TERMS OF SERVICE
Last Updated January 2019
Welcome to CDLC INC. ! CDLC INC. (“CDLC INC. ”) The services offered by CDLC INC. include the CDLC INC. Consignment shop, which features a varity of luxury clothing, bags, and shoes. Along with unique one of a kind fashion items, or services offered from time to time by CDLC INC. (collectively, the “Services”).
CDLC INC. offers the Services on and through its website located at cdlcinc.com. These terms and conditions (“Terms of Service” or “Agreement”) govern your access to and use of this website and any successor domain names or sites (the “Site”), the Services provided by CDLC INC. , and any and all information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING AND USING THE SERVICES IN ANY MANNER, YOU ARE ACCEPTING AND AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE TO THE EXCLUSION OF ALL OTHER TERMS.
Wherever used in these Terms of Service, “you”, “your”, “Customer”, or similar terms means the person or legal entity accessing or using the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service.
Wherever used in these Terms of Service, “we” or “us” means CDLC INC. , any company it controls or that controls it (for example a parent company or a subsidiary of CDLC INC. ), and their respective members, shareholders, directors, officers, employees, and agents, successors, and assigns.
We reserve the right, at any time, to update and change any or all of these Terms of Service, in our sole discretion, including but not limited to the fees and charges associated with the use of the Services. If we do so, we will post the modified Terms of Service on the Site and/or the Marketplace, though we will notify you of any changes that, in our sole discretion, materially impact these Terms of Service. Continued use of the Services after any such changes have been made shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service, which are currently available at: plumprint.com/terms-conditions. When we change these Terms of Service, we will modify the “Last Updated” date above.
TERMS AND CONDITIONS
Additional Terms. In order to participate in certain areas of the Site or Contracts, or to receive certain Services, you may be required to download software or content and/or agree to additional terms and conditions that govern the use of those areas of the Site or Marketplace and/or those Services, software, and/or content (“Additional Terms”). Unless otherwise provided by the Additional Terms, those Additional Terms are hereby incorporated into these Terms of Service. To the extent that there is a conflict between the terms in these Terms of Service and any Additional Terms, the specific Additional Term shall have precedence with respect to your use of that aspect of the Site, Marketplace, or Services.
Fees and Payment.
Taxes, Fees, and Charges. You agree to pay all taxes, fees, and other charges incurred in connection with your use of the Services and orders and purchases of Products (including, but not limited to, sales, use, or value-added taxes). CDLC INC. may automatically charge and withhold such taxes, fees, or other charges for orders to be delivered to addresses within any jurisdictions that it deems is required. When you order Products for overseas delivery, you may be subject to import duties and taxes, which are levied when the Products arrive at the destination that you specified. Any charges for customs clearance have to be borne by you, as CDLC INC. has no control over such charges and cannot foresee the amount charged (if any). Since customs policies vary from country to country, you should contact the customs office in the country where you have CDLC INC. ship your Products to get more information. Please also be aware that you are considered the importer of record and must comply with all laws and regulations of such country.
Returns. All returns of Products are subject to CDLC INC. ’s then-current return policies, as posted on the Site at: cdlcinc.com/returns.
Accounts. You will need to create an account to:
Stay up to date with new discounts offered on site.
Receive discounts based on amount of orders tracked via your account
You agree to provide, maintain and update true, accurate, current, and complete information about yourself as prompted by our account registration process. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other account information, or another person's name, likeness, image, or photograph. You agree to promptly notify us of any unauthorized use of your username, password, or any other account information, or any other breach of security that you become aware of involving or relating to the Services. In addition, you agree to log out of your account at the end of each session. Please note that you do not need to create an account to place orders.
Passwords. When you register for an account, you will be asked to choose a username and a password. You are entirely responsible for maintaining the confidentiality and security of your password. You agree to notify us immediately if you suspect any unauthorized use of your password or unauthorized access to your account. You are solely responsible for any and all actions taken using your password and/or account.
Termination. You agree that we may, in our sole discretion and subject only to applicable law: (1) terminate your account or your ability to access or use the Services, at any time, without notice, for any reason, including but not limited to conduct violating any applicable law, these Terms of Service, other policies or guidelines adopted by us and made available to you, or for any other reason whatsoever; and (2) remove and/or discard any content or materials, including but not limited to, any and all information, image files, or any other content submitted to us by you or on your behalf. Further, you agree that we shall not be liable to you or to any third party for any termination of your access to the Services. We urge you to make personal copies of all content you submit to us.
Geographic Restrictions. CDLC INC. is based in the State of Georgia in the United States. We make no claim that any of the Services are accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Prohibited Uses. You may use and access Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Services to:
Violate any applicable federal, state, local, or international law or regulation, including, without limitation, any law regarding the export of data or software to and from the United States or other countries.
