Terms & Conditions
Terms & Conditions / Rental Agreement
Last Updated August 16, 2021
The following Terms of Service (“Terms”) between you (“you” or “your”) and Una Notte, LLC, a Delaware company (“we”, “our”, “us”, or “Una Notte”) describes the terms and conditions on which you may access and use the Una Notte website located at www.unanotte.co (the “Site”) and related services including Una Notte garment rental and sale services (together with the Site and the Una Notte Content, as defined below, the “Services”). By accessing or using any of the Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.
By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by Una Notte through the Site, or otherwise made available to you by Una Notte, and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject Una Notte to any non-U.S. jurisdiction or law. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
1. About the Services
Through the Services, we aim to give you access to luxury designer clothing rentals and fashion solutions for your specified rental period.
Children under the age of 13 may not use the Services and parents or legal guardians may not agree to these Terms on their behalf.
MODIFICATION OF THE SERVICES OR THE TERMS
Una Notte may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason. However, Una Notte will use commercially reasonable efforts to notify you of material changes to these Terms by posting a notice on the Site and/or sending an email to the email address you provided to Una Notte upon checkout.
2. Rental and Sale of Products
The Services include the rental and sale of garments, fashion solutions and related services (“Products”). This agreement sets out the terms and conditions that apply to your rental or purchase of any Product.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account with anyone, and you must protect the security of your Account (including your Una Notte User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
You acknowledge and agree that we may place limits on the rental or purchase of Products. We reserve the right to limit, cancel, or prohibit any rentals or sales of Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
You must provide us with accurate shipping information, so that we can deliver Products to you in a timely manner. You are responsible for providing us with accurate shipping information for deliveries, keeping the shipping information for your Account up-to-date, and reviewing shipping address information within invoices. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any rentals or sales of Products for any reason.
If you do not pay the amounts you owe to Una Notte when due, then Una Notte may institute collection procedures. You agree to pay Una Notte costs of collection, including without limitation reasonable attorney’s fees.
You consent to receive communications from us, including email, chat, text messages, and phone calls. These communications may be for the purpose of notifying you of the status of your order, sending you reminders, and providing you other information. Standard message and data rates charged by your mobile carrier may apply.
You may opt out of receiving communications by following the unsubscribe procedures or contacting our Customer Support team. You acknowledge that opting out of communication may impact your use of the Services.
The following additional conditions apply to the rental of any Product.
The rental fee (“Rental fee”) for the Product will be the total of the rental fee, insurance charges, and cleaning fee listed on the Site for your rental of the Product. When you place an order for a Product, you hereby authorize Una Notte to charge your payment card for the Rental Fee. Una Notte will charge your payment card immediately upon order, regardless of how far in advance that Product is reserved. In addition, you hereby authorize Una Notte to charge your payment card for an amount equal to, but not in excess of 100% of the original retail value of the product in the event of non-returned or damage beyond repair.
Each rental includes $5 of garment insurance to cover minor wear and tear, such as loose buttons, a missing hook & eye, or a small stain. Wear and tear is deemed excessive at the sole discretion of Una Notte. Insurance does not cover unreturned or missing items.
Rental Fees exclude all federal, state, and local taxes, fees, customs, duties, and other governmental assessments, all of which shall be paid by you directly or, if paid by Una Notte, shall be paid by you to Una Notte in connection with your order.
If you need to make a change to your order, or cancel your booking, please contact us at firstname.lastname@example.org. Please include your order number in the email. Our cancellation policy is as follows:
- Any order cancellations made seven (7) or more days in advance of the delivery date will result in a full refund in the form of your original payment.
- Any order cancellations less than seven (7) days will receive a credit to your Una Notte account in the form of a promo code or gift card that may be applied to any future Una Notte Rental.
iii. If you cancel your order after your garment has been shipped, we request that you return the garment the same day that it is received. If the garment is returned same-day, we will issue an Una Notte credit minus shipping fees. If the garment is not returned same-day, the shipped garment will be considered rented and there will be no refunds or credit issued.
With the delivery of the Product, Una Notte will provide you a self-sealing bag and prepaid adhesive return label.
If you choose to pick up and drop off your items at our La Jolla showroom, a pick up and drop off time frame will be arranged beforehand, commensurate to your rental time period. Time frames are available during normal business hours unless otherwise agreed-upon beforehand. If you arrive outside of that timeframe, your ability to pick up your garment is not guaranteed and additional charges or cancellation fees may be incurred. Please email email@example.com if you anticipate a late or early arrival, or if you need to adjust your pick up/drop off time. For drop-offs, local customers will utilize the contactless, secure dropbox outside of our office, which is available 24 hours a day, 7 days per week.
