Terms of Use & Conditions

Terms of Use & Conditions

These terms and conditions ("Agreement" or "Terms") govern your use of the CheekyDivasFashion.com Website (the "Site"), any related Cheeky Divas Fashion mobile applications available to U.S. residents (the "App"), as well as any other written, electronic, or oral communications with Cheeky Divas Fashion, LLC (Cheeky Divas Fashion), or any websites, pages, features, or content that we own and operate (collectively, including the Site and App, the "Services"). You must be at least 16 years of age to use our Services.

By using our Services, you agree to these terms. If you do not agree, do not access or use our Services. Please note that this agreement includes provisions on how disputes between you and Cheeky Divas Fashion will be addressed and resolved. Specifically, it includes an agreement to arbitrate, requiring that, with limited exceptions, all disputes between you and us be resolved through final and binding arbitration. It additionally includes a waiver of class action rights and jury trial. Please read this agreement carefully.

Unless you opt out of the arbitration agreement within 30 calendar days: (1) you will only be able to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action, and you waive your right to participate in any class action lawsuit or class-wide arbitration, and (2) you waive your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

General Information

Customer Services. Cheeky Divas Fashion, LLC operates our Site and related applications. Where applicable, the terms “Cheeky Divas Fashion,” “Company,” “we,” “us,” and “our” refer to Cheeky Divas Fashion, LLC, while “you” or “your” or direct reference to you refers to the user of our Services or Site. Our Services offer an online method of allowing users in the United States to purchase products from us supplied by and through third-party sellers (“Third-Party Seller(s)”).

Term Updates. At our sole discretion, we reserve the right to modify, adjust, alter, amend, add to, or delete sections of these Terms at any time. You are responsible for reviewing these Terms for any updates each time you utilize our Services. Upon making changes, we will provide a new version of these Terms through our Services and update the 'Last Updated' date accordingly. We may also require you to affirm your acceptance of the revised Terms in a specified manner before you are allowed further use of our Services (or certain functionalities thereof). Your continued use of or access to our Services, or any engagement with SHEIN following the posting of changes, constitutes your acceptance and agreement to those changes. IF YOU DO NOT AGREE WITH ANY CHANGES MADE, YOU MUST IMMEDIATELY CEASE USING OUR SERVICES."

Additional Terms. Certain features and functionalities of our Services may be subject to additional terms and conditions, e.g., Return Policy and Gift Card Policy, which are Additional Terms incorporated into these General Information Terms by reference. If there is any conflict between these and the Additional Terms, the Additional Terms will prevail for those specific features or Services.

Use of Cheeky Divas Fashion Services

Overall Services Use. Under this Agreement, Cheeky Divas Fashion grants the Site user a limited, revocable, non-transferable, and non-exclusive license to access and use our Services exclusively for personal, non-commercial purposes, specifically for shopping for products available on our Services. This license does not extend to any commercial activities or use on behalf of third parties unless expressly permitted by us in writing beforehand. Any violation of these terms will result in the immediate termination of an account and this license without prior notice.

Use Limitations. Unless expressly authorized by us in writing, you are prohibited from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling, or otherwise exploiting our Services or any part thereof. Commercial use of any information provided on our Services or using our Services for the benefit of another business is also forbidden unless explicitly approved by us in advance. At our sole discretion and without prior notice, we reserve the right to terminate your access to accounts and our Services at any time, with or without cause. Additionally, we may periodically restrict access to certain parts or features of our Services, including but not limited to uploading documents, making payments, or sending messages.

You are prohibited from uploading, distributing, or publishing through our Services any content or material that (a) infringes on the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or otherwise may result in civil or criminal liability under local or international law; or (c) contains any malicious or technologically harmful code, including bugs, logic bombs, viruses, worms, trap doors, Trojan horses, or other harmful components.  Additionally, you agree,

• Not to use our Services at any time for any unlawful purposes or in a way that could violate any applicable federal, state, local, or international law or regulation, the rights of Cheeky Divas Fashion, or the rights of any third party.

• Do not engage in any conduct that restricts or inhibits anyone’s use or enjoyment of our Services or which, as we determined, may harm us or other people using our Services or expose them or us to liability.

• Not to use our Services in any way that could disable, overburden, damage, or impair the Site or App or any other party’s use of our Services.

• Not to use any robot, spider or other manual or automated device, process, software or means to index or access our Services for any purpose.

• Not to use our Services for distribution of unsolicited promotional or commercial content, or to solicit other persons using our Services for any commercial purposes; or

• Not to attempt to interfere with the proper working of the Service.

Creation and Terminating Your Account. To access certain features or services on our Site, you must create a user account ("User Account"), which includes setting up a password or other required authentication method. You are prohibited from using another person’s account or password.

You are solely responsible for maintaining the confidentiality of your User Account, including your password and any other authentication details, and for all activities under your account. We are not liable for any loss, theft, or fraudulent use of your User Account. You agree to notify us immediately of any unauthorized use of your account, password, or any other breach or potential breach of the security of the Site or App. You confirm that you will only use your User Account and authentication credentials when accessing and using our Services.

