INTRODUCTION

This website (“Website”) is operated by Frances Valentine LLC (“we”, “our”, or “us”). This Privacy and Usage Policy, applies to personal information that we collect about you in the United States, including but not limited to data collection through our Website. Neither your name nor anything about you is sold or shared with any other non-affiliated company or agency, except that we may share your information under certain circumstances with outside consultants or companies, but only for the purpose of enabling those consultants or companies to help this site function or assist us in our business. This Privacy Policy only covers information collected through this Website, and does not cover any information collected offline by us, including information collected by our 3rd Party Wholesale Retail partners.

This policy describes the Personal Information we collect about you, why we collect it, how we use it and when we share it with third parties. Our policy also describes the choices you can make about how we collect and use certain information. We reserve the right to change our policy at any time and without advance notice. If our information practices change, we will post an updated policy on our Website. You can tell if the Privacy and Usage Policy has changed by checking the revision date that appears on this policy. We shall not apply changes in our policy retroactively to information collected from you under a prior policy if, in the reasonable exercise of our discretion, we determine that the changes substantively affect your rights, unless we have given you notice of the changes of the policy. We will provide this notice to you by email if we have a current email address for you and/or otherwise by posting notice of the change on our Website.

We use commercially reasonable efforts to protect your Personal Information from disclosure or unauthorized access. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished if you are using a shared computer. We are not liable for disclosure of data due to errors in transmission, unauthorized access or acts by third parties, or omissions or acts beyond our reasonable control. We do not guarantee that your Personal Information or Non-Personally Identifiable Information (as those terms are defined below) may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

TYPES OF INFORMATION COLLECTED

We will collect two types of information from you: information that specifically identifies you (“Personal Information”) and information that does not identify you as a person (“Non-Personally Identifiable Information”).

PERSONAL INFORMATION

We may receive personal information from third parties

We sometimes ask you for certain kinds of Personal Information to provide the services you request. This information includes:

• Shopping: We may ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship the items to you. If you elect to be added to the Frances Valentine newsletter/marketing list, we may use your contact information to communicate with you about our products, services, surveys and promotions.

• My Account: You have the opportunity to create a personal shopping account with Frances Valentine, which allows you to shop faster and easier. Using a user name (your email address) and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize Frances Valentine to store your name and email address. Should you elect to do so, you may also include in your “My Account” your telephone number, birthday month and day, and shipping, billing addresses. If you choose to include such additional information then you are also authorizing Frances Valentine to store such information accordingly. Each of these options is for your convenience only. If you ever use a public computer to visit the ‘My Account’ section of our Website we strongly encourage you to log out at the conclusion of your session.

When you create an account with Frances Valentine, you will be given the option to be added to the Frances Valentine newsletter-marketing list.

• Email List: You may also sign up on the Website to receive promotional emails from Frances Valentine. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences. Subscriptions to the email list can be cancelled at any time.

• Removal from Lists: To be removed from our marketing list, please email us at help@francesvalentine.com. You may also click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send to you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

• Customer Care: If you call or email with our Customer Care department, we may ask for information such as your name, email address, mailing address, telephone number, and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. Frances Valentine does not store your credit card information.

• Surveys, Sweepstakes and Promotions: On this Website, you may be able to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number, and interests or product preferences. This Personal Information is used to enter into our contests, sweepstakes and promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.

• Email to a Friend: You may be able to share certain content from this Website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number. We will not include any other advertisements within the message sent your friends, and we will not collect the emails of any friends to who you share content unless such friends choose to be added to our email list.

NON-PERSONALLY IDENTIFIABLE INFORMATION

Cookies
Several of our functions may use cookies. A cookie is a small piece of information sent by a website that is saved on your hard drive by your computer’s browser. Cookies help us remember when you return to our Website. Cookies also hold information a site may need to personalize/enhance your experience and to gather Website statistical data, such as which pages are visited, what is included in your shopping cart, the Internet provider’s domain name and the addresses of the sites visited immediately before coming to and immediately after leaving www.francesvalentine.com. However, none of this information is associated with you as an individual. It is measured anonymously and only in the aggregate. The information in the cookies lets us trace your ‘clickstream’ activity (i.e. the paths taken by visitors to our site as they move from page to page). This enables us to better serve our customers by revealing which portions of our site are most popular. Cookies contain absolutely no Personal Information. Frances Valentine uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.

Through cookies, we may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our Website. You may refuse to accept cookies by activating the setting on your browser, which allows you to refuse the setting of cookies. However, if you selected this setting you may be unable to access certain parts of the Website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you long on to our Website. Additionally, if a browser is set to issue a ‘do not track’ signal, we do not place tracking cookies on this browser.