Violate these Terms of Service.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Threaten, stalk, harm, or harass others, or promote bigotry or discrimination.
Submit, transmit, or otherwise make available any material, content, or Artwork that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, offensive, or otherwise objectionable. Only submissions that are clearly the work of a child shall be accepted as Artwork for inclusion in Products. No adult content may be the subject matter of any piece of art and any threatening, defamatory, abusive, obscene, pornographic, inappropriate, or profane material or any other material that could give rise to any civil or criminal liability under applicable law shall be not be accepted.
Exploit, harm, or attempt to exploit or harm individuals in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Impersonate or attempt to impersonate CDLC INC. , a CDLC INC. employee, another user or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
Manipulate headers or identifiers to disguise the origin of any material or content submitted or transmitted to us.
Submit, transmit, or otherwise make available any material or content that you do not have the right to make available under any law or contractual or fiduciary relationship.
Submit, transmit, or otherwise make available any material or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
Transmit, or procure the sending of, any advertising or promotional material without CDLC INC. ’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
Interfere with or disrupt the Site or the servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site.
Introduce, upload, post, email, or otherwise transmit any viruses, Trojan horses, worms, logic bombs, other computer code, or material that may interrupt, destroy, limit the functionality of the Services, interfere with the access of any user of the Services, or is malicious or technologically harmful.
Circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any content or features that enforce limitations on the use of the Services.
Otherwise attempt to interfere with the proper working of the Services.
Harvest or collect information about or from other users without their express consent and, if such consent is provided, only pursuant to applicable law.
Use the Services in any way that competes with CDLC INC. .
Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined solely by us, may harm CDLC INC. or users of the Services or expose users of the Services, CDLC INC. , or CDLC INC. ’s affiliates to liability.
We shall have the sole discretion to determine whether material or content provided by you constitutes prohibited material or content, and any material or content submitted to us may be examined at any time. You acknowledge that although we do not and will not examine and review all material and content submitted or transmitted to us, we have the absolute right (but not the obligation) to review, delete, move, and edit such material and content, or take any other appropriate action with respect to prohibited content and material, for any reason, at any time, without notice. Notwithstanding the above, when you access the Services, you acknowledge and agree that all material or content (whether private or public) that is provided to us and/or uploaded and/or stored via the Services is the sole responsibility of the person who submitted it. You understand that by accessing the Services, you may be exposed to material or content that you consider offensive and you take sole responsibility for such exposure.
License to CDLC INC.
CDLC INC. Content. The Services contain Content and other proprietary information owned by CDLC INC. or its licensors (“CDLC INC. Content”). You may use the CDLC INC. Content only in connection with the Services, and except as expressly authorized by us, you may not link to, use, copy, publicly display, publicly perform, distribute, or otherwise exploit the CDLC INC. Content in or on any third-party website (including, without limitation, a website owned or controlled by you) or in products, goods, and/or services not ordered through CDLC INC. . CDLC INC. and its licensors own and retain all proprietary and intellectual property rights in and to the CDLC INC. Content, the Site, the Marketplace, and the Services. Except for the rights expressly granted under these Terms of Service, you have no other rights to the CDLC INC. Content, the Site, or the Services.
Software. CDLC INC. may provide you with certain proprietary software that CDLC INC. allows you to download via the Services (“Software”). CDLC INC. grants you a limited, personal, nonexclusive, and non-transferable license to use the Software solely for your personal use in connection with using the Services. You agree that you will not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit the Software in any manner. The limited license granted in this paragraph shall terminate automatically, without notice to you, if we determine, in our sole discretion, that you have breached any provision of these Terms of Service. Upon termination of this limited license, you agree to immediately delete any downloaded Software. Except as stated herein, you acknowledge that you have no right, title, or interest in or to the Software.
Suggestions and Improvements. By submitting any ideas, suggestions, improvements, documents, or proposals (“Feedback”), you assign all right, title, and interest in the Feedback, including without limitation any intellectual property rights in and to the Feedback, to CDLC INC. . You further represent and warrant that any Feedback that you submit does not contain any confidential or proprietary information of any third party and that CDLC INC. is under no obligation of confidentiality, express or implied, with respect to any Feedback submitted by you. If you intend to own the intellectual property rights in any Feedback please do not submit the Feedback to us.
Trademarks. The name CDLC INC. , and all related names, logos, product and service names, designs, and slogans are trademarks of CDLC INC. or its affiliates or licensors. You must not use such marks without the prior written permission of CDLC INC. . All other names, logos, product and service names, designs and slogans accessed via the Services are used for identification purposes only and are the trademarks of their respective owners.
Linking to Us. You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other website.
Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these
Terms of Service.
We reserve the right to withdraw linking permission for any reason, without notice to you.