By creating a User Account, you acknowledge that we may occasionally send you promotional or marketing emails and other communications. If you prefer not to receive these messages, you can unsubscribe at any time using the link provided in those emails or following similar instructions.

We reserve the right to suspend or terminate your User Account and cancel any orders at our discretion, mainly if we believe your actions violate applicable laws or are detrimental to our interests. If your User Account is terminated due to a violation of these Terms and Conditions or for any other inappropriate conduct, you agree not to attempt to re-register or access our Services using a different username or account or by any other means.

You may terminate your User Account at any time by following the instructions provided within the Site or App or by contacting us as detailed in the "Contact Us" section below. Please note that if you have accumulated promotional items, such as coupons or points, when your account is terminated or canceled, you may lose access to those benefits unless otherwise required by applicable law.

To the fullest extent permitted by law, we will not be liable for any suspension or termination of your User Account.

 Gift Cards. We may periodically offer Electronic Gift Cards (ECGs). If you purchase an EGC, you can check your gift card balance by visiting the designated section of our Website and entering the gift card number, PIN, or other required identifier. The balance on your gift card reflects the remaining value after any amounts have been redeemed for purchases. Gift cards are governed by the terms and conditions specified on our Site, which are incorporated into these Terms by reference.

Any EGCs provided to you as part of a promotion will be marked as such and may be subject to expiration or cancellation according to the specific terms of the promotion. EGCs can only be redeemed on the website where they were purchased or provided (e.g., if an EGC was purchased or issued through us, it can only be used on our Site). Gift cards are solely for purchasing our products and cannot be used for any other type of transaction.

Interaction With Individuals and Entities. When engaging with others through our Services, you should exercise caution and common sense to safeguard your safety and property, just as you would when dealing with unfamiliar individuals in any other context. You are solely responsible for interacting with any parties you engage with through our Services. While we reserve the right, at our discretion, to assist in resolving disputes between you and other users, we are not obligated to do so.

By using our website, you agree that neither we nor any of our employees, agents, or affiliates are responsible for the conduct of any third party or other users, whether online or offline. We make no representations or warranties regarding your interactions with other users or third parties. Furthermore, you agree that neither we nor any of our employees, agents, or affiliates will be liable for any claims, injuries, or damages arising from your interactions with third parties or other users or from your use of, or inability to use, any items purchased through our Services.

This disclaimer extends to any loss, damage, or harm incurred due to your reliance on information provided by others through our Services or our failure to act in response to such interactions.

Requirement for Accurate Information. Using our Website and Services, you agree to provide valid, complete, and accurate information as required during the purchase process. You are responsible for ensuring the accuracy of all provided data, including names and addresses for shipping and payment. Any errors or omissions in this information that result in shipment delays or cancellations will not impose any liability on us, our affiliates, vendors, or associates, and we will not be obligated to offer any compensation.

You further authorize us, our agents, and affiliates to make statements, submit, amend, and invalidate all necessary or useful declarations and documents on your behalf to facilitate the fulfillment of goods ordered by you, whether in your name or through your User Account. This authorization includes, but is not limited to, the power to initiate and receive service and deliveries, request refunds of levies, taxes, and fees related to the handling of goods, and engage in administrative appeals, court proceedings, enforcement actions, and other legal remedies.

We are also authorized to file applications, complaints, and other necessary documents with public authorities, courts, and other institutions and to withdraw and/or waive legal remedies and appeals against judgments, orders, arbitral awards, payment orders, or any other orders or decisions. Additionally, you grant us the authority to receive any monies, valuables, and documents associated with purchasing, shipping, or delivering products you have ordered or facilitated through our Services.

This authorization is granted with the understanding that we, our agents, and affiliates will act by applicable laws and regulations, and you agree that any actions taken under this authorization are binding upon you. To the fullest extent permitted by law, you waive any claims against us for any actions taken within the scope of this authorization, and you agree to indemnify and hold us harmless from any liabilities arising from the exercise of these powers.

Privacy Policy

• See our separate Privacy Policy.

Errors

While we make every effort to ensure the accuracy of the information provided on our Services, errors, inaccuracies, or omissions may occur, including those related to pricing, product descriptions, availability, and promotional offers. We reserve the right to correct errors, inaccuracies, or omissions and modify or update information at our discretion. This includes the right to cancel or modify orders if any information on our Services is inaccurate, even after an order has been submitted, and without prior notice to you.

If we or a vendor cancel all or part of your order due to such errors or inaccuracies, you will be notified promptly, and we will issue a refund for the canceled items by our refund policies. We disclaim any liability for any inconvenience or loss you may experience due to such cancellations or corrections. To the fullest extent permitted by law, you agree that our decision to cancel or modify an order is final and binding.

By using our Services, you acknowledge and accept that the information provided on our platform is subject to change without notice and that we are not liable for any errors or omissions that may affect your order. You also agree to indemnify and hold us, our affiliates, and vendors harmless from any claims or damages arising from such errors, inaccuracies, or order cancellations.

Purchases

Prices and Orders. All listed product prices are exclusive of shipping charges, local sales and use taxes, and any other applicable taxes or fees, which will be calculated and charged separately based on the requirements of the state to which your order is being delivered. Additionally, any regulatory fees mandated by the delivery state will be applied and charged separately, if applicable.