Pixel Tags
We also use “pixel tags” (sometimes called “Internet tags”, “web beacons” or “clear GIFS”), which are tiny graphic images, on our Website. Pixel tags help us analyze our customers’ online behavior and measure the effectiveness of our Website and our advertising. We work with service providers that help us track, collect, and analyze this information.

Pixel tags on our Website may be used to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your device’s IP address, your browser type, your operating system, date and time information, and other technical information about your device. We may also track certain information about the identity of the website you visited immediately before coming to our site. We do not otherwise track any information about your use of other websites.

Pixel tags and cookies in our emails may be used to track your interactions with those messages, such as when you receive, open or click a link in an email message from us.

We also work with business partners that use tracking technologies to deliver advertisements on our behalf across the internet. These companies may collect information about your visits to our Website, and your interaction with our advertising and other communications.

We may combine the information we collect through cookies and pixel tags with other information we have collected from you. This information may be used to improve our Website, to personalize your online experience, to help us deliver information to you, to determine the effectiveness of our advertising, and for other internal business purposes.

Other Analytical Tools
We may also use various analytical tools in connection with the Website to collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website. This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, your device, date and time information, and other technical information about your computer, tablet or mobile device. We may also track certain information about the identity of the web site you visited immediately before coming to the Website. This information is collected anonymously, and none of this information is identified with you as an individual or contains any Personal Information.

USE OF YOUR PERSONAL INFORMATION

We may use your personal information in the following ways:

• To process and fulfill your order, including sending you emails to confirm your order status and shipment;
• To communicate with you and to send you information by email, postal mail, telephone, text message, or other means about our products, services, contests, and promotions, unless you direct us not to contact you with promotional communications;
• To administer and fulfill our contests and other promotions;
• To help us learn more about your shopping preferences;
• To help us address problems with and improve our site design, products and services;
• To enhance your shopping experience through our Website;
• To analyze trends, usage, activities and statistics;
• Link or combine with information we get from others to help understand your needs and provide you with better service;
• To protect the security or integrity of our Website and our business; and/or
• To contact you if necessary.
• The above excludes text messaging originator opt-in data and consent; this information will not be shared with any third partiesWe are based in the United States and the information we collect is governed by U.S. law. By accessing or using our websites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

OTHERS WITH WHOM WE MAY SHARE YOUR PERSONAL INFORMATION

AFFILIATED COMPANIES AND SERVICE PROVIDERS

We may share your personal information in the following ways:

• We may share your information with third parties including our agents, service providers, and consultants as needed for them to provide business-related services to us. Such third parties may manage our customer information and perform services on our behalf, such as website hosting, payment processing, order fulfillment, fraud monitoring, identity verification, processing credit card payments, email or mail delivery and administration, promotion fulfillment, surveys or data analysis, etc. We ask third parties with whom we share your information to confirm that their privacy practices are consistent with ours and applicable law and we provide them with only the information they need in order to perform their services for us.
• We may share your information or combine your information with publicly available information when we team up with other promotional partners to jointly offer or provide products, services, contests, or promotions to our customers, or otherwise to enhance and personalize your shopping experience.
• We may work with third-party companies that use their tracking technologies (including cookies and pixel tags) on our Website in order to provide tailored advertisements on our behalf. These companies may collect information about your activity on our site and your interaction with our advertising and other communications, may use this information to determine which ads you see on third-party websites and applications, and may also be used to track your activity across multiple devices.
• From time to time we may share, exchange and/or cross-reference our postal mailing list with selected providers of goods and services that may be of interest to you. If you prefer not to receive mailings from these providers, you can notify us at any time by contacting us by telephone, (888) 271-9280 or emailing us at help@francesvalentine.com. You will need to provide your full name and mailing address to be added to our DO NOT MAIL list.
• We may share your information to comply with laws or regulations or in response to a valid subpoena, order, or government request, or to protect your rights, the rights of Frances Valentine and others.
• We may share your personal information with third-party marketing partners for commercial or advertising purposes

COMPLIANCE WITH LAW

We may provide access to your Personal Information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Website, to limit our legal liability and protect our rights, and to protect the rights, property or safety of visitors to this Website and the public.

TRANSFER OF ASSETS

In addition, if we go through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred and will be disclosed during the process of negotiating such business transition, pursuant to a suitable confidentiality order.

You may request to have your electronic mail address kept confidential, by notifying us in writing or by email, to the following address: Frances Valentine LLC, 80 W 40th St, New York, NY 10018, USA Attn: Customer Care or by email to: help@francesvalentine.com. Please allow 30 days for a response.

