Terms & Conditions Policy
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THIS AGREEMENT AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER BELOW CAREFULLY.
DESCRIPTION OF SERVICES
In the Site, Rehab provides users with access to sales of luxury resale items, vintage items and one-of-a-kind items. You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
LICENSE AND SITE ACCESS
Rehab grants you a limited license to access the Site and Service for personal use. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content (defined below) available through the Site, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in The RealReals sole discretion) an unreasonable or disproportionately large load on Rehab’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Rehab to prevent or restrict access to the Site or Service. Any unauthorized use by you shall terminate the permission or license granted to you by Rehab.
AUTHENTICATION AND BRANDS
You acknowledge and agree that Rehab’s authentication process is in-house and independent. Brands identified on the Site are not involved in the authentication of the products being sold, and none of the brands sold assumes any responsibility for any products purchased from or through the website. Brands sold on the Site are not partnered or affiliated with Rehab in any manner. However, Rehab fully cooperates with brands seeking to track down the source of counterfeit items.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rehab AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The RealReal HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
You will indemnify and hold harmless Rehab from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Rehab and such parties, and shall defend Rehab and such parties against any and all claims arising out of (1) your breach of these Terms and Use; (2) your breach of the Terms of Service; (4) fraud you commit, or your intentional misconduct or gross negligence; or (5) your violation of any applicable U.S. of foreign law or the rights of a third party. Rehab will control the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of Rehab.
Rehab shall be excused from performance under these TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, or (5) other causes beyond the reasonable control of Rehabl. In the event that Rehab is temporarily unable to ship to you a purchased item because of such an event, Rehab will give you the option of deferring shipment or receiving a refund of your charges.
MANDATORY ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH BINDING ARBITRATION. YOU WAIVE THE RIGHT TO HAVE YOUR DISPUTE HEARD IN COURT AND WAIVE THE RIGHT TO BRING CLASS CLAIMS. YOU UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.
Any dispute or claim relating in any way to your use of Rehab, the Site, or to any products or services sold or distributed by Rehab or through Rehab-Queen.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these TOS as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, CT Corporation,Inc. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at adr.org/consumer or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Rehab will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any arbitration will be conducted only on an individual basis between You and Rehab and not in a class, consolidated or representative action or arbitration. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If part of this provision is unenforceable, the remainder remains in effect.
When you use the Site, Service or send emails to Rehab, you are communicating with Rehab electronically. You consent to receive communications electronically from Rehab. Rehab will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
MODIFICATION AND NOTIFICATION OF CHANGES
The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Rehab. You are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the Internet without the written permission of Rehab or such third party which may own the Marks. Information and content including any software programs available on or through the Service or Site (“Content”) may protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for any purpose.
SURVIVAL OF TERMS AFTER AGREEMENT ENDS
Notwithstanding any other of this TOS, or any general legal principles to the contrary, any provision of this TOS that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOS.
If any of these conditions are deemed invalid, void, or for any unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Headings are for reference purposes only and do not limit the scope or extent of such section. These TOS and the relationship between you and Rehab will be governed by the laws of the State of California without regard to its conflict of law provisions. You and Rehab agree to submit to the personal jurisdiction of the federal and state courts located in the County of Marin in the State of California with respect to any legal proceedings that may arise in connection with these TOS. The failure of Rehab to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Rehab does not guarantee it will take action against all breaches of these TOS. Except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to these TOS. These TOS constitute the entire agreement between you and Rehab and governs your use of the Site and Service (other than applicable Additional Terms), superseding any prior agreements between you and Rehab with respect to the Site or Service.
Thank you for choosing to be part of our community at Rehab! We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regard to your personal information, please contact us at firstname.lastname@example.org.
1. the information identifying you that we collect;
2. how we use this information;
3. the legal basis upon which we process it;
4. with whom it is shared; and
5. how it is stored.
This policy also describes other important topics relating to your personal information and privacy.
Our Terms of Service apply to Rehab and this Site. If you do not agree to them, then you should not continue to use the Rehab Site.
WHAT PERSONAL INFORMATION DO WE COLLECT?
We collect personal information of all Users of Rehab website, which includes:
1. your name;
2. phone number;
3. postal address;
4. email address.
That’s it! And we’ll keep it to ourselves.
