the applicable Membership fee, any Product purchases, any Gift Membership, shipping charges (if any), any and all applicable taxes, and any other charges you may incur in connection with your use of the Membership. Other fees will be charged to your Payment Method as you incur them. Membership fees are non-refundable. You agree not to charge back any fees or charges and any charge backs will result in you paying associated chargeback fees. For a monthly Recurring Membership, your Membership will automatically renew for successive monthly Membership periods, unless you cancel your Membership or your Membership is otherwise determined by Dorian Rae to terminate under these Terms. The renewal date is the day you're billed each month. For example, if we first billed you on February 4, your renewal date is the 4th of each month. We will bill you for another month of service every 4th day of the month. In the cases where the renewal date falls on a day after the last date of a shorter month, your renewal date will fall on the last date of that month. For example, if your renewal date is January 31st, your renewal date in February will be February 28th.
If Dorian Rae does not receive payment through your chosen Payment Method, if your Payment Method expires or is rejected, or if there is a chargeback for any reason, you agree to pay all amounts due upon demand, including a fee of $250 and any applicable taxes for non-receipt of any outstanding products due back to Rocksbox. Following any such non-payment, we may require you to provide a second valid Payment Method before continuing to use the Services and you authorize Dorian Rae to charge outstanding fees and other amounts due us against any Payment Method you have on file with us.
Dorian Rae reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. If your account is forwarded to a collections agency, you will additionally be liable for any recovery fees and costs charged by the agency. Dorian Rae reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.You are solely responsible for any and all fees charged to your Payment Method by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, chargebacks, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 60 days after they first appear on your Account statement. If you do not bring them to our attention within 60 days, you agree that you waive your right to dispute such problems or discrepancies.
We reserve the right at any time to determine whether your Payment Method(s) is/are pre-authorized to accept a minimum charge equal to the Membership fee or to each Product being tried or purchased. If we conclude that the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding Items and/or that you provide a second valid Payment Method before continuing to use the Service.
For some forms of payment, an initial authorization charge may be processed, confirmed by you, and then returned to you in order to verify the validity of your Payment Method. There will then be a second authorization for the actual amount of the applicable monthly Membership fee or purchase price. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees/charges will be charged.
FREE OR DISCOUNTED TRIAL PERIODS
Free or discounted trial periods are offered at the discretion of Dorian Rae, and are subject to discontinuation at any time. If we suspect you have had an active Account within the last 12 months, we may determine, in our sole discretion, that you are not eligible for a free or discounted trial. We consider your household not eligible if your Payment Method, physical address or email address have been associated with another active Account in the 12 months prior to the day of Account creation. Creating duplicate Accounts under another name, email, or address in order to obtain more than one free or discounted trial is fraud, in violation of both our Terms and Federal laws regarding mail fraud, and the creator and/or user of such accounts shall be held liable. New Accounts that are eligible for a free trial will be authorized on the first day of Services for the full billing cycle payment, and your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against your Payment Method unless you do not cancel before the end of your free trial period. At the end of your free or discounted trial period, Rocksbox will automatically bill your Payment Method for the next billing cycle of Services. We will not notify you when your trial period has ended. You can view the date your free or discounted trial ends in the Account section on our Website. IF YOU CANCEL PRIOR TO THE END OF YOUR FREE OR DISCOUNTED TRIAL, THERE WILL BE NO FURTHER CHARGES TO YOUR PAYMENT METHOD IF ALL PRODUCTS YOU DO NOT WISH TO PURCHASE ARE RETURNED WITHIN 7 DAYS OF THE EXPIRATION OF YOUR FREE OR DISCOUNTED TRIAL PERIOD.
To purchase any of the Products sent to you, just keep the Product or Products you want to buy when you return the rest of your Products. You hereby authorize Dorian Rae to charge your Payment Method for the Products you've kept, plus any applicable sales taxes, when we receive the returned Products. You can also click "Buy" on your feedback page under your Account, thereby authorizing Dorian Rae to immediately charge your Payment Method for the Products purchased.
If the purchased Product becomes damaged through normal wear, in our sole discretion, we will replace or refund the Product for up to 180 days after your purchase. Purchases from the Dorian Rae Shop and Clearance Shop are final sale, and no refunds will be issued after the orders are placed on the Service.
OTHER THAN AS SET FORTH IN THIS “PURCHASE/RETURNS” SECTION, ONCE YOU PURCHASE A PRODUCT THE TRANSACTION IS COMPLETE AND DORIAN RAE WILL NOT SUBSEQUENTLY ACCEPT A RETURN OR REFUND OF THAT PRODUCT FOR ANY REASON.
DORIAN RAE REFERRAL PROGRAM
Dorian Rae may offer Members the ability to earn credits or discounts ("Referral Credits" or “Forever Credits”) toward future purchases on Products when they invite friends to become Members of Dorian Rae through an authorized Dorian Rae invitation channel (e.g. an invitation sent through Dorian Rae’s website, Facebook, or another social media channel supported by Dorian Rae). Referrals outside of Dorian Rae authorized channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other Members, and expire if a Membership is canceled. You will only receive Referral Credit after the referred party becomes a paying Member through a Membership option and the referred party is sent the first Product(s) from our online selection. If the referred party does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and Dorian Rae will have no liability to you for such errors.
You agree that having multiple Dorian Rae accounts is a violation of these Terms and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent Dorian Rae's referral credit program system may, without limiting any other Dorian Rae rights or remedies, result in forfeiture of your Membership and all Referral Credits in your account. Dorian Rae reserves the right to void referrals and Referral Credits earned if we suspect, in our sole discretion, that the referrals or Referral Credits were earned in a fraudulent manner, in a manner that violates these Terms or in a manner otherwise not intended by Dorian Rae. You must not conduct your own promotion in connection with our referral credit program. Unless expressly requested to do so by Dorian Rae, you may not engage in any promotional, marketing, or other advertising activities on behalf of Dorian Rae, including by using any trademarks of Dorian Rae.
Referral Credits will appear in your Account after the referred party’s payment is received and the referred party becomes a Member of Dorian Rae and the referred party is sent her first Products to try from our on-line selection. Referral Credits can only be used towards purchasing Products; they cannot be used towards Membership fees or associated taxes. The referral credit program is void where prohibited by law. Dorian Rae reserves the right to modify or terminate the referral credit program at any time, although Referral Credits accrued shall be valid until the applicable Membership is canceled, and thereafter, Referral Credits only expire if your Recurring Membership or Gift Membership is canceled. Should there be any tax liability for the accumulation and/or use of Referral Credits, such taxes are the sole responsibility of the participant. You understand that, due to our use of third party services to track Referral Credits, your Account may not accurately reflect the Referral Credits you have actually earned, and Dorian Rae will have no liability for any such errors displayed in your Account.
Your Referral Credits do not expire while you are “active” or “on hold”. Referral Credit is capped at five (5) referred friends per calendar month, each of whom become paying Members and are sent the first Products to try from our online selection. This cap will be reset on the first day of each subsequent month.
DORIAN RAE REWARD PROGRAM (MONTHLY CREDIT)
Every Member with a Recurring Membership receives $29 in rewards credit (“Rewards Credits” or “Monthly Credit”) every month. A Membership Credit is deposited into your Account on the first day of every month, and will be automatically applied to any purchases made from your box in that month. To make sure your purchase is counted under the correct month, make sure to click "Buy" on your Account page online during that month. If you do not make a purchase, your Monthly Credit will expire automatically at the end of each month and will not roll-over to the following month. Please note that Monthly Credit cannot be credited retroactively. However, you will receive another $29 in Monthly Credit at the beginning of the following month. You understand that Monthly Credit is not transferable, may not be auctioned, bartered or sold, and may not be pooled with other Members.
Monthly Credit is not applicable to purchases made in the Dorian Rae Shop.Monthly Credit can only be used towards purchasing Products; it cannot be used towards Membership fees or associated taxes. Should there be any tax liability for the accumulation and/or use of Monthly Credit, such taxes are the sole responsibility of the participant.
DORIAN RAE FOREVER CREDIT
Accounts may be eligible to receive Forever Credit outside of Referral Credits. These credits are applied to any purchases made from Products in your set after Monthly Credit has been used. Once Forever Credit has been used on a purchase it is considered redeemed and is removed from the Forever Credit balance of the Member Account. You understand that Forever Credit is not transferable, may not be auctioned, bartered or sold, may not be pooled with other members, and expire if a Recurring Subscription is canceled.
Forever Credit is not applicable to purchases made in the Dorian Rae Shop.
