Terms of Service

Last updated: August 1, 2020.

Welcome to the Coutart, Inc. (together with its affiliates, "Coutart") website, which includes, but is not limited to www.coutart.com and the Coutart app and all related services, content, functionality, and transactions offered by Coutart on or through www.coutart.com and the Coutart app (each, a "Site" and collectively, the "Sites"). These Terms of Service (these "Terms") govern your use of each of the Sites and our online stores accessible via the Sites. The Sites and our services are collectively called the "Services".

Please read and review these Terms carefully, because by accessing or using the Services, or by clicking to accept or agree to these Terms when this option is presented to you, you agree to be bound by these Terms. If you don't agree to these Terms, do not use the Services.

IMPORTANT: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN THE SECTION ENTITLED "DISPUTE RESOLUTION AND ARBITRATION" BELOW REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST COUTART ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST COUTART IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Changes to Terms or Services

We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we'll let you know either by posting the modified Terms on the Sites or through other communications. It's important that you check these terms regularly because if you continue to use the Services after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don't agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.

Who May Use the Services

Eligibility. You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.

Registration and Your Information and Account. If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account ("Account") via the Sites and provide your name and email address. Creation of your Account on one of the Sites will enable you to use the features available on any and all of the Sites.

It’s important that you provide us with accurate, complete and up-to-date information for your Account, and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account. You agree not to disclose your Account password to anyone and to notify us immediately of any unauthorized use of your Account. You are fully responsible for your failure to safeguard your Account information and/or any actions resulting from your permitting any other person to access your Account.

Subscription. You’ll be able to subscribe to our mailing list to receive emails and updates from the Services by providing us with your email address. You can unsubscribe at any time.

How the Services Work. We make available an online platform that allows you to purchase products, mainly accessories ("Products"). Through the Services you will be able to browse our Products and place orders.

Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. We reserve the right to refuse or limit any order you place with us. We may also, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Method of Payment (as defined below), email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Method of Payment has been charged, we will refund the billed amount.

Pre-orders. At Coutart, we are committed to sustainability and the reduction of waste. For this reason, we only produce limited editions of our products and make them available to you for purchase. We pay attention to all the little details that go into making a great leather product and give our artisan partners the time they need to create quality pieces. When these items are sold out, we enable you to pre-order for a limited time. If you decide to pre-order an item, please be aware that it might take some time to become available. Once it becomes available, we will notify you and ship it right away to the address provided.

Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We are not responsible for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.

Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.

Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a "Method of Payment"). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third-party payment service provider engaged by us) to charge your Method of Payment for all orders placed and accepted via the Services.

Cancellation, Return and Exchange Policies. Cancellation, return and exchange policies are available to you via the Services. Please see our Privacy Policy and our Return Policy sections.
If a Product is not what you expected it to be, please review such policies to learn how and when you may return or exchange a Product purchased via the Services. You agree that any applicable shipping and/or handling charges may be non-refundable.

Product Information. Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service.

Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price.

Colors & Style. We have made every effort to display as accurately as possible the attributes, including colors and styles, of Products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual Product color or finish.

Cancellation of Orders. We reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests.

Alerts and Notifications

As part of the Services, you may receive notifications, alerts, emails, or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the email you receive.

Privacy Policy

Please refer to our Privacy Policy, for information on how we collect, use and disclose information from and about our users.

Feedback

We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit Feedback through our website by clicking here. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (i) "Content" means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) "User Content" means any Content that Account holders or other users of the Services (including you) provide to be made available through the Services or transmit to us through the Services (including by email). References to the "Content" include User Content, unless otherwise indicated.

Content Ownership, Responsibility and Removal

Coutart does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Excluding User Content, Coutart and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. COUTART and all related names, logos, product and service names, designs and slogans are trademarks of Coutart and/or its licensors. You must not use such marks without the prior written permission of Coutart. All other names, logos, product and service names, designs and/or slogans on the Sites are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You. By making any User Content available through the Services or otherwise sharing such User Content with Coutart, you hereby grant to Coutart a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicenseable license to use, copy, edit, translate, distribute, modify, create derivative works based upon, publicly display, publicly perform and distribute you User Content, in any media or medium, or any form, format, or forum now known or hereafter developed. Coutart may sublicense its rights through multiple tiers of sublicenses. You retain all other rights with respect to your User Content.

