Last Updated: September 13, 2021
Terms & Conditions
Welcome to Something Navy, an online fashion, style and lifestyle destination and e-commerce platform. This website located at https://somethingnavy.com/ (the “Site”) is maintained and operated by Something Navy, Inc. (“Something Navy”, “we”, “us”).
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND SOMETHING NAVY THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
3. Changes to these Terms or the Services. We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. The only exception is for changes to the “Dispute Resolution” section, for which you have followed the process in Section 18(g). Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
4. Supplementary Terms. Certain services, promotions, software or content that we offer may be subject to additional terms and conditions or other agreements (“Supplementary Terms”) specified by us from time to time. In the event of a conflict between the Supplementary Terms and any provision in these Terms, the Supplementary Terms will prevail.
5. Who May Use the Services? You may only use the Services if you are 18 years or older and capable of forming a binding contract with Something Navy, and not otherwise barred from using the Services under applicable law. For certain features of the Services you’ll need an account. It’s important that you provide us with accurate, complete and current account information and keep this information up to date. If you don’t, we might have to suspend or terminate your account. To protect your account, keep the account details and password confidential, and notify us right away of any unauthorized use. You’re responsible for all activities that occur under your account, including, without limitation, all purchase transactions.
6. Something Navy Marketplace (a) General. Through the Services, we provide the Something Navy Marketplace where you can buy products offered for purchase by Something Navy or a Third-Party Seller (each a “Product”). An “Order” is the order you place for a Product through the Something Navy Marketplace. A “Third-Party Seller” is a third-party supplier of a Product offered for purchase via the Something Navy Marketplace. As further described below, when you purchase a Product offered by a Third-Party Seller on the Something Navy Marketplace, the Third-Party Seller is responsible for fulfilling your Order, as well as handling the shipping and any returns related to your Order. We don’t manufacture, prepare or provide any Products offered by Third-Party Sellers through the Something Navy Marketplace. Something Navy’s responsibilities under these Terms with respect to a Third-Party Seller’s Products are limited solely to facilitating the availability of the Something Navy Marketplace and administering payments for those Products on behalf of users. Something Navy disclaims all warranties, express or implied relating to any Third-Party Seller and a Third-Party Seller’s Products and limits its liability in these Terms. You’ll see that we’ve included a disclaimer towards the end of these Terms. (b) Product Purchasing (i) Ordering and Payment. By placing an Order via the Something Navy Marketplace whether for a Product offered by Something Navy or a Third-Party Seller, you agree: (i) that Something Navy may, directly or through a third party payment processor, charge the credit card, debit card or other payment method you have chosen for your purchase for the total amount of your Order (including any applicable taxes, shipping and handling fees) for verification, pre-authorization and payment purposes; and (ii) to bear any additional charges that your bank or other financial service provider may levy on you. When your Order is accepted via the Something Navy Marketplace you will be sent an email which will include the details of your Order and an Order number that you should refer to if you have any questions regarding your Order. When you place an Order for a Product offered by Something Navy, Something Navy is responsible for honoring and fulfilling any confirmed Order. When you place an Order for a Product offered by a Third-Party Seller, the Third-Party Seller, not Something Navy, is responsible for honoring and fulfilling any confirmed Orders for its Products. This includes making the applicable Product available and shipping such Product to you. For further information on Shipping and Returns, please see Section 6(b)(iii) below.
We reserve the right to not process or reject your Order in certain circumstances, for example, if your payment method is declined, if we suspect the Order is fraudulent, or in other circumstances Something Navy deems appropriate in its sole discretion. We or the applicable Third-Party Seller may also limit the Order quantity, extend the delivery timeline for any reason after an Order has been placed and accepted, and/or refuse to ship a Product to you for any reason.
Every effort has been made to display as accurately as possible the colors and images of the Products. We cannot guarantee that your computer monitor's display of any color will be accurate. All Products descriptions are subject to change at any time without notice, in our sole discretion or that of the Third-Party Seller, as applicable. Any Product may be discontinued at any time. Any offer for any Product made via the Something Navy Marketplace is void where prohibited.
The Services are intended solely for the sale of our Products direct to end consumers, and therefore the purchase of our Products for resale is strictly prohibited. Purchase for resale means the purchase of a Product by someone that resells, or intends to resell, such Product to others (e.g., consumers, businesses or any third party). If we believe you are involved in purchase for resale, we reserve the right to take any action against you, including, without limitation, to restrict the sales of our Products to you, cancel your orders, and/or suspend or terminate your account.
