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Terms and Conditions
1. Acceptance of Terms and Conditions These Terms and Conditions govern your use of the Bag Borrow or Steal website (the "Site") and all Bag Borrow or Steal services and sales of products (the "Service"). By joining our email list, you acknowledge and represent that you have read and understand these Terms and Conditions and that they become a binding agreement ("Agreement") between you and Bag Borrow or Steal, you agree to receive all communications from Bag Borrow or Steal under this Agreement electronically via email, you agree to keep your current email address updated under Profile on the Site at all times and you agree that you will be deemed to have received any notice we send to that email address. By visiting or browsing the Site, you accept these Terms and Conditions and any modifications made to them from time to time. 2. Modifications to Terms and Conditions Bag Borrow or Steal ("BBOS", "we," "us," and "our") reserves the right, to change or terminate this Agreement. Please check this section of the Site before using the Site to determine whether a change has been made to these Terms and Conditions. If you do not agree to any changes in the Terms and Conditions as they may occur, please arrange to terminate your account (a) by notifying Bag Borrow or Steal of your unwillingness to accept the changes to the Terms and Conditions by emailing [email protected] or calling us at 1-866-922-2267; and (b) by immediately returning all outstanding items and discontinuing your use of the Service and the Site. 3. The Bag Borrow or Steal Service The Service allows registered members to access the Site and BUY or BORROW products from Bag Borrow or Steal in accordance with these Terms and Conditions. Members also agree to comply with any terms, conditions, or policies that Bag Borrow or Steal may provide to users from time to time on the site. The member can choose products to borrow from our expansive on-line selection, and have them shipped to the member's address. All of this with no due dates or limits on the number of times a member can borrow. However, we reserve the right to ask for a deposit and/or limit the number of items that a member may borrow at any time and/or to require the return of any or all borrowed items in your possession in the event you fail to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by you. The current monthly borrowing rates are outlined in detail on the Site. Also, the current shipping policies governing the delivery and return of products are detailed on the Site. Delivery time for products you have selected to borrow may vary based upon (a) inventory availability, (b) your delivery address, (c) when you place an order, and (d) other circumstances impacting delivery. Accordingly, Bag Borrow or Steal makes no guarantees as to actual delivery time. We will send you an email letting you know when your product is shipped. The borrowing period begins the date of UPS delivery scan. The risk of loss for items shipped passes to you upon delivery by UPS. All UPS confirmed deliveries are the sole responsibility of the recipient and you will be charged borrowing fees until the item is returned. If you are unable to locate a confirmed delivery, you are required to contact Bag Borrow or Steal immediately to place a tracer investigation with UPS and to temporarily suspend the borrowing period. All tracers take 8-12 business days to complete and until the results of the investigation are received, we are not able to proceed with the resolution of a lost item. If you return an item with excessive or abusive damage exceeding normal wear and tear, as determined by Bag Borrow or Steal in its sole discretion, you agree that Bag Borrow or Steal may charge your payment method (we currently accept Visa, MasterCard, Amex, Discover and PayPal) and collect either the full MSRP replacement fee or a damage fee equal to one month's rent depending on the extent of the damage. You are also responsible in the event of a theft or loss of an item and therefore you will be responsible for the full retail price immediately upon notification of the loss of the item. BORROW fees will continue to accrue until the payment is received in full. Also Bag Borrow or Steal reserves the right to close your account at any time if we notice multiple cases of excessive damage or abuse to the items you have borrowed. Resellers- All Resellers must register with Bag Borrow or Steal. If a Reseller fails to register, their account will be terminated immediately. In addition, Resellers, registered or un-registered, will be subject to the following provisions: (a) No rewards will be earned, (b) all sales are Final Sale and cannot be returned, (c) Resellers cannot use the Bag Borrow or Steal trademarks, and (d) we reserve the right to terminate the relationship at any time without notice. Bag Borrow or Steal reserves the right to cancel any order at any time prior to delivery to the customer. In the event an order is canceled, the funds authorized or charged are released by Bag Borrow or Steal and are then subject to the rules of your