You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

By using the Services, you agree not to submit to or share any User Content that:

• is false, fraudulent, inaccurate, or misleading;
• violates any local, state, federal, or international laws or is otherwise tortious;
• is protected by or would infringe on the rights of others (including Coutart), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
• is obscene, indecent, pornographic, or otherwise objectionable;
• is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Coutart in its sole discretion;
• victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
• is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
• contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from Coutart;
• contains or relates to chain letters or pyramid schemes;
• impersonates another business, person, or entity, including Coutart, its related entities, employees, and agents;
• violates any policy posted on the Sites; or
• is intended to cause harm, damage, disable, or otherwise interfere with the Sites or our partners.

Any and all User Content that you make available through the Services shall be deemed non-confidential and non-proprietary.

Although we cannot monitor all User Content shared or submitted through the Services, you understand that we shall have the right, but not the obligation, to monitor any User Content shared or submitted through the Services to determine compliance with these Terms and any other operating rules that may be established by Coutart from time to time. Coutart shall have the right, in its sole discretion, to edit, move, delete, or refuse to post any User Content shared or submitted through the Services for any reason, including violation of these Terms, whether for legal or other reasons, or because the material is objectionable or stale. Notwithstanding this right of ours, users shall remain solely responsible for their User Content. You acknowledge and agree that neither Coutart nor any of its affiliates shall assume or have any liability for any action or inaction by Coutart with respect to any User Content shared or submitted through the Services.

Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE COUTART, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.

Rights in Content Granted by Coutart. Subject to your compliance with these Terms, Coutart permits you to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes. You may not otherwise reproduce any of the Content found on the Sites without the prior written consent of Coutart or other applicable owner. No license, right, title, or interest in the Sites or any Content is transferred to you as a result of your use of the Sites or Services or your accessing, viewing, downloading, or printing of the Content.

Notice and Takedown Procedures

If you believe any User Content accessible on or from the Services infringes your copyright, you may request removal of those materials (or access thereto) from the Services, pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(3), by contacting the Coutart Designated Agent (address identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the User Content that you believe to be infringing and its location. Please describe the User Content, and provide us with its URL or any other pertinent information that will allow us to locate the User Content.
3. Your name, address, telephone number, and email address.
4. A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or authorized representative.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.

You must submit your written notice containing the above information to our Designated Agent who can be reached Legal Contact.

We may give notice to our users by means of a general notice on any of our Sites, electronic mail to a user’s email address in our records, or written communication sent by first class mail to a user’s physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, Coutart maintains a policy for the termination, in appropriate circumstances, of users of the Services who are repeat infringers.

General Prohibitions

The Services may be used only for lawful purposes and in accordance with these Terms. You agree you will not use the Services to engage in or encourage conduct that, in our sole discretion and judgment, would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); communicate, transmit, redistribute or upload content or material (including User Content) that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; is incomplete, false, inaccurate or not your own; contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; includes any addresses, email addresses, phone numbers or any contact information; contains corrupted files, viruses, malware or any harmful software; is libelous, defamatory or otherwise unlawful, threatening, harassing, abusive, vulgar, obscene, offensive, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; or is violent or promotes violence or actions that are threatening to any person or entity; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or engage in or encourage any conduct that restricts, impairs or inhibits any other user from using or enjoying the Services.