Receipt of the Products
Upon delivery, you bear responsibility for the Products. Una Notte does not bear liability for Products left unattended in an unsecure delivery location. You agree to provide a safe delivery address upon confirmation of your order. In the event that an unsecure shipping address is provided, Una Notte does not maintain liability for items lost or stolen. You acknowledge that “unsecure shipping address” refers to (but it not limited to) locations where Una Notte Products can be left unattended for extended periods of time. In addition, Una Notte does not maintain liability for delays or loss associated with failure to provide a secure shipping address.
In the event of any damaged or missing items, notify Customer Experience by contacting firstname.lastname@example.org immediately.
Use of the Products
By renting Products from Una Notte you agree that it is for a legitimate purpose and not to engage in unfair and/or illegal business activities or competition. You agree to treat the Products with great care, You are responsible for loss, destruction, or damage to the Products for any reason other than normal wear and tear. You acknowledge that what constitutes as minor damage is at the sole discretion of Una Notte. If you return a Product damaged beyond normal wear and tear, then you agree to be charged for the price of repairing or replacing the Product, up to the Retail Value of the Product.
Third Party Handling
In the case where a third party, including, but not limited to, a delivery driver, hotel, or other third party handles the Products, it is the sole responsibility of the Agreement holder (you) to ensure that all delivery and return instructions are followed as outlined in the Terms and Conditions. You assume any and all liability for damage, missing items, and any and all costs incurred due to a failure to follow the specifics of the Terms and Conditions that result from the actions of third parties who handle the Products.
Return of the Products
If you use the Return Packaging that we provide, you must use the shipping carrier specified on the pre-paid shipping label included with the Return Packaging. Una Notte will not be responsible for loss, theft, or damage to Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Packaging and/or the return label provided for the return of a purchased product (“Return Label”), or for any fees or expenses that you incur due to delays in Una Notte receiving the Product. Una Notte does not ship Products outside of the United States, and you may not return Products to us from outside of the United States without our prior written permission.
In the event that you lose or damage the Return Packaging that we provide, you will be responsible for returning the Product to us in your own packaging, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which Rent the Runway will not be liable. You will be solely liable for all such delays, Late Fees, additional delivery fees, and any damage to Products.
If you do not return one or more Products (other than Products that you purchase) by the Product Return Date, you hereby authorize us (or our third-party payment processor) to charge your Payment Method non-refundable late fees for the days that we do not receive every Product that comprises such order, up to the full Original Retail or Comparable Value of the Products not returned to us plus applicable sales tax.
If you are charged by Una Notte, and pay the Maximum Late Fee for a Product, you are permitted to retain the Product; however, we do not make, and expressly disclaim, any warranties of any kind with respect to the Product, and the Product is provided to you on an “AS IS” basis. For the avoidance of doubt, this “Late Fees” section shall not apply to the Rental Fee, or fees paid or payable by you for the non-return of Return Packaging, each of which will be charged separately from, and in addition to, any late fees. Payment of any late fees does not excuse your breach of these Terms.
The following are the limited warranties Una Notte provides in connection with Product rentals. Una Notte liability to you for failure to comply with any of these warranties is limited to timely delivery of Product conforming to the warranties or a refund of the Rental Fee as determined by Una Notte.
Subject to availability, we will deliver the Products you ordered, including the specified size, color and design, on or before the delivery date for which you ordered them, except in the rare event that the Product is damaged beyond repair or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available rental Product to replace the unavailable Product or for a refund to the original form of payment. If we are unable to reach you, you will be notified of our inability to fulfill your order via email and refunded to the original form of payment.
Clean and Ready to Use
The Products will be professionally dry-cleaned and delivered ready to use. Una Notte cleans and inspects each Product with the utmost care, but use of the Product is at your own risk and Una Notte shall not be held liable for any health-related complaints associated with any Product.
Purchase and use of a Gift Card constitutes acceptance of these terms. In addition to the terms in this Section, the purchase, use, and redemption of Gift Cards is considered part of the Services subject to these Terms generally.
Redemption and Use
Gift Cards may be purchased online. Gift Cards are redeemable only for eligible Services and merchandise through our website. Limits may apply to Gift Card redemption and use at Una Notte’s discretion. A Gift Card cannot be used to purchase other Gift Cards. When a Gift Card is redeemed, the value of the rental or purchase plus any delivery fees and sales tax will be deducted from the currently available Gift Card balance.