financial institution, in determining the time that you will have the funds back. 4. Becoming a Member and Obtaining an Account Before you can begin use of the Service, you must register through the Site to obtain an account. By registering as a member through the Site you are providing 'written instructions' to Bag, Borrow, or Steal under the Fair Credit Reporting Act authorizing Bag, Borrow, or Steal to obtain information from your personal credit profile or other information from Experian. You authorize Bag, Borrow, or Steal to obtain such information solely to confirm your identity to avoid fraudulent transactions in your name. Typically this is done when requesting a "Credit Check Required" item HOWEVER we reserve the right to perform this at any time an order is placed. You must be 18 years of age or older to register as a member and use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"), and you agree to maintain and promptly update the Personal Information section of the site to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and refuse to offer you any and all current or future use of the Service and the Site. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately. In order to provide you with ease of access to your Account, we may place a cookie (a small text file) on the computers from which you access the Site. When you revisit the Site, this cookie will enable us to recognize you as the Account holder and allow you to more easily access your Account. 5. Gift Cards We offer Gift Cards that can vary in amount and be applied toward any Bag Borrow or Steal service or item. In purchasing a Gift Card, you authorize us to charge your payment method. Gift Cards are subject to the additional terms and conditions set forth on the "Gift Card" page. 6. Billing When you join as a member you will be required to provide Bag Borrow or Steal with accurate, complete and current information for a valid payment method that you are authorized to use. By signing up for the Service, you authorize Bag Borrow or Steal or its agent to bill your payment method for the applicable per-item purchases or borrowing fees, shipping charges, any and all applicable taxes, and any other charges you may incur in connection with your use of the Service. Other fees will be charged to your payment method as you incur them. If Bag Borrow or Steal does not receive payment from your payment method provider or if your payment method expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid payment method before continuing to use the Services and you authorize Bag Borrow or Steal to charge outstanding fees and other amounts due us against any payment method you have on file with us. Bag Borrow or Steal reserves the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies. Bag Borrow or Steal reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. By providing us with your landline or cell phone number(s), you give your consent for us, our agents, and to our collection agents, to contact you at these numbers, or, at any number that is later acquired for you, and, to leave live, or pre-recorded messages regarding any accounts or services. For greater efficiency, calls may be delivered by an autodialer. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your Account statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Service at any time. Upon users becoming a member, that membership continues indefinitely until terminated. Bag Borrow or Steal or the member can terminate at any time at their discretion. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Site. Borrow terms are for 30-day periods and renewals are automatically processed every 30 days. 7. Authorizations We reserve the right to determine whether your payment method(s) is/are pre-authorized to accept a minimum charge equal to each handbag and/or accessory BORROW or BUY. In the event we feel the amount of available credit is not sufficient to cover these amounts, we may request the immediate return of all outstanding items and/or that you provide a second valid payment method before continuing to use the Service. Typically an initial authorization for $1.00 is processed; this is to verify the validity of the payment method. There will then be a second authorization for the actual amount of the BORROW or BUY. Once the order has gone through and shipped, only the actual amount of the order and any applicable taxes/fees will be charged. In the event an order is canceled, the funds authorized are released by Bag Borrow or Steal and are then subject to the rules of your financial institution, in determining the time that you will have the funds back. 8. Reward-Loyalty Points Reward points are accrued by: 1 Reward point for every dollar spent on all BORROWS and BUYs. Every 1000 points converts to $10 in Loyalty Rewards. These can be used towards the first borrow term of an in-stock item. Reward points cannot be used towards BUYs, expedited shipping, return shipping of a purchased item, or BORROW renewal fees. Reward points do not have cash value, cannot be exchanged for store credit, and cannot be transferred to another account. Your reward points will expire after 12 months if there are no transactions in your account. The 12 month period begins with the most recent transaction in your account. All reward points will be forfeited when an account is terminated for any reason or if an account goes into default or outstanding status, owing any fees for current borrow items. 