Terms of Use
Welcome to Minus Tags
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR SERVICES.
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Minus Tags's website if you do not accept all of the terms and conditions stated on this page. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same. These Terms of Use constitute a legally binding agreement (the "Terms") between you and Minus Tags. and its affiliates ("Minus Tags," "we," "us" or "our") governing your use of our website(s), mobile applications, stores and other services or content available through the foregoing (collectively, the "Services"). You also agree to and accept our Privacy Policy, which describes how we use the information you provide Minus Tags and is incorporated into these Terms by reference.
By using the Services, you affirm that you are able and legally competent to agree to and comply with these Terms of Use. By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Minus Tags's website if you do not accept all of the terms and conditions stated on this page .These Terms govern how claims you and Minus Tags have against each other can be brought and will require you to submit claims you have against Minus Tags to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding. If you do not agree to be bound by these Terms, you may not use or access the Services or purchase any of the offered products.
Introduction
Minus Tags is an apparel resale website, offering a convenient option for shopping quality secondhand women's clothing and accessories. Please visit our minus tags support center for additional detailed information on how our Services work.
Trademark Notice
Please note that Minus Tags is an independent reseller of like very good quality in some manners like new clothing and accessories and is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that are listed through our Services. All third party brand names and logos used in any commercial context by Minus Tags are trademarks and/or registered trademarks of their respective holders.
Privacy and Data Retention
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Services. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. If you do not agree with our collection, storage and use of such information as described in the Privacy Policy, do not use our Services.
Minus Tags will retain your information as long as we deem necessary. You may inform us of any changes or requests about your personal data, and in accordance with our obligations under local data protection law, we will use all reasonable means to update or delete your personal data accordingly. However, Minus Tags will retain and use your information as necessary to comply with our legal obligations, resolve disputes and enforce our agreements. Minus Tags reserves the right at all times to disclose any information as Minus Tags deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Changes
We may revise these Terms, our Privacy Policy and/or the Services at any time. Your use of the Services following any change constitutes your agreement to follow and be bound to the Terms of Use and Privacy Policy as revised. We will always post the most current version on our website. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current email address, which you may do when you create an account, and you may update it by modifying the information when logged in to your account. For existing users of the Services, any changes to these Terms will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
License Grant
Minus Tags operates one or more websites and related mobile applications where the Services can be accessed (collectively, the "Website"). The Website contains data, text, graphics, photographs, graphs, sounds, images, audio, page headers, software (including HTML and other scripts), buttons, video, and other icons, all of which are arranged and compiled (all of the above "Information"), and which is either owned or licensed by the Company. The Website contains both public and restricted areas. Only persons who have registered as members with the Company and who have been issued a user identification and password have a license to access the Website's restricted area.
Areas of the Website that are accessible by non-members are called "Public Area". Your use of this Website and access to the Information is expressly conditioned upon your agreement that all such access and use shall be governed by the terms set forth in these Terms of Use. Accordingly, you hereby acknowledge and agree as follows:
You are hereby granted a non-transferable, non-sublicensable, limited, revocable, right and license to access and make use of the Website for your own exclusive benefit and solely for the purposes intended by the Website ("License"). The scope of your License right and use of the Website's facilities is determined by the membership level for which you have registered. If it is intended that the Website and Information contained therein be used by users (whether persons or entity) other than you, you will require a separate License for each such said user.
Account Registration
In order to use the Services, you must register an account with Minus Tags directly or through a third party service (a "TPS") such as Facebook. By enabling TPS access, you are allowing us to pass your login information to these service providers for this purpose. In addition, you are allowing us to access, make available, and store any information, content, or other materials that you have provided to or stored in your TPS account.
Please remember that the manner in which a TPS uses, stores and discloses your information is governed solely by the policies of such TPS and Minus Tags shall have no liability or responsibility for the privacy practices or other actions of any TPS that may be enabled within the Services.
If you choose to register an account with the Services (whether directly or through a TPS), you agree to provide and maintain accurate, current and complete information about yourself. Registration data and certain other information about you are governed by our Privacy Policy. Unless we expressly authorize you to do so, you are only authorized to create and use one account for the Services and are prohibited from using alter egos or other disguised identities when using the Services.
You also represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account; and (c) that you have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Minus Tags reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created under these Terms or your use of the Services.
Special Offers
Minus Tags periodically publishes special offers through email, social media or other channels. Each offer will contain the specific details for the special offer and a link to our rules.
Right to Access
The Services are not targeted towards, nor intended for use by, anyone under the age of 13. If you are not at least 13 years of age, do not access, use or register for an account. In addition, you may not make a purchase from our Sites unless you are at least 18 years of age.
