- Changes to Terms. We reserve the right to add to, delete or modify these Terms any time and from time to time by updating or revising the Terms posted. Such changes, modifications and deletions shall become effective immediately upon the posting thereof. Your continued use of this Site after the changes become effective means that you are agreeing to be bound by the changes. As a result, we encourage you to review the Terms periodically.
- Changes to the Site. You acknowledge and agree that we may stop providing the services and content of our Site to you or to users generally, in whole or in part, at any time without prior notice to you, at our sole discretion. Further, we may add, change, delete, discontinue, modify, remove or suspend any aspect of the Site's services or Content (as defined below), at any time, without notice and without liability. You understand and agree that we are not liable to you in any manner for your inability to access or use any of the Site's services.
- Age Requirements. This Site is available only to individuals that can enter into legally binding contracts under applicable law. The Site is not intended for use by individuals who are under the age of majority (18 in most jurisdictions). If you are under the age of majority in your jurisdiction, you may not use the Site without your parent or legal guardian's consent.
- Ownership and Use of Our Site and Content. All Site marks, images, illustrations, designs, icons, photographs, text, audio clips, video clips, software, artwork, graphic materials, or other copyrightable elements, trademarks, service marks, trade names, including the selection, sequence and "look and feel" and arrangements of such items (collectively, the "Content") are the property of rue21 or our affiliates, subsidiaries, licensors, assigns, operational service providers, advertising agencies or promotional partners (collectively, the "rue21 Entities") and are protected, without limitation, pursuant to U.S. federal and state laws and regulations, as well as applicable foreign laws, regulations and treaties. We hereby grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Site, services and associated Content, for personal use only in accordance with these Terms. Personal use means nothing commercial or even charitable, whether or not money or other compensation or consideration is involved and whether or not it is for your benefit or for someone else's. Except as specifically permitted by us, you shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including without limitation, the display and distribution of the Content via a third-party website) without the express written consent of rue21. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Unauthorized or prohibited use of the Content may subject you to civil liability and criminal prosecution, or both under applicable federal, state and local laws.
- Unsolicited Suggestions: They Become Ours. We like to hear from consumers about what they think about our brand, products and services and we encourage you to contact us. However, we do not accept, evaluate or consider unsolicited ideas, materials, concepts, information, content or suggestions of any kind (collectively, "Unsolicited Suggestions"), including but not limited to those relating to products, processes, product names, advertising or marketing, nor do we have or accept any obligation, liability or responsibility if you send us any Unsolicited Suggestions of any kind. We have found that this policy and approach avoids potential misunderstandings and disputes, since your Unsolicited Suggestion may seem similar to products, services, or activities we undertake or commission, even those previously considered or currently under consideration, whether we implemented them or not. Please do not submit or send us any Unsolicited Suggestions, because if you do or you attempt to do so (whether you ignore these warnings or don't read or attempt to understand them) you are agreeing that we can treat the Unsolicited Suggestions as our own, without any obligation of confidentiality, without any restrictions or conditions, without obligation or liability to you or anyone else. We will be free to use or choose not to use all or any part of any Unsolicited Suggestion and you hereby assign all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Unsolicited Suggestions.
- Disclaimer and Limitation of Liability. THIS SITE AND ALL CONTENT AND SERVICES CONTAINED THEREIN ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED OR ANY GUARANTY OR ASSURANCE THE SITE, CONTENT OR SERVICES OFFERED THROUGH THE SITE WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR THAT THE SITE OR CONTENT ARE ACCURATE OR ERROR FREE, THAT DEFECTS THEREWITH WILL BE CORRECTED, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. RUE21 IS NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR EQUIPMENT, PROGRAMS OR INFORMATION. BY USING THE SITE YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, RUE21 AND OUR DIRECTORS, OFFICERS, EMPLOYEES AND RESPECTIVE SUCCESSORS AND ASSIGNS, DISCLAIM (a) ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY SERVICES OR PRODUCTS OFFERED THROUGH THIS SITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND (b). LIABILITY FOR ANY AND ALL LOSS, DAMAGE, COST AND EXPENSE OF ANY KIND, DIRECT AND INDIRECT, IN CONNECTION WITH OR ARISING FROM THE SITE, CONTENT, OUR TERMS AND/OR YOUR OR ANYONE ELSE'S USE OF THESE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF THE CLAIM, WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF ANY LIMITATION OF DAMAGES OR LIABILITY IS PROHIBITED OR RESTRICTED BY LAW, WE SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND LIMITATIONS PERMITTED; HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100). BOTH PARTIES AGREE THAT ONE HUNDRED DOLLARS ($100) IS A REASONABLE ESTIMATE OF THE MAXIMUM DAMAGES, IF ANY, WHICH MAY RESULT FROM USE OF THE SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You shall defend us and the rue21 Entities against any demands, claims or actions brought against us or the rue21 Entities arising as a result of any breach or violation of our Terms by you ("Claim") and you shall indemnify and hold us and the rue21 Entities harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys' fees) resulting from any such Claim. We and the rue21 Entities reserve the right, at our own expense, to assume exclusive defense against any Claim and all negotiations for settlement or compromise, and you agree, upon request, to cooperate with us and the rue21 Entities in the defense, settlement or compromise of any such Claim.
- Choice of Law. Your use of the Site and your agreement with these Terms is governed by and will be enforced under the laws of the Commonwealth of Pennsylvania applicable to contracts made, executed and wholly performed in the Commonwealth of Pennsylvania, without regard to conflicts of law principles. You unconditionally and irrevocably submit to the exclusive jurisdiction and venue of the State and Federal Courts of the Commonwealth of Pennsylvania, the County of Allegheny and/or the Western District of Pennsylvania and you will not object on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. IN ANY CLAIM, ACTION OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER OUR TERMS INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF OUR SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
If, for any reason, rue21 believes, has reason to believe, suspects or is notified of any act, omission or circumstances which may or could compromise or endanger the health, well being or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon or misappropriates the rights of others, harasses or interferes with any other user or person, firm or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks and communications capabilities, breaches or violates our Terms, including the Site and Content or violates any law or regulation, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity and under this agreement with you, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by law.
Our Terms can only be modified by us as described above or by mutual written agreement, signed by an authorized representative of rue21. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of our Terms and any unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to our Terms, including the Site and Content or otherwise with respect to their subject matter, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).
- Contact Us. If you have any questions about these Terms, please contact us.