SARI CLOSET, LLC TERMS OF SERVICE
Last Modified on September 15, 2011
PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT.
Welcome to the saricloset.com website (the “Site”). This Terms of Service (this “ToS”) describes the terms and conditions applicable to your access and use of the Site and the services provided through the Site (collectively, the “Service”). This ToS sets forth the terms and conditions under which Sari Closet, LLC (“Sari Closet,” “we,” or “us”) provides you access to the Site and the Service.
Sari Closet may amend this ToS at any time by posting the amended Terms of Service on the Site and you agree that you will be bound by any changes to this ToS. For your convenience, the date of last revision is included at the top of this page. Sari Closet may make changes to the Site and/or the Service at any time. You understand that Sari Closet may discontinue or restrict your use of the Site and/or Service for any reason or no reason with or without notice.
YOUR USE OF THE SITE AND/OR THE SERVICE SIGNIFIES THAT YOU AGREE TO THIS TOS AND CONSTITUTES YOUR BINDING ACCEPTANCE OF THIS TOS, INCLUDING ANY MODIFICATIONS THAT SARI CLOSET MAKES FROM TIME TO TIME.
2. ToS Updates. Sari Closet will revise this ToS as the Site and/or Service evolves. The next time you use the Service after such an update, you may be prompted to agree to or decline the revised ToS. You must agree to all revisions if you choose to continue using the Site and/or Service. By using the Site and/or Service, you agree to the then-current version of this ToS as posted on the Site here. If at any point you do not agree to any portion of the then-current version of this ToS, you must immediately stop using the Site and/or Service.
3. Termination of Service. Sari Closet reserves the right to deny service to any user at Sari Closet’s sole and absolute discretion. The Service is offered with the understanding that Sari Closet may terminate any Account registered to you and/or your access to the Service at any time, for any reason or no reason, including without limitation for any violation the ToS. Sari Closet may stop offering and/or supporting the Service at any time.
4. Accounts and Security.
4.1. Eligibility. You represent that you are an adult and have the legal capacity to enter a contract in the jurisdiction where you reside.
4.2. Account. To access certain aspects of the Service, you must create an account (an “Account”) by completing the registration process. You must complete the registration process by providing current, complete and accurate information (including your email address and home address) when prompted. If your contact information changes, you agree that you will promptly update the Account information to reflect those changes.
4.3. Account Security. Maintaining account security is very important. You are entirely responsible for maintaining the confidentiality of your Account username and password. You agree to notify Sari Closet immediately if you believe that an Account username and/or password have been compromised.
4.4. Cancellation by You. You have the right to cancel any Account registered to you at any time. You may cancel any Account registered to you by following the instructions on the Site.
4.5. Effect of Account Termination or Cancellation. If you voluntarily terminate an Account or allow that Account to lapse, you may reactivate that Account at any time through the account interface on the Site. Accounts terminated by Sari Closet for any type of abuse, including without limitation a violation of these ToS, may not be reactivated for any reason.
4.6. Account Suspension. Sari Closet reserves the right to reduce, liquidate, deactivate, suspend or terminate your Account or access thereto if Sari Closet suspects, after investigation, that you have used any aspect of the Service to conduct any fraudulent or illegal activity.
5. Rentals and Purchases; Replacements and Refunds.
5.1. Rentals and Purchases. You may rent or purchase certain products through the Services provided you have given us valid credit card or other payment information. You acknowledge and agree that all information you provide with regards to a rental or purchase, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice, to discontinue or limit the available quantity of any product, rental or service, to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; or to refuse to allow any user to purchase a product or service or deliver any product, rental or service to a user. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account you registered. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or Service rendered by, Sari Closet, your Account may be closed without warning or notice at the sole discretion of Sari Closet.