Expiration and Fees
Gift Cards do not expire and are not subject to any fees. Gift Cards are not redeemable or exchangeable for cash (except as required by law). Gift Cards cannot be reloaded and are not refundable. Gift Cards cannot be transferred for value.
Lost, Stolen, or Damaged Cards; Unauthorized Use
You should treat your digital Gift Card like cash and protect it accordingly. Title to and risk of loss for Gift Cards passes to the purchaser upon sale. Una Notte reserves the right to refuse to accept Gift Cards that Una Notte believes were fraudulently or illegally obtained. Una Notte is not responsible if a Gift Card is lost, stolen, destroyed, damaged, or used without permission. Gift Cards will be replaced if lost, stolen, or damaged only with proof of purchase and only for the value shown on Una Notte's records. Una Notte is not responsible if your Gift Card is used without your permission.
LIMITATION OF LIABILITY
IN ADDITION TO THE GENERAL “LIMITATIONS OF LIABILITY” SECTION SET FORTH IN THESE TERMS GENERALLY, IN THE EVENT THAT UNA NOTTE IS FOUND LIABLE TO YOU FOR A CLAIM ARISING FROM A GIFT CARD, YOUR SOLE AND EXCLUSIVE REMEDY WILL BE TO RECOVER ACTUAL AND DIRECT DAMAGES WHICH SHALL NOT EXCEED THE LAST BALANCE HELD ON YOUR GIFT CARD.
The following additional conditions apply to the sale of any Product.
All Sales are Final and As-Is
You acknowledge and agree that only those Products including fashion solutions, accessories, etc designated by us on the Site as available for purchase are eligible for purchase by you. All Products are sold on an “as is” basis, without any warranty whatsoever, and all Product sales are final.
The purchase price (“Purchase Price”) for the Products will be the purchase fee and delivery charges listed on the Site in connection with your purchase of the Products. Purchase Price is as listed on the Una Notte website at the time of purchase. Una Notte reserves the right to alter Purchase Price, discount, or availability of any particular item at its discretion and without notice. Upon your purchase order for a Product, you hereby authorize Una Notte to charge your payment card for the Purchase Price. We will charge your payment card the amount of the Purchase Price immediately upon your purchase order. Purchase Prices exclude all federal, state and local taxes, fees, customs, duties, and other governmental assessments, all of which shall be paid by you directly or, if paid by Una Notte, shall be paid by you to Una Notte in connection with your purchase order. Purchase orders are final and cannot be cancelled.
3. Use of the Services
Una Notte Content Provided “As-Is”
All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from Una Notte staff and stylists, and photos and comments from other users (“Una Notte Content”) is available to you on an “as is” basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The Una Notte Content is provided with the understanding that such information does not constitute professional advice or services. As such, you agree not to rely upon or use any Una Notte Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the Una Notte Content.
We may update the Una Notte Content, including Product description and specifications, as we deem appropriate and without notice to you.
Third Party Content
Links to Third Party Websites
The Services may contain links or references to non-Una Notte websites, products, services or other materials or content (“Third Party Content”). Una Notte is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any Third Party Content is independent from Una Notte, and Una Notte has no control over the Third Party Content. In addition, a link to any Third Party Content does not imply that Una Notte endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
Acceptable Use Policy
Use of Una Notte Content
No part of the Services, including the Una Notte Content, may be reproduced or transmitted in any form, by any means, except that Una Notte authorizes you to view, copy, download, and print Una Notte Content (such as press releases and FAQs) that is available on the Site, provided that: (a) you use the Una Notte Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Una Notte Content; and (c) you do not remove any copyright, trademark, and other proprietary notices on the Una Notte Content.
Use of the Services
You may not use the Services to: (i) transmit any content, information or other materials that are, or which Una Notte considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity; (ii) sell or promote any products or services, including any controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages; (iii) introduce viruses, worms, Trojan horses and/or harmful code; (iv) display material that exploits children under 18 years of age; (v) post any content, information or other materials that infringe, misappropriate or violate any intellectual property or other right of any third party; (vi) promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes; impersonate any other person, including but not limited to, a Una Notte representative; (vii) post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age); (viii) post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests; or (ix) violate any applicable local, state, national or international laws or regulations.
You also agree that you will not (and will not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Services, any part thereof or access thereto.
Indemnification for Breach
By using the Services, you agree to indemnify, hold harmless and defend Una Notte and its officers, directors, agents and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
If you post, upload or make available to Una Notte or the Services, or otherwise submit to or through Una Notte as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials, including but not limited to photos and reviews relating to your use of the Products (“Your Content”), you hereby grant to Una Notte a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit Your Content and your name, image, voice, likeness and/or other biographical information or material in connection with Your Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, in email and other promotional campaigns and on third party sites promoting the Services) in connection with the Services, including but not limited to advertising, promoting, and marketing the Services, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any of Your Content or any use of Your Content. By submitting Your Content, you represent and warrant that Your Content and your communication thereof conform to these Terms, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize Una Notte to exploit, Your Content in all manners contemplated by these Terms. You waive all moral rights in Your Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of Your 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 Your Content.
