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Terms of Service

Date of last revision October 29th, 2014

Welcome to 39th Avenue!

39th Avenue Inc. (“39th Avenue,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.39thavenue.co (the “Site”) and through its related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time If we do this, we will post the change(s) on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at www.39thavenue.co/privacy. All such terms are hereby incorporated by reference into these Terms of Service.

Electronic Communications

When you visit 39th Avenue or send e-mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the www.39thAvenue.co site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access

39th Avenue grants you a limited license to access and make personal use of the 39thavenue.co site, and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of 39th Avenue. This license does not include any resale or commercial use of the 39THAVENUE.CO site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the 39THAVENUE.CO site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools.

The 39THAVENUE.CO site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of 39th Avenue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of 39th Avenue without express written consent. You may not use any meta tags or any other “hidden text” utilizing 39th Avenue’s name or trademarks without the express written consent of 39th Avenue. Any unauthorized use terminates the permission or license granted by 39th Avenue. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the 39th Avenue home page, so long as the link does not portray 39th Avenue or our products or services in a false, misleading, derogatory, or otherwise offensive matter.

You may not use any 39th Avenue logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use the 39th Avenue site, you are responsible for maintaining the confidentiality of your account and password, as well as for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use 39th Avenue only with involvement of a parent or guardian. 39th Avenue reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

Billing, Payment & Credit Card Information

When you place your first order, we will save your credit card information for use on all future purchases. Any automatic billing and/or charges, as per the membership rules described upon sign-up, will be automatically applied to your saved credit card unless you notify us in advance by emailing service@39thavenue.co. We accept Visa and MasterCard as forms of payment. If your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your membership with us.

Contacts & Information Imported via Sharing

Any contact information imported or shared with another person may be stored privately by 39th Avenue, as well as the personal information of any recipient. We may also use that recipient’s contact information to allow him or her to view and accept your gift, or to allow the recipient to access the information you requested we send.

Return Policy; Shipping

You may return any item from a particular box you receive through the Service (in accordance with the instructions below and those provided with such box) within 3 (three) days after it is delivered. For free returns, any items must be returned using the pre-paid return label and box provided by 39th Avenue, and items must be unworn (other than “tried-on”), in their original condition and include all original tags and packaging. Shipping is not available to all locations. Members will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice) All items you receive through the Service will be shipped by a third-party carrier.

Reviews, Feedback, Comments, Communications and Other Content

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 39th Avenue reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant 39th Avenue a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant 39th Avenue the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify 39th Avenue for all claims resulting from content you supply. 39th Avenue has the right but not the obligation to monitor and edit or remove any activity or content. 39th Avenue takes no responsibility and assumes no liability for any content posted by you or any third party.

Copyright Complaints

39th Avenue respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately @ service@39THAVENUE.co.

Risk of Loss

All Boxes shipped to you from 39th Avenue are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

Illegal Usage Prohibited

You shall not use 39th Avenue’s Website or materials to past, transmit, upload, distribute or publish any content that is libelous, seditious, defamatory, blasphemous, fraudulent, invasive of another’s privacy, tortuous, obscene, pornographic, abusive, infringing or otherwise illegal, as determined in the sole discretion of 39th Avenue. You agree to comply with all applicable local, provincial, federal and international laws, regulations and treaties while using this site. In addition, while using the website in accordance with these terms as modified from time to time, you agree to comply with generally accepted internet standards and shall refrain from any abusive use of this site.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. 39th Avenue has no control over such sites and resources and 39th Avenue is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that 39th Avenue will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that 39th Avenue is not liable for any loss or claim that you may have against any such third party.

Termination

You agree that 39th Avenue, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if 39th Avenue believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that 39th Avenue shall not be liable to you or to any person as a result of any such suspension or termination. If you are unsatisfied with any of these terms, please discontinue using this Website.

 Disclaimer

You acknowledge that you are using this site including its materials at your own risks. 39th Avenue and its partners, affiliates and suppliers do not guaranty error-free or uninterrupted operations of this site. The products, services and information provided on this site are provided “as is” without any warranties of any kind including warranties of merchantable quality, fitness for particular purpose, or non infringement of intellectual property. 39th Avenue and its suppliers do not warrant the accuracy and completeness of materials available on or throughout this site. The materials on this site may be out of date, and 39th Avenue makes no commitment to update the materials. Information published on this site may refer to products, programs or services that are not available on your jurisdiction. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

Indemnification

You shall indemnify and forever save harmless 39th Avenue, its partners, affiliates, and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities (including legal fees) which may be incurred by reason of or in connection with your use of this service.

Applicable Law

By visiting the 39th Avenue site, you agree that the laws of the Province of Quebec and the laws of Canada, without regard to principles of conflict of laws, will govern these Terms of Service. The courts of the Province of Quebec shall have exclusive jurisdiction over all disputes. You agree that jurisdiction and venue in such courts is appropriate and you agree to submit to the jurisdiction of such courts.

Revision of Terms

39th Avenue may revise these terms at any time by updating this posting. You should visit this page from time to time to review the then-current terms because they are binding on you and your continued use of this site signifies your acceptance of these revised terms. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages of this site.

Entire Agreement

These terms together with 39th Avenue’s privacy policy constitute the complete and entire agreement between you and 39th Avenue pertaining to the use of this site and supersede any prior agreements, whether written or oral.

Waiver

39th Avenue will not be considered to have waived any of its rights or remedies described in these terms unless the waiver is in writing and signed by 39th Avenue. No delay or omission by 39th Avenue in exercising its rights or remedies will impair or be considered as a waiver of its rights to enforce such rights at any time.