All prices are in U.S. dollars and are subject to change anytime. However, except as otherwise provided herein, such changes will not affect orders for which an order confirmation email has already been sent to you.

For payments, credit card transactions are subject to verification and authorization by the card issuer. If you purchase your User Account, your purchase and order history will be available in the designated section of your account. By clicking the designated link(s) associated with an order, you are making an offer to purchase the selected products, and the acceptance of that offer is at the sole discretion of our vendor or supplier. Confirmation of acceptance, if any, will be communicated to you via an order confirmation email.

Suppose you identify an error in your order after completing the payment process. In that case, you must immediately contact us using the email provided at the end of this policy to rectify the error. Failure to promptly report such errors may limit our ability to correct them, and we shall not be held liable for any issues arising from unreported errors.

By purchasing, you acknowledge and agree that the final price, including all applicable taxes, fees, and shipping costs, will be displayed before you complete the transaction. Any discrepancies or issues related to pricing, taxes, or fees must be resolved before the completion of the order, as we, our staff and our suppliers will not be responsible for any claims arising from such matters post-purchase.

Colors. We strive to represent the colors of our products on our Services as accurately as possible. However, the colors displayed on your screen depend on your monitor settings and other technical factors beyond our control. As a result, we cannot guarantee that the colors you see on your monitor will precisely match the color of the product you selected for purchase.

By using our Services, you acknowledge and accept that color variations may occur and that such discrepancies do not constitute grounds for a claim, return, or refund beyond what is allowed by our standard return policy. To the fullest extent permitted by law, we disclaim any liability for any differences between the perceived color on your monitor and the actual product color.

Shipping. The shipping origin of products varies but is predominantly from within the US. For greater details on shipping, please review our Shipping Policy.

Product Returns. Returns of items purchased will only be accepted by our Return Policy. Refunds may only be done using the process outlined in the Return Policy. Refunds may be credited to your User Account or provided using the original payment method at your election. For more information, please review our Return Policy.

Disputes and Third Parties. To the fullest extent permitted by applicable law, we explicitly disclaim any and all liability arising from interactions or disputes between you and any Third-Party vendors. Our Services function solely as a platform to facilitate the purchase of products offered by Third-Party vendors. Should you have a dispute with any third party, you agree to release and hold harmless us, our parent company, subsidiaries, affiliates, and all of their respective officers, directors, employees, investors, agents, partners, and licensors from any claims, demands, or damages (whether actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If you are a resident of California, you at this moment waive the provisions of California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” This waiver is intended to release any and all claims you may have against us, even if you are unaware of those claims when you agree to this release.

However, this release does not apply to any claims, demands, or losses, including but not limited to personal injuries, death, or property damage, arising from any unconscionable commercial practice, fraud, deception, false promises, misrepresentation, or the concealment, suppression, or omission of any material fact in connection with our Services by any party. Any such claims are expressly excluded from the foregoing release.

By using our Services, you acknowledge and agree to the limitations of liability and release provisions stated herein and understand that they represent a voluntary relinquishment of rights that may otherwise be available under applicable law.

Intellectual Property and Ownership 

Content: Our Services, including all features and materials, such as text, logos, software, scripts, data compilations, graphics, photographs, sounds, music, videos, and interactive features provided as part of our Services, collectively constitute “Content.” The design of any products offered through our Services may also be considered part of this Content. This Content may be owned by us or third parties and is protected by copyright, trademark, and other intellectual property laws.

Your access to and use of the Content is strictly limited to the permissions granted under these Terms. Except as expressly authorized by us in writing, you may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any purpose without our prior written consent or that of the respective rights holders.

By using our Services, you acknowledge and agree that any unauthorized use of the Content may violate intellectual property rights and could result in civil or criminal penalties. We reserve the right to enforce our intellectual property rights to the fullest extent of the law.

Trademarks and Other Marks. The trademark Cheeky Divas Fashion and other trademarks, service names, logos, designs, phrases, page headers, button icons, and scripts used by us in connection with our Services are collectively called "Marks." These Marks are protected under trademark and other intellectual property laws in the United States and other countries. No right, title or interest in any of the Marks is transferred to you, and all rights not expressly granted are reserved. You are strictly prohibited from using the Marks without our express written permission.

Any other trademarks that appear in connection with products offered through our Services but are not owned by us are the property of their respective owners. These owners may not be affiliated with, connected to, or sponsored by us. The appearance of these Marks on our Services does not necessarily imply any affiliation with endorsement by or ownership of any intellectual property rights by us in the products offered for sale.

By using our Services, you acknowledge and agree that unauthorized use of any of the Marks may constitute a violation of intellectual property laws. We reserve the right to enforce our rights to the fullest extent permitted by law.

Reserved Rights. The content available on our Site is provided exclusively for personal, non-commercial use. You are expressly prohibited from downloading, copying, reproducing, distributing, transmitting, broadcasting, displaying, performing, publishing, selling, licensing, creating derivative works from, or otherwise exploiting any Content, software, products, or services offered on our Site without obtaining our prior written consent or the consent of the respective content owners. Any use of the Content for commercial purposes, including but not limited to advertising, revenue generation on your website, social media accounts, or any other form or medium, is strictly prohibited.