9. Refunds/Returns BUY RETURNS Customers are responsible for return shipping and insurance. Original expedited shipping fee is non-refundable. There will be no exceptions for returns outside this policy and Bag Borrow or Steal is not responsible for those items. Any item stated FINAL SALE is not eligible for any return or refund. BORROW RETURNS For BORROW end of term and renewals, once the return label is printed from the Borrowing Now section of My Account and scanned by UPS, the item will be considered returned and no further renewals will be charged. Items that are scanned after the renewal date will be charged the BORROW fee and will not be eligible for a refund. An item may be returned earlier than renewal date, however the charge stands and no prorate or refund will be made for the unused time. For any refunds/credits of returned items, please allow 2-3 business days after the item has arrived at our Fashion House, in order for us to inspect and process the return. After the return is confirmed valid, the refund will be issued. All refunds/credits will only be issued to the original form of payment. 10. Actual Damages, Liquidated Damages, Attorneys' Fees and Costs Actual Damages- In the case of a failure to pay any debts or to return any item(s) when due to Bag Borrow or Steal (hereinafter, a "default"), you will be liable to Bag Borrow or Steal for its ACTUAL DAMAGES, including but not limited to the then-current borrow payment for each item until said item is received by Bag Borrow or Steal in an undamaged condition. If said item has not been returned in an undamaged condition before the expiration of 90 days after the date of default, then Bag Borrow or Steal at its option may alternatively charge you the MSRP as maintained by Bag Borrow or Steal for that item, plus 90 days rent from the date of default, or seek to recover the wrongfully-retained item plus all rent owed to the date of recovery of the undamaged item. If suit is filed, Bag Borrow or Steal may assert these measures of damage simultaneously. If an item is not recovered, or if it is recovered in a damaged condition, then Bag Borrow or Steal will charge you the MSRP as maintained by Bag Borrow or Steal for said item, plus 90 days rent from the date of default. Liquidated Damages- Bag Borrow or Steal spends significant internal resources on its efforts to reduce and recover losses flowing from customer non-payments, from the theft and/or wrongful retention of its products, and from other improper, negligent or fraudulent acts. Because the amount of these internal losses are extremely difficult to calculate, you agree that Bag Borrow or Steal is also entitled to collect LIQUIDATED DAMAGES-IN ADDITION TO ITS ACTUAL DAMAGES-if Bag Borrow or Steal commences collection or legal action to recover any amounts due from you, and/or to recover property wrongfully retained by you. In all cases, the LIQUIDATED DAMAGES will consist of a $500 per-item charge for each item that remains unpaid and/or unreturned at the time that Bag Borrow or Steal commences collection or legal action, which sum is intended to compensate for the expenditure of Bag Borrow or Steal's internal resources as a result of your breach of contract, fraud or other wrongful or negligent acts. In cases where Bag Borrow or Steal has been unsuccessful in recovering its merchandise in an undamaged condition prior to the entry of a judgment against you, then Bag Borrow or Steal's LIQUIDATED DAMAGES will also include an additional 90-day BORROW charge to cover the period from day 91 through day 180 following your default. This second, 90-day BORROW period is intended to provide a reasonable estimate of Bag Borrow or Steal's additional lost BORROW income caused by your wrongful retention of Bag Borrow or Steal's property. It will be charged to you at the same rate as was actually charged for the first 90-day default BORROW period. You understand and agree that the LIQUIDATED DAMAGES of (i) $500 per item plus (ii) the second, 90-day borrow period for items that are not recovered in an undamaged condition, are not a penalty, but instead are reasonable and necessary estimates of the sums needed to compensate Bag Borrow or Steal for the loss of its internal resources and for the loss of its future BORROW income. Attorneys' Fees, Costs and Interest- If Bag Borrow or Steal commences litigation to recover its property from you, to recover ACTUAL DAMAGES, and/or to recover LIQUIDATED DAMAGES; you agree that the substantially prevailing party will be entitled to recover its reasonable attorneys' fees and expenses of litigation. You further agree that Bag Borrow or Steal will be entitled to recover prejudgment interest on its ACTUAL DAMAGES and it's LIQUIDATED DAMAGES from the date of default to the date of judgment entry at the rate of 12% per annum. Reservation of Rights- Bag Borrow or Steal expressly reserves its right to seek additional elements of actual damages other than those expressly identified above. 