5.2. Rental Period; Rental Fees; Rental Responsibility. You may rent certain products available through the Services for a period of seven (7) days for each rental. Fees charged for the rental of products include the rental fee, insurance charges and delivery charges in connection with your rental. When you rent a product, you authorize Sari Closet to charge your credit card or other payment method for the full original retail value of the product rented, as that price is set forth on the Site, plus any applicable taxes (the “Full Value”). You are responsible for loss, destruction or damage to the products you rent due to theft, disappearance, fire, damage or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, rips, missing beads, stuck zippers or other minor damage covered by insurance you purchased as part of the rental fee. You agree that we may charge you for the price for repairing or replacing any product rented by you, as determined in our discretion, up to the Full Value of such product, for products you return in damaged condition beyond normal wear and tear. You may rent a product for your minor child, however, you acknowledge and agree that you are solely responsible for the product that you rent, regardless if any damage to your rented product is caused by you, your child or someone else.
5.3. Rental Returns and Extensions. You agree to return products you rent to us on the return date set forth in your order. To return an order, place the order in the return packaging provided to you and deposit the return packaging with the order at your local U.S. Postal Service mailbox by 12 p.m on or before the date that your rented product is due. If you return your rented product late or not at all, we will charge you, and you agree to pay, in addition to the rental fee already charged to you, a late fee of five percent (5%) of the Full Value for every day we do not receive the rented product, up to 100% of the rented product’s Full Value. If you lose the return packaging we provided to you, you will be responsible for returning the rented product at your own expense by the expected return date, and providing us with a tracking number. You may provide tracking numbers by accessing your Account or sending the tracking number to firstname.lastname@example.org.
5.4. Rental Cancellation Policy. You may cancel a rental order at least seven (7) days prior to the requested delivery date in your order to receive a refund. You may not cancel an order less than seven (7) days prior to the requested delivery date in your order.
5.5. Payment of Full Value. If we charge you the Full Value of a product you rented due to your violation of this Section 5, and you are in possession of the applicable rented product, that product is yours to keep though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Full Value pursuant to this Section 5.
5.6. Changes to Products, Pricing and Services. Sari Closet may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any products or services offered or sold through the Service. The inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. Sari Closet may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in these ToS or elsewhere on the Site.
5.7. Shipment of Products. Title and risk of loss for any purchases pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Unless as a result of events outside of our direct control, orders of products purchased or rented by you through the Services will be delivered within the time period specified for the delivery method you have selected.
5.8. Refunds. Should you be dissatisfied with the quality of a product that you receive, we may provide you with a refund of the price of the product or product rental, provided you request your refund either by phone at (310) 987-7219 or email at email@example.com subject to the following: (i) for purchased products, you must request your refund within thirty (30) days from the date of purchase, and (ii) for rented products, you must request your refund within one (1) day from the date of delivery of the rental. Once we confirm we have received your request for a refund, you must return the applicable product to us, in the case of a rental, using the return packaging provided within one (1) business day from the date of delivery, or in the case of a purchase, to Sari Closet LLC, P.O. Box 1639, Los Altos CA 94023. Provided that you have complied with the foregoing, you are not otherwise in violation of these ToS and we have received the applicable product, we will provide a full refund of the purchase or rental price, less any shipping costs already charged to you. Prior to returning any products to us, we may ask you to complete a return form which we would provide to you.
WE DO NOT ISSUE ANY REFUNDS THAT ARE REQUESTED AFTER THE DATES SET FORTH IN THIS SECTION 5.8.
6. Restrictions and Conditions of Use.
6.1. Use of Site and Service. Sari Closet permits you to view and use a single copy of the Site for your personal, non-commercial use. You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from the Site and/or Service.
6.2. No Violation of Laws. You agree that you will not, in connection with your use of the Site or the Service or your purchase or rental of any products or services through any of the foregoing, violate any applicable law, rule or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
6.3. Misuse of Site and/or Service. You may not connect to or use the Site and/or Service in any way not expressly permitted by this ToS. Without limiting the foregoing, you agree that you will not (a) institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or Service or otherwise attempt to disrupt the Site and/or Service or any other person’s use of the Site and/or Service; or (b) attempt to gain unauthorized access to the Site, Service, Accounts registered to other users, or the computer systems or networks connected to the Site and/or Service. Furthermore, you may not use the Site or Service to develop, generate, transmit, publish, display or store any information or Content (defined below) that: (i) is defamatory, harmful, abusive, obscene or hateful; (ii) in any way obstructs or otherwise interferes with the normal performance of another person’s use of the Site and/or Service, (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person’s identity (whether a real identity or online nickname or alias).
