Terms of service
Printemps America, Inc. Terms of Service
Last Updated & Effective Date: March 21, 2025
I. AGREEMENT TO TERMS
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Printemps America, Inc. ("PAI," "we," "us," or "our") governing your use of all websites owned or controlled by Printemps America, Inc. that post a link to these Terms, including Printemps New York , Café Jalu , Red Room Bar , Salon Vert , and Maison Passerelle . By accessing or using any of these websites or the products or services we offer (collectively, the “Services”), you agree to be bound by these Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, in our sole discretion, to make changes or modifications to these Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Services after the date such revised Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
II. USER ACCOUNTS & COMMUNICATIONS
a. User Accounts. Users may, but are not required to, create an account to access certain features, such as rewards programs. If you create an account, you are responsible for maintaining its confidentiality and all activities under your login.
b. Newsletter & Communications. Users may sign up for newsletters and email updates. You can unsubscribe by following the instructions in the emails.
c. Account Termination. To delete or terminate an account, please email clientservicesnewyork@printemps.com .
b. Newsletter & Communications. Users may sign up for newsletters and email updates. You can unsubscribe by following the instructions in the emails.
c. Account Termination. To delete or terminate an account, please email clientservicesnewyork@printemps.com .
III. Privacy Policy
We care about data privacy and security. Please review our Privacy Policy . By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
IV. PURCHASES, SHIPPING, AND RETURNS
a. Agreement to Policies. By making a purchase through our websites, you agree to our Shipping & Return Policies , which may be updated at our discretion.
b. Payment Processing. All transactions are processed through Shopify Payments and are governed by Shopify’s terms . PAI does not control, process, or store payment details.
c. Policy Updates. We reserve the right to modify our purchase, shipping, and return policies at any time without prior notice.
b. Payment Processing. All transactions are processed through Shopify Payments and are governed by Shopify’s terms . PAI does not control, process, or store payment details.
c. Policy Updates. We reserve the right to modify our purchase, shipping, and return policies at any time without prior notice.
V. SHIPPING
a. Domestic Shipments. Delivery time is estimated from the time your order is shipped, as further set forth below (please note that shipping is subject to extraneous factors and that these estimates are not binding on PAI):
• Shipping Type - Estimated Delivery Time - Estimated Cost
• Ground* - 5-7 Business Days - $10
• Standard - 3-4 Business Days - $15
• Express - 1-2 Business Days - $25
*We offer free ground shipping for orders over $300
Orders to a United States address are shipped via FedEx and are fulfilled during normal business hours (Mondays-Fridays). An additional $5 fee will be applied to orders shipped to Hawaii and Alaska.
For all shipments within the United States, local and state sales tax will be charged on all orders (where applicable).
b. Free In-Store Order Pick-Up. You may choose in store pick-up at checkout to get your online order in which event you will (i) receive an email confirmation once your order is ready for pickup, and (ii) need to provide your order email and a valid ID at the Welcome Cabana for order pickups at our 1 Wall Street, Suite 3405 location in New York, NY, 10005.
c. International Shipments. We ship to select countries and cannot deliver to P.O. Boxes, Freight Forwarding addresses, Army/Fleet Post Office addresses and select U.S. Territories. International shipping rates and delivery times are based on the delivery destination as follows (please note that shipping is subject to extraneous factors and that these estimates are not binding on PAI):
• Destination - Estimated Delivery Time - Estimated Cost • Canada, Mexico, Puerto Rico - 3-5 Business Days - $35
• Europe and Middle East - 4-7 Business Days - $45
• Asia Pacific, Australia - 4-7 Business Days - $50
Due to extraneous factors, such as customs clearance, delays in delivery may occur. We do not ship items comprised of regulated exotic materials or skins. All international sales are final sale, and no returns can be accepted, as further set forth in our Shipping & Return Policies.
d. Customs and Duties. Prices displayed on our site are exclusive of taxes. At this time, all countries outside the United States are shipped to on a DDU (Delivery Duty Unpaid) basis, and Users are responsible for payment upon delivery for any import duties, value added tax (VAT), goods and services tax (GST), customs fees, and any other tax that are additional to the retail price. These additional tax and customs fees are dictated by the country you are shipping to, and payment of these fees may be necessary for delivery. Payment may be collected at delivery.
e. Delivery Insurance.All packages are insured by the carrier while the package is in transit until the time that it has been delivered to you. To ensure a secure delivery, packages over $700 may require a signature upon delivery.