11. Privacy Any information submitted on the Site is subject to our Privacy Policy, the terms of which are incorporated into these Terms and Conditions. Our Privacy Policy may be found at Privacy. Please review our Privacy Policy carefully. 12. Submissions The Site may allow you and other third parties to post reviews or comments concerning the Service or the products we distribute. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties on the Site are those of the respective authors or producers and not of Bag Borrow or Steal, or its shareholders, directors, officers, or employees. Bag Borrow or Steal may review and delete any content, in whole or in part, that in the sole judgment of Bag Borrow or Steal violate these Terms and Conditions or which might be offensive, illegal, or that might violate the rights of or harm any third parties. Nonetheless, under no circumstances will Bag Borrow or Steal, or its shareholders, directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Service or the Site. We are free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (each, a "Submission"), including, without limitation, responses to questionnaires or through postings on message boards on the Site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Site and the Service. Furthermore, by posting any Submission on the Site, submitting information to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, fully paid, royalty-free, irrevocable, sublicenseable, worldwide license and right to display, use, perform, reproduce, modify, distribute and create derivative works of the Submission or information submitted in any media, software, or technology of any kind now existing or developed in the future. By posting or providing a Submission or information, you represent and warrant that public posting and use of your Submission or information by Bag Borrow or Steal will not infringe on or violate the rights of any third party. Be advised that we do not accept unsolicited materials or ideas for use or publication, and are not responsible for the similarity of any of our content to materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against us and our affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent. 13. Use Restrictions You will not use the Site or Service to: 14. Access Limits Unless otherwise specified, the content on the Site is for your personal and non-commercial use; Bag Borrow or Steal grants you a limited license to access the Site solely for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, offer for sale, or use in any other way the Service, or any information contained on, or obtained from, the Site without the express written consent of Bag Borrow or Steal. Any and all unauthorized uses of the Site or the contents therein will terminate the limited license granted to you. Without our express written consent, you may not: 15. Disclaimers of Warranties; Limitations on Liability The Service (including the products provided under the Service or purchased through the Site), and the Site and its contents, are provided "as is"; Bag Borrow or Steal makes no representations or warranties of any kind with respect to the Service, gift cards, products provided with or sold by the Service, the Site, or any contents therein. Bag Borrow or Steal assumes no liability or responsibility for any errors or omissions in providing the Service or in the content of the Site, any failures, delays, or interruptions in the shipment of products, delivery of any content contained on the Site, any losses or damages arising from the use of the content provided on the Site, goods or services provided by Bag Borrow or Steal, or any conduct by users of the Site. Bag Borrow or Steal reserves the right to refuse to ship products in its sole discretion. BAG BORROW OR STEAL EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. In addition, Bag Borrow or Steal does not represent or warrant that the information on or accessible via the Site or through the Service is complete or current. BAG BORROW OR STEAL AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' LIABILITY UNDER THESE TERMS OF USE AND ANY OTHER TERMS AND CONDITIONS (INCLUDING GIFT CARD TERMS AND CONDITIONS) IS LIMITED TO DIRECT, OBJECTIVELY MEASURABLE DAMAGES. BAG BORROW OR STEAL AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. BAG BORROW OR STEAL AND ITS AFFILIATES', SUPPLIERS', AND THEIR RESPECTIVE OFFICERS', DIRECTORS', SHAREHOLDERS', EMPLOYEES' AND AGENTS' TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, GIFT CARDS, THE SITE OR THESE TERMS OF USE, WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO BAG BORROW OR STEAL BY YOU UNDER THESE TERMS OF USE. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS OF USE BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY BAG BORROW OR STEAL TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN UNDER THESE TERMS OF USE. Some states do not allow the foregoing limitations of liability, so they may not apply to you. 16. Indemnity You agree to indemnify and hold Bag Borrow or Steal, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of these Terms and Conditions and/or arising from a breach of these Terms and Conditions. 