TERMS OF USE

Terms of Use

March 2021

These Terms of Use explain the contractual relationship between you and Rêve Noïr Brand ("Rêve Noïr Brand," "us," "we" or "our") regarding your use of, and access to our website located at www.shoprevenoir.com (the "Website"). These Terms of Use, which include our Privacy Policy and Purchasing Policy, constitute a binding agreement between you and Rêve Noïr Brand.

By using our Website, you confirm that you understand and accept these Terms of Use, and that you agree to comply with and be bound by them.

What is the purpose of these Terms of Use?

These Terms of Use (together with the Privacy Policy and Purchasing Policy) explain the terms on which you may use our Website. Use of our Website includes accessing, browsing and purchasing items on the Website.

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they will be binding.

If you breach these Terms of Use in any way, we may take such action as we consider appropriate.

We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.

What other terms apply to my use of the Website?

These Terms of Use include the following additional terms, which also apply to your use of our Website:

  • Our Purchasing Policy which applies if you purchase products on our Website.
  • Our Privacy Policy which (i) describes how we process any personal information or other data we collect from you, or that you provide to us by using our Website; and (ii) provides information about how we use cookies on our Website.

What should I be aware of when accessing the Website?

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, non-transferable license to access and use the Website on a computer, tablet device or mobile phone that you own or lawfully control.

This Website is directed at people residing in Canada, and is not intended to subject Rêve Noïr Brand to the laws or jurisdiction of any other country or territory. We do not represent that content available on or through our Website is appropriate or available in other locations. We may limit the availability of our Website or any service or product described on our Website to any person or geographic area at any time. If you choose to access our Website from outside of Canada, you do so at your own risk.

There is no charge to access and browse the Website and Service. However, charges for Internet or telecommunication use may apply at rates that are determined by the providers of such services. In order to access and browse the Website and Service, you are required to have a compatible computer, tablet device or mobile telephone, internet access, mobile network access, and an Android or iOS operating system. The software for the Website may be upgraded from time to time to add support for new functions and services.

You are responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.

Can I link to the Website?

You may link to our Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

  • Establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
  • Establish a link to our Website in any website that is not owned by you.
  • Frame our Website on any other website or create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Website other than that set out above, please contact [email protected].

What am I prohibited from doing?

You may use our Website only for lawful purposes. You may not use our Website:

  • In any way that breaches any applicable state or federal law or regulation, or these Terms of Use.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Website or Service.
  • Copy (except as expressly permitted by these Terms of Use) or publish the Website for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Website or Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any).
  • In any manner not specifically authorized hereunder.

What about viruses?

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not:

  • Misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website.
  • Attack our Website via a denial-of-service attack or a distributed denial-of- service attack.

We may report any such prohibited activities to the relevant law enforcement authorities and cooperate with those authorities by disclosing your identity to them. In the event of such activities, your right to use our Website will cease immediately.

What about third party links and resources in the Website?

The Website and Service may contain links to other sites, and content and resources provided by third parties (collectively, "Third Party Materials"). These Third Party Materials are provided for your information only. Rêve Noïr Brand does not investigate or monitor Third Party Materials, and therefore is not responsible or liable for the same. You are advised that different terms of use and privacy policies may apply to your use and access of Third Party Materials. When you use a link to go from our Website to a third party website, these Terms of Use and our Privacy Policy is no longer in effect. We encourage users to read and consider the policies of these other websites before using them.

What about intellectual property rights and using material on this Website?

Content on our Website for commercial purposes without obtaining a license to do so from us or from our licensors. We reserve the right to prohibit any person from using this Website for any reason whatsoever. Rêve Noïr Brand, or its affiliates, licensors or content providers, retain full and complete right, title and interest to the material provided on the Website, including the Website Content and all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in our and/or our affiliates' sole discretion. Rêve Noïr Brand neither warrants nor represents that your use of materials on this Website will not infringe rights of third parties not affiliated with us or our affiliates.

You may not use contact information provided on the Website for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website in any way. Rêve Noïr Brand reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice. You are personally liable for any orders that you place or charges or other liabilities that you incur prior to termination. Termination of your access or use will not waive or affect any other right or relief to which Rêve Noïr Brand may be entitled, at law or in equity.

Trademarks, logos and service marks displayed on this Website are registered and/or unregistered trademarks of Rêve Noïr Brand, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission, except as otherwise described herein. We reserve all rights not expressly granted in and to the Website and its content. This Website and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of Canada and other countries.

Can I rely on information on the Website?

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete, up-to-date or free from errors or omissions.

The views expressed by other users on our Website do not represent our views or values.

