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Maje Forward Terms of Service
Effective Date: [March 29, 2022]
This Terms of Service agreement (the "Terms") is a legally binding contract between you
("you" or "your"), on the one hand, and SMCP USA Inc. and CaaStle Inc.
("we," "our," "us," or "Maje Forward"), on
the other hand. These Terms govern your access to and use of our website located at us.majeforward.com, any Maje
Forward mobile app (the "App" and, together with our website, the "Site"), and
related services, including our clothing and accessories (the "Products") rental, subscription,
and sale services (together with the Site and the Maje Forward Content (as defined below), the
These Terms are of general application and may be supplemented by additional policies, procedures, guidelines,
terms, and rules of specific application that we disclose or otherwise make available to you (the "Supplemental
Terms"). In the event of any conflict between these Terms, on the one hand, and any provision of any
Supplemental Terms, on the other hand, the terms that are more protective of Maje Forward will control. In
consideration of the mutual covenants set forth herein, and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, you and Maje Forward agree to the terms and conditions
set forth in these Terms.
By accessing or using any of the Services, you acknowledge that you have read, understood, and agreed to be
bound by these Terms, including any Supplemental Terms. We reserve the right to modify these Terms at any time
and to notify you of such changes by any reasonable means, including by posting the revised Terms on the Site.
The "Effective Date" set forth above is when these Terms were last changed and became effective. Your continued
use of the Services following the posting of changes to these Terms will mean you acknowledge and agree to be
bound by the revised Terms. Unless we provide you with specific notice stating otherwise, changes to these Terms
will not apply retroactively.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION IN SECTION 7 BELOW. EXCEPT FOR THE
LIMITED EXCEPTIONS SET FORTH IN SECTIONS 6(D) AND 7(C), YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION
LAWSUIT, CLASS-WIDE ARBITRATION, AND/OR TRIAL BY JURY.
The Services are controlled and operated from the United States and are not intended to subject Maje Forward to
any non-U.S. jurisdiction or law. You may not use the Services to rent any Products outside of the United
You may use the Services if you reside in the United States and are at least 18 years of age. Children under
the age of 13 may not use the Services, and parents or legal guardians may not agree to these Terms on their
behalf. Children under 18 years of age but at least 13 years of age may use the Services under the supervision
of a parent or legal guardian who agrees to be bound by these Terms on the child's behalf. If you are a parent
or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, you are
fully responsible for that child's use of the Services and the rental or purchase of any Products, including
all legal liability the child may incur.
Our Services are only available in the United States. Depending on your location, certain aspects of the
Services may not be available to you (for example, Product shipments). We ship to all 50 U.S. states, the
District of Columbia, and Puerto Rico. At this time, we do not ship Products or offer any delivery service to
addresses located in any of the other U.S. territories, commonwealths, or possessions (including Northern
Mariana Islands, U.S. Virgin Islands, Guam, and American Samoa) or to any APO, FPO, or DPO addresses.
Policy, please click here.
To use the Services, you will need to open a Maje Forward account (your "Account") and
provide certain requested information, including a password and contact information. You may also be able to
set up or access your Account by using your account credentials from services operated by third parties, such
as Google and Facebook (a "Third-Party Account"). By accessing the Services through a
Third-Party Account, you
authorize us to access information from that Third-Party Account for use in connection with the Services. You
agree that you will provide truthful and accurate information when registering your Account. We may refuse to
grant you a particular username for any reason, including, without limitation, if we have reason to believe
that such username impersonates someone else, is protected by trademark or other proprietary rights, or is
vulgar or otherwise offensive.
You must notify us immediately if your Account registration information changes or if you learn of or have
reason to suspect any unauthorized use of your Account or any other breach of security. You are the only
person authorized to access and use your Account. You are responsible for maintaining the confidentiality of
your Account credentials and up-to-date Account information, such as your current shipping address. You are
fully responsible for all activities associated with your Account, including all charges incurred from use of
the Services through your Account.
For more information about our collection of personal information in connection with Account registration,
please review our
B. Maje Forward Subscription
With a Maje Forward subscription (a "Subscription"), you will be able to rent Products from
us, including clothing and accessories from many different brands, with the option to purchase the Products
you rent. To subscribe to Maje Forward, you must provide a valid debit or credit card (your "Payment
Method"). As set forth in further detail below, your Subscription will continue, and your Payment
Method will be automatically charged the Monthly Subscription Fee (as defined below) each month, until you
cancel your Subscription.
Once subscribed, you will be able to start adding Products to your virtual closet. The Products will be
inspected, professionally cleaned, and delivered ready to wear. You will be entitled to have a certain number
of Products out at one time, in accordance with the terms of your Subscription plan. Following delivery of
Products to your designated shipping address, as between you and us, you will be solely responsible for the
condition of each Product until you return such Product (including while Products are in transit). You agree
to treat the Products with great care. You are responsible for any loss, destruction, or damage to the
Products due to theft, mysterious disappearance, fire, major stains, or any other cause, other than normal
wear and tear. "Normal wear and tear" means minor stains, minor rips, missing beads, stuck zippers, or other
minor damage, as we determine in our sole discretion. If you return a Product that is damaged beyond normal
wear and tear, you agree that we or our Payment Processor (as defined below) may charge your Payment Method
the cost to repair or replace the Product, as determined in our sole discretion.
Subject to your compliance with these Terms and maintaining an active Subscription in good standing, we do not
impose a deadline by which you must return a Product you have rented through your Subscription, except that
you must return all of the Products in a shipment (except for any of those Products that you purchase) in
order to receive your next shipment of Products. When the Products you have in your possession have been
returned or purchased in their entirety, we will send your next shipment of Products. See our FAQ page to learn how to expedite the delivery of your next
shipment of Products by using our "Return Notify" feature.
C. Product Descriptions
We may provide descriptions and images of Products that are available through the Services, but we do not
warrant that such descriptions or images are accurate, complete, current, or error-free, or that any Products
will be available, even if noted as such on our Site or otherwise. Product availability is not confirmed until
the applicable Product is shipped. All such information and the availability of any Product are subject to
change at any time without notice. Certain weights, measures, and similar Product descriptions are approximate
and are provided for convenience only. We make reasonable efforts to accurately display the attributes of
Products, including their colors, but the actual colors you see will depend on the device on which you are
viewing them, and we cannot guarantee that your device will accurately display such colors or other attributes
accurately. All prices are in U.S. dollars, unless otherwise indicated.