By submitting any questions, comments, suggestions, ideas, feedback, or other information about our Services, you automatically grant to us, and any of our affiliates, associates, successors, or assigns, an unrestricted, worldwide, perpetual, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such submissions in any medium and for any purpose. You acknowledge and agree that these submissions are non-confidential and may be reviewed and monitored by us at any time.

You further agree not to attempt to circumvent, disable, or otherwise interfere with any security features of our Site, including but not limited to features that prevent or restrict the use or copying of any Content or enforce limitations on the use of our Services or the Content therein. We and our licensors reserve all rights not expressly granted to you in and to the Content.

Comments and Submissions. Unless explicitly stated otherwise in this Policy, other policies, or elsewhere on our Site, any content you submit or post in connection with our Services, including, but not limited to, images, videos, information, ideas, know-how, techniques, questions, reviews, comments, and suggestions hereafter collectively referred to as "Submissions," will be considered non-confidential and non-proprietary, except where our Privacy Policy governs such Submissions. By making any Submissions, you agree to grant us an irrevocable, royalty-free, worldwide, perpetual, and transferable license to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions, by any means and in any form. This license also includes the right to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. In addition, you now grant to us, our affiliates, assignees, or successors in interest, a non-exclusive, worldwide, perpetual, royalty-free, warranty-free, and irrevocable license to duplicate, use, or incorporate all your Submissions for any purpose. Furthermore, by posting comments or reviews related to our Services or on our Site, you authorize us to use the name associated with your review or comment, if any, in connection with such content. You represent and warrant that all Submissions you provide are accurate and that you have all necessary rights, licenses, and authorizations to upload and submit such content and to grant the rights and licenses detailed herein. You agree to defend, indemnify, and hold us harmless against any claims, damages, or losses arising from our authorized use of your Submissions.

Additionally, you are strictly prohibited from posting images of yourself or others under the age of 18 on our Site or any Sites related to our Services.

We reserve the right but have no obligation to remove or edit any Submissions, including comments or reviews, at our sole discretion and for any reason.

User-Generated Content Terms. When you transmit, post, upload, share, or otherwise contribute any content, including Submissions, to our Services or Site, such content will be classified as user-generated content ("UGC") if it is visible to or accessible by other visitors, users, or platforms. By accepting these Terms, you agree that you will not submit or share any UGC that could reasonably be considered to:

• Disclose another person’s personal information in a manner that violates federal or state law or otherwise could be construed as harassment.

• Contain sexually explicit or pornographic material.

• Include profanity, vulgar language, or similar inappropriate content.

• Promote or incite derogatory, discriminatory, or hateful comments against any individual or group based on race, national or ethnic origin, color, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or any criminal conviction that has been pardoned or is subject to a record suspension.

• Incite violence or dangerous activities.

• Promote or support terrorism or other criminal activities.

• Include insensitive or offensive comments about natural disasters, atrocities, health crises, deaths, conflicts, or other tragic events.

• Engage in or promote harassment, bullying, or threats.

• Promote dangerous products, illicit drugs, or inappropriate use or sale of tobacco and/or alcohol.

• Contain spam, including unsolicited advertisements or repetitive content.

• Spread false or misleading information, particularly about products or services available for purchase on our Site.

• Engage in transactions involving cryptocurrencies.

• Make false or unsubstantiated medical claims.

• Infringe upon any intellectual property rights.

• Include content you do not have the legal right or authorization to share, post, or display.

• Contains any other illegal, offensive, or restricted material under applicable laws or regulations.

You further acknowledge and agree that we retain the right, at our sole discretion, to remove, block, or restrict any UGC that we determine violates the above criteria. Posting UGC in violation of these Terms may result in suspending or terminating your access to all or part of our Services, your User Account, or our Site.

By accepting these Terms, you acknowledge and agree only to post UGC appropriate for a general, family-oriented audience. You also understand and agree that we are not obligated to actively monitor or review UGC before its display on our Site or Services. Therefore, you are solely responsible for the content you choose to post.

External Entity Links and Resources. Our Services or Site may include links to third-party websites or platforms not owned, controlled, or operated by us. Any references on our Site, or in any of our applications, to names, marks, products, or services of third parties or links to third-party websites or information are provided solely for your convenience and do not constitute an endorsement, sponsorship, or recommendation of the third party, or its information, products, or services by us.

We do not have any control over and assume no responsibility for the content, privacy policies, terms, or practices of any third-party websites or services, including but not limited to any third-party social media or mobile app platforms that may interact with our Services or Site. We expressly disclaim any liability for any operator's actions, omissions, or policies of such third-party sites or platforms. Your use of any third-party site or platform is at your own risk and will be governed by the terms and conditions and the privacy policies of those third parties.

We make no representations or warranties regarding the accuracy, completeness, or timeliness of any content posted on our Services or Site by anyone other than us. You acknowledge that any reliance on content from third parties is at your own risk, and we strongly advise you to thoroughly review all applicable third-party terms and conditions and privacy policies before interacting with any such third-party site, platform, or content.