Access to parts of the Services requires the creation of a user account, including a user name and password that you choose upon registration. You are solely responsible and liable for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from the use of the Services with your account. You agree to notify Una Notte promptly of any unauthorized use of your account or password.
There may be delays, omissions, or inaccuracies in the Services, including the Una Notte Content. The Service may become unavailable due to maintenance or malfunction of computer equipment or other reasons.
4. Intellectual Property
Ownership of Services
The Services, including the Una Notte Content, including all intellectual property rights in and to the Services and any changes, modifications or corrections thereto, are the property of Una Notte and its affiliates and licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. All other product names are trademarks or registered trademarks of their respective owners. Una Notte and its affiliates and licensors reserve all rights in and to the Services not granted expressly in these Terms.
Nothing shall be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any Una Notte Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with the prior written permission of Una Notte or such third party that may own such Una Notte Content.
Subject to your compliance with these Terms, Una Notte grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes.
Feedback and Comments
By sending us any feedback, ideas, suggestions, documents or proposals (“Feedback”), you grant to us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works of, publish, distribute, sublicense and otherwise exploit the Feedback, and you waive all moral rights in the Feedback which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant that the Feedback does not contain any confidential or proprietary information of any third party, and that Una Notte may use your Feedback without restriction or obligation to you or any third party.
Termination by You
Any violation of these Terms, may result in suspension or termination of your access to the Services and/or removal of Your Content. Una Notte may also terminate your account if Una Notte determines that your conduct poses a risk or liability to Una Notte, or for any other reason as determined by Una Notte in its sole discretion.
Termination by Una Notte
Any violation of these Terms, may result in suspension or termination of your access to the Services and/or removal of Your Content. Una Notte may also terminate your account if Una Notte determines that your conduct poses a risk or liability to Una Notte, or for any other reason as determined by Una Notte in its sole discretion.
Effects of Termination.
In each of these cases, the Terms will terminate, including your license to use the Services, except that the sections pertaining to Rental Fee, Late Fees, Lost Return Packaging, Failure to Pay Fees, and Acknowledgment will still apply.
6. Disclaimer of Warranties; Limitation of Liability
The limited warranties set out in Section 2(B) for rentals apply only to you and may not be assigned, sold or transferred to any third party. No other warranties are granted by Una Notte in connection with the Services or Products. The limited warranties shall not apply to any matters arising from your violation of these Terms.
Your sole and exclusive remedy and Una Notte sole and exclusive liability for a breach by Una Notte of the limited warranties set out in Section 2(B) shall be, at Una Notte option, Una Notte use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of your Rental Fee, as applicable (excluding insurance and delivery charges).
Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTIES SET OUT IN SECTION 2(B), THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, Una Notte DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING THE Una Notte CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS. THIS DISCLAIMER DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL UNA NOTTE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF RTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE AS SET FORTH UNDER SECTION 6(A) OR TO DISCONTINUE YOUR USE OF THE SERVICES AND TERMINATE THESE TERMS. THE FOREGOING LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS OR WHERE OTHERWISE PROHIBITED BY LAW.
7. Dispute Resolution; Arbitration
Informal Process First
Both you and Una Notte agree that in the event of any dispute between us, you and Una Notte will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution.
Informal Process First
All disputes between you and Una Notte will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Una Notte or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Una Notte or you pursuant to the following conditions:
- (a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will be conducted at a JAMS facility in your area or at a JAMS facility in San Diego County.
- (b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
- (c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
- (d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- (e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with RTR remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
- (f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- (g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
Una Notte makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws.
The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. You agree not to export the Services, including the Una Notte Content, or any part thereof, in any way, in violation of United States law.
Governing Law and Venue
These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action, shall be resolved exclusively by a state or federal court located in San Diego County, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
These Terms are the entire agreement between you and Una Notte relating to the subject matter herein and shall not be modified except by Una Notte in accordance with these Terms, or as otherwise agreed in writing by you and Una Notte. No employee, agent or other representative of Una Notte has any authority to bind Una Notte with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver
If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Una Notte may assign these Terms at any time without notice to you.
Una Notte will not be liable for, or be considered to be in breach of these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond Una Notte reasonable control.