D. Payment Processing
We use a third-party payment processor (the "Payment Processor") to bill you for any
pay-to-use Services. You agree to pay us and authorize us, through the Payment Processor, to charge your
Payment Method at the prices then in effect for your use of any of our pay-to-use Services, in accordance with
the applicable payment terms. You agree to make payment using your selected Payment Method and to promptly
notify us and/or update your Payment Method upon any changes to your billing information (including, for
example, if your Payment Method expires or is canceled for any reason). You further agree that if the Payment
Processor is not able to charge your preferred Payment Method, we or our Payment Processor may charge you for
your use of any pay-to-use Services using any Payment Method stored on record for your Account. We reserve the
right to suspend or cancel a shipment of Products to you or terminate your access to the Services (including
your Subscription) in the event that we are unable to successfully charge your Payment Method. We are not
responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes
that we or the Payment Processor may make, even if we have or our Payment Processor has already requested or
received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all
amounts due on your Account upon demand.
E. Subscription Auto-Renewal; Monthly Subscription Fees
By subscribing to Maje Forward, you agree that we or our Payment Processor may automatically charge your
Payment Method the monthly fee applicable to your Subscription plan (plus applicable taxes, the "Monthly
Subscription Fee") on a pre-paid, recurring monthly basis until you cancel your Subscription or
your Subscription is otherwise terminated in accordance with these Terms. Your monthly billing cycle will
begin based on the day of the month that you initially subscribe to Maje Forward. This means that the date on
which you first activate your Subscription will serve as your monthly "anniversary" for
purposes of your monthly billing cycle (your "Billing Date"), and that your Payment Method
will be charged each month on or around your Billing Date until you cancel your Subscription or it is
otherwise terminated in accordance with these Terms. Accordingly, you acknowledge and agree that, at the end
of each monthly billing cycle, your Subscription will automatically renew, and your Payment Method will
automatically be charged the Monthly Subscription Fee, unless you cancel your Subscription before the start of
your next monthly billing cycle (i.e., before your next Billing Date).
By subscribing to Maje Forward, you accept all responsibility for all recurring charges prior to Subscription
cancellation, and you acknowledge and agree that we or our Payment Processor may charge your Payment Method
the applicable Monthly Subscription Fee without further notice to or authorization from you, until you cancel
your Subscription or otherwise notify us that you have terminated this authorization. For information about
how to cancel your Subscription, see below.
Unless expressly stated otherwise in these Terms, Monthly Subscription Fees are non-refundable. We reserve the
right to modify or waive Monthly Subscription Fees in our sole discretion.
If you fail to pay your Monthly Subscription Fee, we may, in our sole discretion, terminate your Subscription
or suspend your access to the Services, including the shipment of Products to you. Further, if you do not pay
the amounts you owe to us when due, then we may need to institute collection procedures to obtain the
delinquent payment. To the extent permitted under applicable law, you agree to pay our costs of collection
against you, including, without limitation, reasonable attorneys' fees.
F. Product Purchases
If you are subscribed to Maje Forward, you may elect to purchase any Product in your possession that you have
received in a shipment through your Subscription. The purchase price ("Purchase Price") for
each Product will be listed on the Site in the "At-Home" section of your virtual closet. The
Purchase Price for each Product is dynamic and based on a wide range of factors, including the Product's
condition and rental history. We reserve the right to alter the Purchase Price, applicable discounts, and
availability of any Product at our discretion and without notice to you. To purchase a Product, log into your
Account, navigate to the "At-Home" section of your virtual closet, and click "Buy
Item" next to the Product you wish to purchase. Upon placing an order to purchase a Product, you
authorize us or our Payment Processor to charge your Payment Method for the Product's Purchase Price plus
You acknowledge and agree that you may only purchase Products from us if you are subscribed to Maje Forward
and that only those Products designated by us as available for purchase are eligible for purchase by you.
UNLESS OTHERWISE INDICATED, THE PRODUCTS FOR SALE MAY HAVE BEEN PREVIOUSLY USED BY OTHER CUSTOMERS AND ARE NOT
NEW. WE MAKE NO WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCTS YOU PURCHASE. ALL PRODUCTS ARE SOLD ON AN
"AS-IS" AND "AS-AVAILABLE" BASIS, AND ALL PRODUCT SALES ARE FINAL AND CANNOT BE CANCELED, REFUNDED, RETURNED,
G. Shipping and Returns of Rented Products
All Product deliveries will be through our third-party shipping service providers ("Shipping
Providers"). Shipping Providers are independent contractors and are not employees, partners,
agents, affiliates, or joint venturers of Maje Forward. We are not liable or responsible for any shipping or
delivery services provided by any Shipping Provider or any acts, omissions, or errors by any Shipping
Provider. You acknowledge and agree that we do not supervise, direct, control, or monitor any Shipping
Provider in the course of their work or their provision of delivery services to you. Any interactions or
disputes between you and a Shipping Provider are exclusively between you and that Shipping Provider, and we
will have no liability or responsibility for any interactions between you and any Shipping Provider. Shipping
Providers and shipping methods may change from time to time at our sole discretion.
You agree that, once a Shipping Provider delivers a shipment of Products to the shipping address you provide
us, you are solely responsible for your receipt of those Products. We strongly encourage you to use a shipping
address for a secure location where you can physically receive Product shipments from Shipping Providers (a
"Secure Shipping Address"). You are responsible for ensuring that your shipping address is
up-to-date. We bear no responsibility or liability for any Products that are left unattended by you, a
Shipping Provider, or otherwise. Further, you acknowledge that using anything other than a Secure Shipping
Address may result in delivery delays or additional charges resulting from lost or damaged Products for which
we will not be liable or otherwise responsible. Once a shipment of Products has been dispatched, we will email
or otherwise provide you with a tracking number that provides information about estimated delivery times. We
do not ship products outside of the United States, and you may not return Products to us from outside of the
United States, unless we expressly authorize you to do so.
With each shipment of Products we send you, we will provide you with a pre-addressed mailing envelope and/or
packaging with prepaid postage for you to use to return the Products to us ("Return Packaging").
