TERMS AND CONDITIONS OF USE
Leg Avenue Terms and Conditions of Use
EFFECTIVE DATE: August 22, 2022
Leg Avenue, Inc. (“We” or “Leg Avenue”) is the operator of the website located at www.LegAvenue.com (or any successor URL) (the “Website”). This Agreement governs your use of the Website and your purchase of any products from Leg Avenue (collectively the “Products”).
THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT. YOU MUST REVIEW THESE TERMS IN THEIR ENTIRETY BEFORE ACCESSING, USING, OR BUYING ANY PRODUCTS THROUGH THE WEBSITE.
The Website and Its Functions
Leg Avenue has created a Website where whether it’s feeling glamorous and sultry in our lingerie or fulfilling a fantasy in one of our costumes, our goal is to make everyone that wears Leg Avenue feel confident and sexy. We offer a wide range of lingerie, hosiery, costumes, costume accessories, and festival and rave wear.
End User License
Leg Avenue grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited, and revocable license to use the Website for personal use only in accordance with these Terms (“User License”). Leg Avenue does not grant you any other rights whatsoever in relation to the Website or the material contained therein. All other rights are expressly reserved by Leg Avenue. Any use of the Website in any other manner, including, without limitation, resale, reverse-engineering, disassembling, redistribution, transfer, modification, or distribution of the Website or Leg Avenue Content (as defined in the Content Section herein) is strictly prohibited. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Website. You may not copy (except as expressly permitted by these Terms), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable Laws (as defined herein)). If you breach any of these restrictions, you may be subject to prosecution and damages.
Right To Change The Website
By downloading, accessing, or using the Website, you represent that you are at least thirteen (13) years old and you are agreeing to these Terms. If you are less than the age of majority in your jurisdiction, you must also have your parents’ or legal guardians’ permission to download, access, or use the Website and agree to these Terms. You also agree to abide by all applicable Laws with respect to your use of the Website. You further represent you shall at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information to Leg Avenue through the Website. You shall only use the Website as permitted by these Terms, and you shall not use the Website or the Leg Avenue Content for any commercial, political, obscene, illegal, or inappropriate purpose(s). Leg Avenue reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason and with or without notice.
You may only have one (1) single account on the Website. Multiple accounts are prohibited and violate the User License granted herein. By submitting your first name and email address on our Website, you agree to subscribe to newsletters, marketing or promotional materials and receive notices or other information We may elect to send if you opt in to elect to receive such communications. However, you may at any point in time opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email We send. You agree that you will keep your contact information up to date. If such contact information is not up to date, you may miss out on important notices. Unless you opt out you agree that We can provide notices through the Website and/or via the email address you used when you submitted it to our Website.
You may not submit to us the name or email address of another person or entity or that is not lawfully available for you to use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not submit to us any name, email address, or other content that is offensive, vulgar, or obscene.
You agree to assume all responsibility concerning your use of the Website, including, but not limited to, all activity occurring through your password (and related account access). Unless you close your account or report misuse to us in writing, you will be solely responsible for all activities undertaken and all obligations made by you or through your account (including, but not limited to, any purchases made through your account). You shall immediately notify Leg Avenue in writing if you suspect or become aware of any loss, theft, and/or unauthorized use of your password.
Leg Avenue will also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. Such information may include unique device identifier, operating system, Website performance data, location, and the time zone where the Website is used so that We can better understand user behavior and improve our Website.
What You Agree To Do And Not Do
You agree to access or use the Website solely for legal purposes as allowed by these Terms. By accessing or otherwise in any way using the Website and the Website’s functionality you amongst other things and in addition to agreeing to the other obligations herein, represent and warrant as applicable that:
Further, you may not in any way use the Website or if the Website functionality allows, post or submit to us or to the Website anything which in any respect:
Content, Products, And Accuracy Of Content Of The Website
Unless otherwise noted, the Website, and all materials on the Website, including, but not limited to, text, images, illustrations, designs, photographs, video and audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials and the copyrights, trademarks, trade dress, or other intellectual property in such materials (collectively the “Leg Avenue Content”), are solely and exclusively owned, controlled, or licensed by Leg Avenue. The Leg Avenue brand name and logo are trademarks of Leg Avenue. Subject to your agreement and compliance with these Terms, Leg Avenue grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Leg Avenue Content on the Website solely for your own personal, non-commercial use. You agree that Leg Avenue may immediately and, without notice to you, suspend or terminate the availability of the Website, its Leg Avenue Content, or the Products without any liability to you or any third party. You may download or copy the Leg Avenue Content and other downloadable materials displayed on the Website for your personal use only. No right, title, or interest in any downloaded Leg Avenue Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as explicitly noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Leg Avenue Content or the Website.