System Security

Violations of system or network security may result in civil or criminal liability. Coutart may investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Services and you agree not to do any of the following: use, display, mirror or frame the Services or any individual element within the Services, Coutart's name, any Coutart trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Coutart's express written consent; access, tamper with, or use non-public areas of the Services, Coutart's computer systems, or the technical delivery systems of Coutart's providers; avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Coutart or any of Coutart's providers or any other third party (including another user) to protect the Services or Content; attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the software and/or search agents provided by Coutart or other generally available third-party web browsers; access data not intended for you or log on to a Coutart server or account you are not authorized to access; attempt (or succeed in an attempt) to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempt (or succeed in an attempt) to interfere in any way with, gain unauthorized access to, damage or disrupt any part of the Services, or any Site's or Coutart's networks or network security, or use any Site's service to gain unauthorized access to any other computer system; use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content.

Links to Third-Party Websites or Resources

The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, "Promotions") made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

Accessing the Services and Account Security

We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that, to the fullest extent allowed by applicable law, we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.

Termination

We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: "Prices", "Payment", "Cancellation, Return and Exchange Policies", "Errors, Inaccuracies and Omissions", "Cancellation of Orders", "Privacy Policy", "Feedback", "Content and Content Rights", "Content Ownership, Responsibility and Removal", "General Prohibitions", "System Security", "Links to Third-Party Websites or Resources", "Warranty Disclaimers", "Indemnification", "Limitation of Liability", "Governing Law", "Dispute Resolution and Arbitration" and "General Information".

Warranty Disclaimers

YOUR USE OF THE SERVICES AND CONTENT AND YOUR PURCHASE OF PRODUCTS ARE AT YOUR SOLE RISK. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, COUTART EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICES WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. COUTART MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY AND/OR PRICING OF PRODUCTS SOLD VIA THE SERVICES. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Coutart, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of, related to, or in connection with your violation of these Terms.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COUTART, ITS PARENT, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT ("THE RELEASED PARTIES") SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT COUTART OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, COUTART'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO COUTART IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO COUTART, AS APPLICABLE.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY USER OF THE SITES OR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COUTART AND YOU.

International Use

We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.

Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Dispute Resolution. We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or any aspect of the relationship between you and Coutart, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a "Dispute"), you and Coutart agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked "Notice of Dispute" and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to Coutart Legal Contact. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and Coutart agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or Coutart may resort to the other alternatives described in this section.

ARBITRATION. IN THE EVENT THAT ANY DISPUTE IS UNRESOLVED THROUGH INFORMAL DISCUSSIONS WITHIN THIRTY (30) DAYS AS DESCRIBED IN THE "INFORMAL DISPUTE RESOLUTION" SECTION ABOVE, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND COUTART AGREE TO RESOLVE SUCH DISPUTE THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT COUTART AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. ("JAMS") pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the "JAMS Rules") and as modified by this agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on the JAMS website at http://www.jamsadr.com/rules-streamlined-arbitration. The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/.

The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by JAMS or by the arbitrator. The arbitrator’s decision will follow the terms of these Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms of Service will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

Exceptions to Agreement to Arbitrate – Injunctive Relief. Notwithstanding the foregoing, either you or Coutart may assert claims, if they qualify, in small claims court in New Jersey or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.

Judicial Forum for Disputes If Class Waiver Invalidated. If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in Jersey City, New Jersey. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and Coutart consent to venue and personal jurisdiction in Jersey City, New Jersey. We both agree to waive our right to a jury trial.

Any claim or cause of action you may have with respect to Coutart, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.

Notice for California Users

Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

General Information

These Terms constitute the entire agreement between you and Coutart, govern your use of the Services, and supersede any prior agreements between you and Coutart. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Coutart' prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Coutart may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.

You agree that no joint venture, partnership, employment, or agency relationship exists between Coutart and you as a result of these Terms or your use of the Services.

The failure of Coutart to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.

If you have any questions about these Terms or the Services, please contact us Legal Contact.

We last updated our Privacy Policy on August 1, 2020.

This Privacy Policy explains how Coutart collects, uses, and shares your personal information. ("Personal information" is information that identifies you or that can reasonably be linked to information that identifies you.) This Privacy Policy applies when you visit our website, mobile app, official social media sites, or other online properties, (collectively "Sites"), and at our locations in person. Coutart recognizes that you care about how your information is used, and your privacy is important to us. This Privacy Policy explains the choices you can make about what information we share. Please read this Privacy Policy carefully.