Links to Third-Party Websites. We may provide links to websites, software, or services owned or operated by third parties (“Third-Party Websites”). We are providing these links to you as a convenience, and CDLC INC. does not verify, make any representations, or take any responsibility for such Third-Party Websites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, products, services, or information provided on such
Third-Party Websites. The Third-Party Websites may have different privacy policies and terms and conditions and business practices than CDLC INC. . Your dealings and communications through the Services with any party other than CDLC INC. are solely between you and such third party. Any complaints, concerns, or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party. YOU AGREE THAT CDLC INC. SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES, OR CONTENT AVAILABLE THROUGH ANY THIRD-PARTY WEBSITES AND/OR THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY. Any reference on the Services to any product or service of any third party, by trade name, domain name, trademark, trade identity, service mark, logo, manufacturer, or otherwise does not constitute or imply CDLC INC. ’s endorsement or recommendation.
Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or via the Services or any applications will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. CDLC INC. AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED VIA THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL VIA THE SERVICES.
YOUR USE OF THE SERVICES OR PRODUCTS OBTAINED VIA THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CDLC INC. NOR ITS AFFILIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, CDLC INC. AND ITS AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL MEET YOUR REQUIREMENTS, (ii) THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES SHALL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICES OR PRODUCTS OFFERED VIA THE SERVICES SHALL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE ACCESSED OR OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR SMARTPHONE, OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR ACCESS OF ANY SUCH MATERIAL.
CDLC INC. HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLDUING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, COURSE OF PERFORMANCE, AND FITNESS FOR PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO SOME PORTION OF THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES WARRANTIES ARE DISCLAIMED TO THE GREATEST EXTENT PERMITTED BY LAW.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CDLC INC. OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability. CDLC INC. shall not be liable, and you are solely responsible, for any access or usage charges charged by your internet or wireless carrier related to any computer or device that you use to access or use the Services.
IN NO EVENT SHALL CDLC INC. , ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, MEMBERS, OR SHAREHOLDERS (THE “CDLC INC. ENTITIES”) BE RESPONSIBLE OR LIABLE FOR ANY PERSONAL INJURY, PREOPERTY DAMAGE, OTHER HARM, OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, TO YOU OR ANY OTHER PERSON ACCESSING THE SERVICES USING YOUR ACCOUNT OR USERNAME AND/OR PASSWORD, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY CONTENT, FEATURES, OR FUNCTIONALITIES OF THE SERVICES, HYPERTEXT LINKS TO THIRD-PARTY WEBSITES, ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES, OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT), INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES CDLC INC. ’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CDLC INC. ’S TOTAL LIABILITY IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID FOR USE OF THE SERVICES AND/OR PRODUCTS PURCHASED VIA THE SERVICES, AND YOU HEREBY RELEASE THE CDLC INC. ENTITIES FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law. We control the Services from our offices within the State of Georgia in the United States of America. All matters relating to the Services, these Terms of Service, and any dispute or claim arising there from or related thereto, in each case, including non-contractual disputes or claims, shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule, whether of the State of Georgia or any other jurisdiction, and not by the United Nations Convention on Contracts for the International Sale of Goods.
Informal Dispute Resolution. We prefer to resolve your concerns without resorting to formal legal procedures. Before filing a claim against us, you agree to try to resolve any dispute arising out of or relating to these Terms of Service or the Services (each a “Dispute”) informally by contacting email@example.com. We will attempt to resolve the Dispute informally by contacting you through email. If the Dispute is not resolved within 10 days after submission, you may bring a formal arbitration proceeding as outlined below.
Arbitration. Any Dispute that cannot be resolved informally shall be settled by binding arbitration administered in the English language by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Georgia County, Georgia , except that, to the extent you have in any manner violated or threatened to violate our intellectual property or confidentiality rights, we may seek injunctive, monetary, or other appropriate relief in any state or federal court of competent jurisdiction (and we may assert both intellectual property causes of action and other appropriate causes of action in any such action), and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Service shall be joined to an arbitration involving any other party subject to these Terms of Service, whether through class arbitration proceedings or otherwise. Each party shall bear its own costs and disbursements arising out of the arbitration, and shall pay an equal share of the arbitrator’s fees. Notwithstanding the foregoing, the arbitrator is authorized to grant the prevailing party its reasonable expenses and attorneys’ fees.
Indemnity. You agree to indemnify, defend and hold harmless CDLC INC. , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Services, your violation of any provision of these Terms of Service or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. CDLC INC. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with CDLC INC. in asserting any available defenses.
Electronic Communications. Using the Services or sending emails to CDLC INC. constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and via the Services, satisfy any legal requirement that such communications be in writing. If needed these communications may be submitted for court proceedings.
Waiver. No waiver by CDLC INC. of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CDLC INC. to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.