Text (SMS) Messaging

General terms & disputes. Text messaging as a communication method is governed by these comprehensive Terms, which include provisions that dictate how disputes between you and us will be resolved. This consists of a mandatory arbitration clause that requires you to submit any claims against us—including, but not limited to, claims related to text messages you receive from us—to binding arbitration, subject to certain limited exceptions.

Messaging Frequency and Changes. The frequency of messages you receive from us may vary and is subject to change at any time, including in response to your interactions with our Services or Site. We reserve the right to adjust the frequency of these messages at our discretion.

Messaging Assistance. For assistance with text messaging, you may respond to the message received with the appropriate keyword, short code, or number provided or contact us directly using the information listed at the end of this Policy.

You are opting Out of Messaging. You may opt out of receiving SMS/MMS text messages from us at any time by responding with the keyword indicated in the message you received, such as "STOP," or by contacting us via the email address provided at the end of this Policy. Upon opting out, you may receive one additional message confirming the processing of your request. Please note that we may change the short code or phone number used for messaging, and you will be notified accordingly. Any messages you send to a previous or outdated short code or number may not be received, and we are not responsible for honoring such requests sent to an obsolete address or number.

Message and Data Rates. Standard message and data rates may apply to any messages you send or receive. We encourage you to consult with your wireless provider if you have questions about your text or data plan and associated fees.

Your Responsibilities Regarding Phone Numbers. By providing your mobile telephone number, you represent that you are either the account holder or the customary user of that number. If you change or deactivate your number, you are responsible for promptly notifying us to prevent any potential miscommunication. Our vendors and any involved wireless carriers are not liable for any failed, delayed, misdirected, or undelivered messages.

Suspension or Termination of Text Messaging. Your use of our text messaging services, including the receipt of automated marketing messages, may be suspended or terminated if we determine that you breach these Terms. Additionally, receiving such messages will automatically terminate if your mobile phone service is terminated or lapses. We reserve the right to modify, suspend, or permanently discontinue all or any part of our text messaging services, with or without prior notice to you.

Privacy and Contact Information. For questions about the privacy of your messaging interactions, please refer to our Privacy Policy. Should you have any other inquiries, please contact us using the information provided at the end of this Policy.

Events We Do Not Control

We shall not be held liable for any failure to perform, or delay in the performance of, any of our obligations under these Terms or any other contracts when such failure or delay is due to circumstances beyond our reasonable control ("Force Majeure"). Force Majeure shall include, but is not limited to, any act, event, omission, or accident that is beyond our reasonable control, including, without limitation, the following:

• Labor Disruptions: Strikes, lockouts, industrial actions, or organized or unorganized labor protests.

• Civil Disturbances: Civil unrest, riots, revolts, invasions, acts of terrorism or threats, war (whether declared or not), or threats or preparations for war.

• Natural Disasters: Fire, explosions, storms, floods, earthquakes, landslides, subsidence, epidemics, pandemics, or other natural disasters.

• Transportation Disruptions: Inability to access or use trains, ships, aircraft, motorized vehicles, or any other means of public or private transportation.

• Telecommunication Failures: Inability to access or use public or private telecommunications networks or systems, including internet disruptions.

• Governmental Actions: Any acts, decrees, legislation, regulations, or restrictions imposed by any government, public authority, or supranational bodies.

• Infrastructure Failures: Failures or accidents affecting maritime or river transport, postal services, or any other means of transport.

• Supply Chain Disruptions: Shortages of essential goods, materials, or services necessary for the performance of our obligations caused by force majeure events.

It is understood that our obligations under the Terms or any other contracts will be suspended for the duration of the Forced Major event. The period for performing such duties will be extended for a duration equal to the length of the Force Majeure event plus an additional grace period of ninety (90) days.

In our sole discretion, we shall use all reasonable efforts and resources to mitigate the effects of the Force Majeure event and find alternative means to perform our obligations under the Terms, if possible. However, in no event shall we be required to settle any labor dispute or take any other action that is not in our best interest.

Notice of Force Majeure: Should a Force Majeure event occur, we will notify the affected parties as soon as reasonably practicable, detailing the nature of the event, its expected duration, and any potential impact on our ability to perform our obligations.

Force Majeure Limitation: If the force majeure event continues for an uninterrupted period of more than six (6) months, either party may terminate the affected contract(s) without liability by providing written notice to the other party.

No Waiver: Our failure to perform any obligation due to Force Majeure shall not be deemed a waiver of our right to enforce any other term or condition under the Terms or any other contracts.

Limitation of Liability

Damages Disclaimer. Concerning limitation of liability, you expressly acknowledge and agree that, to the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, officers, employees, agents, or licensors be liable for any of the following types of damages, whether in an action under contract, warranty, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages:

• Indirect or Consequential Damages: Indirect, incidental, special, exemplary, punitive, or consequential damages.

• Loss of Profits or Revenue: Any loss of profits, revenue, income, sales, or anticipated savings.

• Data Loss: Any loss, theft, or corruption of data.

• Business Interruptions: Damages or costs resulting from loss of business, loss of production or use, business interruption, loss of management time, or loss of opportunities.

