Frances Valentine Mobile Message Program Terms and Conditions

Last updated: 6th August 2026

The Frances Valentine mobile message program (the "Program") is operated by Frances Valentine, LLC. (“Frances Valentine”, “we”, or “us”). Your use of the Program constitutes your agreement to these terms and conditions (“Mobile Terms of Service”) and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may modify or cancel the Program or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms of Service at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

User Opt In

The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrolment forms. By consenting to Frances Valentine’s SMS/text messaging Program, 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. Text messages may be sent using an automatic telephone dialing system or other technology. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialler, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialler”). 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.

User Opt Out

You may opt-out of the Program at any time. Reply the single keyword command STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) or click the unsubscribe link (where available) in any text message to opt out of the Program. 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.

You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT (or if French speaking - ARRET, DESABONNER, ANNULER, or FIN) keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Frances Valentine and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

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 Program support or assistance, reply HELP or help@francesvalentine.com.

We may change any short code or telephone number we use to operate the Program 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.

Program Description:

Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Apparel, handbags, shoes and jewelry, expertly crafted with heart & soul. . Messages may include checkout reminders.

Cost and Frequency:

Message and data rates may apply. We do not charge for the Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. 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.

Message frequency varies. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Our Disclaimer of Warranty:

The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program.

Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. The wireless carriers supported by the Program 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 Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Program.

Participant Requirements:

You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction:

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content:

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
• Any sensitive or special category personal data including racial or ethnic origin data, political opinions data, religious or philosophical belief data, trade union membership data, genetic or biometric data (for the purpose of uniquely identifying a natural person), health data and sex life or sexual orientation data
• Any personal data of people aged under 18 without parental consent.
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution (SMS recipients in the USA only): In the event that there is a dispute, claim, or controversy between you and Us, or between you and Klaviyo_oauth or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in New York, New York before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Frances Valentine's principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.

THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

State Law:

Florida: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

Washington: To the extent the law is relevant and applicable to the Program, we endeavor to comply with the commercial telephone solicitation requirements pursuant to the Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040, 19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you agree that we may assume that you are a Washington resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is a Washington area code.

Oklahoma: We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022 as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume that you are an Oklahoma resident if, at the time of opt-in to the Program, the area code for the phone number used to opt-into the Program is an Oklahoma area code. You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you, and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by sending written notice to Us. Insofar as you are an Oklahoma resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2, 775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.

Miscellaneous:

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy. We may share certain information with our service providers, including Klaviyo_oauth, as described in our Privacy Policy

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.

We may receive personal information from third parties.

MOBILE TERMS OF SERVICE

To learn more, click here. 

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 Email: inquiries@francesvalentine.com

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.