CHANGES TO THIS PRIVACY POLICY

We ask that you read this Privacy Policy from time to time. Coutart may modify this Privacy Policy at any time in its sole discretion. If we make material changes to this Privacy Policy that increase our rights to use personal information that we have previously collected about you, we will notify you either through an email to your registered email address or by prominent posting on the Sites and, where appropriate, we will obtain consent from you either through email or the Sites.

INFORMATION WE COLLECT AND HOW WE COLLECT IT

Information We Collect

We collect information to deliver the products and services you request, to help improve your shopping experience, and to support our business functions. We collect information from you in a variety of ways when you interact with our stores, websites, and mobile services.

We may collect the following categories of personal information. Not all categories may be collected about every individual:

• Personal identifiers, such as name and address
• Device and online identifiers and related information, such as telephone number and email address
• Internet, application, and network activity, such as cookie IDs and browser visits
• Government identifiers, such as national identification numbers and driver’s license numbers
• Demographic information, such as age and date of birth
• Financial information, such as credit and debit card numbers and claims information
• Characteristics of protected classifications under state or federal law, such as gender and nationality
• Purchase history information, such as products you have bought, rented, and returned
• Location information, such as geo-location information
• Audio, visual, and other sensory information, such as audio and video recordings
• Employment information, such as occupation, title, licenses and professional memberships
• Education information, such as degree and schooling information
• Individual preferences and characteristics, such as inferences related to shopping patterns and behaviors

How We Collect Information

Information You Provide: Coutart collects personal information about you when you interact with our Sites, including when you create an account, join our mailing list, make a purchase, or engage in an online chat with our customer service representatives. We also collect personal information when you make an appointment to visit, or visit us in person at, one of our locations.

If you make a purchase through our Sites, our third-party payment processor service providers may also collect billing information, such as your first and last name, email address, phone number, credit card or debit card number, and billing and shipping addresses. If you make a purchase over the phone, we will collect this personal information and share it with our third-party payment processor service providers.

Information We Automatically Collect: We may automatically collect personal information from your use of our mobile app and devices that you use to interact with our app and Sites, as well as from your interaction with emails that we send to you. The personal information we automatically collect may include your geolocation and other data, including your IP address, browser type, device type, the webpage you visited before coming to our Site, pages you visited on our Sites, time spent on those pages, information you searched for on the Sites, when and for how long you visited the Sites, and similar information, which we collect through cookies, beacons, and other technologies. The information we automatically collect will be associated with any personal information that you have provided to us.

We may use this information to provide you location-based advertisements and social media posts. We may also use this personal information for analytics purposes. You may be able to discontinue our collection of geolocation information by changing the app's settings or the location settings on your mobile device.

Information We Receive From Other Sources: We might receive personal information about you from other sources to help us correct or supplement our records, improve the quality or personalization of our service to you, prevent or detect fraud, and for other business purposes.

HOW WE USE INFORMATION WE COLLECT ABOUT YOU

We use your personal information to provide you products and services, such as to fulfill your requests for products or to help us personalize our services and marketing to you. We also use your personal information to support our business functions, such as fraud prevention, marketing, and legal functions. Some examples include:

• To fulfill your order or requests for services and provide customer service
• To create and maintain your account
• To conduct auditing and monitoring of transactions and engagement
• To conduct marketing, personalization, and third-party advertising
• To protect the security and integrity of our websites, mobile services and our business, and help prevent fraud
• To update our operational and technical functionality
• To conduct business analysis, such as analytics, projections, identifying areas for operational improvement
• To conduct research and development
• To fulfill our legal function or obligations

If you decide at any time that you no longer wish to receive marketing and promotional materials from us, please follow the unsubscribe instructions provided in any of the communications you receive from us. You may also contact us at Privacy and explain your request.