You must return the Products you receive in a shipment using the Shipping Provider specified on the Return
Packaging that came with that shipment. With the exception of any Products that you purchase, you must return
all of the Products that were included in a shipment together, at the same time, using the same Return
Packaging that was included with that shipment. If you lose your Return Packaging, please email us at
support@US.majeforward.com or call us at (877) 978-3894 to request new Return Packaging.
When the Products you have in your possession have been returned or purchased in their entirety, we will send
your next shipment of Products. We will use commercially reasonable efforts to send you new Products promptly
upon processing your return, but you acknowledge that, as a result of the time needed for processing and
delivery, there may be a delay between your return of Products and your receipt of new Products. See our FAQ page to learn how to expedite the delivery of your next
shipment of Products by using our "Return Notify" feature.
We are not responsible for any items, including personal items, that are left in the Products that are
returned to us. If you believe you have accidentally or otherwise sent us any such items, please contact
Customer Service as soon as possible by email at
or by phone at (877) 978-3894.
Our staff may, but is not obligated to, assist in attempting to locate such items at your request. We assume
no responsibility or liability in connection with locating such items.
H. Free Trials and Promotions
Any free trial or other promotion we offer (each, a "Promotional Offer") in connection with
the Services will be offered in our sole discretion, and will be subject to change or discontinuation at any
time. To redeem a Promotional Offer, you must have a Maje Forward Account, provide a Payment Method and the
other information required to access the Services, and follow the instructions provided to activate your Maje
Forward Subscription using the Promotional Offer or otherwise apply the Promotional Offer to your Account. You
must redeem the Promotional Offer in accordance with the terms and conditions we supply you in connection with
such offer, including redeeming the Promotional Offer within the time specified. Any terms and conditions
accompanying a Promotional Offer are deemed part of these Terms.
To subscribe to Maje Forward using a free trial ("Free Trial"), you must provide a Payment
Method. In some cases, your Payment Method's available balance or credit limit will reflect a reduction in the
amount of the Monthly Subscription Fee applicable to your Subscription plan; however, no charges will be made
against your Payment Method unless you continue your Subscription after your Free Trial ends. We may not
notify you when your Free Trial period has ended. You can see the date on which your Free Trial ends by
reviewing the membership details in the "My Account" section on our Site or by referring to
the confirmation email you receive after activating your Free Trial. You acknowledge and agree that, unless
you cancel your Subscription before the end of your Free Trial period, your month-to-month Subscription will
automatically renew, and your Payment Method will automatically be charged the applicable Monthly Subscription
Fee on a recurring monthly basis until you cancel your Subscription or your Subscription is otherwise
terminated in accordance with these Terms. If you continue your Subscription after your Free Trial ends, your
monthly Billing Date will be based on the day of the month that you commenced your Free Trial. This means that
your Payment Method will be charged each month on or around your Billing Date until you cancel your
Subscription. At this time, Washington D.C. residents are not eligible to participate in Free Trials.
When you subscribe to or otherwise access Maje Forward using a discounted trial (i.e., a limited-time discount
on the Monthly Subscription Fee applicable to your Subscription plan) (a "Paid Promotional
Trial"), your Payment Method will be charged a fee equal to the applicable promotional rate for the
duration of the Paid Promotional Trial period. We may not notify you when your Paid Promotional Trial ends.
You can see the date on which your Paid Promotional Trial ends by reviewing the membership details in the
"My Account" section on our Site or by referring to the confirmation email you receive after
activating your Paid Promotional Trial. You acknowledge and agree that, unless you cancel your Subscription
before the end of your Paid Promotional Trial period, your month-to-month Subscription will automatically
renew, and your Payment Method will automatically be charged the full Monthly Subscription Fee applicable to
your Subscription plan on a recurring monthly basis until you cancel your Subscription or your Subscription is
otherwise terminated in accordance with these Terms. Your monthly Billing Date will be on or around the day of
the month on which you first subscribed to Maje Forward.
By subscribing to Maje Forward, you accept all responsibility for all recurring charges prior to Subscription
cancellation, and you acknowledge and agree that we or our Payment Processor may charge your Payment Method
the applicable Monthly Subscription Fee without further notice to or authorization from you, until you cancel
your Subscription or otherwise notify us that you have terminated this authorization. For information about
how to cancel your Subscription, see below.
Unless we expressly state otherwise, Free Trials and Paid Promotional Trials are available, and may only be
used by, new, first-time subscribers to Maje Forward. If you or another member of your household has been a
Maje Forward member, you are not eligible for a Free Trial or Paid Promotional Trial. We consider your
household ineligible for a Free Trial and/or Paid Promotional Trial if your Payment Method, physical address,
or email address have been associated with another Maje Forward account prior to the date on which you attempt
to redeem the applicable Promotional Offer. We may modify these eligibility requirements at any time, in our
sole discretion. Please note that Washington, D.C. residents not eligible to participate in Free Trials.
We reserve the right to cancel your Free Trial or Paid Promotional Trial if you violate any of these Terms or
engage in any deception, forgery, or fraud in connection with the Services, including, but not limited to,
creating duplicate accounts under another name, email, or address in order to obtain more than one Free Trial,
Paid Promotional Trial, or otherwise manipulate or manufacture eligibility to redeem any Promotional Offer
related to the Services.
I. Canceling Your Subscription
You may cancel your Subscription at any time. To cancel your Subscription, click on the cancellation link at
the bottom of the confirmation email that was sent to you when you first activated your Maje Forward
Subscription and follow the instructions to confirm your cancellation. You may also cancel your Subscription
by emailing us at
support@US.majeforward.com or by calling us at (877) 978-3894. Once you cancel your Subscription, you will not be eligible to
receive any new shipments of additional Products. You may continue to use the Products you have in your
possession, but you must return all such Products to us on or before the last day of your Subscription period.
If you wish to purchase any of the Products in your possession after you have canceled your Subscription, but
before the Products are due back to us, please call us at (877) 978-3894. If we do not receive the Products on time, you will be charged a
fee equal to 75% of the retail price of the Products.
Cancellations are not prorated, and you will not receive a refund for any portion of a Monthly Subscription
Fee that you have paid. Your cancellation will take effect at the end of your then-current billing cycle. You
understand that Your Content (as defined below) may continue to exist and be used on or through the Service
even after you cancel your Subscription and deactivate your Account.