(ii) Prices and Taxes. All prices for the Products displayed via the Something Navy Marketplace are in U.S. dollars and are subject to change at any time without notice. The prices displayed do not include shipping and handling charges or applicable taxes, which charges and taxes will be communicated to you at check out before you place an Order and you are responsible for paying such charges and taxes to Something Navy.
(i) Shipping and Returns. All Product purchases via the Something Navy Marketplace are also governed by the shipping, return, and exchange policies located here at Shipping and Returns Policies, which are incorporated into these Terms by reference. Please review all Shipping and Returns Policies before purchasing a Product offered by Something Navy or a Third-Party Seller via the Something Navy Marketplace. Any Products purchased through an unauthorized vendor cannot be returned or exchanged. 7. Your Content. (a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, and video. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. (b) Permissions to Your User Content. By making any User Content available through the Services you hereby grant to Something Navy a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services. (c) Your Responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Something Navy on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(d) Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. (e) Something Navy’s Intellectual Property. We may make available through the Services content that is subject to intellectual property rights. We retain all rights to that content.
8. Feedback. We value your feedback on the Services and our products, but please don’t send us suggestions for improvements, creative ideas, designs, pitch portfolios or other materials (collectively “Unsolicited Ideas”). This policy is aimed at avoiding potential disputes or misunderstandings when our Services or products might seem similar to Unsolicited Ideas that people submit. We may currently be developing, have developed or in the future will develop ideas or materials internally or receive ideas or materials from other parties that may be similar to Unsolicited Ideas. If you ignore this policy and send us your Unsolicited Ideas anyway, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, make, have made, sell, offer for sale, import and otherwise exploit your Unsolicited Ideas for any purpose, without compensation to you. 9. General Prohibitions and Something Navy’s Enforcement Rights You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
(b) Use, display, mirror, extract, scrape, copy, index or frame the Services (including any content made available by us therein) or any individual element within the Services, Something Navy’s name, any Something Navy trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Something Navy’s express written consent;
(c) Access, tamper with, or use non-public areas of the Services, Something Navy’s computer systems, or the technical delivery systems of Something Navy’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Something Navy system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Something Navy or any of Something Navy’s providers or any other third party (including another user) to protect the Services;
(f) Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Something Navy or other generally available third-party web browsers;
(g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; (h) Use any meta tags or other hidden text or metadata utilizing a Something Navy trademark, logo URL or product name without Something Navy’s express written consent; (i) Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information; (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
(l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; (m) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; (n) Impersonate or misrepresent your affiliation with any person or entity;
(o) Violate any applicable law or regulation; or (p) Encourage or enable any other individual to do any of the foregoing. Something Navy is not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. You are solely responsible for your interactions with other users of the Site and Something Navy bears no responsibility for your interactions with other users of the Site. Further, Something Navy is not party to any disputes between you and other users. 10. DMCA/Copyright Policy. Something Navy respects copyright law and expects its users to do the same. It is Something Navy’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at copyright.gov/legislation/dmca.pdf, Something Navy will respond expeditiously to claims of copyright infringement committed using the Site that are reported to Something Navy’s Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to Something Navy’s Designated Copyright Agent. Upon receipt of the Notice as described below, Something Navy will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site. You may submit your Notice to us by providing the following written information:
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Something Navy’s Designated Copyright Agent: By Mail:
Something Navy’s Designated DMCA Agent
c/o Something Navy, Inc.
35 E 21st Street
New York, NY 10010
By Email: email@example.com (with DMCA Notice in the subject line.)
Please Note: The preceding information is provided exclusively for notifying Something Navy about claims of copyright infringement committed using the Site. All other inquiries, such as product or service related questions and requests will not receive a response though this process. 11. Links to Third Party Sites or Resources. The Services may allow you to access third-party sites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
12. Ratings and Reviews. You may provide rating and reviews for certain products or services offered therein. The reviews are prompted from and managed by an external service named YotPo. If you decide to use the YotPo review tool, you agree to the YotPo terms and conditions located at https://www.yotpo.com/terms-of-service/ including without limitation, Sections 2, 3.2, 4, 7, and 9. Without limiting any other terms of these Terms, you further represent and warrant to us and YotPo that your use of the review tool, and any submissions you make are honest, personally made by you, are for non-commercial purposes only, and do not infringe or violate any applicable third party rights, rules, laws, or regulations. We have no control over such rating or reviews. Please note that although we may monitor reviews submitted via our Services, we do not endorse any such review, nor can we verify the accuracy or authenticity of any reviews. 13. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at firstname.lastname@example.org. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6 (only for payments due and owing to Something Navy prior to the termination), 7(b), 7(c), 7(e), 8, 13, 14, 15, 16, 17, 18, 19 and 20.
14. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IN ADDITION, SOMETHING NAVY WILL NOT BE LIABLE FOR ANY SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PAYMENT PROCESSING, ACCEPTANCE, COMPLETION, DELIVERY OR SETTLEMENT OF ANY TRANSACTIONS. SOMETHING NAVY MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION, CONTENT, ORDER OR PRODUCT OBTAINED AS A RESULT OF YOUR USE OF THE SERVICES.
SOMETHING NAVY MAKES NO WARRANTY AS TO THE CONDUCT OF THIRD-PARTY SELLERS OR USERS OF THE SERVICES AND ASSUMES NO RESPONSIBILITY FOR A THIRD-PARTY SELLER’S OR A USER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. SOMETHING NAVY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, THIRD-PARTY SELLER, OR OTHER THIRD PARTY. SOMETHING NAVY DISCLAIMS ALL LIABILITY RELATING TO ANY PRODUCTS PROVIDED BY OR FOR ANY THIRD-PARTY SELLER.
For warranty information regarding a Third-Party Seller’s Product, please refer to any information provided with such Product.
15. Indemnity. You will indemnify and hold Something Navy and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
16. Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SOMETHING NAVY NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR ANY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SOMETHING NAVY OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL SOMETHING NAVY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH ANY THIRD-PARTY SELLERS OR OTHER USERS EXCEED (A) THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO SOMETHING NAVY FOR USE OF THE SERVICES OR FOR ANY PRODUCTS, OR (B) ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO SOMETHING NAVY, AS APPLICABLE.
(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SOMETHING NAVY AND YOU.
17. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Something Navy are not required to arbitrate will be the state and federal courts located in the County of New York, and you and Something Navy each waive any objection to jurisdiction and venue in such courts.
18. Dispute Resolution. (a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Something Navy agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Something Navy are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. (b) Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
(f) Class Action Waiver. YOU AND SOMETHING NAVY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(g) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 3 “Changes to Terms or Services” above, if Something Navy changes any of the terms of this Section 18 “Dispute Resolution” after the date you most recently accepted these Terms, you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Something Navy’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Something Navy in accordance with the terms of this Section 18 “Dispute Resolution” as of the date you most recently accepted these Terms. (h) Severability. With the exception of any of the provisions in Section 18(f) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
19. General Terms. (a) Reservation of Rights. Something Navy and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. (b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Something Navy and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Something Navy and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Something Navy’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Something Navy may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. (c) Notices. Any notices or other communications provided by Something Navy under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. (d) Waiver of Rights. Something Navy’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Something Navy. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
20. Affiliate Disclosure
This Affiliate Disclosure Policy (“Disclosure”) is provided by Something Navy, LLC (“Something Navy” or “we” or “our”), and applies to our website located at somethingnavy.com (the “Site”) and any posts by us or our contributors or other articles or editorial content where we may make a link to this Disclosure available (“Posted Material”), including without limitation on our social media channels. We provide this Disclosure for the purpose of disclosing Something Navy’s financial relationship with affiliates, advertisers, sponsors and other third parties that appear on the Site (collectively, “Affiliates”).
Sometimes Something Navy receives monetary and other forms of compensation from Affiliates for various advertising, sponsorship, insertion orders and promotional campaigns that we feature on the Site and/or provide in connection with Posted Content. In other words, sometimes there is a paid connection between a product or service mentioned, reviewed or recommended by us on the Site and the Affiliate (e.g., a third-party retailer or advertiser of that third-party product or service (each an “Affiliate Product”)). If you ultimately decide to purchase an Affiliate Product mentioned on the Site or in our Posted Materials, we may receive compensation as a result of that purchase.
