The following Terms of Service (“Terms”) between you and DVF Studio, LLC
(“we," "our," "us," or
describes the terms and conditions on which you may access and use the DVL Link website available at
(the “Site”), the DVF Link mobile app (the “App”), and related services
(together with the Site, the App, and our
Content (as defined below) the “Services”). By accessing or using any of the Services, you
acknowledge that you
have read, understood and agreed to be bound by these Terms.
The disclaimers, terms, and conditions in these Terms are of general application and may be supplemented by
additional policies, procedures, disclaimers, guidelines, rules, terms, and conditions of specific application
that we disclose. If you choose to purchase or rent any clothing or accessories (“Products”)
through our Services, your use of the Services is further conditioned on the
Sale and Rental Agreement,
incorporated here by reference. If you participate in our Referral Program, your use of the Services is further
conditioned on the Referral Policy,
incorporated here by reference. In the event of a conflict between these Terms on the one hand and either the
Sale and Rental Agreement or the Referral Policy on the other hand, the terms and conditions that are more
protective of DVF shall control.
BY ACCESSING OUR SERVICES, YOU ARE ACCEPTING THESE TERMS. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS
FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF THE SERVICES FOLLOWING THE POSTING OF CHANGES TO THESE
TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO THESE TERMS
WILL APPLY RETROACTIVELY.
IMPORTANT NOTICE: Please note the arbitration provision set forth in Section 9 requiring you to
arbitrate any claims you may have against us on an individual basis. Arbitration on an individual basis means
that you will not have, and you waive, the right for a judge or jury to decide your claims, and that you may
not proceed in a class, consolidated, or representative capacity.
1. General Conditions
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these
Terms on their behalf. Children under 18 years of age but at least 13 years of age may use the Services under
the supervision of parents or legal guardians who agree to be bound by these Terms on their behalf, but such
children may not rent or purchase Products via the Services. If you are a parent or legal guardian agreeing to
these Terms for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her
use of the Services and the rental or purchase of any Products, including all legal liability he or she may
B. Modification of the Services or the Terms
We may revise and update these Terms from time to time, and will post the updated Agreement to our Site or
App. We will indicate that changes to these Terms have been made by updating the date above. UNLESS OTHERWISE
STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING.
Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not
apply retroactively to events that occurred prior to such changes. Your continued use of our Services will
constitute your agreement to any new provisions within the revised Agreement.
All content and information available through the Services, including but not limited to product descriptions
and specifications, product photos, advice from stylists and photos and comments from other users (“DVF Link
Content”) is available to you on an “as is” basis and is to be used for general information purposes only.
Such information is provided on a blind-basis, without any knowledge as to your identity or specific
circumstances. The DVF Link Content is provided with the understanding that such information does not
constitute professional advice or services. As such, you agree not to rely upon or use any DVF Link Content as
a substitute for consultation with professional advisors. As used in these Terms, the Services include the DVF
Link Content. We may update the DVF Link Content, including Product descriptions and specifications, as we
deem appropriate and without notice to you. If you have any questions about the existence of more current
information, please send those questions to firstname.lastname@example.org.
We will use reasonable efforts to respond in a
timely manner. We cannot and do not assume any responsibility for your use or misuse of DVF Link Content or
any other information transmitted, monitored, stored, or received while using the Services.
B. Third Party Content
The Services may contain links or references to non-DVF Link websites, products, services or other materials
or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and DVF is
not responsible for any Third Party Content or the actions of those that provide or use such Third Party
Content. Any Third Party Content is independent from DVF Link, and DVF has no control over the Third Party
Content. In addition, a link to any Third Party Content does not imply that DVF endorses, approves of or
accepts any responsibility for the Third Party Content or its provider, or vice versa. You acknowledge and
agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party
and privacy policies governing use of these third party websites and Third Party Content.
C. Acceptable Use Policy
No part of the Services, including the DVF Link Content, may be reproduced or transmitted in any form, by any
means, electronic or mechanical, including photocopying and recording, except that DVF authorizes you to view,
copy, download, and print DVF Link Content (such as press releases and FAQs) that is available on the
Services, provided that: (a) you use the DVF Link Content solely for your personal, noncommercial,
informational purposes; (b) you do not modify the DVF Link Content; and (c) you do not remove any copyright,
trademark, and other proprietary notices on the DVF Link Content.