WE DISCLAIM ALL WARRANTIES

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. REVE NOIR BRAND EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE WEBSITE WILL BE SECURE; THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REVE NOIR BRAND OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OF ANY KIND. REVE NOIR BRAND DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN JURISDICTIONS, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

WE LIMIT OUR LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK AND THAT THE WEBSITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER REVE NOIR BRAND NOR ITS AFFILIATES, SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE, OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS WEBSITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US, OR THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE WEBSITE, REVE NOIR BRAND'S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON ITS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF REVE NOIR BRAND, ITS AFFILIATES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER REVE NOIR BRAND NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. IN NO EVENT WILL REVE NOIR BRAND'S AGGREGATE LIABILITY (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) WITH RESPECT TO THE USE OF THE WEBSITE OR SERVICE EXCEED THE PRICE PAID BY YOU WITH REGARD TO THE PARTICULAR CLAIM, OR, IF YOU HAVE NOT PAID REVE NOIR BRAND FOR ANY PRODUCT, THE AMOUNT OF $25.00 CAD. DOLLARS. YOU AND REVE NOIR BRAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

You Agree to Indemnify Us For Violating These Terms of Use

You agree to indemnify, defend and hold harmless Rêve Noïr Brand and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Website and any violation of these Terms of Use. If you cause a technical disruption of the Website or the systems transmitting the Website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorney's fees and court costs, arising or resulting from that disruption. Rêve Noïr Brand reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Rêve Noïr Brand in the defense of such matter.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of Canada and the province of Ontario, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and provincial courts located in the province of Ontario for any action arising out of or relating to these Terms of Use.

Class Action Waiver

Both you and Rêve Noïr Brand waive the right to bring any controversy, claim or dispute arising out of or relating in any way to your use of the this Website or products purchased through this Website (collectively the “Dispute(s)”) as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any such claim brought by anyone else. (This waiver, and the similar waiver specified for arbitration proceedings, are generally referred to herein as "the Class Action Waiver.")

 As limited exceptions to the Class Action Waiver:

  1. you may seek to resolve a Dispute in small claims court if it qualifies; and

  2. we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our respective intellectual property rights.

Forum Selection/Jurisdiction

Jurisdiction and venue for any dispute shall be in Toronto, Ontario. Each party submits to personal jurisdiction and venue in that forum for any and all purposes.

Agreement to Pre-Arbitration Notification

These Terms of Use provide for final, binding arbitration of all disputed claims (discussed immediately below). Rêve Noïr Brand and you agree, however, that it would be advantageous to discuss and hopefully resolve any disputes before arbitration proceedings or any other proceedings authorized herein are initiated. In the event of a Dispute, the claimant whether you or Rêve Noïr Brand shall send a letter to the other side briefly summarizing the claim and the request for relief. If Rêve Noïr Brand is the claimant, the letter shall be sent, via email, to the email account you have provided. If you are the claimant, the letter shall be sent to Rêve Noïr Brand, Attn: General Counsel, Rêve Noïr Brand, 2 Market St Unit 314, Toronto ON M5E1Y9. If the dispute is not resolved within 60 days after the letter is sent, the claimant may proceed to initiate arbitration proceedings or any other proceedings authorized herein.

Agreement to Arbitrate Claims

Except to the limited extent noted below, of this Website or products purchased through this Website, and any controversy, claim or Dispute arising out of or relating in any way to your use of this Website, and/or your Account, or products purchased through this Website, shall be resolved by final and binding arbitration between you and Rêve Noïr Brand.

The arbitration shall take place in Toronto, Ontario in accordance with the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the Canadian Arbitration Association. Unless either party or the arbitrator requests a hearing, the parties will submit their arguments and evidence to the arbitrator in writing. The arbitrator will make an award based only on the documents. This is called a Desk Arbitration. If any party makes a written request for a hearing within ten days after the Canadian Arbitration Association acknowledges receipt of a claimant's demand for arbitration (or the arbitrator requests a hearing), the parties shall participate in a telephone or videoconference hearing. In no event shall the parties be required to travel to Toronto to participate in the arbitration.

If you decide to commence arbitration, the provider will require you to pay a filing fee (which currently is $125 for claims under $10,000). If your filing fee is more than $125, Rêve Noïr Brand will reimburse you for any excess fee promptly after it receives notice of your arbitration. If the arbitrator ultimately rules in your favor, Rêve Noïr Brand will also reimburse you for the $125 base filing fee.

If the arbitrator rules in your favor in any respect on the merits of your claim and issues you an award that is greater than the value of Rêve Noïr Brand's last written settlement offer made before an arbitrator was selected (or greater than zero if no offer was made), then Rêve Noïr Brand will pay you the amount of the award or $350, whichever is greater (in addition to reimbursing you for the base filing fee). 

This arbitration agreement is subject to the Federal Arbitration Act and is enforceable pursuant to its terms on a self-executing basis. Either party may seek enforcement of this provision in any court of competent jurisdiction.