Consent To Receive Emails
By creating an account, you agree that you may receive communications from Minus Tags, including, but not limited to, newsletters, promotions, special offers, account reminders and updates. You also understand that you can remove yourself from these communications by clicking the "Unsubscribe" link in the footer of the actual email.
Transactions and Pricing
In order to make a purchase using the Services, you must have a valid payment method on file with us. You are responsible for paying all fees and applicable taxes associated with our Services. If your payment method fails, or your account is past due, we may collect fees owed using other collection mechanisms. This includes, without limitation, charging other payment methods on file with us, retaining collection agencies and for accounts over 180 days past due, deducting the amount owed from your approved online payment account. To ensure uninterrupted service and to enable you to conveniently make additional purchases, Minus Tags will store and update (e.g. upon expiration) your payment method on file.
The strikethrough price shown next to any listed item represents the estimated original retail price of a comparable item of the same quality, construction and material offered elsewhere in new condition. If more than one strikethrough price is shown, the highest-priced strikethrough price next to the item represents the estimated original retail price referenced above and the lower-priced strikethrough price represents the original listed price on Minus Tags. While we acknowledge that pricing is not an exact science, we strive to provide fair and accurate pricing information. Our reference prices are set by a seasoned team of merchants who monitor market prices for the brands and styles that we sell. If the comparison price is an important factor in your purchasing decision, we recommend that you do your own comparison shopping as well.
Our inventory availability and listing prices are subject to change at any time without notice. In order to maximize the selection of items available for sale, Minus Tags reserves the right, in its sole discretion, to limit the amount of time an item may remain in a customer cart. Unfortunately, at times pricing or typographical errors may occur. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Minus Tags reserves the right, at our sole discretion, to refuse or cancel any orders placed for that item.
To the fullest extent permitted by law, we reserve the right to cancel any promotion, discount, coupon or similar incentive before its originally stated expiration date without notice and at our sole discretion. Please note that only one account per delivery address may be eligible for new customer and first-time purchase codes and discounts. Except as otherwise stated, all prices are quoted in U.S. Dollars and all promotions are limited to U.S. customers.
For additional information on transactions and pricing, please visit our minus tags support center
Product Descriptions
While we attempt to be as accurate as possible, Minus Tags does not warrant that product descriptions or other content of any Services is accurate, complete, reliable, current, or error-free. We have made every effort to display as accurately as possible the colors and styles of our products. We cannot guarantee that your computer monitor's display of any color or style will be accurate. If a product offered by Minus Tags is not as described, your sole remedy is to return it in unused condition.
For additional information on our products, please visit our minus tags support center
Return and Refund Policy (U.S.)
Except as otherwise stated, you have 30 days after receiving your order to decide if you want to keep or return your items. Returned items will be credited back to you for the full amount of the purchase price or the current selling price of similar item whichever is lower in the refund method you choose, either in the form of Minus Tags online shopping credit or in your original form of payment. If you choose to receive a refund in your original form of payment, a return shipping fee will be deducted from your refund amount. Please note items purchased with Minus Tags shopping credit will always be refunded back as shopping credit. Original shipping charges will not be credited or refunded when returning items. To qualify for Minus Tags shopping credit or a refund, all items must be in the same condition in which you received them.
Intellectual Property Rights
You acknowledge and agree that the Services may contain images and descriptions of fashion items and other content (collectively, "Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Minus Tags you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Services you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Services other than as specifically authorized herein is strictly prohibited. The technology underlying the Services (including the Software distributed in connection therewith) is the property of Minus Tags, our affiliates and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Services (including the Software). Any rights not expressly granted herein are reserved by Minus Tags.
Other company, product, and service names and logos used and displayed through the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Minus Tags and may not be used by you without permission. Any use of such marks, or any others displayed on through the Services, will inure solely to the benefit of their respective owners.
Minus Tags respects the intellectual property of others. If you believe, in good faith, that any materials on the Services infringe upon your copyrights, you may file a DMCA Notice of Alleged Infringement according to the process set out in the U.S. Digital Millennium Copyright Act with us.
Minus Tags Inc .Attention: Legal Department
37-24 24th Street, Suite 002, Long Island City, 11101, New York
Email: customerservices@minustags.com
When submitting a DMCA Notice of Alleged Infringement, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Electronic Communications
When you use our Services, or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notifications, or notices and messages on this site or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Restricted Activities
With respect to your use of the Services and Website, you agree that you will not:
- Stalk, threaten, or otherwise harass any person, or carry any weapons;
- Impersonate any person or entity;
- Violate any law, statute, rule, permit, ordinance or regulation;
- Interfere with or disrupt the Services;
- Post information through, or interact with, the Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
- Use the Services in any way that infringes any third party's rights, including but not limited to: privacy rights, intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation,
- cause any third party to engage in the restricted activities above;
- collect information (including without limitation, any product listings, descriptions, photos, images, or prices), as listed on the Website or included in the Services [unless as permitted by Section "Communications and Other Content"];
- adapt, modify and/or make any derivative modifications to the Website or the Information, or any part thereof;
- download or copy any account and/or information from the Website or Services, or any part thereof, for the benefit of another person, entity, vendor and/or merchant;
- use any meta tags or any other "hidden text" utilizing Minus Tags name or trademarks or any third party's name or trademarks without the express written consent of Minus Tags or the applicable third party.
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
- link directly or indirectly to any other web sites;
- link directly or indirectly to any other websites;
- "frame" or "mirror" any part of the Services, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; or
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software used on or for the Services;
- rent, lease, lend, sell, redistribute, license, sublicense or access to any portion of the Services;
- use the Website and Services for any unlawful purposes;
- sell, resell, sublicense, distribute, transfer, copy, reproduce, publicly display, duplicate, or download (other than page caching), the Website or Services, or any part thereof;
- publish and/or use unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, language, text, photos, graphics or howsoever otherwise publications, on the Website;
- collude against another person in restraint of trade and competition;
- create a hyperlink to the Website, or any page of the Website, without Minus Tags's express written consent; or
- imply affiliation with or endorsement or sponsorship by Minus Tags, or cause confusion, mistake, or deception in connection therewith.
User Content
By using the Services, you may submit or publish various forms of media content and written communications as well as photos, captions, suggestions, ideas, comments, questions, or other information (collectively, "User Content"), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a payment method or other User Content. Minus Tags reserves the right to use, remove, edit or report such User Content, but is not obligated to regularly review nor monitor User Content. You acknowledge and agree that any User Content provided by you to us are non-confidential and shall become the sole property of Minus Tags if Minus Tags should choose to use the User Content. Minus Tags shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of User Content for any purpose, commercial or otherwise, without acknowledgment or compensation to you. If Minus Tags does include your User Content, or any part thereof, you are deemed to have granted Minus Tags a nonexclusive, royalty-free, perpetual, unlimited, irrevocable, and fully assignable and sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from your User Content, and distribute and display your User Content throughout the world on any media or platform.
You represent and warrant that you own or otherwise control all of the rights to your User Content; that the content of your User Content is accurate; that use of the User Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Minus Tags for all claims resulting from User Content you supply. Minus Tags has the right but not the obligation to monitor and edit or remove any activity or User Content. Minus Tags takes no responsibility and assumes no liability for any User Content posted by you or any third party. Minus Tags, in any event, reserves the right (but not the obligation) to remove or edit your User Content, at its discretion and without requirement of any notice to you.
Minus Tags reserves the right to, but no obligation to, and may from time to time, monitor any and all data transmitted or received through the Website. Minus Tags, at its sole discretion and without further notice to you, may (but is not obligated to) review, censor or prohibit the transmission or receipt of any Information which the Minus Tags, deems inappropriate or that violates any term or condition of this Agreement. During monitoring, data may be examined, recorded, copied, and used by Minus Tags. Use of the Website by you, authorized or unauthorized, constitutes consent to such foregoing monitoring.
Release and Indemnity
If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Minus Tags and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants (together with Minus Tags, the "Minus Tags Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to
(a) your misuse of the Services;
(b) any Submissions you post, upload, use, distribute, store or otherwise transmit on or through the Services;
(c) your violation of these Terms; and
(d) your violation of any rights of another.
You agree to promptly notify the Minus Tags Parties of any third party claims, cooperate with the Minus Tags Parties in defending such claims and pay all fees, costs [including non statutory costs] and expenses associated with defending such claims (including but not limited to attorney's' fees). You further agree that the Minus Tags Parties shall have control of the defense or settlement of any third party claims.
Limitation of Liability and Disclaimer
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED BY MINUS TAGS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MINUS TAGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MINUS TAGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. MINUS TAGS DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, MINUS TAGS'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM MINUS TAGS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
MINUS TAGS IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF ANY SERVICE (INCLUDING WITHOUT LIMITATION THE CLEAN OUT BAG), OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE ABOVE LIMITATIONS AND EXCLUSIONS ARE ENFORCEABLE UNDER NEW JERSEY LAW.
You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Website and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided under these Terms. YOU AGREE THAT COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS AND/OR REPRESENTATIVES, SHALL NOT IN ANY EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE AND INFORMATION FOR ANY REASON WHATSOEVER.
Dispute Resolution; Binding Arbitration; Class Action Waiver
Informal Dispute Resolution
In the event you wish to initiate an action, we strongly encourage you to first contact us directly to seek a resolution by going to our minus tags support center
If your issue is not resolved accordingly, then you agree to the following dispute resolution procedure: in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted through the Services, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:
1- to Minus Tags at: Minus Tags Inc. Attention: Legal Department, 37-24 24th Street, Suite 002, Long Island City, NY, 11101 or
2- to you at: your last-used billing address or the billing and/or shipping address in your online profile.
You agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration Agreement
To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, A DISPUTE SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their Disputes by an independent arbitrator, rather than by a judge and jury. In an arbitration, only the arbitrator hears the evidence presented by both sides and makes a decision that is final and binding on the parties. The arbitrator may award damages and provide other relief as provided by law. By agreeing to arbitrate any Disputes with us, you agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute, You and Minus Tags expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advance written notice of its intent to file for arbitration. Minus Tags will provide such notice by email to your email address on file with Minus Tags and you must provide such notice by email to legal@Minus Tags.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. You may begin an arbitration proceeding by sending a letter requesting arbitration to Minus Tags: Minus Tags Inc.
Attention: General Counsel, 37-24 24th Street, Suite 002, Long Island City, 11101, New York.
You agree that the arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Consumer Arbitration Rules ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Minus Tags will reimburse those fees for claims totaling less than $5,000. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
In lieu of arbitration, either you or Minus Tags may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
Waiver of Right to Bring Class Actions and Representative Claims
All arbitrations shall proceed on an individual basis, not on a class action or other consolidated basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not be joined with, or otherwise affect, any other Dispute. You and Minus Tags agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Minus Tags hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Sites ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
Termination
With the exception of the Arbitration Agreement, which shall survive the termination of these Terms, these Terms are effective unless and until terminated by either you or Minus Tags. You agree that Minus Tags, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services at any time. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Services, may be referred to appropriate law enforcement authorities. Minus Tags may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Minus Tags may immediately deactivate or delete your account and/or bar any further access to the Services. Further, you agree that Minus Tags shall not be liable to you or any third-party for any termination of your access to the Services.
Minus Tags may terminate these Terms and the License rights immediately without notice for any of the following reasons:
(a) if you fail to make any payment when due;
(b) for any unauthorized access or use by you;
(c) if you assign or transfer (or attempt the same) any rights granted to you under these Terms;
(d) if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Website;
(e) if you transmit or receive any Information using the Website (or cause the same) in violation of these Terms (Minus Tags, at its sole discretion, shall determine whether any information transmitted or received violates this provision); or
(f) if you violate any of the other terms and conditions of these Terms.
Termination or cancellation of these Terms shall not affect any right or relief to which the Minus Tags may be entitled, at law or in equity. Upon termination of these Terms, all rights granted to you will terminate and revert to Minus Tags.
Minus Tags reserves the right to modify the terms and conditions of these Terms. Such modifications may include, without limitation, changes in prices, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Website. Minus Tags may also add, withdraw or modify Services or Information within the Website at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under these Terms on the day Minus Tags places them on the Website. You agree to review the terms and conditions of these Terms periodically to be aware of such revisions.
General Information
These Terms shall be governed by the laws of the State of New York without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. These Terms are for the benefit of, and will be enforceable by, the parties only and are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. If any provision of the Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. You agree that these Terms and all incorporated agreements may be automatically assigned by Minus Tags, in our sole discretion.
Except as explicitly stated otherwise, any notices to Minus Tags shall be given by certified mail, postage prepaid and return receipt requested to Minus Tags Inc., 37-24 24th St, Suite 002, Long Island City, 11101, New York. Any notices to you shall be provided to you through the Services or given to you at the email address or physical address you provide to Minus Tags during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party's failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches.
These Terms along with our Privacy Policy and the terms set forth in our minus tags support center
collectively set forth the entire understanding and agreement between you and Minus Tags with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If there is any conflict between these Terms and any help text, manuals, or other documents, these Terms shall govern, whether such other documents are prior to or subsequent to these Terms, or are signed or acknowledged by any member of the Company parties.
If Minus Tags takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, and is awarded damages or other relief at law or in equity in the action, Minus Tags shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, attorney's fees incurred and any costs, including non-statutory costs, of any litigation, or proceeding.
To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the Services or Website contemplated by these Terms must be instituted within two (2) years from the date upon which such claim or cause arose or was accrued.
Questions?
If you have questions about these Terms or the Services, please visit our minus tags support center
contact our customer service department at customerservices@Minus Tags.com.