Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions (“Terms”) govern your access to and use of the themomentgown.com website (“Website”) and its related services. By accessing, browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this Website. We reserve the right to modify these Terms at any time, and your continued use of the Website constitutes acceptance of any such changes. These Terms incorporate by reference our Privacy Policy, which explains how we collect and use your information.
2. Website Use and Account Responsibilities
You agree to use the Website only for lawful purposes. You are responsible for maintaining the confidentiality of any account credentials and for all activities that occur under your account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. The Moment Gown reserves the right to refuse service, terminate accounts, or cancel orders at its sole discretion.
3. Products, Orders, and Pricing
All features, content, and product descriptions on this Website are subject to change at any time without notice. We make every effort to display our products and their colors as accurately as possible, but we cannot guarantee that your display will be perfectly accurate. We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction, and to limit the quantities of any products or services we offer. All descriptions and pricing are subject to change at any time without notice, at our sole discretion. We are not responsible for typographical errors regarding price or product information.
The Moment Gown reserves the right, at its sole discretion, to refuse or cancel any order. We may require additional verification or information before accepting any order. In the event that a product is mispriced, we may refuse or cancel orders placed for that product, whether or not the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will issue a credit to your original method of payment.
4. Intellectual Property
All content on this Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of The Moment Gown or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. The compilation of all content on this site is the exclusive property of The Moment Gown. You may not reproduce, distribute, modify, create derivative works of, publicly display, or exploit any Website content without our express prior written permission.
5. Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED BY THE MOMENT GOWN ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE MOMENT GOWN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, OR PRODUCTS INCLUDED.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE MOMENT GOWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MOMENT GOWN DOES NOT WARRANT THAT THIS WEBSITE; ITS SERVERS; OR E-MAILS SENT FROM THE MOMENT GOWN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MOMENT GOWN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION OR PRODUCTS OBTAINED THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
6. Indemnification
You agree to indemnify, defend, and hold harmless The Moment Gown and its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms; or (iii) your violation of any third-party right, including any intellectual property right.
7. Governing Law and Dispute Resolution
These Terms and your use of the Website shall be governed by and construed in accordance with the laws of the United States and the State of New York, without regard to its conflict of law provisions. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal or state courts located in New York. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
8. General Provisions
If any provision of these Terms is held to be invalid or unenforceable, that provision shall be struck and the remaining provisions shall remain in full force. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and The Moment Gown regarding your use of the Website, superseding any prior agreements.