Any third-party content, products, information, or services posted on, transmitted through, or linked from the Website are the sole responsibility of the third-party originator. If you choose to access any third-party content, you do so at your own risk. WE ARE NOT RESPONSIBLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE OR ANY THIRD-PARTY CONTENT, INFORMATION, PRODUCTS, AND/OR SERVICES.
We have made every effort to accurately display our Products, but images on the Website may not exactly match the actual Product. All prices displayed on the Website or in connection with your registration and license fees are in U.S. dollars unless otherwise noted. We will add applicable sales taxes or other similar fees as necessary. All purchases are returnable or refundable only pursuant to our refund policy. You agree to abide by any additional terms and conditions indicated at the time of purchase.
Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.
We reserve the right to limit the sales of our Products to any person, geographic region, or jurisdiction. We reserve the right to limit the quantities of any Products or services that We offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or service made on the Website is void where prohibited.
All features, specifications, information, links, and other information if and as described on our Website are subject to change at any time, without notice. There may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to including, but not limited to, links or information contained on third-party websites. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice, but are not obligated to and cannot ensure the correction of any errors, inaccuracies or omissions or the status of any information on the Website or third-party websites linked to.
Payment Information, Shopify, and Sage
You agree to honor your payment obligations and acknowledge and agree that our third-party processor will store your payment information. If there are additional terms and conditions for payments, such additional terms and conditions will need to be agreed to prior to completing your purchase. You may be subject to foreign transactions fees depending on your location. You can access your purchase history through managing your account settings.
Purchases through the Website
All purchases made through the Website are subject to our acceptance. This means that We may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Website does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. Leg Avenue expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Website that govern your purchase of certain Products. By ordering Products through the Website, you agree to provide true, accurate, current, and complete information. Leg Avenue reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Website without incurring any obligation to you. Prices and availability are subject to change without prior notice, and Leg Avenue reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.
Leg Avenue wants you to be satisfied with your purchases from this Website. If you wish to return a Product, please review our Online Return Policy, which is incorporated herein in full by this reference.
The Website may offer the ability to submit and may offer the ability to share, or post materials or content on the Website by you or other users of the Website (“User-Generated Content”).
You are responsible for the User-Generated Content that you post or submit on or through the Website, including its legality, reliability, and appropriateness and you should have no expectation of privacy or confidentiality in any User-Generated Content you submit and/or post. We take no responsibility and assume no liability for User-Generated Content you or any third-party posts on and/or submits through the Website. You represent and agree that any User-Generated Content you post and/or submit will abide by all of the terms and conditions herein. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third parties regarding the source of any User-Generated Content.
By submitting and/or posting User Generated Content you represent and warrant that you have the right to grant and hereby grant to Leg Avenue (and its affiliates (entities controlled by, controlling, or under common control with us), partners, agents, licensees, successors and assigns) a perpetual, fully paid, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant, and covenant that any User-Generated Content you provide does not violate any Laws or the rights of any third party, and you have the full right to grant Leg Avenue the license specified hereinabove. Leg Avenue shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution, or compensation to you. If you do not want us to use your User-Generated Content, please do not post and/or submit it to the Website. You may encounter Leg Avenue Content or User-Generated Content that is in some way offensive, inaccurate, illegal, incomplete, or otherwise objectionable. Your only remedy is to stop viewing such Leg Avenue Content or User-Generated Content. You may also submit a report to us at firstname.lastname@example.org. We maintain the right, but not the obligation, to monitor and edit all User-Generated Content posted on and/or submitted to the Website. We are not obligated to review or publish any User-Generated Content and may remove it in our sole discretion, with or without notice.
Contests, Sweepstakes, And Promotions
Disclaimer of Warranties And Limitation on Damages
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THEWEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. LEG AVENUE DOES NOT WARRANT THAT: (1) THE INFORMATION ON THE WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY.
Some other states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages. If you reside in one of these states or jurisdictions, the above limitations or exclusions may not apply to you.