Forever Credit can only be used towards purchasing Products; they cannot be used towards subscription fees or associated taxes. The Forever Credit program is void where prohibited by law. Dorian Rae reserves the right to modify or terminate the Forever Credit program at any time, and Forever Credits only expire if your Recurring Membership or Gift Membership is canceled. Should there be any tax liability for the accumulation and/or use of Forever Credit, such taxes are the sole responsibility of the participant.
LIMITED LICENSE/ACCESS LIMITS
Unless otherwise stated, Dorian Rae and/or its licensors own the intellectual property rights in and to the Website and material on the Website. Unless otherwise specified, the content on this Website is for your personal and non-commercial use and Dorian Rae grants you a limited license to access the Website solely for that purpose. All other intellectual property rights are reserved. You must not use this Website to transmit or send unsolicited commercial communications or for any purposes related to marketing without our express written consent. You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without the express written consent of Rocksbox.
Without our express written consent, Dorian Rae specifically prohibits any use of the Services, and all users agree not to use the Services, for any of the following:
Republishing material from this Website (including republication on another website);
Selling, renting or sub-licensing material from the Website;
Showing any material from the Website in public;
Reproducing, duplicating, copying, communicating, transmitting, posting, or otherwise exploiting material on this Website for a commercial purpose;
Editing or otherwise modifying any material on the Website;
Redistributing material from this Website except for content specifically and expressly made available for redistribution;
Creating multiple accounts for the same user;
Accessing data not intended for you or logging on to an Account, which you are not authorized to access;
Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; or
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violating any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol.
While using the Services, you may submit material (including without limitation text, images, audio material, video material and audio-visual material) to this Website for a multitude of purposes (your “User Content”).
You grant to Dorian Rae a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your User Content in any existing or future media. You also grant to Dorian Rae the right to sub-license these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Dorian Rae or a third party (in each case under any applicable law). You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Dorian Rae reserves the right to edit or remove any material submitted to this Website, or stored on our servers, or hosted or published upon this Website.
You consent to receive communications from us, including email and calls. We may contact you by telephone at any of the telephone numbers provided by you. In addition to e-mail communications and telephone, if you elect in your settings to receive membership, shipping, and delivery updates via text message, you consent to receive information from us via SMS and/or MMS messages sent through an automated telephone dialing system (“Text Service”), even if you have opted in to the National Do Not Call List, any state Do not Call List, or the internal Do Not Call List of any company. You may be required to respond to an initial message as instructed to complete your registration and confirm enrollment in the Text Service. You do not have to participate in the Text Service in order to use the Services. In the event you no longer want to participate in the Text Service, you agree to edit your settings accordingly. In the event you change or deactivate your mobile telephone number, you agree to promptly update your account information to ensure that your messages are not sent to the person that acquires your old number.
There is no additional charge for the Text Service, but your mobile carrier’s standard message and data rates apply to any messages you send or receive through the Text Service, including confirmations and subsequent texts. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
DISCLAIMERS OF WARRANTIES; LIMITATIONS ON LIABILITY
The Services (including the Products), and the Website and its contents, are provided "as is"; Dorian Rae makes no representations or warranties of any kind with respect to the Services, Products, the Website, or any contents therein. Dorian Rae assumes no liability or responsibility for any errors or omissions in providing the Services or in the content of the Website, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by Rocksbox, or any conduct by users of the Website. DORIAN RAE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Dorian Rae does not represent or warrant that the information on or accessible via the Website or through the Services is complete or current.
LIMITATION OF LIABILITY
DORIAN RAE AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) AND LOSS OF USE AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF DORIAN RAE AND ITS AFFILIATES, DESIGNERS, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICES WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO ROCKSBOX BY YOU UNDER THESE TERMS (INCLUDING YOUR MEMBERSHIP FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.
You agree to indemnify and hold Dorian Rae, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of these Terms and/or arising from a breach of these Terms.
“Dorian Rae” is a trademark of Dorian Rae. All Dorian Rae graphics, logos, page headers, button icons, scripts, proprietary product names, and service names are trademarks or trade dress of Dorian Rae. Any trademarks not owned by Dorian Rae that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dorian Rae. All content and compilation thereof on the Website, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Dorian Rae, its licensors, or its Product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission.
