August 2021

Twirlista INC (“we,” “our” or “us”) offers a service that allows you to purchase clothing (“Products”) from many brands and to sell your clothing to us. The following Terms of Service (“Terms”) between you (“you” or “your”) and Twirlista describes the terms and conditions on which you may access and use Twirlista located at www.Twirlista.com, (collectively, the “Site”), and related services, including product purchase services and selling your clothing (collectively, the “Services”). Please note that your use of the Services constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, please do not use the Services.

THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH IN SECTION 20 ENTITLED “ARBITRATION AGREEMENT” BELOW, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST TWIRLISTA, INC ON AN INDIVIDUAL BASIS, MEANING YOU CANNOT BRING CLAIMS AGAINST TWIRLISTA, INC IN COURT, AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER IN ARBITRATION. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.

Account and Registration

If you wish to use the Services, you must open an account with us and provide the required information to us. By creating an account and subscribing to the Services, you represent and warrant that: (i) you are at least 13 years of age; (ii) you are subscribing from the United States and maintain a physical and postal mail address in the United States; (iii) you are entering into the service for personal use, and not for commercial or resale purposes; (iv) you are using your actual identity; (v) you have provided only true, accurate, current and complete information; and (vi) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. You understand and agree that we may deny access to the Services or terminate your account, without notice, for any conduct that we, in our sole discretion, believe violates these Terms, including your representations and warranties in this section.

You further agree to maintain the strict confidentiality of your account issued to you for your use of or access to the Services or any portion thereof, and you agree not to allow any other person or entity to use any username(s) that are issued to you. You shall be responsible for all activity that occurs under your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.

Purchase Price and Shipping Cost

The purchase price of each item is $19.99. The minimum order total before tax needs to be equal or greater than $35 dollars to qualify for free shipping. For orders totaling less than $35, the cost of shipping is the responsibility of the customer making the purchase and will be calculated based on location. There is a 7 day window of time to decide whether to keep or return the item. Returns must be in clean, unused condition.

Product Purchase

To purchase a Product directly from the website, simply select the purchase option, then add the Product to your cart to check out. When you purchase any Products, you are responsible for any state and local sales taxes that apply to your order where we elect or are required to collect and remit such taxes. We reserve the right to refuse to sell a Product in our sole discretion.

Payment and Billing Cycle

To purchase, you must provide a valid debit or credit card (a “Payment Method”), or store credit. By providing a Payment Method, you authorize us to charge the amount that is agreed upon including the cost of goods and shipping fee (when applicable).


Returns

You may contact Twirlista customer service (info@twirlista.com) to  request to return item(s) within 7 days of the date the package is marked as delivered by the shipping carrier. A return shipping of $4.99 will be charged for requested returns. In the event of damage, you must reach out to the Customer Support team via an email to info@twirlista.com within 48 hours of package delivery.

Title and Risk of Loss

Title to the products will pass to you when you receive the product. Risk of loss passes to you upon delivery of your package  to a common carrier. For returns or other shipments from you to us, risk of loss passes to us upon our receipt of your returned Products from a common carrier.

Communications

By purchasing products, you consent to receiving emails relating to the Services, including marketing emails. We also may give you the option of opting-in to receive other marketing communications from us at the time of enrollment.

Merchandise

The merchandise available from Twirlista is sustainably sourced, and may include items that are secondhand or overstock. We conduct quality control of each item; however, it remains possible that an item may have flaws. Please contact customer service at info@twirlista.com in the event of any concerns about item quality.

Twirlista is not liable in the event of the following: any allergies/reactions to fabrics of the garments, any allergies/reactions to detergents or cleaning agents used on the garments, any injuries incurred while wearing a garment from Twirlista, any insects/pests in garments, or anything that happens to a person while wearing or in possession of a Twirlista garment.

Colors and Styles

We have done our best to display as accurately as possible the colors and styles of the products shown on the Site. However, we cannot guarantee that the Products you receive will be exactly the same as the color and style you see on your screen.

Correction of Errors and Inaccuracies

The information of the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.