For example, we may promote certain editorial content on the Site featuring an Affiliate Product or our Posted Material may also show us wearing or otherwise using Affiliate Products. In these instances that content may link to third-party owned and operated websites where you can purchase that specific Affiliate Product. When you click on a link to an Affiliate Product on the Site, or one appearing in our Posted Material, and then complete a purchase for that product, Something Navy may receive a commission from the Affiliate.
Even though we may receive compensation in connection with your purchase of Affiliate Products as outlined above, we provide our honest opinions, findings, beliefs, and experiences with respect to any Affiliate Products mentioned, reviewed or recommended by us on the Site or in connection with Posted Materials.
Should you have any questions or comments regarding this Disclosure you can contact us at: firstname.lastname@example.org.
21. Contact Information. If you have any questions about these Terms or the Services, please contact Something Navy at email@example.com.
I. PERSONAL INFORMATION WE COLLECT
The categories of personal information we collect depend on whether you are a customer, user, applicant or visitor, and the requirements of applicable law.
Information You Provide to Us.
Subscription: We collect personal information from you such as your name, email address, phone number, or mailing address when you request information about our Services, register for our newsletter or loyalty program, request customer or technical support, apply for a job or otherwise communicate with us.
Purchases: When you purchase goods from us, we collect personal information such as your name, email address, phone number, delivery and billing address(es), and payment information.
Surveys: We may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information which may include personal information.
Social Media Content: We may offer forums, blogs, or social media pages. Any content you provide on these channels will be considered “public” and is not subject to privacy protections.
Registration for Sweepstakes or Contests: We may run sweepstakes and contests. Contact information you provide may be used to reach you about the sweepstakes or contest and for other promotional, marketing and business purposes, if permitted by law. In some jurisdictions, we are required to publicly share information of winners.
Information Collected Automatically or From Others
Automatic Data Collection: We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
In addition, we may automatically collect data regarding your use of our Services, such as the types of content you interact with and the frequency and duration of your activities. We may combine your information with information that other people provide when they use our Services, including information about you when they tag you.
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in the Services that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics: We may also use Google Analytics and other service providers to collect information regarding visitor behavior and visitor demographics on our Services. For more information about Google Analytics, please visit google.com/policies/privacy/partners. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to tools.google.com/dlpage/gaoptout.
Information from Other Sources: We may obtain information about you from other sources, including through third party services and organizations to supplement information provided by you. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made public via your privacy settings. Information we collect through these services may include your name, your user identification number, your user name, location, gender, birth date, email, profile picture, and your contacts stored in that service. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with information about our business, products, and Services.
II. HOW WE USE YOUR INFORMATION.
We use your information for a variety of business purposes, including to:
Fulfill our contract with you and provide you with our Services, such as:
Managing your information and accounts;
Providing access to certain areas, functionalities, and features of our Services;
Communicating with you about your account, activities on our Services and policy changes;
Undertaking activities to verify or maintain the quality or safety of a service or device;
Processing your financial information and other payment methods for products or Services purchased;
Providing advertising, analytics and marketing services;
Processing applications and transactions; and
Allowing you to register for events.
Analyze and improve our Services pursuant to our legitimate interest, such as:
Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;
Measuring interest and engagement in our Services and short-term, transient use, such as contextual customization of ads;
Undertaking research for technological development and demonstration;
Researching and developing products, services, marketing or security procedures to improve their performance, resilience, reliability or efficiency;
Improving, upgrading or enhancing our Services or device [or those of our Providers];
Developing new products and Services;
Ensuring internal quality control;
Verifying your identity and preventing fraud;
Debugging to identify and repair errors that impair existing intended functionality;
Enforcing our terms and policies; and
Complying with our legal obligations, protecting your vital interest, or as may be required for the public good.
Provide you with additional content and Services, such as:
Furnishing you with customized materials about offers, products, and Services that may be of interest, including new content or Services;
Auditing relating to interactions, transactions and other compliance activities; and
Other purposes you consent to, are notified of, or are disclosed when you provide personal information.
Use De-identified and Aggregated Information. We may use personal information and other data about you to create de-identified and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services, or other analyses we create.
Share Content with Friends or Colleagues. Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.
Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular site behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality;
Performance Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how our visitors use the Services;
Functionality Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;
Advertising or Targeting Related. We may use first party or third-party Technologies to deliver content, including ads relevant to your interests, on our Services or on third party sites.
Cross-Device Tracking: Your browsing activity may be tracked across different websites and different devices or apps. For example, we may attempt to match your browsing activity on your mobile device with your browsing activity on your laptop. To do this our technology partners may share data, such as your browsing patterns, geo-location and device identifiers, and will match the information of the browser and devices that appear to be used by the same person.