J. Modification and Termination by Maje Forward
You acknowledge and agree that we may terminate, modify, and/or limit for any reason in our sole discretion
the Services (including Products) that are available to you (including through your Subscription), including,
but not limited to, by restricting orders placed through your Account or using your Payment Method or billing
or shipping address. We further reserve the right to terminate or modify your Subscription (including the
Monthly Subscription Fee), in our sole discretion, and without prior notice to you. If we terminate your
Subscription, we will provide you with, as determined in our sole discretion, either (i) a prorated refund of
the Monthly Subscription Fee you paid for the month in which we terminate your Subscription, in which case,
your access to the Services will immediately terminate, and you will be required to immediately return to us
any Products you have in your possession; or (ii) continued access to the Services available with your
Subscription for the remainder of your then-current billing cycle (in accordance with these Terms), in which
case, you must return to us any Products you have in your possession by no later than the last day of your
Subscription period. Notwithstanding the foregoing, we will not issue any refunds in connection with any
termination related to conduct that violates any of these Terms or any applicable law.
K. Gift Memberships
These Terms apply to the purchase, redemption, and use of Maje Forward gift memberships, which are digital and
electronic-only (each, a "Gift Membership"). Gift Memberships function like a "gift
Subscription" for the number of months specified in the Gift Membership. Purchasing, redeeming,
and/or using a Gift Membership is part of the Services and constitutes acceptance of and agreement to be bound
by these Terms.
Gift Memberships can be purchased online. During the checkout process, the purchaser ("Gift
Purchaser") must designate a gift recipient ("Gift Recipient") by providing the
Gift Recipient's name and email address (for electronic delivery) and selecting a gift delivery date that is
within 90 days of the Gift Membership purchase date. A Gift Purchaser is responsible for providing an accurate
and deliverable email address for the designated Gift Recipient. Instructions for redeeming and activating the
Gift Membership will be delivered to the Gift Recipient's email address. Gift Purchasers acknowledge and agree
that a Gift Recipient must provide a Payment Method (valid debit or credit card) to activate their Gift
Membership. A Gift Membership may only be used toward the Monthly Subscription Fee applicable to a
Subscription plan, and cannot be used to purchase Products or other Gift Memberships. Gift Memberships may
only be redeemed and used by eligible prospective or current Maje Forward members. See above for more
information about who is eligible to use our Services.
There is no expiration date by which a Gift Recipient must activate their Gift Membership, and there is no
activation fee. Gift Memberships are not refundable, reloadable, transferable, exchangeable, or redeemable for
cash or other similar value (except as required by applicable law). Title to and risk of loss for a Gift
Membership passes to the Gift Purchaser upon purchase. We reserve the right to refuse to honor a Gift
Membership that we believe was fraudulently obtained. We are not responsible for any Gift Membership that is
lost, stolen, or used without permission. We may, in our sole discretion, replace a lost or stolen Gift
Membership upon receiving proof of purchase. Any such replacement will only be for the value of the Gift
Membership balance shown in our records.
A Gift Recipient must provide a Payment Method to activate their Gift Membership. When a Gift Recipient
redeems and activates a Gift Membership, the total value of the Subscription period that comes with the Gift
Membership, plus applicable tax, will be deducted from the Gift Membership's balance, and the Gift Recipient's
Subscription will simultaneously begin. Once activated, Gift Memberships cannot be paused. Unless a Gift
Recipient cancels their Subscription before their Gift Membership ends, the Gift Recipient's month-to-month
Subscription will automatically renew, and the applicable Monthly Subscription Fee will automatically be
charged to the Payment Method the Gift Recipient provided to activate their Gift Membership. Subscriptions
continue, and Payment Methods are automatically charged on a recurring monthly basis, until the Subscription
is canceled. Once a Gift Membership is activated, the Gift Recipient will receive an activation confirmation
email that will state when the Gift Membership ends. We may not provide any further notification of when a
Gift Membership ends. If a Gift Recipient cancels their Subscription during their Gift Membership period, the
cancellation will not take effect until the Gift Membership period ends, and the Gift Recipient will be able
to continue using the Services until the Gift Membership period ends.
Unless we provide otherwise, a Gift Recipient will not be eligible to redeem any Promotional Offers during
their Gift Membership period. For assistance with a Gift Membership, please contact us by email at
support@US.majeforward.com or by phone at (877) 978-3894.
L. Referral Program
If you have a Maje Forward Account, you may be eligible to participate in our Refer a Friend Program (the
"Referral Program"). The Referral Program is part of the Services. Participating in the
Referral Program in any way constitutes acceptance of and agreement to be bound by these Terms.
To refer a friend to Maje Forward, navigate to the "Refer a Friend"
page on our Site, and invite your friends, family, and colleagues (the referring person, the "Referrer;"
and the referred person, the "Referral") to subscribe to Maje Forward by sharing your
personal referral link or sending a Maje Forward-generated email (each, an "Invitation").
Invitations may include a Promotional Offer that may be redeemed by eligible Referrals. Only those Referrals
who are generally eligible to access the Services and who have not previously held a Maje Forward Subscription
are eligible to redeem a Promotional Offer in an Invitation. Any Invitation you send will identify you
(including your email address) as the Referrer who referred the Referral receiving that Invitation. In
addition to email match, we reserve the right to employ other techniques to confirm that your Referral has not
previously been a Maje Forward member. You represent that you have the consent of any person, including any
Referral, whose personal information you share with us. Information you provide us through the Referral
Program will be used in accordance with our
A Referral can redeem a Promotional Offer in an Invitation by clicking the applicable link and following the
instructions provided. The Promotional Offer will be automatically applied during the Referral's checkout
and/or Subscription activation process. Once a Referral subscribes to Maje Forward and remains a subscriber
for thirty (30) consecutive days, the Referrer will earn a referral credit (a "Referral
Credit"), which will be automatically applied to the Referrer's Monthly Subscription Fee at the
start of the Referrer's next monthly billing cycle. Referral Credits cannot be applied toward the purchase of
any Products or Gift Memberships. Neither Promotional Offers nor Referral Credits may be transferred,
assigned, bartered, sold, or redeemed for cash or other similar value. You cannot earn a Referral Credit for
We reserve the right, in our sole discretion and without prior notice, to suspend, change, and/or terminate
the Referral Program in any respect, including by modifying and/or suspending Promotional Offers and Referral
Credits under the Referral Program. In addition, we reserve the right to cancel, revoke, and/or modify
Promotional Offers and Referral Credits if we determine that you have violated these Terms or have engaged in
deceptive or fraudulent activity in relation to the Referral Program, including, for example, using spam and
unsolicited emails to people you do not know to obtain Referral Credits. We may make these changes at any
time, even if such changes may affect the value of Referral Credits or discounts already accumulated.