LEGAL BASIS FOR USE OF YOUR PERSONAL INFORMATION
2. our use of your personal information as is necessary to complying with our legal obligations;
3. where none of the above apply, use of your personal information is necessary for our legitimate interests or the legitimate interests of others (for example, to ensure the security of our Site).
Our legitimate interests are to:
1. run, grow and develop our business;
2. operate our Site;
3. carry out marketing, market research and business development;
4. provide goods to our customers, make and receive payment, and to know the identity of the customer that we are providing services to; and
5. place, track and ensure fulfilment of orders.
SHARING OF PERSONAL INFORMATION
Rehab doesn’t share your information with third parties. No matter how often they ask.
DISCLOSURES REQUIRED BY LAW OR FOR BUSINESS PURPOSES
In our sole discretion, we may also disclose information we collect to a third party when we believe it is reasonably necessary to investigate or prevent harm, fraud, abuse, or illegal conduct, including to enforce or apply our terms and conditions or any other agreement or to respond to any claims, or to protect our rights or the rights of a third party.
RETENTION OF PERSONAL INFORMATION
We keep your personal information for no longer than necessary for the purposes for which the personal information is processed. The length of time we retain personal information for depends on the purposes for which we collect and use it and/or as required to comply with applicable laws and to establish, exercise or defend our legal rights.
YOUR PRIVACY CHOICES
UPDATES TO YOUR INFORMATION
You can contact us at any time to update, change or delete personal information Rehab maintains about you.
RIGHTS IF YOU ARE LOCATED IN THE EUROPEAN UNION
If you are accessing our Site and Rehab from the European Union, then you have certain rights in relation to your personal information which are set out below. If you would like further information in relation to these or would like to exercise any of them, please contact us by email using the details below at any time. You have the right to request that we:
1. provide access to any personal information we hold about you;
2. update any of your personal information which is out of date or incorrect;
3. delete any personal information which we are holding about you;
4. restrict the way that we process your personal information;
5. stop processing your personal information for direct-marketing purposes;
6. provide your personal information to a third party provider of services;
7. provide you with a copy of any personal information which we hold about you; or
8. consider any valid objections which you have to our use of your personal information.
We will consider all such requests and provide our response within a reasonable period (and in any event any time period required by applicable law). Please note, however, that certain personal information may be exempt from such requests in certain circumstances. If an exception applies, we will tell you this when responding to your request. We may request you provide us with information necessary to confirm your identity before responding to any request you make.
TRANSFERS OF PERSONAL INFORMATION
Rehab is based in the United States and therefore personal information collected from this Site and provided in connection with Rehab will be transferred to and processed in the United States, and may be transferred and processed to other countries outside of your country of residence. We may also transfer personal information to service providers or other third parties with whom we have contractual agreements. Other countries where your personal information may be processed may have different legal protections for personal information than your country of origin, including different standards for access by law enforcement, courts, or other governmental authorities.
Further details on the steps we take to protect your personal information in these cases is available from us on request by contacting us at any time.
YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine The Light” law permits California residents to annually request and obtain information free of charge about what personal information is disclosed to third parties for direct marketing purposes in the preceding calendar year. Rehab does not distribute your personal information to outside parties.
ACCESS BY CHILDREN OR MINORS
Our Site is not directed to children under the age of 13, and our Terms of Service prohibit minors from using our Site or Service. We do not knowingly collect any information from children under 13.
We take precautions to protect information that we collect from our Users. We protect the information entrusted to us by taking all reasonable precautions to safeguard the confidentiality of personal information, including through use of appropriate physical, technical and administrative safeguards and measures. These protections include restricting access to personal information to employees who need the information to perform a specific job. The RealReal provides its employees training on its security and privacy practices. Technical safeguards and measures include use of encryption, passwords for access to our systems and use of anti-virus software.
However, in the course of provision of your personal data to us, your personal information may be transferred over the internet. Although we make every effort to protect the personal information which you provide to us, no information security safeguards can be guaranteed to be completely secure, so you should use caution whenever providing personal information online, electronically or otherwise. Once we have received your personal information, we will use strict procedures and security features to prevent unauthorized access to it.
Where we have given you (or where you have chosen) a password which enables you to access your online account, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.