You may not use the Services to: (i) transmit any content, information or other materials that are, or which
DVF considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion,
gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise
objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
(ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco,
firearms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv)
display material that exploits children under 18 years of age; (v) post any content, information or other
materials that infringe, misappropriate or violate any intellectual property or other right of any third
party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or
pyramid schemes; (vii) impersonate any other person, including but not limited to, a DVF representative;
(viii) post, collect or disclose any personally identifying information (including account names) or private
information about children or any third parties without their consent (or their parent's consent in case of a
child under 13 years of age); (ix) post or transmit any unsolicited advertising, promotional materials, or any
other forms of solicitation, including without limitation, solicitations of credit card numbers, solicitations
for sponsors, or promotion of raffles or contests; (x) violate these Terms, or any applicable local, state,
national or international laws or regulations; or (xi) use our Services or DVF Link Content to develop a
competing service or product.
You also agree that you will not (and will not attempt to or permit any third party to): use any device,
software, malicious code or destructive routine intended to damage or otherwise interfere with the proper
functioning of our Site, App, servers, or networks connected to our Services or take any other action that
interferes with any other person’s use of our Services. You will not reverse engineer, decompile, disassemble,
translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or
There may be delays, omissions, or inaccuracies in the Services, including the DVF Link Content. The Service
may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
3. Your Content
A. License to Your Content
If you post, upload or make available to DVF or the Services, or otherwise submit to or through DVF as part of
your use of the Services, including the Site or App, any information, data, documents, text, images, files,
links, software, chat, communication or other materials, including but not limited to photos and reviews
relating to your use of the Products (“Your Content”), you hereby grant to DVF a perpetual, non-exclusive,
irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to
use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works
based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other
biographical information or material in connection with Your Content, in whole or in part, in all media
formats and distribution methods now known or hereafter devised (including on the Site and App, in email and
other promotional campaigns and on third party sites promoting the Services) in connection with the Services,
including but not limited to advertising, promoting, and marketing the Services, all without further notice to
you, with or without attribution, without limitation as to frequency, and without the requirement of any
permission from or payment to you or to any other person or entity. You waive any right to inspect or approve
any of Your Content or any use of Your Content.
B. Obligations for Submitting Your Content
By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform
to these Terms, including Section 2(C), and that you own or have the necessary rights, licenses, consents and
permissions, without the need for any permission from or payment to any other person or entity, to exploit,
and to authorize DVF to exploit, Your Content in all manners contemplated by these Terms. You waive all moral
rights in Your Content which may be available to you in any part of the world and confirm that no such rights
have been asserted. None of Your Content will be subject to any obligation, whether of confidentiality,
attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Your Content.
C. No Responsibility
By providing Your Content via the Services, you understand and agree that you do so at your own risk and that
we are not responsible for the damage or loss of any Your Content. You agree that we are not liable for any
legal violation caused by your use or misuse of Your Content or other information transmitted, monitored,
stored, or received while using the Services. We reserve the right to amend or delete any of Your Content
(along with the right to terminate or restrict use of or access to the Services) that in our sole discretion
violates any provision of these Terms.
4. Your Account
Access to the Services requires you to be registered with us via a DVF-generated registration form. This form
will require you to provide certain requested information (including personal information). At such time, you
will be provided with an account and login information including a username and password to successfully
complete the registration process. You are the only person authorized to access and use your account. For more
information about our collection of personal information in connection with account registration on the
B. Unauthorized Use and Information Changes
You must immediately notify us if your registration information changes or you learn of or have reason to
suspect any unauthorized use of your account or any other breach of security. You are responsible for
maintaining the confidentiality of your username and password and are fully responsible for all activities
related to your account. You also agree that you will provide truthful and accurate information during the
registration process. We may refuse to grant you a particular username for any reason, including, without
limitation, if we have reason to believe that such username impersonates someone else, is protected by
trademark or other proprietary rights, or is vulgar or otherwise offensive.
C. Storing Credentials
The Services may allow you to store your login credentials in your web browser so that you can be
automatically logged in each time you access the Services. If someone else has access to your computer or web
browser, the automatic login feature will allow that person to have access to your account. You are
responsible for any damages to DVF or the Services resulting from unauthorized access to the Services from
your account and we will have no liability to you or any third party for damages or loss related to such
unauthorized access or use.