• Contractual Losses: Loss of contracts, goodwill, or business relationships.

• Replacement Costs: Costs incurred for procuring substitute goods or services.

• Unauthorized Access: Damages from unauthorized access to, loss of, or alteration of your transmissions or data.

• Third-Party Conduct: Any claims related to statements, conduct, or actions of any third party, including other users or third-party sellers on our services.

• Other Losses: Any other losses or damages arising from or related to your use or inability to use our Services, or any other matter related to our Services.

Monetary Cap on Liability. Unless expressly stated otherwise in these Terms, to the fullest extent permitted by law, our total aggregate liability to you for any claims arising out of or related to these Terms, our Services, or any product purchased through our Services shall not exceed the greater of:

• The purchase price of the product giving rise to the claim; or

• Fifty U.S. Dollars ($50).

Essential Bargain. The limitations of damages outlined in this section are fundamental elements of the basis of the bargain between you and us. You acknowledge and agree that we could not provide our Services on an economically reasonable basis without such limitations.

Applicability of Exclusions. The limitations of liability and disclaimers of damages outlined in this section shall apply to all claims, including but not limited to those arising from fraud, fraudulent misrepresentation, negligence, or personal injury to the fullest extent permitted by law. These exclusions apply except in jurisdictions that do not allow such limitations; in such cases, our liability shall be limited to the maximum extent permitted by applicable law.

Severability of Provisions. Suppose any provision of this Limitation of Liability is found unenforceable in any jurisdiction. In that case, that provision shall be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

Disclaimers Related to Warranties.

We are listing Information. Listing information provided on our Services is offered on an “as is” basis. Given the open nature of our Services and the inherent risks associated with the storage and transmission of digital information, we make no representations or warranties regarding the accuracy, completeness, or security of any information transmitted or obtained through our Services, except where expressly indicated otherwise on our Services.

Product Descriptions. All product descriptions, information, and materials displayed on our Services are provided “as is” without express or implied warranties or conditions, except those that cannot be excluded under applicable law.

Obligations for Products Sold by Us. When you purchase a product directly from us through our Services or Website, we commit to the best of our ability and, as we have determined, to deliver the product in conformity with the mutually intended transaction and by commercially reasonable expectations. Goods will be considered in conformity with the transaction or intended purchase if they:

• Comply with the description provided by us and possess the qualities we have presented on our Site,

• Are fit for the purposes for which goods of this type are typically used and

• Exhibit the quality and performance that are normal for goods of the same type and can reasonably be expected, as determined by us.

Exclusion of Warranties. To the fullest extent permitted by law, we expressly exclude and disclaim all warranties and conditions, whether express or implied, concerning products sold by us, except those that cannot be excluded by law. This includes, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.

Third-Party Products. We do not make any warranties regarding products offered or sold by Third-Party sellers. We expressly disclaim all warranties, representations, and conditions of any kind concerning products offered or sold by Third-Party sellers, including but not limited to,

• Any implied warranties or conditions of merchantability, fitness for a particular purpose, and non-infringement,

• If you purchase a product from a Third-Party seller through our Services, you understand, agree, and assume all risks associated with such a purchase. We do not warrant that any products offered or sold by Third-Party sellers, particularly those outside of direct purchases via our Site, will meet your expectations, be delivered promptly, or conform to the description in the product listing.

• We make no warranty regarding the quality of any such products.

Service Disclaimer. By using our Services or Site, you acknowledge and agree that we provide our Services, including the Site or App, on an “as is,” “as available,” and “with all faults” basis, without any warranty of any kind, whether express or implied. Without limiting the preceding, and to the extent permitted by law, we expressly disclaim any warranties and conditions relating to our Services, including but not limited to:

• Any warranties or conditions of merchantability, title, accuracy, completeness, legality, uninterrupted or error-free service, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of the course of dealing or trade usage,

• We make no promises concerning and expressly disclaim all liability for (1) products, services, information, programming, and anything else provided by a third party that is accessible to you through our Services or (2) the quality or conduct of any third party you encounter in connection with your use of our Services.

• Your sole and exclusive remedy for dissatisfaction with our Services is to stop using our Services.

Jurisdictional Limitations. Some jurisdictions may not allow limitations on implied warranties or the exclusion of liability for certain types of damages. As a result, the above limitations and exclusions may not apply to you in part or part. However, you agree that our liability in such jurisdictions shall be limited to the extent permitted by applicable law and no more significant than the abovementioned amount.

Disputes and Arbitration Agreements

Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you agree that any dispute, claim, or disagreement of any nature arising out of or relating in any way to your access to or use of our Site, App, Services, or this Agreement, including any prior versions of the Agreement and any claims or disputes that arose between us before the effective date of this Agreement (each, a “Dispute”), shall be resolved exclusively through binding arbitration, rather than in court. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and is intended to be interpreted as broadly as possible to encompass all disputes or claims between the parties. Notwithstanding the preceding, (i) both parties retain the right to assert claims or seek relief in small claims court if such claims qualify and remain in small claims court, and (ii) both parties may seek equitable relief in court for infringement or other misuse of intellectual property rights, including but not limited to trademarks, trade dress, domain names, trade secrets, copyrights, and patents.