6.4. No Commercial Uses. You agree that you will not use the Site or the Service for any commercial purpose or the benefit of any third party or charge any person, or receive any compensation for, the use of the Site or Service.
6.5. No Data Mining or Harmful Code. You agree that you will not (i) obtain or attempt to obtain any information from the Service, including without limitation information about other users, using any method not expressly permitted by Sari Closet; (ii) intercept, examine or otherwise observe any proprietary communications protocol used by the Service, whether through the use of a network analyzer, packet sniffer or other device; (iii) use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
7. User Content.
7.1. Content. “Content” means any communications, text, and all other material and information that you post or transmit through the Site and/or Service, or that other users post or transmit, including without limitation any forum postings on the Site or Service. You hereby grant to us and our licensors, including without limitation our respective successors and assigns, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such Content as well as all modified and derivative works thereof, without compensation to you solely in and in connection with the Service (including, without limitation, promotion of the Service). None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content. You agree that you may not post or otherwise transmit on or through the Site and/or Service any Content that is subject to any third-party rights.
7.2. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor (including without limitation forum postings), and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We do not assume any responsibility or liability for Content that is generated by users of the Site and/or Service. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content. We also reserve the right, at all times and in our sole discretion, to disclose any Content (including without limitation forum postings) for any reason, including without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request; (ii) to enforce the terms of this ToS or any other agreement; (iii) to protect our legal rights and remedies; (iv) where we feel someone’s health or safety may be threatened; or (v) to report a crime or other offensive behavior.
8. Ownership. As between you and Sari Closet and/or its licensors, Sari Closet and/or its licensors own the Site, the Service and Accounts. You agree that you will not create any work of authorship or create any derivative works based on the Site or the Service. Any reproduction or redistribution of the Site or use of the Service not in accordance with this ToS is expressly prohibited by law, and may result in severe civil and criminal penalties.
9.1. Links from the Site. The Site may contain links to websites operated by other parties. Sari Closet provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Sari Closet, and Sari Closet is not responsible for the content available on the other sites. Such links do not imply Sari Closet’s endorsement of information or material on any other site and Sari Closet disclaims all liability with regard to your access to and use of such linked websites.
9.2. Links to the Site. Unless otherwise set forth in a written agreement between you and Sari Closet, you must adhere to Sari Closet’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Sari Closet’s and/or its licensors’ names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Sari Closet, (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site, and (iv) Sari Closet reserves the right to revoke its consent to the link at any time and in its sole discretion.
10. Notice for Claims of Copyright Infringement.
If you are a copyright owner or agent thereof and believe that content posted on the Site by a Sari Closet user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
(b) a description of the copyrighted work that you claim has been infringed;
(c) the URL of the location on our website containing the material that you claim is infringing;
(d) your address, telephone number, and email address;
(e) 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
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent can be reached by mail at: Sari Closet, LLC, P.O. Box 1639, Los Altos CA 94023 ATTN: Sari Closet, LLC Copyright Agent or by email at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
11. Intellectual Property.
11.1. Trademarks. Sari Closet and the Sari Closet logo are trademarks/service marks of Sari Closet. Unauthorized use of any Sari Closet trademark, service mark or logo may be a violation of federal and state trademark laws.
11.2. Copyright. The Site is protected by U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site or individual sections of the content, design or layout of the Site without Sari Closet’s express prior written permission.
The Site and the Service are operated by Sari Closet in the United States. Those who choose to access the Site, and/or the Service from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
The Site and the Service are not directed toward children under 13 years of age nor does Sari Closet knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Sari Closet.