3. OWNERSHIP AND INTELLECTUAL PROPERTY
A. Maje Forward Content and Use Restrictions
We and/or our suppliers and licensors (as applicable) own all content and information (including intellectual
property rights in and to such content and information) made available or displayed by us through the
Services, including, but not limited to, Products, methods, systems, processes, code, software, data, photos,
graphics, images, Product descriptions and specifications, and certain of the trademarks, service marks,
names, and logos, and any changes or corrections made to any of the foregoing content or information
(collectively, "Maje Forward Content"). As used in these Terms, the Services include the Maje
Forward Content. You acknowledge and agree that all Maje Forward Content is owned by us and/or our suppliers
and licensors (as applicable) and is protected from unauthorized copying and dissemination by U.S. copyright
law, trademark law, international conventions, and other intellectual property laws. Nothing shall be
construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services
or any Maje Forward Content, except as expressly permitted by these Terms.
B. Acceptable Use Policy and Use Restrictions
Subject to your compliance with these Terms, and subject to any additional terms of any third-party licenses
applicable to third-party software included in the Services, we hereby grant to you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for your own
personal, non-commercial purposes. We reserve all rights not otherwise expressly granted by these Terms. If
you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and to
limit your access to the Services. Any use of the Services that exceeds the rights expressly granted in these
Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination
of your right to access and use the Services.
You agree that you will not (and will not attempt to or permit any third party to) access, interact with, or
use any of the Services, including any Maje Forward Content, to do any of the following: (i) reverse engineer,
decompile, disassemble, modify, translate, derive the source code for, interfere with, distribute, reproduce,
create derivative works from, commercialize, rent, sell, lease, or exploit in any way, the Services, any part
thereof or access thereto; (ii) use any device, software, malicious code, or destructive routine intended to
violate the security of any computer network; crack any passwords or encryption codes; damage or otherwise
interfere with the proper functioning of our Services, Site, servers, or networks connected to our Services;
or take any other action that interferes with any other person's use of our Services; (iii) systematically
copy, "scrape," index, "data mine," store, or otherwise gather any portion of the Services, including any Maje
Forward Content; (iv) display, promote, or transmit any content, information, or other materials that are, or
that we consider in our sole discretion to be, unlawful, harmful, threatening, abusive, harassing, libelous,
defamatory, vulgar, offensive, obscene, lewd, lascivious, profane, pornographic, hateful, violent, an
expression of bigotry, prejudice, racism, hatred, or threatening to any group defined by race, religion, sex,
gender, national origin, or sexual orientation; (v) sell or promote any products or services, including any
controlled pharmaceutical substances, tobacco, firearms, or alcoholic beverages; (vi) introduce viruses,
worms, spyware, Trojan horses, harmful code, or any other code, file, or program that is potentially harmful
or intended to damage or interfere with the operation of, or to monitor the use of, any hardware, software or
equipment; (vii) incorporate any portion of the Services into any product or service without our express prior
written authorization; (viii) display material that exploits children under 18 years of age; (ix) post any
content, information, or other materials that infringe, misappropriate, or violate any intellectual property
or other right of ours or any third party; (x) promote or solicit any business or promote, solicit, or
participate in multi-level marketing or pyramid schemes; (xi) impersonate any other person or entity; (xii)
post, collect, or disclose any personally identifying information (including account names) or private
information about any third parties (including children) without their consent (or their parent's consent in
case of a child under 13 years of age); (xiii) post or transmit any unsolicited advertising, promotional
materials, or any other forms of solicitation, including, without limitation, solicitations of credit card
numbers, solicitations for sponsors, or promotion of raffles or contests; (xiv) violate these Terms or any
applicable local, state, national, or international laws or regulations; or (xv) use our Services, including
any Maje Forward Content, to develop a competing service or product.
C. Third-Party Content
The Services may contain links or references to third-party websites, platforms, products, services,
information, or other materials or content not owned or controlled by us ("Third-Party
Content"). We are not responsible for any Third-Party Content or the actions of those that provide
or use such Third-Party Content. Any Third-Party Content is independent from Maje Forward, and we have no
control over, and have no obligation to monitor, verify, or censor, any Third-Party Content. A link to any
Third-Party Content does not imply that Maje Forward endorses, is affiliated with, approves of, or accepts any
responsibility for, the Third-Party Content or its provider, or vice versa. You acknowledge and agree that we
will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by, in connection with, or resulting from, your use of or reliance on any Third-Party Content. We
D. Your Content
If you post, upload, or make available through the Services, or otherwise submit to or through Maje Forward as
part of your use of the Services, including the Site, any information, data, documents, text, images, files,
links, software, chat, photos, reviews in connection with your use of the Services (including any of your
social media content in which you tag or otherwise direct or send to us), communication, or other materials
(collectively, "Your Content"), you hereby grant to us a perpetual, non-exclusive, irrevocable, fully-paid,
royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce,
transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon,
perform, and otherwise exploit Your Content, in whole or in part, in all media formats and distribution
methods now known or hereafter devised (including on the Site, in email and other promotional campaigns, and
on third-party media and platforms promoting the Services) in connection with the Services, including, but not
limited to, advertising and promoting the Services (including any derivative works thereof), all without
further notice to you, with or without attribution, without limitation as to frequency, and without the
requirement of any permission from or payment to you or any other person or entity. You waive any right to
inspect or approve any of Your Content or any use of Your Content.