• Shipping Type - Estimated Delivery Time - Estimated Cost
• Ground* - 5-7 Business Days - $10
• Standard - 3-4 Business Days - $15
• Express - 1-2 Business Days - $25
*We offer free ground shipping for orders over $300
Orders to a United States address are shipped via FedEx and are fulfilled during normal business hours (Mondays-Fridays). An additional $5 fee will be applied to orders shipped to Hawaii and Alaska.
For all shipments within the United States, local and state sales tax will be charged on all orders (where applicable).
b. Free In-Store Order Pick-Up. You may choose in store pick-up at checkout to get your online order in which event you will (i) receive an email confirmation once your order is ready for pickup, and (ii) need to provide your order email and a valid ID at the Welcome Cabana for order pickups at our 1 Wall Street, Suite 3405 location in New York, NY, 10005.
c. International Shipments. We ship to select countries and cannot deliver to P.O. Boxes, Freight Forwarding addresses, Army/Fleet Post Office addresses and select U.S. Territories. International shipping rates and delivery times are based on the delivery destination as follows (please note that shipping is subject to extraneous factors and that these estimates are not binding on PAI):
• Destination - Estimated Delivery Time - Estimated Cost • Canada, Mexico, Puerto Rico - 3-5 Business Days - $35
• Europe and Middle East - 4-7 Business Days - $45
• Asia Pacific, Australia - 4-7 Business Days - $50
Due to extraneous factors, such as customs clearance, delays in delivery may occur. We do not ship items comprised of regulated exotic materials or skins. All international sales are final sale, and no returns can be accepted, as further set forth in our Shipping & Return Policies.
d. Customs and Duties. Prices displayed on our site are exclusive of taxes. At this time, all countries outside the United States are shipped to on a DDU (Delivery Duty Unpaid) basis, and Users are responsible for payment upon delivery for any import duties, value added tax (VAT), goods and services tax (GST), customs fees, and any other tax that are additional to the retail price. These additional tax and customs fees are dictated by the country you are shipping to, and payment of these fees may be necessary for delivery. Payment may be collected at delivery.
e. Delivery Insurance.All packages are insured by the carrier while the package is in transit until the time that it has been delivered to you. To ensure a secure delivery, packages over $700 may require a signature upon delivery.
VI. THIRD-PARTY SERVICES & LINKED SITES
a. Third-Party Bookings. Our websites may link to third-party services (e.g., Resy) for restaurant reservations or spa bookings. PAI is not responsible for their availability, functionality, or terms of service. Your use of these services is at your own risk.
b. Linked Sites Disclaimer. Our websites may contain links to third-party websites or services (“Linked Sites”) solely for user convenience. PAI does not endorse, control, or assume responsibility for any Linked Sites, their content, or any products/services they provide. ACCESSING AND USING LINKED SITES, INCLUDING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES, IS ENTIRELY AT YOUR OWN RISK. PAI disclaims all express or implied warranties regarding such sites.
b. Linked Sites Disclaimer. Our websites may contain links to third-party websites or services (“Linked Sites”) solely for user convenience. PAI does not endorse, control, or assume responsibility for any Linked Sites, their content, or any products/services they provide. ACCESSING AND USING LINKED SITES, INCLUDING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES, IS ENTIRELY AT YOUR OWN RISK. PAI disclaims all express or implied warranties regarding such sites.
VII. CONTENT & INTELLECTUAL PROPERTY
a. General. “Content” means text, images, photos, audio, video, location data, and all other forms of data or communication featured and/or made available via the Services.
b. Site Content. As between you and us, we own the Content including but not limited to all visual interfaces, interactive features, graphics, design, computer code, products, videos, software, and all other elements and components of our websites and as otherwise made available via the Services. We also own the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, scrape, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us.
c. Trademarks. “Printemps” and all other names, phrases, logos, and icons identifying PAI and its programs, products, and services, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of PAI and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned on our websites may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of PAI and/or their respective owners is strictly prohibited, and nothing stated or implied on our websites confers on you any license or right under any trademark of PAI or any third party.
b. Site Content. As between you and us, we own the Content including but not limited to all visual interfaces, interactive features, graphics, design, computer code, products, videos, software, and all other elements and components of our websites and as otherwise made available via the Services. We also own the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with the Services, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, alter, scrape, copy, duplicate, reproduce, distribute, publish, create derivative works or adaptations of, publicly display or in any way exploit any of the Content in whole or in part except as expressly authorized by us.
c. Trademarks. “Printemps” and all other names, phrases, logos, and icons identifying PAI and its programs, products, and services, whether or not appearing in large print or with an accompanying symbol, are proprietary trademarks of PAI and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. Other product and company names mentioned on our websites may be the trademarks and/or service marks of their respective owners. Any use of such marks without the express written permission of PAI and/or their respective owners is strictly prohibited, and nothing stated or implied on our websites confers on you any license or right under any trademark of PAI or any third party.