5. Intellectual Property
A. Ownership of the Services
The Services, including the DVF Link Content, including all intellectual property rights in and to the
Services and any changes, modifications or corrections thereto, are the property of DVF and its affiliates and
licensors, and are protected from unauthorized copying and dissemination by United States copyright law,
trademark law, international conventions and other intellectual property laws in other jurisdictions. By way
of example only, and not as a limitation, “DVF Link” and the DVF Link logo are registered trademarks of DVF,
under the applicable laws of the United States and/or other countries. Other DVF product or service names or
logos appearing on or through the Services are either trademarks or registered trademarks of DVF and/or its
affiliates. All other product names are trademarks or registered trademarks of their respective owners. DVF
and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these
Terms. Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or
right to use the Services or any DVF Link Content, through the use of framing or otherwise, except: (a) as
expressly permitted by these Terms; or (b) with the prior written permission of DVF or such third party that
may own such DVF Link Content.
B. Services License
On the condition that you comply with all your obligations under these Terms, and subject to additional terms
of any third-party licenses applicable to third-party software included in the Services, we hereby grant to
you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the
Services solely in connection with your personal, non-commercial purposes. We reserve all rights not otherwise
expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any
license granted in these Terms and limit your access to the Services. Any use of the Services that exceeds the
rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms,
which may result in the termination of your right to access and use the Services.
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”),
you grant to us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative
works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights
in the Feedback which may be available to you in any part of the world and confirm that no such rights have
been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary
information of any third party, and that DVF may use your Feedback without restriction or obligation to you or
any third party.
D. Notice and Take Down Procedures; Copyright Agent
If you believe any DVF Link Content infringes your copyright, you may request removal of those materials (or
access thereto) by contacting DVF’s copyright agent (identified below) and providing the following
information: identification of the copyrighted work that you believe to be infringed, including a description
of the work, and where possible a copy or the location (e.g., URL) of an authorized version of the work;
identification of the material that you believe to be infringing and its location, including a description of
the material and its URL or any other pertinent information that will allow us to locate the material; your
name, address, telephone number and e-mail address; a statement that you have a good faith belief that the
complained of use of the materials is not authorized by the copyright owner, its agent, or the law; a
statement that the information that you have supplied is accurate, and indicating that “under penalty of
perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf; and a
signature or the electronic equivalent from the copyright holder or authorized representative.
DVF’s agent for copyright issues relating to the Services is as follows: Copyright Agent. DVF Attn:
DVF Studio, LLC, Attn: Chief Financial Officer, 440 West 14th Street, New York, NY 10014.
In an effort to protect the rights of copyright owners, DVF maintains a policy for the termination, in
appropriate circumstances, of subscribers and account holders of the Services who are repeat infringers.
6. Mobile Terms
A. Mobile Charges
Your contract with your mobile network provider (“Mobile Provider”) will continue to apply
when accessing or
using the Services on your mobile, handheld device (“Mobile Device”). You understand that
your Mobile Provider
may charge you fees for your use of its network connection services while accessing or using the Services, for
data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third-party charges. YOU
ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
B. Additional Terms Applicable on the Android Market/Google Play
DVF and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or affiliates
(“Google”), are a party to these Terms, and you will look to DVF for any recourse, and not Google. You agree
to be bound by the then-current Android Market Terms of Service as found on Google’s websites (located at
and the Google Play Terms of Service (located at
You acknowledge that Google has no obligation whatsoever to
furnish any maintenance and support services with respect to the Services. To the extent there is a conflict
between any of the terms contained herein and those set forth in the Android Market Terms of Service or Google
Play Terms of Service, the Android Market Terms of Service or Google Play Terms of Service will prevail and
C. Additional Terms Applicable on the Apple App Store
The following applies to you only if you are using the App from the Apple App Store. To the extent the other
terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and
conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph
apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree that these Terms
are solely between you and DVF, not Apple, and that Apple has no responsibility for the App or content
thereof. Your use of the App must comply with the App Store Terms of Service. You acknowledge that Apple has
no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event
of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund
the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will
have no other warranty obligation whatsoever with respect to the App, and any other claims, losses,
liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely
governed by these Terms. You and DVF acknowledge that Apple is not responsible for addressing any claims of
you or any third party relating to the App or your possession and/or use of the App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal
or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and
DVF Link acknowledge that, in the event of any third-party claim that the App or your possession and use of
that App infringes that third party’s intellectual property rights, DVF, not Apple, will be solely responsible
for the investigation, defense, settlement and discharge of any such intellectual property infringement claim
to the extent required by these Terms. You must comply with applicable third party terms of agreement when
using the App. You and DVF acknowledge and agree that Apple, and Apple’s subsidiaries, are third party
beneficiaries of these Terms as they relate to your license of the App, and that, upon your acceptance of the
Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms
against you as a third party beneficiary thereof.
