Terms and Conditions
Please read these terms and conditions (the “Terms and Conditions”) carefully. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
By using the Site or buying our products, you represent that you have the legal capacity to enter into this Agreement. If you are not of an age of majority and old enough to enter into agreements in your jurisdiction, you will need to review this Agreement with your parent or guardian and obtain their consent before using or making purchases on our Site. We reserve the right to change or modify any of these Terms and Conditions or any policy or guideline of the Site at any time in our sole discretion. Any change or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review these Terms and Conditions and any other applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.
1. Product Availability and Pricing
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our return and exchange policies described below.
Data, including, without limitation, pricing information, may be inaccurately displayed on our Site due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we will not honor inaccurate or erroneous prices. If a product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. If the order has been shipped, you agree to either return the product (at our cost) or pay the difference between the actual and charged prices. Our prices are also subject to change without notice. We apologize for any inconvenience this may cause.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order (e.g., with respect to orders placed by or under the same internet protocol (IP) address, the same credit card, and/or orders that use the same billing and/or shipping address). In the event that we make a change to or cancel an order, we may attempt to notify you by the e-mail, billing address or phone number provided at the time the order was made. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Sale prices are as marked on select items. Sale prices are applicable online only on our Site. No pricing adjustments are allowed on previous purchases. Offers are subject to change without notice. Any listed sale discount is not applicable to taxes or shipping-and-handling charges. Offers cannot be combined with any other offers or discounts. Offers are non-transferable and not valid for cash or cash equivalent. We may, in our sole discretion, offer promotional codes for a sale discount at certain points in time, or for certain audiences. In the event such promo codes are enabled, promo codes should be entered during the checkout process to be valid.
2. Product Information
We make every attempt to ensure that our online catalog is as accurate and complete as possible. In order to give you the opportunity to view our products in great detail, some products in our photographs may appear larger or smaller than their actual size; and since every computer monitor is set differently, color, and size may vary slightly.
We may use third-party service providers to process credit card payment, and other forms of payment, made through the Site for our products. We may also use other third-party service providers to facilitate your purchase and checkout. You may be required to agree to the terms and policies of these third-party service providers as part of the payment and checkout process and we expressly disclaim any responsibility for such third-party terms and policies.
You are responsible for paying any governmental taxes imposed in connection with the purchase of any products made available through the Site, including sales tax. To the extent that we are obligated to collect such taxes, the applicable tax will be added to the purchase price at checkout.
For information relating to the shipping of products, please carefully review our shipping policies for our respective websites.
5. Returns & Exchanges
For information relating to your eligibility to return and/or exchange products ordered through sbyserena.com, please carefully review our Policy on Returns & Exchanges: https://www.sbyserena.com/pages/return-policy or purchases made on serenawilliams.com, we are happy to assist with exchanges if you need a different size/color/item/etc. You can exchange your item within 21 days of receipt. We do not provide refunds for returned items purchased on serenawilliams.com.
To use some of the Site features, you may have to create or use an account (“Account”). If you create an Account, you must provide accurate and complete information about yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account. You acknowledge and agree that information you provide in the course of creating an Account or otherwise in connection with your use of the Site, including but not limited to, name, email address, phone number, and physical address, may be provided to and maintained by us, whether or not you complete the registration process, and may be used by us in connection with your purchase of our products or future purchases of our products.
8. Intellectual Property and Use of Site Materials
The Site and all content and other materials, including, without limitation, the SERENA™ mark, our signature “S” logo and Serena Williams’ name, likeness, sobriquet, photograph, image, signature, biography, and other indicia of Serena Williams and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the sole and exclusive property of, and are owned and controlled by us, Serena Williams, and/or our or her respective licensors, content providers, contractors and/or other third parties, and are protected by trade dress, copyright, patent, trademark, right of publicity and right of privacy laws, and various other intellectual property rights and unfair competition laws. Nothing on this Site will be construed as granting, expressly by implication or otherwise, any license or right to use any Site Materials without the applicable owner's prior written permission in each instance. We and Serena Williams (as applicable) reserve all rights in and to the Site and the Site Materials. The Site and the Site Materials (including, without limitation, text, designs, graphics, interfaces and code, and the selection and arrangement thereof) are protected as a compilation under the copyright laws of the United States and other countries. You may not (a) modify the Site Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use any Site Materials for any purpose; or (b) remove, obscure or otherwise deface proprietary notices appearing on the Site or any Site Materials, including, without limitation, copyright, trademark or other intellectual property notices. You may not use any metatags or any other “hidden text” utilizing “S by Serena,” “S Brand Group,” “Serena Williams,” “SuperMe” or any other name, trademark, or product or service name of ours or Serena Williams without our or her prior written permission. All other trademarks, registered trademarks, product names, and SuperMe, S by Serena, S Brand Group, and Serena Williams names or logos mentioned in the Site are the property of their respective owners.