By submitting Your Content, you represent and warrant that (i) Your Content and your submission,
communication, and use thereof comply with these Terms and all applicable laws; and (ii) you own or have the
necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to
any other person or entity, to exploit, and to authorize us to exploit, Your Content in all manners
contemplated by these Terms. You waive all moral rights in Your Content that may be available to you in any
part of the world and confirm that no such rights have been asserted. You agree that neither Your Content nor
our use of Your Content as contemplated by these Terms will be subject to any obligation on our part,
including, but not limited to, any obligation of confidentiality, attribution, or otherwise. We will not be
liable for any use or disclosure of any Your Content.
By providing Your Content via the Services, you understand and agree that you do so at your own risk and that
we are not responsible for the damage or loss of any of Your Content. You agree that we are not liable for any
legal violation caused by your use or misuse of Your Content or other information transmitted, monitored,
stored, or received while using the Services. We reserve the right to amend or delete any of Your Content
(along with the right to terminate or restrict access to the Services) that, in our sole discretion, violates
any provision of these Terms.
By sending us any feedback, ideas, suggestions, documents, or proposals ("Feedback"), you
grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable, and
transferable (in whole or part) worldwide license to use, modify, prepare derivative works of, publish,
distribute, and otherwise exploit the Feedback, and you waive all moral rights in the Feedback that may be
available to you in any part of the world and confirm that no such rights have been asserted. You represent
and warrant that the Feedback does not contain any confidential or proprietary information of any third party,
and that Maje Forward may use your Feedback without restriction or obligation to you or any third party.
F. Copyright Infringement Claims and Procedures
The Digital Millennium Copyright Act of 1998 provides recourse for copyright owners who believe that material
on the internet infringes their rights under U.S. copyright law. If you believe in good faith that any content
available through the Services infringes your rights under U.S. copyright law, you may request that those
materials be removed or that we block access to those materials by contacting our copyright agent (identified
below) and providing the following information: (i) identification of the copyrighted work that you believe to
be infringed, including a description of the work and, where possible, a copy or the location (e.g., URL) of
an authorized version of the work; (ii) identification of the material that you believe to be infringing your
rights and its location, including a description of the material and its URL or any other pertinent
information that will allow us to locate the material; (iii) your name, address, telephone number, and e-mail
address; (iv) a statement that you have a good-faith belief that the complained-of use of the materials is not
authorized by the copyright owner, its agent, or the law; (v) a statement that the information that you have
supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are
authorized to act on the copyright owner's behalf; and (vi) a signature or the electronic equivalent from the
copyright holder or authorized representative.
Notices of copyright infringement must be sent to Maje Forward's copyright agent as follows: firstname.lastname@example.org;
Mail us at: 44 Wall St, 12th Fl, New York, NY 10005; or call us at: 866.814.1404.
Notices sent by email must be written in English and include the following subject line: "DMCA Copyright Notice."
In an effort to protect the rights of copyright owners, we reserve the right to terminate the Account and/or
the Subscription of any person who is a repeat infringer.
4. MOBILE TERMS
A. Mobile Charges
Your contract with your mobile network provider ("Mobile Provider") will continue to apply
when accessing or using the Services on your mobile, handheld device ("Mobile Device"). You
understand that your Mobile Provider may charge you fees for your use of its network connection services while
accessing or using the Services, for data downloading, e-mail, text messages, for roaming, and other Mobile
Provider or third-party charges. YOU ACCEPT RESPONSIBILITY FOR ALL MOBILE PROVIDER FEES.
B. Additional Terms Applicable to You When Using the App Through Android Market/Google Play
Maje Forward and you both agree and acknowledge that neither Google Inc., nor any of its subsidiaries or
affiliates ("Google"), are a party to these Terms, and you will look to Maje Forward for any
recourse, and not Google. You agree to be bound by the then-current Android Market Terms of Service as found
on Google's websites (located at
and the Google Play Terms of
Service (located at https://play.google.com/about/play-terms.html).
You acknowledge that Google has no obligation whatsoever to furnish any maintenance and support services with
respect to the Services. To the extent there is a conflict between any of the terms contained in this Section
4(B) and those set forth in the Android Market Terms of Service or Google Play Terms of Service, the Android
Market Terms of Service or Google Play Terms of Service will prevail and govern.
C. Additional Terms Applicable to You When Using the App Through the Apple App Store
To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict
with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in
this paragraph apply, but solely with respect to the App from the Apple App Store. You acknowledge and agree
that these Terms are solely between you and Maje Forward, not Apple, and that Apple has no responsibility for
the App or content thereof. Your use of the App must comply with the App Store Terms of Service. You
acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with
respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may
notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent
permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App,
and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform
to any warranty will be solely governed by these Terms. You and Maje Forward acknowledge that Apple is not
responsible for addressing any claims of you or any third party relating to the App or your possession and/or
use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails
to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer
protection or similar legislation. You and Maje Forward acknowledge that, in the event of any third-party
claim that the App or your possession and use of that App infringes that third party's intellectual property
rights, Maje Forward, not Apple, will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent required by these Terms. You must
comply with applicable third-party terms of agreement when using the App. You and Maje Forward acknowledge and
agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as they relate to
your license of the App, and that, upon your acceptance of the Terms, Apple will have the right (and will be
deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
5. TERMINATION AND MODIFICATIONS
Any violation of these Terms may result in suspension or termination of your access to the Services, removal
of Your Content, and/or termination of your Account and your Subscription. We may also terminate your Account
(including your Subscription) if we determine that your conduct poses a risk or liability to us or our
interests or for any other reason as we determine in our sole discretion. See above for information about how
to deactivate your Account and/or cancel your Subscription.
The provisions of these Terms that, by their nature and/or content, are intended to survive the expiration or
termination of these Terms will survive both the expiration and termination of these Terms for their full
statutory period, including, without limitation, the provisions governing ownership and use of intellectual
property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction,
venue, dispute resolution, remedies, rights after termination, and interpretation of these Terms.