A. Termination By You
You may deactivate your account and discontinue your use of the Services at any time. In order to deactivate
your account, please contact us at email@example.com. You
understand that Your Content may continue to exist and be used on or through the Service even after such
B. Termination By DVF
Any violation of these Terms, including any of the prohibitions in Section 2(C), may result in suspension or
termination of your access to the Services and/or removal of Your Content. DVF may also terminate your account
if DVF determines that your conduct poses a risk or liability to DVF, or for any other reason as determined by
DVF in its sole discretion.
C. Effects of Termination
The provisions of these Terms that by their content are intended to survive the expiration or termination of
these Terms, including, without limitation, provisions governing ownership and use of intellectual property,
representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue,
remedies, rights after termination, and interpretation of these Terms, will survive the expiration or
termination of these Terms for their full statutory period.
8. Disclaimer of Warranties; Indemnification; Limitation of Liability
A. Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 1(F) OF THE RENTAL AND SALE AGREEMENT RENTAL AND SALE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE
RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITATION, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE
FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE
FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON THE SERVICES WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN
THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE CORRECTED, THAT THE SERVICES AND ANY CONTENT OR
INFORMATION FOUND ON THE SERVICES WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR
OTHER MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH THE SERVICES OR ANY
PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS DVF, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, VENDORS,
MEMBERS, MANAGERS, EMPLOYEES, DIRECTORS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES,
LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH: (1) YOUR USE OF THE SERVICES, INCLUDING YOUR PURCHASE OF PRODUCTS OR SUBSCRIPTION TO A
MEMBERSHIP; (2) YOUR VIOLATION OF THESE TERMS, (3) ANY OF YOUR CONTENT YOU POST OR PROVIDE THROUGH THE
SERVICES, (4) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (5) YOUR NEGLIGENCE OR WILLFUL
C. Limitation of Liability
YOU EXPRESSLY AGREE TO WAIVE AND RELEASE AND HEREBY WAIVE AND RELEASE, ANY AND ALL CLAIMS AND LIABILITIES
AGAINST DVF THAT ARISE FROM YOUR USE OF THE SERVICES OR, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE
SERVICES IN VIOLATION OF THIS THESE TERMS, THE RENTAL AND SALES AGREEMENT, THE REFERRAL POLICY, OR ANY
FEDERAL, STATE, OR LOCAL LAWS OR REGULATIONS.
UNDER NO CIRCUMSTANCES, SHALL DVF OR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES,
AGENTS, OR CONTRACTORS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION
WITH THE USE OF OR INABILITY TO USE THE SERVICES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER
GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHERWISE, INCLUDING LOSS OF DATA, INCOME OR
PROFITS), WHETHER IN CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF DVF HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE
RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE TERMS, INCLUDING THE LIMITATION OF LIABILITY AND
DISCLAIMERS SET FORTH HEREIN.
IN THE EVENT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES CONTAINED IN
THESE TERMS SHALL BE DETERMINED BY A COURT OR ARBITRATOR TO BE INVALID OR UNENFORCEABLE, THEN SUCH PROVISIONS
SHALL BE REFORMED TO THE MAXIMUM LIMITATION PERMITTED BY APPLICABLE LAW. IN ANY EVENT, THE TOTAL MAXIMUM
AGGREGATE LIABILITY OF DVF AND ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OR
CONTRACTORS UNDER THESE TERMS OR THE USE OR EXPLOITATION OF ANY OR ALL PARTS OF THE SERVICES IN ANY MANNER
WHATSOEVER SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER
EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A
GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE
CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT
SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY
HAVE AGAINST DVF LINK.
9. Dispute Resolution, Arbitration and Class Action Waiver
Please read this Section 9 carefully.