17. Intellectual Property BAG BORROW OR STEAL is a trademark of Bag Borrow or Steal. All Bag Borrow or Steal graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of Bag Borrow or Steal. Any trademarks not owned by Bag Borrow or Steal that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bag Borrow or Steal. All content and compilation thereof on the Site, including, but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Bag Borrow or Steal, its licensors, or its product suppliers, and is protected by United States and international copyright laws. No material, including, but not limited to, the material listed above, should be reproduced or used without our express written permission. 18. Termination You agree that we, in our sole discretion, may terminate your password, Account, or use of the Service or the Site, and remove and discard any of your Submissions from the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions. Also, we may, in our sole discretion and at any time, discontinue providing the Service or the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Service or the Site may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information and Submissions made from your Account and bar any further access to such information or to the Site. Further, you agree that we will not be liable to you or any third-party for any suspension or termination of the Service or your access to the Site. 19. Links and Advertising We may provide, or third parties may provide, links to other Web sites or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you might have against us, with respect to such sites. BAG BORROW OR STEAL IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE CONTAINED OUTSIDE THE SITE. Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Site. 20. Service Tests Bag Borrow or Steal tests aspects of its Service from time to time. Bag Borrow or Steal reserves the right to include you in such tests without notice. 21. Governing Law, Jurisdiction, Venue and Arbitration These Terms and Conditions are governed in all respects by the laws of the State of Washington as such laws are applied to agreements entered into and to be performed entirely within Washington between Washington residents. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN KING COUNTY, WASHINGTON, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY BAG BORROW OR STEAL TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT BAG BORROW OR STEAL FROM THEFT OR FRAUD. AT BAG BORROW OR STEAL'S SOLE OPTION, BAG BORROW OR STEAL MAY ALSO COMMENCE ANY COURT ACTION OR PROCEEDING TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT BAG BORROW OR STEAL FROM THEFT OR FRAUD, IN THE FEDERAL OR STATE COURTS IN THE STATE WHERE YOU RESIDE, OR IN THE STATE WHERE THE PROPERTY IS LOCATED. Any other controversy or claim arising out of or relating to these Terms and Conditions, the Service, the Products, or the Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by Washington law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration. 22. Claims of Copyright Infringement It is our policy to respect the intellectual property rights of others. We do not promote, foster or condone any infringing activity. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please contact our registered agent for notice of copyright infringement under the DMCA and notify us of your concern by submitting a written notice to us at the following address: 23. Taxes All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes. 24. General Bag Borrow or Steal's failure to act in a particular circumstance does not waive its ability to act with respect to that circumstance or similar circumstances. By using the Site or the Service, you consent to receiving electronic communications from Bag Borrow or Steal. These communications will include notices about your Account (e.g., shipping and receiving emails and other transactional information) and information concerning or related to the Service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. Bag Borrow or Steal is excused for any failure to perform to the extent that its performance is prevented by any reason outside of its control. These Terms and Conditions comprise the entire agreement between you and Bag Borrow or Steal and supersede all prior agreements between the parties regarding the subject matter contained herein. Effective November 14, 2016 Privacy Policy
PRIVACY NOTICE
This Privacy Notice describes the information collection, use, retention, and sharing practices of Bag Borrow or Steal, Inc. ("Bag Borrow or Steal", "we", "us", "our") when you interact with us through our website, www.bagborroworsteal.com (the "Website") and when you interact with us offline, such as when you contact us via telephone or by other offline means (collectively, the "Services"). As used in this Privacy Notice, "personal information" means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person.