9. Use of the Site
The Site and any products or services offered thereby are not directed to minors. Consistent with applicable law, we do not knowingly collect personal information from minors without the consent of their parent or guardian. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from minors without such consent, upon proper notice, authority, and necessary confirmation of such, we will take steps to promptly delete it.
You are granted a personal, limited, revocable, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print to hard copy portions of our Site Materials for your informational, non-commercial, non-public, and personal use only. Such license is subject to these Terms and Conditions and does not cover the following, which are expressly prohibited: (a) any resale, public or commercial use of our Site or the Site Materials therein, or any products sold by us; (b) the collection and use of any product listings, pictures or descriptions for any purpose; (c) the distribution, public performance or public display of the Site or any Site Materials, (d) modifying or otherwise making any derivative uses of our Site or the Site Materials, or any portion thereof; (e) use of any automated means to access, monitor or interact with any portion of our Site, including, without limitation, through data mining, robots, spiders, scraping, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of our Site, the Site Materials or any information contained therein, except as expressly permitted on our Site; (g) causing to appear any pop-up, pop-under, videos, exit windows, expanding buttons, banners, advertisement, or anything else which minimizes, covers, or frames or inhibits the full display of our Site; (h) use our Site in any way that interferes with the normal operation of our Site; or (i) any use of our Site or the Site Materials other than for its intended purpose; (j) use or attempted use of the Site to transmit software viruses, spyware, or any other computer code, files or programs which are harmful or otherwise unwanted by us or other users; (k) probing, scanning, or testing the vulnerability of any system or network or circumventing any security or authentication measures; (l) use of the Site to transmit or attempt to transmit spam, chain letters, harassing, disparaging, libelous or defamatory statements, or any unlawful content or material. This license is revocable at any time.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contains expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users' ability to interact with the Site.
Any use of our Site or the Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions will be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. In the event of any ambiguity, ownership and all associated rights shall rest with us.
10. Third Party Content
You may be able to access websites, content, products or services provided by third parties through links that are made available on the Site (“Third Party Content”). For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. We have no obligation to monitor or have any control over any Third Party Content or third party sites. We do not endorse any Third Party Content and can make no guarantee as to its accuracy or completeness. If you elect to use such Third Party Content, you understand that your use of it will be subject to any terms and conditions required by the applicable third parties. You understand that we are not the provider of, and (to the maximum extent legally permitted) are not responsible for, any such Third Party Content or any transactions or use thereof. Users use these links and Third Party Content contained therein at their own risk.
11. Social Media
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media pages, such as on Facebook, Twitter, Pinterest, Instagram, or YouTube. Your use of our social media connectivity, interactions with our social media pages, and the specific content you may post on our social media pages is subject to these Terms and Conditions. However, those social media websites are also third-party resources containing Third Party Content, and if you choose to use social media connectivity functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
Social media features may enable us to connect with social media websites so that you can send posts about your interactions with or purchases from our Site to each of these websites. Such social media websites may also be able to use information about actions you take on our Site. However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person over the Internet in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site or interact with our social media pages, you do so at your own risk.
The Site may permit you to send messages (including via email) to us or to other Site users (“Messages”). You are solely responsible for your Messages and the consequences of sending them, and you agree to hold us harmless, and expressly release us, from any and all liability arising from your Messages. You grant us a worldwide right to use, store, and reproduce your Messages for the limited purpose of facilitating sending them to your designated recipients (and we may also use the tools, services of third party service providers to facilitate the sending of Messages to your designated recipients). You represent and warrant that your Messages will not be infringing on any third party right, including intellectual property or privacy rights. You retain all of your ownership rights in your Messages.
13. User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send or share creative ideas, suggestions, feedback, comments, reviews, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you provide to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You hereby grant us a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, world-wide, assignable, licensable, and transferrable license to use and otherwise exploit any Comments provided by you or any other party relating to us on or in any and all media (now known or hereafter developed) as we deem necessary to our business.
We may, but have no obligation to, monitor, edit, or remove any Comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property or this Agreement.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party. You agree to indemnify, defend, and hold harmless us and, if relevant, our vendors, agents, associates, and/or partners against any liabilities, damages, demands losses, claims, costs, fees (including legal fees), and expenses in connection with any third-party legal proceeding to the extent arising from your Comments.
14. Interactive Services
We may from time to time provide interactive services on our Site, including, without limitation: User-maintained help sites, chat rooms, and bulletin boards. Where we do provide any interactive service, we will attempt to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor, or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
15. Advertisements and Promotions
sort incurred as the result of any such dealings or as the result of the presence of such third-party advertisers on the Site.
settle any matter subject to an indemnification by you without first obtaining our express approval.