Waiver of Jury Trial and Court Proceedings. By entering into this Arbitration Agreement, you now waive any constitutional and statutory right to sue in court and have a trial before a judge or jury. Instead, you elect that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as expressly provided above. There is no judge or jury in arbitration, and court review of an arbitration award is subject to minimal review. Discovery rights are typically more limited in arbitration than court, and the procedures are usually more streamlined.

Class Action Waiver. You agree that all disputes between you and us must be resolved on an individual basis, not on a class, collective, representative, or mass action basis. The parties waive all rights to have any Dispute brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis. Only individual relief is available, and disputes of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and to the extent necessary to provide relief warranted by that party’s claim. To the extent permissible by law, there shall be no right or authority for any dispute to be arbitrated as a representative action or as a private attorney general action, including but not limited to claims brought under the California Private Attorney General Act of 2004, Cal. Lab. Code § 2698, et seq. This means you may not seek relief on behalf of any other parties in arbitration. Suppose a court decides by final decision that any part of this Class Action Waiver is invalid or unenforceable as to a particular claim or request for relief. In that case, that claim or request for relief shall be severed and pursued in a court of competent jurisdiction, while the remaining Disputes shall be arbitrated. This paragraph does not prevent either party from participating in a class-wide settlement of claims.

Informal Dispute Resolution. Both parties agree to attempt to resolve any Dispute informally before arbitration. Before initiating arbitration (or a small claims court action), the party intending to begin a Dispute must provide the other party with written notice of its intent to initiate an Informal Dispute Resolution Conference. This conference shall occur within 45 days of receipt of the notice unless an extension is mutually agreed upon. The meeting will be conducted telephonically or via videoconference, and if counsel represents you, your counsel may participate, but you are required to participate as well. Engaging in this Informal Dispute Resolution Conference is a condition precedent that must be fulfilled before commencing arbitration. During the conference, both parties agree to engage in reasonable faith efforts to resolve the Dispute informally. The statute of limitations and filing fee deadlines shall be tolled during the Informal Dispute Resolution Conference process.

Binding Arbitration Procedures. If the Informal Dispute Resolution process does not resolve the Dispute satisfactorily within sixty (60) days of receipt of the notice, either party may then proceed to arbitration. The arbitration will be conducted by JAMS, subject to its Streamlined Arbitration Rules and Procedures or Comprehensive Arbitration Rules and Procedures, depending on the amount in controversy. The parties shall comply with the applicable JAMS Arbitration Rules, including the JAMS Consumer Arbitration Minimum Standards of Procedural Fairness. If JAMS cannot arbitrate, the parties will select an alternative arbitral forum. The arbitration will take place in the parish of our official business operations in the State of Louisiana.

Batch Arbitration Process. To promote efficiency, if there are twenty-five (25) or more individual arbitration demands of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations within a thirty (30) day period, JAMS shall administer the arbitration demands in batches of 100 Requests per batch, with one arbitrator per batch and one consolidated arbitration process per batch. The arbitrator in each batch will issue a final award for that batch. The parties agree that Requests are of a “substantially similar nature” if they arise from the same event or factual scenario and raise similar legal issues. If the parties disagree on applying this Batch Arbitration process, the matter shall be resolved by a designated Administrative Arbitrator appointed by JAMS, whose decision shall be final.

Exclusive Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including those relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except for Disputes regarding the enforceability of the Class Action Waiver, the payment of arbitration fees, whether a condition precedent to arbitration has been met, or which version of the Arbitration Agreement applies, which a court of competent jurisdiction shall decide. The arbitrator shall issue a written award and statement of decision, which shall be final and binding and may be enforced in any court of competent jurisdiction.

Right to Opt Out. You can opt out of this Arbitration Agreement by providing written notice within thirty (30) days of first becoming subject to it. Your opt-out notice must be sent to our contact email and include your name, address, email address, and a statement that you wish to opt out of this Arbitration Agreement. Opting out will not affect any other parts of the Agreement and will not affect any prior or future arbitration agreements you may have with us.

Severability and Survival. If any part of this Arbitration Agreement is found unenforceable or invalid under the law, the remaining parts shall remain in full force and effect. Any Dispute not subject to arbitration shall proceed before the state or federal courts in the State of Louisiana, except for small claims court actions, which may be brought in the State of Louisiana and parish of our operations.

Changes to Arbitration Agreement. We reserve the right to make material changes to this Arbitration Agreement. You agree to review any such changes on our website. Unless you reject the changes within thirty (30) days of their effective date, your continued use of our Site, App, or Services, including the acceptance of products and services offered, constitutes your acceptance of the changes. Opting out of a future change to this Arbitration Agreement does not negate any prior approval of an earlier version unless you had validly opted out.

Relevant Terms

Entire Agreement & No Waiver. These Terms, our Privacy Policy, and any other legal notices and policies published on our Site, or any current App constitute the entire agreement between you and us concerning our Services and supersede all prior terms, agreements, discussions, and writings regarding our Services. If any provision of these Terms is unenforceable, that provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. No term of these Terms shall be deemed a further or continuing waiver of such or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent. Any attempted assignment or transfer without complying with the preceding will be void. We may freely assign or transfer this Agreement at our discretion. This Agreement is to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.