WHEN WE SHARE AND DISCLOSE PERSONAL INFORMATION

All of the categories of personal information that we collect might be shared with other companies for a business purpose. We also may share your personal information with service providers who perform services and functions on our behalf to support our interactions with you including, for example, providing our products and services, providing site operations and maintenance services, providing database management, processing your purchases, administering surveys or contests, or communicating with you.

We may share your personal information with other third parties, including law enforcement authorities, when we determine that doing so is appropriate to:

• enforce our Terms of Service;
• protect our property, services, and legal rights;
• prevent physical harm to persons or the property of others;
• prevent fraud or other illegal activity against Coutart and others;
• support auditing, compliance, and corporate governance functions;
• comply with subpoenas, court orders, or similar legal processes, including to law enforcement agencies, regulators and courts; or
• comply with any and all applicable laws.

Aggregated, Non-Identifying Information: Coutart may share aggregated information that is not individually identifiable (or personal information) with third parties for industry analysis, demographic analysis, and targeted ad delivery.

Finally, we may provide your personal information to third parties for these third parties' own marketing and other business purposes. You may opt out of our continuing to share your information for these purposes by contacting us at Privacy.

HOW COUTART USES COOKIES AND OTHER TECHNOLOGIES

When you visit our Sites, Coutart may place pieces of code, commonly referred to as "cookies," or similar technology on your devices. Coutart may begin collecting information about you or your activity on devices associated with you through cookies or similar technologies as soon as you visit our Sites. We use advertising identifiers similar to cookies in our mobile applications. By using our Sites, you permit Coutart to collect and use your personal information from activity on devices associated with you in accordance with this Privacy Policy.

Coutart uses cookies for a number of purposes: First, we use persistent cookies to save your login information for future logins to our Sites and to collect and analyze information about your online activity to help us improve our services. Second, we use session ID cookies to enable certain features of the Sites to better understand how you interact with the Sites, and to monitor aggregate use of our Sites by Coutart users. Unlike persistent cookies, session cookies are deleted from your computer when you log off of the Sites and close your browser.

We also may use "pixel tags," "web beacons," and other technologies on our Sites to collect usage, demographic, and geographic location data, which allow us to count users who have visited certain pages of the Sites, to deliver branded services, and to help determine the effectiveness of promotional or advertising campaigns.

Some internet browsers (e.g. Internet Explorer, Safari, Chrome) offer their own opt outs for interest-based advertising. The ad networks and ad service providers we participate with may not recognize these opt outs. Information about how to opt out of certain online interest-based advertising is discussed in the next section of this Privacy Policy.

THIRD-PARTY ADVERTISEMENTS

Third parties, including advertisers, may collect information, potentially including personal information, about your activities over time and across different websites when you use the Sites. Those third parties may use cookies, pixel tags, web beacons, mobile application advertising identifiers and other technologies. Those third parties may also provide Coutart with information and reports about data collection, ad response measurement, analytical information, and assist with delivery of relevant marketing messages and advertisements.

Collection of your information by third parties is not governed by this Privacy Policy. Please consult the privacy policies of those third parties to determine how they collect and use your information. Many third-party advertisers and some web browsers and mobile devices allow you to opt out of third-party advertising. Information and resources regarding how to opt out of interest-based advertising are available from the Digital Advertising Alliance at http://www.aboutads.info/choices/.

HOW TO MODIFY OR DELETE PERSONAL INFORMATION

You can request that we review, modify, and delete your personal account information by contacting us or by making edits via the "My Accounts" section of the Sites. If you request that we delete your personal information, your account may become deactivated. If you would like us to modify or delete your account information, please contact us at Privacywith a request that we delete your personal information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

If you are a California resident, please refer to the “California Privacy Rights” section for additional information on your rights under the California Consumer Privacy Act.

HOW COUTART PROTECTS PERSONAL INFORMATION

Coutart has implemented an information security program that includes administrative, technical and physical controls reasonably designed to safeguard your personal information.