A. Informal Process First
Both you and DVF agree that in the event of any dispute between us, you and DVF will first contact the other
party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of
B. Mandatory Arbitration of Disputes
BOTH YOU AND DVF AGREE THAT THE INFORMAL PROCESS IN SECTION 9(A) IS A CONDITION PRECEDENT THAT MUST BE
SATISFIED BEFORE INITIATING ANY LITIGATION OR FILING ANY CLAIM AGAINST THE OTHER PARTY. IF ANY DISPUTE CANNOT
BE RESOLVED BY THIS INFORMAL PROCESS, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL
BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASES. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU
WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT
PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would have in court
will not be available or will be more limited in arbitration, including discovery and appeal rights. All such
disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services, Inc. (JAMS) for
binding arbitration under its rules then in effect, pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written
submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS
facility in New York City.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or
JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’
Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be
conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure,
the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil
Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no
power or authority to amend or disregard any provision of this section or any other provision of these
Terms, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute
Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and
conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on
consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and
distribute to the parties written findings of fact and conclusions of law relevant to such judgment and
award and containing an opinion setting forth the reasons for the giving or denial of any award. The award
of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a
court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent
permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the
arbitrators' and administrative fees of arbitration, with DVF remaining responsible for its share of costs,
expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. Either party also may, without waiving any remedy under these Terms, seek from any court
having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of
that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's
determination of the merits of the controversy). We also both agree that you or we may bring suit in court
to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms.
C. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or
other proceedings by or between you and DVF shall be conducted on an individual basis and not in any class
action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall
have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated
transactions. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration
proceedings as a representative of others. If for any reason a claim proceeds in court rather than in
arbitration, the parties each waive any right to a jury trial. Any claim that all or part of this Class Action
Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent
jurisdiction and not by an arbitrator.
You consent to receive communications from us, including email, text messages, calls, direct mail, and push
notifications, including for the purposes of notifying you about the status of your order, sending you
reminders, facilitating secondary authentication, and providing other information. We may contact you by
telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone
numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text
messages we send you. You may opt out of receiving communications by emailing firstname.lastname@example.org or
1-833-639-1782. You acknowledge that opting out of receiving communications may
impact your use of the
B. Consent to Do Business Electronically
We use and rely upon electronic records and electronic signatures for the execution and delivery of these
Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or
information of any type sent or received in accordance with these Terms and in performing our obligations and
exercising our rights under these Terms. Neither you nor DVF will prevent or inhibit in any way the other
party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the
other party. You agree not to contest the authorization for, or validity or enforceability of, electronic
records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating
to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound
thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake
all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be
able to conduct business electronically.
C. Jurisdictional Issues
DVF makes no representation that the Services are appropriate or available for use outside the United States.
Those who choose to access the Services or any part thereof from outside the United States do so at their own
risk and are responsible for compliance with applicable local laws. The Services may contain references or
cross references to products or services that are not available or approved by the appropriate regulatory
authorities in your country. Such references do not imply that DVF intends to announce or make available such
products or services to the general public, or in your country. Contact DVF at email@example.com to
determine which products and services may be available to you.
D. Export Laws
The laws of the United States of America prohibit the export of certain software and data to particular
persons, territories, and foreign states. You agree not to export the Services, including the DVF Link
Content, or any part thereof, in any way, in violation of United States law.
E. Equitable Relief
You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to
us which would be both difficult to ascertain and which would not be compensable by damages alone. As such,
you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of
posting bond), specific performance, or other equitable relief without prejudice to any other rights and
remedies we may have for your breach of these Terms.
F. Governing Law/Venue
These Terms are governed and interpreted pursuant to the laws of the State of New York, notwithstanding any
principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the
mandatory arbitration provision we have agreed to above, results in court action, shall be resolved
exclusively by a state or federal court located in New York County, New York, and you specifically consent to
the personal jurisdiction of such courts and waive any claim of forum non convenience.
G. Entire Agreement
These Terms are the entire agreement between you and DVF relating to the subject matter herein and shall not
be modified except by DVF in accordance with these Terms, or as otherwise agreed in writing by you and DVF. No
employee, agent or other representative of DVF has any authority to bind DVF with respect to any statement,
representation, warranty or other expression not specifically set forth in these Terms.
H. Severability and Waiver
f any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not
affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to
New Jersey residents or transactions. The failure of a party to require performance of any provision will not
affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or
default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default
or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. DVF may
assign these Terms at any time without notice to you.
J. Force Majeure
DVF will not be liable for, or be considered to be in breach of these Terms on account of, any delay or
failure to perform as required by these Terms as a result of any cause or condition beyond
K. Contact Us
Please send any questions or comments, or report violations of these Terms, to DVF at firstname.lastname@example.org or
DVF, Attn: DVF; 874 Washington St, New York, NY 10014