PERSONAL INFORMATION WE COLLECT, WHY AND FOR HOW LONG We collect personal information as you engage with our Services, including when you:
We use essential, performance, marketing, and analytics cookies to automatically collect certain internet and other electronic network activity information when you interact with the Website. This includes things like Internet Protocol address (e.g. IP address), location, device type, browser type, browser version, the pages of our Website that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data. We use this information to: (i) track you within the Website; (ii) enhance user experience; (iii) conduct analytics to improve the Website; (iv) prevent fraudulent use of the Website; (v) diagnose and repair Website errors, and, in cases of abuse, track and mitigate the abuse; and (vi) market to you more effectively across different web pages and social media platforms based on your browsing habits and history. Third party marketing and analytics cookies may be considered sale or sharing (i.e. disclosure for targeted advertising purposes) under state data privacy laws. To opt out, please visit Your Privacy Choices. In general, you can also disable cookies by setting your browser to refuse cookies or indicate when a cookie is being sent. Please note, if you opt out of these targeted advertising cookies, your opt-out will be specific to the web browser, app, or device from which you accessed the opt-out. If you use multiple devices or web browsers, you will need to opt out of each browser or device that you use. Particular third-party cookies to note on our Website include the following: Bag Borrow or Steal will also use the personal information we collect as described in this section to comply with the law, to efficiently maintain our business, and for other limited circumstances as described in HOW WE SHARE YOUR PERSONAL INFORMATION. DATA RETENTION Unless otherwise stated in this Privacy Notice, we retain your personal information (i) for as long as you maintain an account with us, (ii) until we receive a valid request to delete the information, in which case we will delete or anonymize the information, (iii) until we no longer need the information to fulfill the purposes for which we collected it, or (iv) until the information is no longer needed for a service provider or contractor's operational purpose(s). We use the following criteria to determine whether it remains reasonably necessary to retain your personal information for such purposes or a service provider or contractor's operational purpose(s): (i) whether there is a retention period required by statute or regulations; (ii) the existence of actual or threatened litigation for which we are required to preserve the information; (iii) the statutes of limitations for potential legal claims; and (iv) generally accepted best practices in our industry, including in relation to the safety and security of our properties and assets. When we determine that it is no longer reasonably necessary to retain your personal information for one or more disclosed operational purposes based on the above criteria, we will delete or anonymize your personal information. HOW WE SHARE YOUR PERSONAL INFORMATION A. General Sharing Bag Borrow or Steal shares personal information as described in PERSONAL INFORMATION WE COLLECT, WHY AND FOR HOW LONG, and generally in the following instances:
With your consent. Apart from the reasons identified above, we may request your permission to share your personal information for a specific purpose. We will notify you and request consent before you provide the personal information or before the personal information you have already provided is shared for such purpose. You may revoke your consent at any time with effect moving forward and may do so by contacting us via email at [email protected]. All of the above categories exclude text messaging originator opt-in data and consent. We will not share this information with any third parties except for service providers that assist us in the delivery of text messages. B. Sharing in the Last Twelve (12) Months For a business purpose. In the preceding twelve (12) months, Bag Borrow or Steal has disclosed the following categories of personal information for a business purpose to the following categories of third parties:
All of the above categories exclude text messaging originator opt-in data and consent. We will not share this information with any third parties except for service providers that assist us in the delivery of text messages. C. Sale of Personal Information In the preceding twelve (12) months, Bag Borrow or Steal has shared your internet or other electronic network activity information collected via cookies and other tracking technologies with our data analytics providers and ad networks as described in PERSONAL INFORMATION WE COLLECT, WHY AND FOR HOW LONG to provide targeted advertising. Such sharing may be deemed a sale or sharing (i.e. disclosure for targeted advertising purposes) under state data privacy laws. To opt out of the sale/sharing through cookies and targeted advertising, please visit Your Privacy Choices. In the preceding twelve (12) months, Bag Borrow or Steal has shared your personal identifiers (email address, physical address) with third parties for marketing purposes. Such sharing may be deemed a sale under state data privacy laws. To opt out, email [email protected] or submit a request using our [webform]. If you are a California resident, you can also opt out by calling us toll-free at 1-866-922-2267. YOUR INFORMATION CHOICES