LINKS AND ADVERTISING
We may provide, or third parties may provide, links to other websites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. DORIAN RAE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE OUR WEBSITE.
Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND DORIAN RAE HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Dorian Rae agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of these Terms, your use of or access to the Website, or any Products or Services (“Disputes”), will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”).
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of California, without regard to principles of conflict of laws, will govern the Terms and any claim or dispute that has arisen or may arise between you and Dorian Rae, except as otherwise stated in the Terms.
You and Dorian Rae each agree that any and all Disputes shall be resolved exclusively through final and binding arbitration, rather than in court, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property. Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate to the exclusion of state law inconsistent therewith.
YOU AND DORIAN RAE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING OR PRIVATE ATTORNEY GENERAL ACTION. UNLESS BOTH YOU AND ROCKSBOX AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should interpret these Terms as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, equitable actions with respect to intellectual property as described above, or the interpretation of prohibition of class and representative actions, private attorney general actions, and non-individualized relief shall be for a court of competent jurisdiction to decide.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA’s rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA’s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.
A party who intends to seek arbitration must first send to the other, by certified mail, a completed form Notice of Dispute (“Notice”). The Notice to Dorian Rae should be sent to Dorian Rae at the address first set forth above. Dorian Rae will send any Notice to you to the physical address we have on file associated with your Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.
If you and Dorian Rae are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or Dorian Rae may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. Any settlement offer made by you or Dorian Rae shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, the arbitration will be conducted solely on the basis of documents you and Dorian Rae submit to the arbitrator, unless you elect to have an in-person hearing or the arbitrator determines an in-person hearing is necessary. In cases where an in-person hearing is held, you and/or Dorian Rae may attend by telephone, unless the arbitrator or AAA rules require otherwise. If the value of the relief sought exceeds $10,000, the right to an in-person hearing will be governed by the AAA rules.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same Dorian Rae user to the extent required by applicable law. The arbitrator’s award damages must be consistent with the terms of the “Disclaimer of Warranties; Limitations on Liability” section above as to the types and amounts of damages for which a party may be liable. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If you prevail in arbitration, the arbitrator may award you reimbursement of your attorneys’ fees and expenses if you seek such relief. Dorian Rae will not seek, and hereby waives all rights it may have under applicable law to recover attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Agreement to Arbitrate. If you decide to commence arbitration, and if the value of the relief sought is $10,000 or less, at your request, Dorian Rae will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Dorian Rae should be submitted by mail to the AAA along with your Demand for Arbitration and Dorian Rae will make arrangements to pay all necessary fees directly to the AAA. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Dorian Rae for all fees associated with the arbitration paid by Dorian Rae on your behalf that you otherwise would be obligated to pay under the AAA’s rules.
With the exception of any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief, if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions with respect to the prohibition of class and representative and private attorney general actions, and non-individualized relief is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of these Terms and its Legal Disputes Section will continue to apply.
Notwithstanding any provision herein to the contrary, you and we agree that if we make any amendment to this Agreement to Arbitrate (other than an amendment to any notice address or site link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against Dorian Rae prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between You and Dorian Rae. We will notify you of amendments to this Agreement to Arbitrate by posting the amended terms on the Website or by providing notice by email. If you do not agree to these amended terms, you may close your Account within the 30-day period after such notice and you will not be bound by the amended terms.
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt out of the Agreement to Arbitrate or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Dorian Rae must be resolved exclusively by a state or federal court located in Los Angeles, California. You and Dorian Rae agree to submit to the personal jurisdiction of the courts located within Los Angeles, California for the purpose of litigating all such claims or disputes.
CLAIMS OF COPYRIGHT INFRINGEMENT
It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please provide us with notice of copyright infringement under the Digital Millennium Copyright Act by submitting a written notice of your concern to: Copyright Agent, c/o Dorian Rae, LLC., 22120 Clarendon St, Suite 140,Woodland Hills, CA 91367; email address: CopyrightAgent@dorianrae.com.
Text message policy
By opting-in for the Text Message (SMS) service, you consent to receiving messages as described above.
Dorian Rae Text Messages are opt-in. Members can opt-out by replying “STOP” at anytime.
Please be aware, certain text messages may be delayed or not received.
Dorian Rae does not charge a fee for text messaging service. Standard messaging and data rates may apply, and we are not responsible for any charges from a person's service provider that may result from us providing this service.
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