Dispute Resolution by Binding Arbitration and Class Action Waiver
Any dispute relating in any way to your visit to, or use of, the Website, the Products, or any purchase or otherwise related to these Terms (“Disputes”) shall be submitted to confidential arbitration in Los Angeles, California, USA and shall be governed exclusively by the laws of the State of California, excluding its conflict of law provisions. If a Dispute arises under these Terms, you agree to contact us at email@example.com (email). Before formally submitting a Dispute to arbitration, you and Leg Avenue may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, you agree that any and all Disputes, other than those filed in small claims court, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or Leg Avenue may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Leg Avenue will pay all of the filing costs. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of California: (i) any dispute, controversy, or claim relating to or contesting the validity of Leg Avenue’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Leg Avenue against a non-consumer; or (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable Laws, no arbitration under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the date that you purchase a Product or provide information to the Website to opt-out of this arbitration agreement. To opt out of arbitration you must contact us in writing at firstname.lastname@example.org (email). If more than thirty (30) days have passed from the date that you purchase a Product, you are not eligible to opt out of arbitration with respect to claims relating to that Product. If more than thirty (30) days have passed from the date that you provide information to the Website, you are not eligible to opt out of arbitration with respect to claims relating to the Website.
You shall defend, indemnify, and hold harmless Leg Avenue, its affiliates, and each of its and their affiliates’ directors, employees, partners, agents, contractors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees and other legal costs, that arise from or relate to (i) your use or misuse of the Website and Products offered on the Website, including, but not limited to, use of any information contained on the Website or websites linked to; (ii) violation of these Terms; (iii) infringement by you or anyone using your account, or any third party submitting User-Generated Content on your behalf, of any applicable Law or intellectual property or other right of any person or entity; (iv) or any User-Generated Content you submit. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
In addition to any other available remedies, if you breach any of the terms or conditions listed within these Terms, Leg Avenue may immediately terminate these Terms and pursue legal action and/or equitable injunctions in order to compensate Leg Avenue for all injuries caused by such breach. You also further agree to forfeit any compensation earned by you in connection with your breach(es) of these Terms.
You hereby agree that if the terms of these Terms are not specifically enforced, Leg Avenue will be irreparably damaged, and therefore you agree that Leg Avenue shall be entitled, without bond, other security, proof of damages, to appropriate equitable remedies with respect any of these Terms, in addition to any other available remedies. You hereby expressly waive all rights to injunctive relief.
We respect intellectual property rights and will remove or disable access to any material on the Website that infringes any copyright after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any content on the Website violates your copyright, please provide our copyright agent with the written information specified below:
Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:
Nolan Heimann, LLP
Attn: David Schnider
Re: Leg Avenue
16000 Ventura Blvd.Ste. 1200
Encino, CA 91436
Changes To Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will provide written notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.
These Terms and the User License are effective until terminated by Leg Avenue, with or without written notice. Your rights under the User License will terminate automatically without notice from Leg Avenue if you fail to comply with any terms or conditions of the User License. Upon termination of the User License, you shall cease all use of the Website. Upon termination you may no longer access the Website. All terms herein intended by their nature to survive termination (including, without limitation, limitations of liability and dispute resolution), shall so survive. Without in any way limiting any other language elsewhere in these Terms, Leg Avenue shall in no way be liable to you for any termination as described in this Section.
Links to Third Party Websites
The Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and Leg Avenue expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Leg Avenue to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. Pursuant to any applicable Laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR PRODUCTS OFFERED BY LEG AVENUE. Further, you waive any rights or requirements under any applicable Laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.
Leg Avenue honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local, and county taxes and will be calculated once your order is shipped.
General Legal Provisions
These Terms are governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this were a contract wholly entered into and wholly performed within the State of California. These Terms constitute the entire agreement between you and Leg Avenue and supersedes any prior version of these Terms. If any provision of these Terms is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid, the remaining provisions shall not be affected thereby and shall continue in full force and effect, and such provision may be modified or severed from these Terms to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. All rights not expressly granted herein are hereby reserved. You may not assign your rights under these Terms to any party; We may assign our rights under these Terms without condition. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns. All rights not expressly granted herein are hereby reserved to Leg Avenue.
If you have any questions about these Terms, the Products, or the Website, contact us via email at email@example.com or via phone at +1-888-453-4283. However, any communication may be lost, intercepted or altered. Leg Avenue is not liable for any damages related to communications to or from the Website. You agree with respect to any information provided by you to us through the Website or via e-mail that: