Welcome to ManeVoyage! These Terms and Conditions (“Terms”) govern your use of the ManeVoyage website and mobile applications (collectively, the “Services”) and your rental, purchase, or use of hair styling tools and related products (collectively, the “Products”) provided by ManeVoyage, LLC (“ManeVoyage,” “we,” “us,” or “our”).
By accessing or using the Services, creating an account, or placing an order, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. We also reserve the right to correct any typographical errors, inaccuracies, or omissions without the need for notification. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
ELIGIBILITY AND ACCOUNT REGISTRATION
To use our Services, you must be at least 13 years old. If you are under 18, you may use the Services only with the involvement of a parent or guardian. You must create an account (“Account”) to access certain features, provide accurate information, and keep your credentials secure. You are responsible for any activity that occurs under your Account.
You may only create one Account per individual. You may not use someone else’s Account or share your login credentials with others. ManeVoyage reserves the right to suspend or terminate your Account for any misuse or violation of these Terms.
ACCESS THROUGH THIRD-PARTY ACCOUNTS
You may access our Services using credentials from third-party platforms (e.g., Google, Meta). By doing so, you authorize ManeVoyage to access certain information from your third-party accounts in accordance with our Privacy Policy.
PERSONAL USE ONLY
You agree to use the Services and Products only for your personal, non-commercial use, in compliance with all applicable laws. Any unauthorized use, including but not limited to resale, sharing, or modification of Products, is strictly prohibited.
MEMBERSHIP SERVICES
ManeVoyage offers subscription-based rental services (“Membership Services”).
4.1 Billing and Renewal When you subscribe, you will be billed the applicable monthly fee (“Subscription Fee”) plus taxes on your Billing Date. Your subscription renews automatically each month unless paused or canceled in accordance with these Terms.
4.2 Membership Plans You may choose from various subscription plans that allow you to rent a set number of tools at a time (“Spots”). Plan details and prices are listed on our website. Not all Products may be available under all plans.
4.3 Pausing Membership You may pause your subscription by returning your products. Pausing with Products incurs a reduced fee. See our FAQ for details on pausing options and related fees.
4.4 Canceling Membership You may cancel your Membership through your account settings. Upon cancellation, you must return all rented Products by your next Billing Date to avoid late fees. We do not offer refunds for partially used billing periods.
ONE-TIME RENTALS (“RESERVE”)
You may rent Products for a one-time use period (e.g., 4 or 8 days). The rental fee includes the base rental cost, taxes, rental protection (if applicable), and shipping. Availability of specific Products is not guaranteed.PRODUCT CARE AND RESPONSIBILITY
You agree to treat the Products with care. ManeVoyage provides rental protection that covers normal wear and tear (e.g., minor scratches, cosmetic scuffs). You are responsible for any loss, theft, or damage beyond normal wear, including but not limited to burned cords, cracked plates, or electrical failure due to misuse. In such cases, you authorize us to charge your Payment Method up to the retail or comparable value of the Product at the time of damage.
RETURNS AND LATE FEES
7.1 Returning Products You must return rented Products using the prepaid return packaging provided by ManeVoyage by the return date stated in your account or invoice. Failure to do so may result in late fees.
7.2 Late Fees If a Product is not returned by the due date, we may charge a daily late fee up to the full retail value of the Product (“Maximum Late Fee”). Once this fee is paid, the Product is considered purchased and may be kept. Per day late fee incurred is $25/day.
7.3 Lost or Damaged Packaging If you lose the provided return packaging, you must return the Products using your own packaging at your expense. You may also be charged a replacement fee for lost or damaged branded packaging.
ONE-TIME RENTALS (“RESERVE”)
You may rent Products for a one-time use period (e.g., 4 or 8 days). The rental fee includes the base rental cost, taxes, rental protection (if applicable), and shipping. Availability of specific Products is not guaranteed.PRODUCT CARE AND RESPONSIBILITY
You agree to treat the Products with care. ManeVoyage provides rental protection that covers normal wear and tear (e.g., minor scratches, cosmetic scuffs). You are responsible for any loss, theft, or damage beyond normal wear, including but not limited to burned cords, cracked plates, or electrical failure due to misuse. In such cases, you authorize us to charge your Payment Method up to the retail or comparable value of the Product at the time of damage.
RETURNS AND LATE FEES
7.1 Returning Products You must return rented Products using the prepaid return packaging provided by ManeVoyage by the return date stated in your account or invoice. Failure to do so may result in late fees.7.2 Late Fees If a Product is not returned by the due date, we may charge a daily late fee up to the full retail value of the Product (“Maximum Late Fee”). Once this fee is paid, the Product is considered purchased and may be kept. Per day late fee incurred is $25/day.
7.3 Lost or Damaged Packaging If you lose the provided return packaging, you must return the Products using your own packaging at your expense. You may also be charged a replacement fee for lost or damaged branded packaging.
PURCHASES
Products may be made available for purchase. The purchase price includes applicable taxes and shipping. All purchases are final unless otherwise specified. Returns may be allowed in limited circumstances subject to a restocking fee.DELIVERY
You are responsible for providing accurate shipping information. ManeVoyage is not responsible for delays or losses caused by incorrect shipping details or failure to accept delivery. Once delivered, you are responsible for the Products until returned.PAYMENT TERMS
You agree to pay all charges incurred on your Account, including Subscription Fees, rental fees, late fees, and replacement fees. Payments are processed by third-party providers. You must keep your Payment Method valid and up-to-date.PROMOTIONS AND REFERRALS
From time to time, we may offer promotional rates or referral programs. These promotions are subject to change or cancellation at our discretion and are not transferable. Referral credits may be subject to expiration and usage restrictions.INTELLECTUAL PROPERTY
All content and materials on the ManeVoyage site and app, including logos, images, and text, are owned by ManeVoyage or its licensors and protected by law. You may not use our intellectual property without prior written consent.DISCLAIMERS AND LIMITATION OF LIABILITY
ManeVoyage provides the Services and Products “AS IS” and without warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties and shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Services or Products.INDEMNIFICATION
You agree to indemnify and hold ManeVoyage harmless from any claims, damages, or losses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.GOVERNING LAW
These Terms are governed by the laws of the State of [Insert State], without regard to conflict of laws principles. Any disputes shall be resolved through binding arbitration, except for claims that qualify for small claims court.CHANGES TO TERMS
ManeVoyage may update these Terms at any time. Continued use of the Services after such updates constitutes your acceptance of the revised Terms.CONTACT INFORMATION
If you have any questions or concerns about these Terms, please contact us at support@manevoyage.com
Our Content
We and/or our suppliers and licensors own the Products and Services (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, Mane Voyage (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.
Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. The App is licensed (not sold) to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content
Anything that you post, upload, share, store, provide, or otherwise make available through the Services (including, but not limited to, Product reviews and photos, ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content) is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) 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 User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Mane Voyage under any fiduciary or other obligation.
You hereby grant to Mane Voyage and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Use Restrictions
You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Products or Services or interact with the Services in a manner that:
• Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including Mane Voyage);
• Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;
• Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or is otherwise offensive or objectionable;
• is for any commercial purpose or is used for any purpose not reasonably intended by Mane Voyage;
• Jeopardizes the security of your or any other Mane Voyage user’s Account (such as by allowing someone else to log in to your Account);
• Attempts, in any manner, to obtain the Mane Voyage User ID, password, Account, or other security information of or from any other Mane Voyage user or impersonates any other person, including but not limited to a Mane Voyage representative;
• Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
• Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
• Restricts or prohibits any other person from using the Services;
• Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;
• Removes or obscures any copyright, trademark, or other proprietary notice from the Services;
• Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, Mane Voyage grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Mane Voyage reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
• Systematically copies or stores any portion of the Content;
• Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by applicable law;
• Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or
• Posts or transmits 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 or any other businesses or services.
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
In our effort to protect our customers, we may screen your use of our Services for potential signs of fraud which may result in cancellation or termination of any of our Services and/or temporary or permanent suspension of Accounts. If you believe your transaction or Service was canceled in error, or your Account suspended in error, please contact us and we may reinstate your Account, transaction or Service, in our sole discretion.
Third Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by Mane Voyage (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
Mane Voyage has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party Materials. In addition, Mane Voyage has no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Services, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials.
If there is a dispute between participants on this site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that Mane Voyage is under no obligation to become involved and you are solely responsible for such disputes.
Ratings and Reviews
Our Services may request that you rate and post text or photo reviews of rental Products. Any ratings or reviews provided by you are considered User Submissions and are governed by these Terms. Ratings and reviews are not endorsed by Mane Voyage, and do not represent the views of Mane Voyage or of any affiliate or partner of Mane Voyage. Mane Voyage does not assume liability for any ratings and reviews or for any claims, liabilities, or losses resulting from or relating to ratings or reviews. We reserve the right to modify, remove, or exclude any rating and/or review for any reason at any time, without notice.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to Mane Voyage a written notice by mail, email, or fax, requesting that Mane Voyage remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Mane Voyage a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Mane Voyage as follows: by mail to Mane Voyage, Inc., 10 Jay Street, Brooklyn, NY 11201; by email to legal@renttherunway.com; or by phone via 212-524-6860.
Additional Terms for Mobile Applications
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Mane Voyage in accordance with the “Information or Complaints” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of the Terms, 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. Notwithstanding the foregoing, Mane Voyage’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.
MISCELLANEOUS LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE Mane Voyage PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO Mane Voyage IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO NEW JERSEY RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE Mane Voyage PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE Mane Voyage PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Neither Mane Voyage nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (Mane Voyage and all such parties together, the “Mane Voyage Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the Mane Voyage Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY Mane Voyage (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND Mane Voyage HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us or on behalf of RTR, including informational text messages (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information), to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing help@renttherunway.com. If you choose to opt-out of text messages, you may receive an additional message confirming your request has been processed. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. For support regarding the Services, text “HELP” to the number you received messages from or email us at help@renttherunway.com. You agree to indemnify and hold Mane Voyage harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Export Control
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) 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 (b) on any of the U.S. government lists of restricted end users.
Proposition 65 Notice to California Residents
California Proposition 65 (“Prop 65”) requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm after significant exposure. You may see Prop. 65 warnings based on information the seller has shared with us that we’re passing along to you. Further information regarding California Proposition 65 may be obtained online by visiting
www.p65warnings.ca.gov.
Indemnity
You agree to indemnify and hold the Mane Voyage Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to and use of the Services (including any actions taken by a third party using your account) and any Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without Mane Voyage’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will be referenced herein as the “Arbitration Agreement”) because it requires you to arbitrate certain disputes and claims with Mane Voyage and limits the manner in which you can seek relief from Mane Voyage. Both you and Mane Voyage acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Mane Voyage’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
(b) Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration.
(c) Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve disputes using arbitration, both you and Mane Voyage may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, both you and Mane Voyage will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. You and Mane Voyage are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and Mane Voyage, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
(e) Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits either you or Mane Voyage to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and Mane Voyage agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in New York County, New York.
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with Mane Voyage.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Mane Voyage does not endorse any of the products or services listed on such site.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase or rental of any Products and Membership Services), provided that Mane Voyage may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that Mane Voyage is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
Entire Agreement
You and Mane Voyage agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Mane Voyage, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Mane Voyage, and you do not have any authority of any kind to bind Mane Voyage in any respect whatsoever.
Please review these Terms carefully. Your continued use of ManeVoyage constitutes your agreement to abide by these Terms and Conditions.