We reserve the right to revise and update these Terms at any time and to notify you of such changes by any
reasonable means, including by posting the updated Terms on our Site. The "Effective Date" set forth above is
when these Terms were last changed and became effective. Your continued use of the Services following the
posting of changes to these Terms will mean you acknowledge and agree to be bound by the revised Terms. Unless
we provide you with specific notice stating otherwise, changes to these Terms will not apply retroactively.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNIFICATION; NOTICE REGARDING APPLICABLE
A. Disclaimer of Warranties
NEITHER MAJE FORWARD NOR ITS LICENSORS, SUPPLIERS, PARTNERS, SUBSIDIARIES, OR AFFILIATES OR ANY OF OUR OR THE
FOREGOING PARTIES' RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, AGENTS, EMPLOYEES, REPRESENTATIVES, PROFESSIONAL
ADVISORS, SUCCESSORS, OR ASSIGNS (MAJE FORWARD, TOGETHER WITH ALL SUCH PARTIES, THE "MAJE FORWARD
PARTIES") MAKE ANY REPRESENTATION OR WARRANTY CONCERNING THE SERVICES. WITHOUT LIMITATION, NONE OF
THE MAJE FORWARD PARTIES MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT USE OF THE
SERVICES, INCLUDING THE SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED
FROM THE USE OF THE FOREGOING OR ANY INFORMATION, MAJE FORWARD CONTENT, OR OTHER CONTENT FOUND ON THE SERVICES
WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICES WILL BE
CORRECTED, THAT THE SERVICES, ANY MAJE FORWARD CONTENT, OR OTHER CONTENT OR INFORMATION FOUND ON THE SERVICES
WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, MAJE FORWARD CONTENT, OR OTHER CONTENT OR
MATERIALS OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. ANY MAJE FORWARD CONTENT OR OTHER CONTENT
OR MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR SOLE RISK, AND
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU THROUGH THE SERVICES WILL CREATE ANY
REPRESENTATION OR WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) THE SERVICES, INCLUDING MAJE FORWARD CONTENT AND
PRODUCTS, AND THIRD-PARTY CONTENT ARE PROVIDED ON AN "AS-IS," "WHERE-IS," AND "AS-AVAILABLE" BASIS; AND (II)
WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE,
SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. THIS SECTION 6(A) IS SUBJECT TO THE PROVISIONS OF SECTION 6(D) BELOW.
B. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY
(INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), WHETHER OR NOT WE
HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WILL WE OR ANY OF THE MAJE FORWARD
PARTIES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR (I) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE,
EXEMPLARY, INCIDENTAL, OR ENHANCED DAMAGES OF ANY KIND, INCLUDING DAMAGES FROM LOST PROFITS, LOST INCOME,
DIMINUTION IN VALUE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, DEVICE FAILURE OR MALFUNCTION, OR
ACCURACY OF RESULTS; (II) ANY SUBSTITUTE OR REPLACEMENT SERVICES OR PRODUCTS; (III) ANY EVENT BEYOND OUR
REASONABLE CONTROL; (IV) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00); (V)
ACCESS DELAYS OR INTERRUPTIONS TO THE SERVICES, INCLUDING THE SITE; OR (VI) ANY COMPUTER VIRUSES OR SYSTEM OR
EQUIPMENT MALFUNCTIONS, ERRORS, OR FAILURES. IF YOU ARE DISSATISFIED WITH THE SERVICES, ANY PRODUCTS, OR WITH
THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. YOU ACKNOWLEDGE, BY YOUR USE
OF THE SERVICES, THAT SUCH USAGE IS AT YOUR SOLE RISK AND YOU ACCEPT THE TERMS AND CONDITIONS STATED IN THESE
TERMS, INCLUDING THE LIMITATION OF LIABILITY AND DISCLAIMERS SET FORTH HEREIN. THE LIMITATION OF LIABILITY IN
THIS SECTION DOES NOT APPLY TO DEATH OR BODILY INJURY RESULTING FROM OUR NEGLIGENCE.
IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER
EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." YOU ACKNOWLEDGE THAT YOU HAVE
READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH
ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO
YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST ANY OF THE MAJE FORWARD PARTIES.
SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. THIS SECTION 6(B) IS SUBJECT TO THE PROVISIONS OF SECTION 6(D) BELOW.
You agree to indemnify, defend, and hold the Maje Forward Parties harmless from and against any and all
claims, liabilities, damages, losses, demands, or expenses, including attorneys' fees and costs, arising from
or in any way related to any claim, action, suit, or demand related to any of the following: (i) your access
to and use of the Services (including the Products and the Site), including any third party's access to or use
of the Services through your Account; (ii) your violation of these Terms (including any Supplemental Terms);
(iii) any of Your Content that you post or provide through the Services; (iv) your violation of any applicable
law or the rights of any third party; and/or (v) your negligence or willful misconduct. This Section 6(C) is
subject to the provisions of Section 6(D) below.
D. Notice Regarding Applicable Law
The laws of certain jurisdictions do not allow the limitation or exclusion of certain rights, warranties,
liability, and/or damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To
the extent that we may not, as a matter of applicable law, limit or exclude certain rights, warranties, or
liability, the scope and duration of such rights and warranties and the extent of our liability will be the
minimum permitted under such applicable law.
NOTICE TO NEW JERSEY RESIDENTS: If you reside in New Jersey, the following provisions of
these Terms do not apply to you and are not intended to limit your rights, to the extent that such provisions
are unenforceable under New Jersey law: (i) Disclaimer of Warranties; (ii) Limitation of Liability; (iii) Indemnification,
to the extent that the scope of such indemnity is prohibited under New Jersey law; (iv) Arbitration Agreement
and Class Action Waiver; and (v) Governing Law, to the extent your rights as a consumer are required to be
governed by New Jersey law, as opposed to New York law.
7. DISPUTE RESOLUTION, ARBITRATION AGREEMENT, AND CLASS ACTION WAIVER
This Section 7 sets forth the procedures for resolving any dispute, claim, action, or controversy (each, a
"Dispute") that may arise between you and Maje Forward in relation to these Terms or your use
of the Services. This Section 7 contains (a) an arbitration agreement (the "Arbitration
Agreement") that requires you to arbitrate any and all Disputes that cannot otherwise be resolved
informally, as contemplated by Section 7(A) below (except as set forth in Section 7(C) below); and (b) a
requirement that all Disputes proceed on an individual basis, and not as a class action or other
representative proceeding (a "Class Action Waiver"). Both you and Maje Forward acknowledge
and agree that for purposes of any Dispute arising out of or relating to the subject matter of these Terms,
the Maje Forward Parties are intended third-party beneficiaries of these Terms and, therefore, have the right to
enforce these Terms against you, as applicable, in their capacity as intended third-party beneficiaries. Please read
this Section 7 carefully.