VIII. PROHIBITED USES
You agree not to:
a. Use our websites for unlawful purposes;
b. Attempt to access restricted areas without authorization;
c. Interfere with website functionality or security;
d. Scrape or copy website content for commercial use;
e. Upload malware, spam, or other disruptive content;
f. Reverse engineer, decompile, or disassemble any part of the website;
g. Violate the intellectual property rights of PAI or any third party;
h. Engage in fraudulent, deceptive, or misleading activities;
i. Attempt to bypass any security features of our websites;
j. Use the website to harass, abuse, or harm others.
a. Use our websites for unlawful purposes;
b. Attempt to access restricted areas without authorization;
c. Interfere with website functionality or security;
d. Scrape or copy website content for commercial use;
e. Upload malware, spam, or other disruptive content;
f. Reverse engineer, decompile, or disassemble any part of the website;
g. Violate the intellectual property rights of PAI or any third party;
h. Engage in fraudulent, deceptive, or misleading activities;
i. Attempt to bypass any security features of our websites;
j. Use the website to harass, abuse, or harm others.
IX. FEEDBACK
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development or may adopt a solution or action sometime in the future that is similar to your Feedback; and (iv) you grant us a royalty free, perpetual license to use the Feedback to alter or improve the Services without compensation to the user. For clarity, to the extent Feedback is protectable under U.S. law, Feedback is owned by you.
X. WARRANTY DISCLAIMER
a. No Warranty. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY CONTENT, IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. PAI MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE HOSTED SERVICES OR THE SERVICES, ITS SAFETY OR SECURITY, OR ANY CONTENT. ACCORDINGLY, PAI IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICES’ INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES.
b. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAI HEREBY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND/OR DATA ACCURACY. PAI DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY PAI WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE.
c. Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
d. Disclaimer. PAI DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
b. Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAI HEREBY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, NON-INTERFERENCE, SYSTEM INTEGRATION AND/OR DATA ACCURACY. PAI DOES NOT WARRANT THAT THE SERVICES OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY PAI WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL ERRORS WILL BE CORRECTED. NO WARRANTY IS MADE ON THE BASIS OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR TRADE USAGE.
c. Remedy. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICES, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
d. Disclaimer. PAI DISCLAIMS LIABILITY FOR ANY (I) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (II) LOSS OF PROFITS, (III) BUSINESS INTERRUPTION, (IV) REPUTATIONAL HARM, OR (V) LOSS OF INFORMATION OR DATA.
XI. LIMITATION OF LIABILITY
a. No Liability. NEITHER PAI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, AFFILIATES OR LICENSORS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE, SERVICES OR THE CONTENT. IF APPLICABLE LAW DOES NOT PERMIT EXCLUSION OF ALL SUCH DAMAGES, THEN YOUR DIRECT DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, SERVICES OR THE CONTENT SHALL BE LIMITED TO $100.
b. Enforceability. IF ANY OF THE FOREGOING LIMITS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THEY SHALL BE CONSTRUED TO PROVIDE SUCH LIMITS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
b. Enforceability. IF ANY OF THE FOREGOING LIMITS ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THEN THEY SHALL BE CONSTRUED TO PROVIDE SUCH LIMITS TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
XII. INDEMNIFICATION
You agree to indemnify and hold harmless us and our officers, directors, employees, partners, agents, affiliates and licensors from all liabilities, claims, and expenses, including attorneys’ fees (“Claims”), that arise from your breach of this Agreement or your use or misuse of the Services or the Content. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification, in which event you will cooperate with us in asserting any available defenses.
XIII. DISPUTES
a. Governing Law and Jurisdiction. You agree that this Agreement or any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law and equitable claims) between you and PAI arising from or relating to this Agreement, its interpretation or breach, termination or validity, the relationships which result from this Agreement, the Services, PAI’s promotional activities, or any related transaction shall, to the maximum extent permitted by applicable law, be governed by the laws of the State of New York, without regard to its conflicts of laws rules. Subject to the arbitration requirement below, the state and federal courts in New York County, New York shall have exclusive jurisdiction over any Claim (as defined below). Any Claim must be brought within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such Claim shall be forever barred.
b. Arbitration Requirement; Class Action Waiver.
i. Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and PAI arising from or relating to this Agreement, its interpretation or breach, termination or validity, the relationships which result from this Agreement, the Services, PAI advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the consumer arbitration rules then in effect, or any other established alternative dispute resolution provider mutually agreed upon by you and PAI. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
ii. Class Action Waiver. The arbitration will be limited solely to the dispute between you and PAI. Neither you nor PAI shall be entitled to join or consolidate Claims by other users or arbitrate or litigate any Claim as a representative IN A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
iii. Arbitration Process. Notwithstanding any other provision of these Terms of Service or any applicable arbitration rules, disputes regarding the interpretation, applicability, or enforceability of this arbitration provision and class action waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and PAI and may be entered as a judgment in any court of competent jurisdiction. You and PAI shall pay your and its own costs and attorneys’ fees. However, if you or PAI prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in the State of New York.
iv. Opt Out. You may opt out of this arbitration agreement. If you do so, neither you nor PAI can force the other to arbitrate. To opt out, you must notify PAI within thirty (30) days of first becoming subject to this arbitration agreement by emailing PAI at legalnewyork@printemps.com . Your notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS AGREEMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS.
b. Arbitration Requirement; Class Action Waiver.
i. Arbitration. Any claim, dispute or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) between you and PAI arising from or relating to this Agreement, its interpretation or breach, termination or validity, the relationships which result from this Agreement, the Services, PAI advertising or any related transaction (a “Claim”) shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, in accordance with the consumer arbitration rules then in effect, or any other established alternative dispute resolution provider mutually agreed upon by you and PAI. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
ii. Class Action Waiver. The arbitration will be limited solely to the dispute between you and PAI. Neither you nor PAI shall be entitled to join or consolidate Claims by other users or arbitrate or litigate any Claim as a representative IN A CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
iii. Arbitration Process. Notwithstanding any other provision of these Terms of Service or any applicable arbitration rules, disputes regarding the interpretation, applicability, or enforceability of this arbitration provision and class action waiver may be resolved only by a court and not by an arbitrator. If this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator shall be final and binding on you and PAI and may be entered as a judgment in any court of competent jurisdiction. You and PAI shall pay your and its own costs and attorneys’ fees. However, if you or PAI prevails on a statutory Claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law. Arbitration shall take place in the State of New York.
iv. Opt Out. You may opt out of this arbitration agreement. If you do so, neither you nor PAI can force the other to arbitrate. To opt out, you must notify PAI within thirty (30) days of first becoming subject to this arbitration agreement by emailing PAI at legalnewyork@printemps.com . Your notice must include your name and address and a clear statement that you want to opt out of this arbitration agreement. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING OR CLAIM OF ANY NATURE RELATING TO THIS AGREEMENT, ANY DOCUMENTS EXECUTED IN CONNECTION WITH THIS AGREEMENT OR ANY TRANSACTION CONTEMPLATED IN ANY OF SUCH DOCUMENTS.
XIV. MISCELLANEOUS
a. Modification of Agreement. This Agreement may be modified by PAI from time to time in its sole discretion. Your continued use of the Services after any such modification constitutes your acceptance of the modified terms.
b. Continuity of the Services. We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
c. Entire Agreement. This Agreement contains the entire agreement between you and us regarding the use of the Services and/or the Services, and it supersedes any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
d. Waiver. Any failure on PAI’s part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e. Severability of Terms. If any provision of this Agreement is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
f. Assignment. This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with PAI’s prior written consent, but it may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate this Agreement and be void.
g. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
h. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952–5210.
i. Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to PAI, and, with respect to you, to the email address you provide to PAI during the signup process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing. Notices to PAI concerning this Agreement should be sent to:
Printemps America, Inc.
1 Wall Street, Suite 3405
New York, NY 10005
b. Continuity of the Services. We reserve the right to modify, update, or discontinue the Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
c. Entire Agreement. This Agreement contains the entire agreement between you and us regarding the use of the Services and/or the Services, and it supersedes any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.
d. Waiver. Any failure on PAI’s part to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
e. Severability of Terms. If any provision of this Agreement is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Agreement shall otherwise remain in full force and effect and enforceable.
f. Assignment. This Agreement, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with PAI’s prior written consent, but it may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate this Agreement and be void.
g. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
h. Notice for California Residents. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Services, please contact us using the information we’ve provided below. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (800) 952–5210.
i. Notices. Except as explicitly stated otherwise, legal notices will be served, with respect to PAI, and, with respect to you, to the email address you provide to PAI during the signup process. Notice will be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice will be deemed given three (3) days after the date of mailing. Notices to PAI concerning this Agreement should be sent to:
Printemps America, Inc.
1 Wall Street, Suite 3405
New York, NY 10005