The arbitrator shall determine any and all challenges to the arbitrability of a claim. The arbitral award shall be judicially enforceable. Any court of competent jurisdiction may, and upon request shall, enter judgment on the arbitral award. Either party may seek confirmation (judgment on the award) and/or enforcement in any court of competent jurisdiction.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, and with the exception of Desk Arbitrations, the Federal Rules of Evidence shall govern the admissibility of evidence in any arbitral proceeding.

Both you and Rêve Noïr Brand waive the right to bring any claim covered by this dispute resolution provision as a class, consolidated, representative, collective, or private attorney general action, or to participate in a class, consolidated, representative, collective, or private attorney general action regarding any claim covered by this dispute resolution provision brought by anyone else.

Notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding.

If a proposed class, consolidated, representative, collective, or private attorney general action arbitration is initiated notwithstanding the above prohibition and it is finally determined by the arbitrator (or a court of competent jurisdiction) that the waiver specified herein is not enforceable, then the arbitration proceedings shall be bifurcated as follows and notwithstanding any provision in the Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures to the contrary: 1. The issue of arbitrability shall be determined by the Arbitrator pursuant to the applicable rules and substantive law. 2. Assuming the Arbitrator concludes that the arbitration may proceed, said arbitration shall be stayed, and the issue of whether to certify any alleged or putative class for a class action (or other representative) proceeding shall be presented to and decided by a court of competent jurisdiction. The arbitrator shall not have authority or jurisdiction to decide class certification (or any similar representative action) issues. The decision to certify or not certify a class action (or to otherwise permit the action to proceed on a representative basis) shall be appealable in the judicial proceedings consistent with the rules and law governing the appeals of interlocutory decisions or class certification (or similar) rulings specifically, if appropriate. 3. Once any issues regarding class certification (and/or similar representative requirements) have been finally decided by the court, the arbitrator will have authority to decide the substantive claims on an individual or a class (or other representative) basis, as may be determined and directed by the court.

Appeal Rights

The arbitrator(s) shall not have the power to commit errors of law or legal reasoning, make clearly erroneous factual findings, or abuse his or her discretion, and the award may be vacated or corrected on appeal to a court of competent jurisdiction for any such error. 

Opting out of Dispute Resolution and Class Action Waiver

You may elect to opt out (exclude yourself) from the final, binding arbitration procedure and the class action waiver specified in these Terms of Service by doing the following: within 15 days of following the date you first agree to these Terms of Service, you must send a letter to Rêve Noïr Brand: General Counsel, Rêve Noïr Brand, 2 Market St Unit 314, Toronto, ON M5E1Y9 that specifies (1) your name, (2) your mailing address, and (3) your request to be excluded from the final, binding arbitration procedure and class action waiver specified in these Terms of Service. All other Terms shall continue to apply to you, including the requirement to participate in pre-dispute mediation. Notwithstanding any provision in these Terms of Service to the contrary, we agree that, if Rêve Noïr Brand makes any future change to the dispute resolution procedure and class action waiver provisions (other than a change to Rêve Noïr Brand address), you may reject any such change by sending a letter to Rêve Noïr Brand within 15 days of the change to the address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision. Your letter must be postmarked by the applicable 15-day deadline to be effective. You are not required to send the letter by confirmed mail or return receipt requested, but it is recommended that you do so. Your request to be excluded will only be effective and enforceable if you can prove that the request was postmarked within the applicable 15-day deadline.

Which law applies to these Terms of Use?

Any dispute over the content or use of the Website shall be governed and construed in accordance with the substantive laws of Canada and the province of Ontario, without regard to its conflict of law provisions. You consent to the exclusive jurisdiction and venue of the federal and state courts located in the province of Ontario for any action arising out of or relating to these Terms of Use.

Eligibility

You represent and warrant that: (i) you are at least eighteen (18) years old, (ii) you have the right, capacity and authority to be bound by these Terms of Use, and (iii) you will abide by all these Terms of Use. If you place an order through the Website, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell or otherwise distribute Rêve Noïr Brand products or purchase Rêve Noïr Brand products for commercial purposes or any other commercial benefit. If we believe, in our sole discretion, that an order would violate the terms of the preceding sentence or that a user is engaging in fraudulent, objectionable or grey market activities, we may refuse such order.

Copyright Infringement

We respect the intellectual property rights of others, and require that people who use the Website and Service do the same. It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please see our DMCA policy.

Entire Agreement

These Terms Of Use, the Privacy Policy, and the Purchasing Policy, constitute the entire agreement between you and us with respect to the use of the Website and Service, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof.

Assignment

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms of Use to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

Amendment

Rêve Noïr Brand may update or amend these Terms of Use from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms of Use. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms of Use.

General

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms of Use. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created. All notices and other communications under the Terms of Use must be in writing and will be deemed to have been duly given when actually received. You may provide notices to us via email to [email protected].

How can I contact you?

If you have any questions regarding the Terms of Use or the Website or Service, please email us at [email protected]