A. Informal Process First
Both you and Maje Forward agree that, in the event of any Dispute between us, you and Maje Forward, as
applicable, will first contact the other party and make a good-faith, sustained effort to resolve the Dispute,
which shall be a precondition to commencing arbitration or other more formal means of resolution.
B. Mandatory, Binding Arbitration
Both you and The Journey Closet agree that, if a Dispute cannot be resolved without a more formal resolution
process, such Dispute shall be resolved through mandatory, binding individual arbitration in accordance with
this Section 7. You hereby agree to waive your right to go to court to resolve any Dispute between you and us
and/or to assert or defend your rights under these Terms, except for matters that may be taken to court in
accordance with Section 7(C) below. Arbitration will be conducted in the English language and in accordance
with the Consumer Arbitration Rules (the "Arbitration Rules") of the American Arbitration
"AAA") then in effect, as modified by this Arbitration Agreement. The Arbitration Rules are
accessible and can
be viewed online at https://www.adr.org/sites/default/files/Consumer_Rules_Web_2.pdf.
Your rights will be
determined by a neutral arbitrator, and not by a judge or jury. Disputes will be resolved through mandatory,
binding individual arbitration submitted to AAA at either your or our request, as applicable, in accordance
with the Arbitration Rules and subject to the following additional terms and conditions:
(i) Selection of Arbitrator. Arbitration will be conducted by a single neutral arbitrator (the
with substantial experience in resolving consumer and commercial contract disputes and intellectual property
disputes, and will otherwise be selected in accordance with the Arbitration Rules.
(ii) Location of Arbitration Proceedings. The arbitration hearings and conferences, if any, will be
by teleconference or videoconference, unless the Arbitrator determines that in-person proceedings are
necessary. Any in-person arbitration proceedings will be held at an AAA facility in New York, New York or at
a location that is reasonably convenient for both parties, with consideration given to all relevant
(iii) Conduct of Arbitration. The arbitration will be conducted in accordance with the Arbitration
modified by this Arbitration Agreement.
(iv) Findings and Conclusions. The Arbitrator shall, after reaching judgment and award, prepare and
distribute to the parties written findings of fact and conclusions of law relevant to such judgment and
award and containing an opinion setting forth the reasons for the grant or denial of any award. The award of
the Arbitrator shall be final and binding on the parties, and judgment thereon may be entered in a court of
(v) Costs and Fees. Payment of all filing, administration, and applicable Arbitrator's fees will be
by the AAA's Arbitration Rules.
(vi) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms.
C. Small Claims Court; Equitable Relief
Notwithstanding the obligation to resolve Disputes through mandatory, binding arbitration, both you and Maje
Forward may bring a qualifying individual claim in small claims court, in a manner that is consistent with the
jurisdictional and dollar limits that apply. Additionally, both you and Maje Forward have the right to pursue
injunctive or other equitable relief at any time, from any court having jurisdiction, as may be necessary to
protect against infringement or other misuse of intellectual property rights.
D. Class Action Waiver; Waiver of Jury Trial
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, Dispute,
or proceedings by or between you and Maje Forward shall be conducted on an individual basis and not in any
class action, mass action, or on a consolidated or representative basis. You further agree that the Arbitrator
shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated
transactions. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration
proceedings as a representative of others. If for any reason a Dispute proceeds in court rather than in
arbitration, the parties each waive any right to a jury trial. Any claim that all or part of this class action
waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent
jurisdiction, and not by an appointed Arbitrator or any other arbitrator.
You consent to receiving communications from us, including email, text messages, calls, direct mail, and push
notifications, including for the purposes of notifying you about the status of your order, sending you
reminders, facilitating secondary authentication, and providing other information. We may contact you by
telephone calls or text messages, including by an automatic telephone dialing system, at any of the telephone
numbers you provide us. Standard message and data rates charged by your mobile carrier may apply to the text
messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we
provide you. To opt-out of receiving text messages, reply "STOP" to a text message you receive from us or
contact us by email at support@US.majeforward.com or by
(877) 978-3894. You acknowledge that opting out of receiving communications may
impact your use of the Services.
B. Export Laws
You are responsible for complying with U.S. export controls, including any U.S. embargoes or other rules and
regulations governing exports. You agree not to export the Services (including Products and any Maje Forward
Content) or any part thereof, in any way, in violation of U.S. law. You further represent and warrant that you
are not (i) located in, or a resident or a national of, any country subject to a U.S. government embargo or
other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or
(ii) identified on any of the U.S. government's lists of restricted end users.
C. Governing Law/Venue
These Terms are governed and interpreted pursuant to the laws of the United States (including federal
arbitration law) and the laws of the State of New York, without regard to conflicts of law provisions thereof.
Any disputes in connection with these Terms that, notwithstanding the Arbitration Agreement above, results in
court action, shall be resolved exclusively by a state or federal court located in New York County, New York,
and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non
D. Entire Agreement
These Terms, including any Supplemental Terms incorporated herein by reference, constitute the entire
agreement between you and Maje Forward relating to the subject matter herein and shall not be modified except
by Maje Forward in accordance with these Terms, or as otherwise agreed in writing by you and Maje Forward. No
employee, agent, or other representative of Maje Forward has any authority to bind us with respect to any
statement, representation, warranty, or other expression not specifically set forth in these Terms. You
acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Maje Forward, and
that you do not have any authority of any kind to bind us in any respect.
E. Severability and Waiver
If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be deemed severable
and limited or eliminated to the minimum extent necessary, and such provision will not affect the validity or
enforceability of any of the remaining provisions of these Terms. The failure of a party to require
performance of any obligation or provision under these Terms will not affect such party's right to require
performance at any time thereafter. Neither shall a waiver of any breach of or default under any provision of
these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
You may not assign or transfer these Terms or any of your rights or obligations under these Terms without our
prior written consent. We may assign, transfer, or delegate these Terms and our rights and obligations (in
whole or in part) at any time without your consent or notice to you.
Please send any questions, comments, or reports of violations of these Terms, to us by email at support@US.majeforward.com; or (iii) by phone at
(877) 978-3894. California residents can 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 phone at (916) 445-1254 or (800) 952-5210.