Notice Regarding Third Party Websites, Social Media Platforms and Software Development Kits. The Services may contain links to other websites, and other websites may reference or link to our website or other Services. These other websites are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
We may use third party APIs and software development kits (“SDKs”) as part of the functionality of our Services. APIs and SDKs may allow third parties including analytics and advertising partners to collect your personal information for various purposes including to provide analytics services and content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
III. DISCLOSING YOUR INFORMATION TO THIRD PARTIES.
Except as provided below, we do not share your personal information.
For a list of the categories of personal information we have disclosed about consumers for a business purpose in the past 12 months, please click here.
For a list of the categories of personal information we have sold about consumers in the past 12 months, please click here.
Service Providers: We may share any personal information we collect about you with our third-party service providers. The categories of service providers (processors) to whom we entrust personal information include: IT and related services; information and services; order fulfillment and delivery partners; payment processors and point-of-sale systems; customer service providers; and vendors to support the provision of the Services.
Business Partners: We may provide personal information to business partners with whom we jointly offer products or services. In such cases, our business partner’s name will appear along with ours.
Affiliates: We may share personal information with our affiliated companies, including our parent companies and their subsidiaries and other affiliates.
Advertising Partners: Through our Services, we may allow third-party advertising partners to set Technologies and other tracking tools to collect information regarding your activities and your device (e.g., your IP address, mobile identifiers, page(s) visited, location, time of day). We may also combine and share such information and other information (such as demographic information and past purchase history) with third party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit third party websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Services to share information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer not to share your personal information with third party advertising partners, you may follow the instructions below.
Disclosures to Protect Us or Others: We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.
Disclosure in the Event of Merger, Sale, or Other Asset Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.
International Data Transfers: You agree that all information processed by us may be transferred, processed, and stored anywhere in the world, including but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. Further details can be provided upon request.
IV. YOUR CHOICES.
You may opt-out of receiving our newsletter emails or the service(s) you requested. To stop receiving our newsletter, simply click the “unsubscribe from this list” or “update subscription preference” links at the bottom of such newsletter, or contact us at support@Somethingnavy.com.
General. You have certain choices about your personal information. Where you have consented to the processing of your personal information, you may withdraw that consent at any time and prevent further processing by contacting us as described below. Even if you opt out, we may still collect and use non- personal information regarding your activities on our Services and for other legal purposes as described above.
We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law. “Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
Cookies and Interest-Based Advertising. You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at optout.networkadvertising.org, youronlinechoices.eu, youradchoices.ca/choices, and aboutads.info/choices. To separately make choices for mobile apps on a mobile device, you can download DAA’s AppChoices application from your device’s app store. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.
Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes. Your Privacy Rights. In accordance with applicable law, you may have the right to:
Access to/Portability of Personal Data about you consistent with legal requirements. In addition, you may have the right in some cases to receive or have your electronic Personal Data transferred to another party.
Request Correction of your personal information where it is inaccurate or incomplete. In some cases, we may provide self-service tools that enable you to update your personal information or we may refer you to the controller of your personal information who is able to make the correction.
Request Deletion of your personal information, subject to certain exceptions prescribed by law.
Request Restriction of or Object to Processing or Sale of your personal information, including the right to opt in or opt out of the sale of your Personal Data to third parties, if applicable, where such requests are permitted by law. If you would like to exercise any of these rights, please contact us as set forth below. We will process such requests in accordance with applicable laws. To protect your privacy, we will take steps to verify your identity before fulfilling your request.
V. DATA RETENTION.
VI. SECURITY OF YOUR INFORMATION.
By using the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
VII. CHILDREN’S INFORMATION.
The Services are not directed to children under 17 (or other age as required by local law), and we do not knowingly collect personal information from children. If you learn that your child has provided us with personal information without your consent, you may contact us as set forth below. If we learn that we have collected any personal information in violation of applicable law, we will promptly take steps to delete such information and terminate the child’s account.
VIII. OTHER PROVISIONS.
SUPERVISORY AUTHORITY. If you are located in the European Economic Area or the UK, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.
IX. CONTACT US.
Something Navy, LLC
35 East 21st Street, NYC, NY 10010 +1 (833) 928-2478 firstname.lastname@example.org