Selling Your Items to Twirlista

Twirlista Inc provides the option for selling dresses from your personal closet, directly to Twirlista. Under this Personal Dress Selling Program, Twirlista will pay between $1 to $10 per acceptable dress via store credit (“Twirl Points”), PayPal or Venmo. The dresses can be submitted to Twirlista at 3655 Heartwood Ln, Mason, OH 45040. Upon request, Twirlista can provide a free shipping label for packages if they are containing five (5) or more dresses. Twirlista cannot provide return shipping of unaccepted items. You are responsible for the packaging used to ship items to Twirlista. You must have an existing account with Twirlista to submit items for sale. You are responsible for including the Twirlista-provided Customer Dress Selling Sheet (which includes information needed to connect the items to your account) when you submit items for review, and Twirlista will review the items within 14 business days  of submission. Twirlista is not responsible for items lost or damaged. 

Acceptable items are defined as dresses, jumpsuits, rompers, or matching skirt-top sets that are in excellent condition, in current styles, and brands that align with Twirlista’s merchandise quality requirements. Unacceptable items are defined as any items that are NOT dresses, jumpsuits, rompers, or skirt-top sets, items that are in flawed condition, or brands that do not meet Twirlista’s merchandise quality requirements. You may also contact Twirlista directly (info@twirlista.com) with any questions about acceptable or unacceptable items.

In agreeing to the Terms of Service, you acknowledge that you are the rightful owner of the any items submitted, or that you’ve been authorized by the owner of the items to sell said items and will indemnify and hold Twirlista harmless from and against any claim arising from the sale of said items. You agree to the above terms and you agree that your participation in this program is completely voluntary. Individuals who sell their clothing to Twirlista must be 18 years of age or older.


Use of the Site and Services

All materials, information, and content made available or displayed by us on the Site, and all software, code, and proprietary methods and systems used to provide the Services are subject to trademark, Services mark, trade dress, copyright and/or other intellectual property rights or licenses held by Twirlista, one of its affiliates or by third parties who have licensed their materials to Twirlista.

The Site and Services are intended solely for your personal, noncommercial use. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any content or materials is transferred to you as a result of any such activities. Twirlista reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from the Services.

Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Twirlista. Harassment in any manner or form on the Site or related social media platforms, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Twirlista or other licensed employee, host, or representative as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site and Services to solicit others to join or become members of any other commercial online services or organization.

Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit, suspension or immediate termination of your account or your access to the Services, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of Twirlista. You acknowledge that Twirlista is not responsible for and does not assume any liability for users’ acts or omissions, including, without limitation, with respect to the aforementioned activities.


Reviews + Photos

We value and appreciate customer feedback.  It is your choice to leave a review about a product from Twirlista or about the Twirlista service in general regarding topics such as the fit or quality of the item.

Photo Guidelines for Reviews

If you opt to include a photo of the garment along with your review, you are agreeing to have this image shared on the Twirlista website for public view. 

Person(s) depicted in photos must be at least 18 years of age or have permission from a parent or legal guardian.

Close-up shots of items that are damaged will not be approved. If you received a damaged item, reach out to us at info@twirlista.com.

Please don't upload copyrighted images that you don't actually own the rights to, excessively altered or Photoshopped images, or photos of Twirlista products whose appearance have been dramatically altered, such as garments that are torn, shredded or excessively wrinkled.

Any reviews, photos, or comments containing inappropriate material will not be approved. This may consist of, but is not limited to:

- URLs or links of any kind

- Derogatory or discriminatory language, profanity, and/or sexually explicit, abusive, or offensive material

- Infringement upon copyrights or trademarks

- Any negative or disparaging comments about other customers

- Person(s) depicted in photos must be at least 18 years of age or have permission from a parent or legal guardian.

- Close-up shots of items that are damaged will not be approved. If you received a damaged item, be sure to reach out to info@twirlista.com.