You have the following choices with respect to your personal information:
STATE PRIVACY RIGHTS Residents of California, Connecticut, New Jersey, and Texas are entitled to certain rights under their respective state's comprehensive data privacy law. If you are a resident of one of these states, you are entitled to the following rights:
Exercising Your Privacy Rights If you are a resident of one of the states identified above and wish to exercise your privacy rights, you may submit a request by completing our [webform] or by contacting us via email at [email protected]. If you are a California resident, you may also submit your request by calling us toll-free at 1-866-922-2267. To opt out of the sale or sharing of your data through cookies or the processing of your personal information for purposes of targeted advertising, please visit Your Privacy Choices. If the browser or extension that you (or your authorized agent) are using supports Global Privacy Control (GPC) (see here for more information), you may utilize the GPC opt out preference signal to instruct us to not sell or share any of your personal information collected online. The GPC opt out preference signal will apply to the device, platform, or browser in which you utilize it. You can utilize the opt out preference signal by turning on the signal in your device, platform, or browser settings. Please note that you must opt out of each device and each browser. When submitting a request to know/access, correct, or delete your personal information, you must provide us with sufficient information that allows us to reasonably verify you are the person about whom we collected the personal information and describe your request with sufficient detail to allow us to properly evaluate and respond to it. In doing so, we will take steps to verify your request by matching information provided by you with the information we have in our records. If we are not able to verify your identity for know/access, correction, or deletion requests with the information provided, we may ask you to provide additional information. Only you, or a person that you authorize to act on your behalf may make a request related to your personal information. If you are an authorized agent making a request on behalf of another individual, you must provide us with signed documentation that you are authorized to act on behalf of that individual. NEVADA RESIDENTS If you are a consumer in the State of Nevada, you may request to opt-out of the current or future sale of your personal information. We do not currently sell any of your personal information under Nevada law, nor do we plan to do so in the future. However, you can submit a request to opt-out of future sales by contacting us at [email protected] regarding the sale of such information. Please include "Opt-Out Request Under Nevada Law" in the subject line of your message. DO NOT TRACKWe do not respond to Do Not Track requests. Do Not Track is a preference you can set in your web browser to inform websites and mobile applications that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser. INFORMATION SECURITY We implement appropriate technical and organizational security measures, such as access controls and encryption, to protect the personal information that we collect and maintain from unauthorized access, destruction, use, modification, or disclosure. However, no security measure or modality of data transmission is 100% secure, and we are unable to guarantee the absolute security of the personal information we have collected from you. CHILDREN'S PRIVACY The Services are not intended for anyone under the age of eighteen (18). We do not knowingly collect the personal information of anyone under the age of eighteen (18). If we learn that we have collected or received personal information from individuals under the age of eighteen (18), we will delete the personal information. If you believe we have personal information on individuals under the age of eighteen (18), please contact us at the contact information provided below. CHANGES TO THIS PRIVACY NOTICE We may amend this Privacy Notice in our sole discretion at any time. If we do, we will post the changes to this page and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights, we will notify you by prominent posting on the Website and/or via email, and obtain your consent, if required. CONTACT US If you have any questions about this Privacy Notice or need to access this Privacy Notice in an alternative format due to having a disability, please contact us by email at [email protected] (and use "Privacy Inquiry" in the subject line). promotional code limitations and exclusions
what is ccv #
To further protect your security, we request your credit card security code. We do not store this number. Here's where you'll find the credit card security code:
Visa, MasterCard, Discover & Diner's Club
On the back of your card: Three-digit, non-embossed number printed on the signature panel immediately following your account number.
American Express
On the front of your card: Four-digit, non-embossed number printed above your account number.
about couture limits
We assign "couture" status to any item with a retail value over $1099, and we allow rental of those items as follows:
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Now rent or buy as many items as you wish - and only pay one flat fee to ship everything. There's no limit to the size of your order. And as always, free return shipping on all rentals is included. |
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