BUSINESS TRANSFERS AND CORPORATE CHANGES

We reserve the right to disclose, sell, or transfer all information related to the Sites, including personal information:

• to a subsequent owner, co-owner or operator of one or more of the Sites; or
• in connection with a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; or other corporate change, including, without limitation, during the course of any due diligence process.

INFORMATION WE TRANSFER

The Sites to which this Privacy Policy applies are subject to U.S. law, unless otherwise stated in this Privacy Policy. By using the Sites or providing us with your information, you are directly transferring your information to us in the United States. In addition, we may transfer the information that we collect through the Sites to other countries where we do business. These countries may not have the same data protection laws as the country in which you reside. When we transfer personal information we collect about you to other countries, we will protect that information as described in this Privacy Policy, even though a given country may not have the same privacy and data protection laws as the country in which you reside. You agree to and acknowledge our collection, transfer, and processing of your personal information in accordance with this Privacy Policy.

CHILDREN'S PRIVACY

Our Sites are general audience sites not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.

CALIFORNIA PRIVACY RIGHTS

California Consumer Privacy Act:

If you are a California resident, you can make certain requests regarding your personal information. We will fulfill each of these requests to the extent required by law.

1. You can ask us what personal information we have about you, including a list of categories of your personal information that we have sold and a list of categories of your personal information that we have shared with another company for a business purpose.
2. You can ask us to delete your personal information.
3. You can ask that we stop selling your personal information which we do NOT do.

More information on each of these requests is below.

1. What personal information do you collect about me? If you make this request, we will return to you (to the extent required by law):
   • The categories of personal information we have collected about you.
   • The categories of sources from which we collect your personal information.
   • The business or commercial purpose for collecting or selling your personal information.
   • The categories of third parties with whom we share personal information.
   • The specific pieces of personal information we have collected about you.
   • A list of categories of personal information that we have sold, along with the category of any other company we sold it to. Any of the categories of personal information that we collect could be included in a sale to other companies, including those within our corporate family. If we have not sold your personal information, we will inform you of that fact.
     Please note that we do NOT sale your personal information.
     
   • A list of categories of personal information that we have disclosed for a business purpose, along with the category of any other company we shared it with.

You can ask us to provide you with this information up to two times in a rolling twelve-month period. When you make this request, the information provided may be limited to personal information we collected about you in the previous 12 months.

1. Delete My Personal Information: You have the right to ask that we delete your personal information. Once we receive a request, we will delete the personal information (to the extent required by law) we hold about you as of the date of your request from our records and direct any service providers to do the same. In some cases, deletion may be accomplished through de-identification of the information. If you choose to delete your personal information, you may not be able to use certain website or in-store functions that require your personal information to operate. Deleting your personal information will not cancel memberships you have purchased.
2. Stop Selling My Personal Information: We do not sell your personal information for monetary consideration. However, under some circumstances a transfer of personal information to a third party without monetary consideration may be considered a “sale” under California law. For purposes of California law, all categories of personal information, except for government identifiers, are transferred to third parties. Such transfers may be considered a sale. If you submit a request to stop selling your personal information, we will stop making such transfers. If you are a California resident, to opt-out of the sale of your personal information, click “Do Not Sell My Personal Information” at the bottom of our home page to submit your request.

We will not discriminate against you for exercising your rights. This generally means we will not deny you goods or services, charge different prices or rates, provide a different level of service or quality of goods, or suggest that you might receive a different price or level of quality for goods. Please know, if you ask us to delete or stop selling your data, it may impact your experience with us, and you may not be able to participate in certain programs or membership services which require usage of your personal information to function.

To exercise the California privacy rights described above, please click “Request My Personal Information” at the bottom of our home page.

Your California Privacy Rights — Shine the Light:

If you are a California resident, California law permits you to request information regarding the disclosure of your personal information by Coutart to third parties for the third parties' direct marketing purposes within the immediately preceding calendar year. Coutart will provide you with a list of the categories of personal information disclosed and a list of the names and addresses of the third parties. To make such a request, please write us at:

Privacy

HOW TO CONTACT COUTART

Please contact us if you have any questions or comments about our privacy practices by clicking here.