nabfly, Inc., DBA Bespoke Post, is a lifestyle and commerce service for men.
Acceptance of Terms
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
Registration for an Account
At the time of initial registration for your Account and thereafter, you have the option to sign up for a subscription service through the Site (the “Membership Subscription”) and become a member of Bespoke Post club (“Club Member”). Club Members are eligible to receive a monthly box that contains curated product(s) selected by Bespoke Post (the “Box”). Club Members will be charged for each Box sent to the Club Member at the amounts indicated at the time the Club Member signs up for the Membership Subscription (“Box Charge”).
Club Members will be sent a monthly email (to the email address provided in your Account), describing a Box that Bespoke Post designated to be sent to you. In selecting Boxes to be sent to Club Members, Bespoke Post will consider the styles and preferences that Club Members provide Bespoke Post through their Accounts. If you would like to receive the Box that Bespoke Post designated to be sent to you, no further action is needed from you and the Box will be shipped to you. If you do not want to receive the Box that Bespoke Post designated to be sent to you, you have either of the following options, which must be exercised prior to 11:59 p.m. Eastern time, U.S.A., on the fifth of day of the given month:
A. Opt out of receiving a Box for the given month (in which case you will not charged the Box Charge for that month) by following the applicable instructions provided in the email; or
B. Select a different Box that is available on the Site (in which case you will still be charged the Box Charge for that month) by following the applicable instructions provided in the email.
Product Information; Limitation on Quantities
Excluding any content which may be submitted by users from time to time, we strive to ensure that the information on the Site is complete and reliable. Certain information on the Site may contain pricing errors, typographical errors and other errors or inaccuracies which we may correct without liability to you or any other person, unless otherwise prohibited by the law. We also reserve the right to limit quantities purchased by users and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted and/or acknowledged). We do not guarantee that all products described on our Site will be available.
We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We may ship to certain locations outside of the United States, and reserve the right to apply additional shipping and handling charges to any orders shipped outside of the United States.
Rules of Conduct
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
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 Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, 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.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
Third Party Services
The Services may permit you to link to and otherwise interact with other websites, services or resources on the Internet, and other websites, services or resources may contain links to and interact with the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Any such use does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
Payments and Billing
Shipping, Returns and Exchanges
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding:
To the maximum extent permitted by applicable law, you release us from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW FOR CERTAIN LIMITATIONS WITH RESPECT TO IMPLIED WARRANTIES (SUCH AS HOW LONG AN IMPLIED WARRANTY LASTS), SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING LIMITATIONS SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to: (a) your User Content; (b) violation of any applicable law that protects us or our legal rights or those of any third party that your actions have damaged; (c) material uncured breach of these Terms of Service; (d) infringement by you of any intellectual property rights of Bespoke Post or any third party; or (e) any and all activities that occur under your Account, username and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR INSTANCES OF GROSS NEGLIGENCE, INTENTIONAL WRONGDOING, WILLFUL MISCONDUCT, OR WHERE WE HAVE A LEGAL OBLIGATION TO YOU, IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF ONE HUNDRED U.S. DOLLARS ($100.00). BECAUSE SOME STATES, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW FOR CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, AS SET FORTH IN THIS SECTION, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL ONLY APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
IF IT IS FINALLY DETERMINED BY A COURT OF LAW THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION DOES NOT APPLY TO YOU, THEN YOU AGREE THAT OUR TOTAL LIABILITY IN THE AGGREGATE FOR ANY CLAIMS MADE BY YOU OR ANY THIRD PARTY ON YOUR BEHALF SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) OR THE TOTAL AMOUNT OF YOUR LAST PURCHASE FROM US, WHICHEVER IS GREATER.
Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is nabfly, Inc., DBA Bespoke Post, 151 W 25th St, 5th Floor, New York, NY 10001, 888.565.6762. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
Governing Law and Jurisdiction
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SERVICE AND PURCHASING OUR PRODUCTS. REMEMBER, THAT YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, INCLUDING THE PROVISIONS RELATING TO GOVERNING LAW AND JURISDICTION.
THIS SECTION LIMITS CERTAIN RIGHTS YOU MIGHT OTHERWISE HAVE INCLUDING: (1) THE RIGHT TO HAVE DISPUTES BETWEEN YOU AND US GOVERNED BY THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF NEW YORK, AND (2) THE RIGHT TO ADDRESS ANY SUCH DISPUTE OUTSIDE OF NEW YORK.
These Terms of Service, and any dispute arising between you and us arising out of or relating to these Terms of Service, the Services or the Content, shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service, the Services or the Content shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York, and you irrevocably consent to such courts being the sole and exclusive forum and venue for any such dispute, and agree to submit to the jurisdiction and venue of such courts.
Important Information for New Jersey Residents
If you live in New Jersey, please carefully read these Terms of Service and understand that by using the Site, placing an order on the Site or signing up for a Membership Subscription in addition to the other rules you agree to: (1) any dispute between us will be governed by New York law addressed in New York (See Governing Law and Jurisdiction), (2) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth above (See Warranty Disclaimer and Limitation of Liability) may not apply to you, and (3) you are responsible for any harm (See Indemnification) that you cause us, whether it is because of (a) your User Content; (b) violation of any applicable law that protects us or our legal rights or those of any third party that your actions have damaged; (c) material uncured breach of these Terms of Service; (d) infringement by you of any intellectual property rights of Bespoke Post or any third party; or (e) any and all activities that occur under your Account, username and/or password.
Entire Agreement and Severability
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid (e.g., if you are a New Jersey resident, certain portions of the following Sections: Warranty Disclaimer; Limitation of Liability; and Governing Law, Jurisdiction and Disputes), that provision will be limited or eliminated to the minimum extent necessary so that the remaining terms of these Terms of Service 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.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service. If changes are made to the Terms of Services, the revised version will be posted to the Site. We also reserve the right to change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following posting of to the Site of any changes to these Terms of Service constitutes acceptance of those changes. You can determine when the Terms of Service were last revised and effective by referring to the “Effective Date of Terms of Service" at the bottom of this page. We assume no responsibility to you if you fail to check for revisions to these Terms of Service or for your actions or omissions caused by same. No change or alteration in these Terms of Service will be deemed in any instance to be an admission of fault, liability or violation of applicable law.
You may contact us at the following address: 151 W 25th St, 5th Floor, New York, NY 10001
Effective Date of Terms of Service: June 1, 2016