LINKS TO OTHER SITES:

While visiting our Website, you may link to sites operated by third parties or you may have come to our Website by clicking on a link in another website. This does not mean that we endorse these websites or the goods or services advertised or offered on those websites. We do not make any representations or warranties about any third-party website that you may access through our Website. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other websites. If you provide Personal Information at one of those other websites, you are subject to the privacy policy of the operator of that website, not the Frances Valentine Privacy and Usage Policy. Please make sure you understand the other website’s privacy policy before providing any personal information.

SECURITY:

Frances Valentine uses commercially reasonable measures to keep your financial information private and safe. We take appropriate physical, electronic and administrative steps to maintain the security and accuracy of personally identifiable information we collect, including limiting the number of people who have physical access to our database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to never send your credit card number via email. Please note that email is not encrypted and is not considered to be a secure means of transmitting credit card information.

We use what we consider to be industry standard security technology in transferring information to process your orders. All credit card transactions should take place in a protected area of our Website, which is designed to reduce the risk of any loss, misuse or alteration of the information collected. When you have finished shopping and begin the checkout process, you should move into the protected area of our Website. Once you’ve entered, the page address 9URL) should change from http to https. You should remain in the secure zone for the entire checkout process. Please check that you are still in this protected area when you type in your credit card details.

Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use commercially reasonable means to ensure the security of information you transmit to us, we cannot guarantee that third parties will not intercept such information. We may, however, prosecute any unauthorized or fraudulent transactions to the fullest extent permitted by law.

“SPOOFING” AND “PHISHING”

A common Internet scam is known as ‘spoofing’ or ‘phishing’. This occurs when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that we will NEVER send you an email requesting you to verify credit card, bank information, or any other personal information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at help@francesvalentine.com, as we will investigate all instances of possible Internet fraud

CHILDREN’S PRIVACY

Our Website is not meant for children, and we do not knowingly collect any personal information from children under the age of thirteen. We will remove from our files any personal information of anyone we discover to be under thirteen years old. Our online contests or sweepstakes are restricted to entrants who are at least 18 years old or the age of majority in the jurisdiction where they are located, whichever is greater.

YOUR PRIVACY RIGHTS

YOUR CONSENT

You acknowledge that this Privacy and Usage Policy is part of the Terms of Use and you agree (1) that using our Website signifies your assent Frances Valentine’s Privacy and Usage Policy and related terms of use provided herein; (2) that such policy is subject to all applicable laws; and (3) your use is undertaken at your own risk. We reserve the right to change the Frances Valentine Privacy and Usage Policy at any time, without advance notice. If we decide to change our Privacy Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it.

HOW TO CONTACT US

If you have any questions about your privacy or security on our Website, please contact us at help@francesvalentine.com. 

 

TERMS OF USE

February 22, 2016

Please read the following terms and conditions (the “Terms of Use”) carefully before using this website (the “Website”). These Terms of Use set forth the legally binding terms and conditions for your use of the Website and for the services offered and business conducted by Frances Valentine, LLC (the “Company”, “we”, “our”, or “us”) on the Website (the “Services”). By accessing the Website, you agree to be bound by these Terms of Use, as they may be amended from time to time in accordance with the terms provided below. If you do not agree with these Terms of Use, you may not use the Website. We recommend that you keep a printed copy of these Terms of Use for future reference.

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Frances Valentine Privacy Policy available on the Website, and all other operating rules, policies, and procedures that may be published on the Website by the Company (including the Customer Care policy), which are incorporated by reference and may be updated by the Company without notice. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

MODIFICATION OF TERMS OF USE

The Company reserves the right, in its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason and without prior notice. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

REGISTRATION

You may view the Website without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a password and/or screen name (“User ID”). If you open an account, register, purchase products or provide any information to the Company, you agree to provide accurate, complete, and updated information as requested. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use a User ID or password that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. The Company reserves the right in its sole discretion to refuse registration of or cancel a User ID or password. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You will immediately notify the Company in writing of any unauthorized use of your account, or other known account-related security breach. By providing Frances Valentine your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including changes to features of the Website, special offers, and confirmations and information regarding purchases.

INTELLECTUAL PROPERTY OWNERSHIP & USE

You agree that Frances Valentine owns and shall own all right, title and interest, throughout the world, in and to the Website and Service, and all copyrights, trade secrets, trademarks, service marks, trade dress rights, patent and invention rights, and other intellectual property rights associated therewith. Please be aware that as you visit and navigate this Website your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

For international Website users: This Website is hosted in the United States and is intended for and directed to users in the United States. By using this Website you are subjecting yourself to the laws and jurisdiction of the United States.