17. Disclaimer of Warranty
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY US, THIS SITE, THE SITE MATERIALS, THE CONTENT CONTAINED ON THE SITE AND THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, APPAREL AND ACCESSORIES) PROVIDED ON OR IN CONNECTION THEREWITH (COLLECTIVELY, THE “CONTENT AND PRODUCTS”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE CONTENT AND PRODUCTS ON OUR SITE. WE DO NOT REPRESENT OR WARRANT THAT THE CONTENT AND PRODUCTS ON OUR SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
18. Limitation of Liability
IN NO EVENT WILL WE, OUR MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR SITE, THE PRODUCTS AND SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH OUR SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM US, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, CONTENT, AND PRODUCTS.
19. Applicable Law and Venue
These Terms and Conditions and your use of this Site will be governed by and construed in accordance with the laws of the State of New York, applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law provisions that would apply the law of another jurisdiction.
Any dispute, claim, or controversy between you and us will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and the arbitrator must follow the terms of these Terms and Conditions as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent National Registered Agents, Inc. (1209 N Orange Street, Wilmington, Delaware 19801). The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. At the conclusion of the arbitration, such arbitrator will render a “reasoned” written decision, including the arbitrator's findings and the facts and law upon which the award is based. Consistent with the expedited nature of arbitration, you and we will, upon the written request of the other, promptly provide the other with copies of documents relevant to the issues raised by any claim or counterclaim. Both you and we will have the right to serve subpoenas upon third parties for the production of documents. Both you and we will have the right to take depositions of parties and non-parties. Any dispute regarding discovery, or the relevance or scope thereof, will be determined by the arbitrator, which determination will be conclusive. You and we will each bear your and our own costs and expenses of arbitration. All forum fees and expenses, including the arbitrators' fees, will be shared equally by you and us, and will not be assessed against either you or us as part of an award, provided, however, that the failure of a party to timely advance its portion of any arbitration fees will entitle the other party to a default award (if non-paying party is the respondent) or dismissal with prejudice (if non-paying party is the claimant).
In the event, and solely in such event, that arbitration of a dispute hereunder is prohibited by law, you agree that the action will be filed, and that venue properly lies, exclusively in state court located in New York County, New York or in the United States District Court for the Southern District of New York, and you hereby unconditionally and irrevocably consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
You agree that any action in which preliminary or interim injunctive relief is sought will be brought exclusively in either state court in New York County, New York, or in the United States District Court for the Southern District of New York, and you hereby unconditionally and irrevocably consent and submit to the personal jurisdiction of such courts. You agree to waive the defense of an inconvenient forum with respect thereto.
YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT, WHETHER A DISPUTE IS RESOLVED BY ARBITRATION OR BY RECOURSE TO A COURT AS SPECIFIED ABOVE, YOU WAIVE THE RIGHT TO HAVE THE DISPUTE HEARD OR DECIDED BY A JURY.
20. Termination and Enforcement
Notwithstanding any of these Terms and Conditions, we reserve the right, without notice and in our sole discretion, to terminate your license to use this Site, to block or prevent future your access to and use of the Site, and to disable and delete your Account and any Account info and content you have on our Site.
In the event that we determine in our reasonable opinion that you have failed to comply with these Terms and Conditions, we reserve the right at any time to: permanently or temporarily remove any posting or material uploaded by you to our Site; issue a warning to you; pursue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach of these Terms and Conditions; take further legal action against you; disclose such information to law enforcement authorities as we reasonably deem necessary. These responses are not limited, and we may take any other action we reasonably deem appropriate.
We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms and Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of our Site and its users and the public. We also reserve the right to remove content alleged to be infringing another's intellectual property rights without prior notice, at our sole discretion.
21. Errors and Modifications
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site is inaccurate at any time without prior notice.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
The provisions of these Terms and Conditions will, where possible, be interpreted so as to sustain its legality and enforceability. If any provision of these Terms and Conditions will be deemed unlawful, void or for any reason unenforceable, then a court of competent jurisdiction may reform any such provision to make it enforceable, or if incapable of reform, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.
23. Additional Guidelines
When using the Site, you will be subject to any additional posted guidelines or rules applicable to specific services, offers, and features we may communicate from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms and Conditions.
24. Digital Millennium Copyright Act
We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should provide us with written notice to the below email address that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
f. a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
25. Questions & Contact Information
If you have any questions related to sbyserena.com, please do not hesitate to contact us at firstname.lastname@example.org.
If you have any questions related to serenawilliams.com, please do not hesitate to contact us at email@example.com.