14. DISCLAIMER OF WARRANTIES.
THE SITE AND SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. SARI CLOSET MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE AND/OR SERVICE IS AT YOUR SOLE RISK. SARI CLOSET DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimer may not apply to you.
15. LIMITATION OF LIABILITY; SOLE AND EXCLUSIVE REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SARI CLOSET, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR SERVICE, EVEN IF SARI CLOSET AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF SARI CLOSET OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Sari Closet and its affiliates shall be limited to the fullest extent permitted by law.
16. Indemnification. You agree to indemnify, defend and hold Sari Closet and the Related Parties harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this ToS or any other policies that Sari Closet may issue for the Site and/or Service from time to time.
17. Dispute Resolution and Governing Law.
17.1. Negotiations. In an effort to accelerate resolution and reduce the cost of any dispute, controversy or claim related to these Terms of Service (“Claim”), you and Sari Closet agree to first attempt to negotiate any Claim (except those Claims expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Negotiations will begin upon written notice. Sari Closet will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Sari Closet, LLC, P.O. Box 1639, Los Altos CA 94023, ATTN: CEO.
17.2. Binding Arbitration. If the parties are unable to resolve a Claim through negotiations, either you or Sari Closet may elect to have the Claim (with the exception of those Claims expressly excluded in Section 17.5) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Claims (“AAA Consumer Rules”).
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. Sari Closet will pay all arbitration fees and expenses in the event the arbitrator determines those costs to be excessive. Except as otherwise provided in this ToS, you and Sari Closet may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND SARI CLOSET ARE WAIVING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
17.3. Location. Any arbitration will take place in Los Angeles, State of California, United States of America with the understanding that any party may attend the arbitration by video, phone and/or internet connection. Any Claim not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction in Los Angeles, State of California, United States of America, and you and Sari Closet agree to submit to the personal jurisdiction of that court. You may also assert an individual action in small claims court in lieu of arbitration.
17.4. Restrictions. You and Sari Closet agree that any arbitration shall be limited to the Claim between Sari Closet and you individually. YOU AND SARI CLOSET AGREE THAT (A) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (C) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER.
17.5. Exceptions to Negotiations and Arbitration. You and Sari Closet agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claims seeking to enforce or protect, or concerning the validity of, any of your or Sari Closet’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
17.6. Governing Law. Except as otherwise provided in this ToS, this ToS shall be is governed by, and will be construed under, the laws of the United States of America and the law of the State of California, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17.7. Severability. You and Sari Closet agree that if any portion this Section 17 is found illegal or unenforceable (except any portion of Section 17.5), that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 17.5 is found to be illegal or unenforceable then neither you nor Sari Closet will elect to arbitrate any Claim falling within that portion of Section 17.5 found to be illegal or unenforceable and such Claim shall be decided by a court of competent jurisdiction within Los Angeles, State of California, United States of America, and you and Sari Closet agree to submit to the personal jurisdiction of that court.
18.1. ToS Revisions. This ToS may only be revised in a writing signed by Sari Closet, or published by Sari Closet on the Site.
18.2. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sari Closet as a result of this ToS or your use of the Service.
18.3. Assignment. Sari Closet may assign this ToS, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToS without Sari Closet’s prior written consent, and any unauthorized assignment by you shall be null and void.
18.4. Severability. If any part of this ToS is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToS shall be given full force and effect.
18.5. Attorneys’ Fees. In the event any litigation is brought by either party in connection with this ToS, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
18.6. No Waiver. Our failure to enforce any provision of this ToS shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToS shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
18.7. Notices. All notices given by you or required under this ToS shall be in writing and addressed to: Sari Closet, LLC, P.O. Box 1639, Los Altos, CA 94023, ATTN: CEO.
18.8. Equitable Remedies. You hereby agree that Sari Closet would be irreparably damaged if the terms of this ToS were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToS, in addition to such other remedies as we may otherwise have available to us under applicable laws.
18.9. Entire Agreement. This ToS, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Site and/or Service and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Site and/or Service.