TRADEMARKS

You may not use any of the Frances Valentine trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Frances Valentine name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Frances Valentine’s products, services, and programs. Any other trademarks that appear on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates. References to the person Kate Spade (also known as Katherine Brosnahan, Katherine Brosnahan Spade and Kate Valentine), who is one of the Founders of the Company, are not to be confused with and are not in reference to the products, services and trademarks of Kate Spade & Co. or any of its affiliates.

COPYRIGHT

All text, graphics, photographs, logos, button icons images, audio clips, digital downloads, and data compilations appearing on the Website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Frances Valentine and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.

NON-CONFIDENTIAL INFORMATION

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.

ERRORS & INACCURACIES

We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

SHIPMENT OF ORDER

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on francesvalentine.com. All purchases from francesvalentine.com are made pursuant to the terms and conditions found on this Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

GENERAL RULES OF CONDUCT

As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website.

You shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) use any network monitoring or discovery software to determine the Website’s architecture, or to extract information about usage or users; (iv) harvest or collect User IDs or any Personal Information (as that term is defined in the Privacy Policy) about our Users; (v) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (vi) use any Company-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to the benefit of Frances Valentine; (vii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (viii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction and/or to the extent any such source code is open source; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
The Company does not guarantee that any content or services will be made available through the Website. The Company has no obligation to monitor the Website. The Company reserves the right to, at any time, for any reason, and without notice, to remove or block any content, including, but not limited to, any content you may submit, to the Website. Frances Valentine reserves the right not to comment on the reasons for any of these actions.

THIRD PARTY SITES AND MOBILE SERVICES

The Website may permit you to link to other websites or resources on the internet, and other websites or resources may contain links to the Website. When you access third-party websites, you do so at your own risk. Those other websites are not under the Company’s control, and you acknowledge that the Company is not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. The inclusion on another website of any link to the Website does not imply endorsement by or affiliation with the Company. You further acknowledge and agree that the Company shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource.

You may enable various online services, such as social networking sites, to be directly integrated into your use of the Website. To take advantage of these features, we may ask you to register for or log into the services on the websites of their respective providers. By enabling third party services within the Website, you are allowing us to pass your log-in information to these service providers for this purpose. For more information about the implications of activating these third party services and Frances Valentine’s use, storage and disclosure of information related to you and your use of such services within the Website, please see our Privacy Policy. However, please remember that the manner in which third party services use, store and disclose your information is governed solely by the policies of such third parties, and Frances Valentine will have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within or through the Website.

The Website may include certain services that are available via a mobile device, including (i) the ability to browse the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the ”Mobile Services“). To the extent you access the Website or Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to us.

COPYRIGHT NOTIFICATIONS

Frances Valentine will remove infringing materials in accordance with the DMCA if properly notified that content on the Website infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify Frances Valentine’ Copyright Agent in writing. Your notice must contain the following information (please confirm these requirements with your legal counsel, or see the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website, sufficient for Frances Valentine to locate the material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If you fail to comply with these notice requirements, your notification may not be valid.

Our designated copyright agent for notice of alleged copyright infringement is:
Frances Valentine, LLC.
Attn: Copyright Agent
80 West 40th Street, Suite 80
New York, NY 10018

DISCLAIMER OF LIABILITY

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE, ITS CONTENT, OR THE INFORMATION AVAILABLE ON OR THROUGH IT; THEY ARE PROVIDED “AS IS”, WITH ALL FAULTS. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THIS WEBSITE OR ANY OTHER SITE LINKED TO IT. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF WE ARE NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CONSENT TO ELECTRONIC DELIVERY OF NOTICES

By using the Website, you consent to receive from Frances Valentine all communications including notices, agreements, legally required disclosures, or other information in connection with the Website (collectively, “Contract Notices”) electronically. Frances Valentine may provide the electronic Contract Notices by posting them on the Website. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Website.

APPLICABLE LAW AND VENUE

By visiting our Website, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. You agree that the Company and its Services are deemed a passive website that does not give rise to personal jurisdiction over Frances Valentine or its parents, subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders, either specific or general, in any jurisdiction other than the State of New York. You agree that any action at law or in equity arising out of or relating to these terms, or your use or non-use of the Website, shall be filed only in the state or federal courts located in New York County in the State of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

INTEGRATION AND SEVERABILITY

These Terms of Use and other referenced materials are the entire agreement between you and the Company with respect to the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Company with respect to the Website and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

SMS MESSAGING

The Frances Valentine mobile message service (the "Service") is operated by Frances Valentine (“Frances Valentine”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Frances Valentine’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Frances Valentine through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Frances Valentine. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 38144 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Frances Valentine mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 38144 or email fgilardoni@francesvalentine.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.