Inappropriate material will not be approved. This may consist of (but is not limited to):

- Nudity

- Obscene, sexist, or racist material

- Drug use, drug paraphernalia, smoking or tobacco use, excessive drunken behavior, or weaponry of any kind

- Blatant promotions, proselytizing, or campaigning

- Copyrighted images of which the rights are not owned by the submitting party

- Excessively altered or Photoshopped images

- Photos of Twirlista products whose appearance have been dramatically altered—that means torn, shredded or excessively wrinkled

If an item arrives in less than satisfactory condition, get in touch and our Customer Support team will reach out to you right away with a solution. We reserve the right to reject any review regarding an issue that our team can help you with.


DMCA Notice & Take-down Procedure

Without limiting the foregoing, if you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, including the law of fair use; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. The Copyright Agent for Twirlista for notice of claims of copyright infringement can be reached via info@twirlista.com.

User Comments, Feedback, Postcards and Other Submissions

All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Twirlista on or through the Site or otherwise disclosed, submitted or offered in connection with your use of this Services (collectively, the “Comments”) shall be and remain Twirlista’s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Twirlista of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Twirlista will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Twirlista is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.

You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.


Disclaimer of Warranties; Limitation of Liability

17.1 The laws of certain jurisdictions, do not allow the exclusion or limitation of legal warranties, conditions, representations, liability or certain damages. If these laws apply to you, some or all of the below exclusions or limitations may not apply.

NOTICE TO NEW JERSEY RESIDENTS:
Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in this Section 17 do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in the Services limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between the Services and New Jersey law, New Jersey law will govern.

17.2 Neither Twirlista nor our parents, subsidiaries, affiliates, partners, or licensors make any representations, warranties or conditions of any kind whatsoever, express or implied, in connection with these Terms or the Services, except to the extent such representations, warranties and conditions are not legally excludable. This subsection 17.2 is subject to the provisions of subsection 17.1.

17.3 You agree that, to the fullest extent permitted by applicable law, neither Twirlista nor our parents, subsidiaries, affiliates, partners, or licensors will be responsible (whether in contract, tort (excluding negligence) pre-contract or otherwise) for any (a) interruption of business; (b) access delays or access interruptions to the Site or Services; (c) data non-delivery, loss, theft, delivery exception, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of third party links on the Site or use of the Services; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control. We make no representations, warranties or conditions that defects or errors will be corrected. Nothing in this provision shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees. This subsection 17.3 is subject to the provisions of subsection 17.1.

17.4 Further, to the fullest extent permitted by applicable law, neither Twirlista nor our parents, subsidiaries, affiliates, partners, or licensors will be liable for any economic losses (such as loss of revenues, profits, contracts, business or anticipated savings), loss of goodwill or reputation or any special or indirect losses of any kind related to the Services, regardless of the form of action whether in contract, tort (including negligence) pre-contract or otherwise (other than fraudulent or negligent misrepresentations), even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed one hundred dollars ($100.00). This subsection 17.4 is subject to the provisions of subsection 17.1.

17.5 If you are dissatisfied with the Services for any reason, returning any products and removing your customer account  is your sole remedy. We have no other obligation, liability, or responsibility to you except as expressly required by law. This subsection 17.5 is subject to the provisions of the subsection 11.1.


Term, Termination and Modifications

18.1  These Terms are applicable to you upon your enrollment in the Services. These Terms may be terminated by Twirlista without notice at any time for any reason. The provisions relating to Arbitration, Copyrights, Trademark, and Miscellaneous, shall survive any termination.

18.2  We may in our sole discretion change these Terms or any aspect of the Services or cancel the Services at any time without notice to you. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the terms. If any change is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining changes or Terms.

18.3  We reserve the right to discontinue your account and to audit your account at any time, in our sole but reasonable discretion. Any suspected abuse of the Services, failure to comply with any Terms, illegal activity, fraud, misrepresentation or other conduct inconsistent with these Terms and/or detrimental to us or our interests, including without limitation, any suspected illegal, fraudulent or other unauthorized use of your subscription (all as determined by us in our sole but reasonable discretion), may result in the revocation of your account and make you ineligible for further participation in the Services. If your account is revoked, your access to the Services and features will automatically terminate. If we suspect illegal activity, fraud, misrepresentation, abuse or violation of these Terms, we reserve the right to take appropriate legal action. This Subsection 18.3 is subject to the provisions of Subsection 17.1.