Severability. Suppose any portion of this Agreement is held invalid or unenforceable by a court of competent jurisdiction. In that case, that portion shall be construed to reflect, as nearly as possible, the parties' original intention. The remaining portions of the Agreement shall remain in full force and effect.

Applicable Law. These Terms, along with your use of our Services and the purchase of products through our Services, shall be governed by the laws of the State of Louisiana, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both parties agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in the parish of our operations in the State of Louisiana. You are responsible for providing us with a valid and current e-mail address where required. If the e-mail address you provided is invalid or incapable of delivering notices, our dispatch of the e-mail containing such notice will nonetheless constitute adequate notice. You may give us notice using our email at the end of this document. Such notice shall be deemed given when received and reviewed by us or our legal counsel as agent for service of process.

Electronic Communications. Communications between you and us may occur via electronic means, whether you visit our Services or send us e-mails, or whether we post notices on our Site or communicate with you via e-mail. For contractual purposes, you (a) consent to receive communications from us in an electronic form and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we electronically provide to you satisfy any legal requirement that such communications would satisfy if it were in writing. The preceding does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq.

Indemnification. You agree to release, indemnify, and defend the Company and its subsidiaries, affiliates, related companies, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to (1) your use of our Services and Site; (2) your conduct or interactions with other users of our Services, including any Third-Party Sellers; and (3) your breach of these Terms. We will notify you promptly of any such claim and provide you (at your expense) with reasonable assistance in defending the claim. It would be best if you allowed us to participate in the defense and may not settle any such claim without our prior written consent. We reserve the right, at your expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us. This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation, or concealment, suppression, or omission of any material fact in connection with our Services provided hereunder as defined by us.

Interpretation. In construing or interpreting these Terms, the section headings are provided for convenience only and shall not affect the interpretation of any provision.

 Consumer Complaints. By California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at their address or by telephone at (800) 952-5210 or the current operational number.

Infringement of Intellectual Property

Notice of Infringement

We are committed to respecting the intellectual property rights of others, just as we expect others to respect ours. Suppose you believe that material available on or linked to our Services infringes upon your copyright, trademark, or other intellectual property rights. In that case, you may submit a formal complaint using the contact information provided at the end of this document. To ensure your notice is adequate and complies with applicable law, it must include the following elements:

Authorized Signature. A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that has been allegedly infringed.

Identification of Infringed Intellectual Property. Identify the intellectual property you claim is being infringed. This includes, where applicable, the registration number and country of registration for the copyright, trademark, patent, or other intellectual property right in question.

Details of the Infringing Material. Provide sufficient detail to locate the material claimed to be infringing. This should include the material's specific location (e.g., URL) on our Site or App.

Design Patent Details (if applicable). If a design patent is at issue, identify the one you claim has been infringed, along with the registration number.

Utility Patent Details (if applicable). If a utility patent is at issue, identify the one you claim has been infringed, including any relevant court orders or judgments supporting your claim.

Contact Information. Please include your full legal name, company affiliation (if any), mailing address, telephone number, and email address so we can reach you promptly.

Statement of Good Faith. A statement by you that you have a good-faith belief that the use of the allegedly infringing material is not authorized by the intellectual property owner, its agent, or the law.

Accuracy and Authorization Statement. A statement made under penalty of perjury that the information in your notice is accurate and that you are the intellectual property owner or authorized to act on the owner’s behalf.

Upon receipt of a notice complying with these requirements, we reserve the right to take any or all of the following actions: remove or disable access to the material, disable any links to the material, notify the party accused of infringement, and terminate the access of any user or Third-Party Seller who repeatedly infringes intellectual property rights, as stated in this Agreement or our policies.

Counter-Notice Requirements

If you believe that material you posted on our Site or Services was removed or disabled due to a mistake or misidentification, you may file a counter-notification with us. Your counter-notification must comply with the Digital Millennium Copyright Act (“DMCA”) and must include substantially the following:

Your Authorized Signature. A physical or electronic signature.

Identification of Material. Identify the material that has been removed or to which access has been disabled and specify where it appeared before it was removed or disabled.

Your Contact Information. Provide sufficient information to contact you, including your name, mailing address, telephone number, and email address.

Statement of Good Faith. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled due to a mistake or misidentification.

Jurisdiction and Service Consent. A statement that you consent to the jurisdiction of the Federal District Court in the State of Louisiana and that you will accept service of process from the person who provided the original complaint or an agent of that person.

Once a valid counter-notification is received, we may, at our discretion, restore the removed material or re-enable access to it within 10 to 14 business days unless the complaining party notifies us that they have filed a lawsuit seeking a court order to prevent the material from being restored.

Please note that misrepresenting non-infringement may result in liability for damages, including costs and attorneys’ fees. We reserve the right to reject any counter-notifications filed in bad faith, or that do not comply with these requirements.

Contacting Us

Our business interests depend on providing quality service to those using our Site and our Services. We are happy to communicate about our operations and welcome your comments and questions. You may contact us at any time using our email: support@cheekydivasfashion.com.