Terms of Service
If you have any questions about these Terms of Service, please contact us via email at email@example.com.
The following definitions apply in these Terms of Service:
- "dia.com" or "we" or "us" refers to our company, known as "Dia Styling Co", which also conducts business as "Dia&Co"; our Website; our Service; depending on the context in which the word is used;
- "Service" refers to the services that we provide through our Website, including our styling and apparel selections, the Box, and the Website itself;
- "Website" refers to our website, www.dia.com;
- "User" and "You" refer to anyone who uses our Website.
Although you can browse our Website to a limited extent without registering, in order to engage the services of a stylist and make a purchase, or interact with our Service, you must register an account. To register,
- You must be the minimum age required to enter into a contract in the area in which you reside and, in any event, must not be less than 14 years old.
- You must register using your real name.
- You must provide us with personal information, payment information, and other information that allows us to provide you with our Service.
4. Rules of Use
Your use of our Site is for your personal, non-commercial use only. You are responsible for:
- Maintaining the confidentiality of your account;
- Using your real name when using the dia.com site;
- All activities, acts or omissions that occur under your account, including orders and purchases;
- Notifying us if you become aware that your account is being used without your authorization;
- Authorizing us to charge your credit card or other payment method, which you do by providing your credit card information on our Website;
- Indemnifying us against any claims brought by other parties arising from your use of the dia.com Website, including information or content that you post to the dia.com Website.
- Infringe on anyone's intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Submit any content to the Site anonymously.
- Submit any comments, images, files or any other content unless you have full legal rights to do so;
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the Dia.com Site, Service, or its Users' computers.
5. Product Descriptions, Charges, Payment, Refunds, and Exchanges
Dia Styling Co attempts to be as accurate as possible. However, we do not warrant that the product descriptions on our Site are accurate, complete, reliable, current or error-free.
You tell us on your account page when you want us to ship a Box of items. WE DO NOT SEND YOU A BOX UNTIL YOU REQUEST US TO. The items in the Box are chosen by us, based on what you have told your stylist. You are charged a nonrefundable styling fee at the time we ship a Box to you. The amount of that fee is stated on the account page on our Website before you enter payment information.
When you request that we send you a Box, we will provide you with an anticipated shipping date. That is an estimated, not a guaranteed date, and the actual shipping date may vary in the ordinary course of business. When we provide you with an anticipated shipping date, we will also tell you whether you will have a period of time in which to cancel your order or change the shipping date, and if so how many days you will have to do so.
We do not guarantee that every item will meet your preferences or be to your satisfaction. That is why you have a five-calendar day “try-on” period after you receive your Box to evaluate the items in the Box. At the end of that “try-on” period, we ask that you rate the items from your Box in your online profile. Those that you do not want you must return. We will charge you for the items you keep, minus the styling fee. PLEASE NOTE THAT WE RESERVE THE RIGHT TO CHARGE YOU IF YOU KEEP ANY OR ALL OF THE ITEMS IN THE BOX PAST THE “TRY-ON” PERIOD REGARDLESS OF WHETHER YOU RATE THEM OR NOT. Items returned unworn and in their original condition within the time specified are not charged. Dia Styling Co reserves the right to make a reduced refund, or no refund, if items are returned late or not in their original condition.
Our checkout page explains how you make payments. Because each Box may contain a variety of differently priced items and part of the Dia Styling Co experience is the surprise that you experience when opening the Box, we do not generally disclose the prices of the items in the Box before it is shipped. You will see the prices as you review the items during the “try-on” period. If you purchase any of the items shipped to you in the Box, we will credit the styling fee to your payment.
You may ask to exchange an item for one of a different size by including it in the prepaid return envelope and noting in your account that you wish to exchange it. Unfortunately, although we try to fulfill exchange requests, we do not guarantee that we will always be able to do so.
You return items by placing them in the prepaid envelope included with your Box, and mailing them with the United States Postal Service. Dia Styling Co does not take title to returned items until the item arrives at our offices.
6. Shipping & Sales Taxes
Dia.com currently offers free shipping. The Box and its contents are deemed accepted by you at the time that we convey them to a common carrier. For New York and New Jersey residents, sales tax applies.
7. Intellectual Property
The dia.com Website is protected by U.S. and international copyright laws. You may not copy, distribute, upload, transmit, sell, display, disseminate, reproduce or use for commercial purposes any of the copyrighted information (including without limitation content, images, or trade dress) on our Website without receiving our prior written permission.
Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the dia.com Website. This license does not include any resale or commercial use of the dia.com Website or its contents, any collection and use of any product stylings or listings, descriptions, or prices; any derivative use of dia.com or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools.
When you post a comment, upload a photograph, rate an item, or otherwise interact with the dia.com Website, you by doing so grant us a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute that comment, rating or interaction on our Website or in other media.
All trademarks, logos, other marks, and trade dress pertaining to our Website and products are our property or belong to their respective owners. You may not use any such trademarks, logos, other marks or trade dress without our prior written consent or the consent of the owner, if not us.
8. Copyright & Trademark Infringement
Pursuant to the Digital Millennium Copyright Act (“DMCA”), if you believe that matter on our Website has infringed your copyright, please provide the following information in writing to our Copyright Agent at firstname.lastname@example.org or 175 Varick Street, 7th Floor, New York, NY 10014 (see 17 U.S.C. Section 512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject of infringing activity and information sufficient to permit us to locate the material.
- your address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or submitted to our dia.com Website and that were subsequently removed, or to which access was disabled, were improperly removed or disabled, please provide the following Counter-Notification to our Copyright Agent (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Only DMCA notices should be sent to our Copyright Agent. For other comments or questions regarding the Site, please contact us at email@example.com or (855) 631-3513.
9. Representations, Warranties, and Limitation of Liability
THE DIA.COM WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE DIA.COM WEBSITE; FROM ANY INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIA.COM WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES; IN CONNECTION WITH OUR USE OF ANY CONTENT THAT YOU POST TO OUR WEBSITE; OR IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
UNLESS OTHERWISE SPECIFIED IN WRITING. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY CAUSED BY PRODUCTS, OR FOR OUR GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR FRAUD.
IF YOU POST ANY CONTENT, IMAGES, COMMENTS, PHOTOGRAPHS OR OTHER CONTENT TO OUR WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO DO SO, AND WILL INDEMNIFY US AGAINST ALL LEGAL CLAIMS FROM ANY OTHER ENTITY.
10. Links To Websites Operated By Others
Our Website may contain links to other websites that are not owned or operated by us. We provide such links solely for your convenience and for no other purpose. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any such site or its content, products, or services. Those websites have their own terms or conditions of use that may differ substantially from ours. Please review the terms or conditions for each site you visit through such links.
11. Applicable Laws
These Terms and Conditions shall in all respects be governed by the laws of the state of New York, regardless of the laws that might be applicable under principles of conflicts of law.
12. DISPUTE RESOLUTION; INFORMAL RESOLUTION AND FORMAL RESOLUTION BY ARBITRATION/CLASS ACTION WAIVER
Any legal or equitable claim relating to your use of dia.com Website or the use or purchase of any products from Dia Styling Co (referred to as a "Claim") will be resolved by binding arbitration conducted under the Federal Arbitration Act, rather than in court, except that you or we may assert claims in small claims court if eligible.
Any arbitration will be conducted by the American Arbitration Association under its rules, including its Supplementary Procedures for Consumer- Related Disputes. The AAA's rules are available at www.adr.org or by calling the AAA at 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 $2,000 unless the arbitrator determines the claims are frivolous. Likewise, Dia Styling Co 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 New York City or at another mutually agreed location.
If you or we seek arbitration of a dispute, the arbitration action must be initiated and/or demanded within the statute of limitations and within any applicable deadline imposed under the AAA Rules. 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 these Terms of Service as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: 175 Varick Street, 7th Floor New York, NY 10014
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
Notwithstanding the foregoing, either you or we may bring an individual action in small claims court. Furthermore, either you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
13. Severability & Non-Waiver
In the event that a provision of these Terms of Service is found to be unlawful or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. This arbitration agreement will remain in effect even if you cancel your registration and account with us.
Dia Styling Co reserves all rights under these Terms of Service as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms of Service or any applicable law should not be construed as our waiver of the right to enforce that same provision at any time in the future.
14. REFERRAL PROGRAM
Our Service may offer you opportunities to earn a referral credit. The details of what how you might do so are explained on our Website. Any referral credits will be applied automatically to your account, and are not convertible into cash. If you cancel your registration without using your credits, they are forfeited.
15. EXCLUSIONS AND LIMITATIONS; CONSUMER PROTECTION NOTICE
For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
A. New Jersey Residents
If you are a New Jersey consumer, the terms of Sections 9, 12, and 13 do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Service are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
B. California Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Dia Styling Co must be addressed to our agent for notice and sent via certified mail to that agent. For our agent's most current contact information, please send a request to firstname.lastname@example.org.
California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Effective Date: November 11, 2016