Indemnification
You agree to indemnify, defend, and hold harmless Twirlista, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these Terms or any activity related to your subscription (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Informal Dispute Resolution. 
Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent

(1) to Twirlista at: Twirlista Legal Department, 3655 Heartwood Ln, Mason, Ohio, Attn: General Counsel, or

(2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Twirlista agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Scope of Arbitration Agreement. 
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Twirlista agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Twirlista expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

Right to Bring Small Claims in Court. 
Instead of arbitration, either you or Twirlista may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

How Arbitration Works. 
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. Twirlista will reimburse those fees in an amount up to $10,000. Twirlista also waives its own right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

Waiver of Right to Bring Class Actions and Representative Claims. 
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Twirlista agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Twirlista hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. 
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the Commonwealth of Pennsylvania. The terms of the Arbitration Agreement provisions shall survive after your relationship with Twirlista and/or use of Site and Services ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Third Party Links
In an attempt to provide increased value to our visitors, we may choose various third-party web sites to link on the Site. However, even if the third party is affiliated with Twirlista, Twirlista has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Twirlista. Twirlista has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Twirlista seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).

Entire Agreement; Waiver and Survival
These Terms govern our relationship with you as it relates to the Services. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms and you agree that you shall have no remedy in respect of any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances. No waiver by us will be construed as a waiver of any proceeding or succeeding breach of any provision in these Terms. This Section 22 is subject to the provisions of Subsection 17.1 of these Terms.

Refer-A-Friend Program Terms
Twirlista may offer Refer-A-Friend benefits from time to time. The Twirlista Refer-A-Friend Program is governed by the terms and conditions under this section (“General Terms”) as well as any additional terms of the specific Refer-A-Friend program (“Program Terms”). In the event of a conflict between General Terms and Program Terms, the Program Terms will prevail. By participating in the Refer-A-Friend Program, you agree to abide by the General and Program Terms. The General and Program Terms are in addition to the Twirlista Terms and Conditions only to the extent necessary to govern your participation in the Refer-A-Friend Program. If you don’t agree to the General and Program Terms, you may not participate in the Refer-A-Friend Program. By participating in the Refer-A-Friend Program as a Referrer or Friend, you agree to Twirlista’s Terms and Conditions.

Referral rewards are granted at Twirlista's sole discretion. We reserve the right to amend these guidelines and the methods through which referral rewards are earned at any time without notice to you.

A. The Referral Program
Participation in a Refer-A-Friend Program is completely voluntary. Twirlista may provide you with the opportunity to send a Discount Code to your friends and family members (each, a “Friend”) to purchase from Twirlista. If a Friend redeems your qualified Discount Code, your friend will receive the discount that you provided, and you will receive a store credit (called “Twirl Points”)  based on the sale price of the item. The store credit can be used to purchase items on Twirlista.com.

B. The Employee Referral Program
Participation in an Employee Refer-A-Friend Program is completely voluntary. Twirlista may provide you with the opportunity to send a Discount Code to your friends and family members (each, a “Friend”) to purchase from Twirlista. If a Friend redeems your qualified Discount Code, your friend will receive the discount that you provided, and you will receive a commission percentage based on the sale price of the item.The commission  can be used to purchase products on Twirlista website and can also be used to redeem cash. A 10% bonus is given to spend on Twirlista website compared to its cash value.

Selling, trading, bartering, or receiving anything of value in exchange for your discount codes from any party other than Twirlista.


Contact Us

For inquiry about additional information or questions regarding our service please see our FAQ page or email us at the button below. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet. If you need to contact us, our company details are: Twirlista Registered office: 3655 Heartwood Lane, Mason, Ohio, 45040. We are not responsible for requests or correspondence lost or delayed in the mail or over the Internet.