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.
These Terms and Conditions govern your use of, and, where applicable, any purchase from, www.serenawilliams.com and associated subpages, including, without limitation, the Serena™ online store that is wholly owned and operated by SuperMe, LLC (the “Site”) and certain features, functionality and services offered by us in connection with Site and constitute an agreement between you and SuperMe, LLC and its affiliates (“SuperMe,” “we,” “us,” or “our”).
We reserves 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.
I. 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 Policy.
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 it. 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 cancels an order, we may attempt to notify you by contacting the e-mail and/or billing address/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.
II. 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.
For information relating to the shipping of products ordered through our Site, please carefully review our Shipping Policy. https://www.serenawilliams.com/pages/shipping
IV. Returns & Exchanges
For information relating to your eligibility to return and/or exchange products ordered through our Site, please carefully review our Policy on Returns & Exchanges https://www.serenawilliams.com/pages/return-policy
VI. 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. Serena Williams and SuperMe (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 "SuperMe," “Serena Williams” or any other name, trademark or product or service name of SuperMe or Serena Williams without our or her prior written permission. All other trademarks, registered trademarks, product names, SuperMe and Serena Williams names or logos mentioned in the Site are the property of their respective owners.
VII. Use of the Site
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: (a) any resale, public or commercial use of our Site or the Site Materials therein; (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) cause 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. 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. This license is revocable at any time.
VIII. 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 neither monitor nor 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.
IX. Advertisements and Promotions
We may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-SuperMe advertisers on the Site.
You agree to defend, indemnify and hold harmless SuperMe and our managers, members, officers, representatives, employees, independent contractors, service providers, consultants, and agents, and the now or hereafter subsidiary(ies) or affiliate(s) of any of them (collectively, “Indemnified Parties”), from and against any claims, damages, costs, liabilities, and expenses (including, without limitation, attorneys' fees) arising out of or related to any Site Materials or other content you store or otherwise transmit on or through our Site or your use of or inability to use our Site, including, without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Site Materials or other content, your conduct, your violation of these Terms and Conditions or your violation of the rights of any third party.
XI. 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.
XII. Limitation of Liability
IN NO EVENT WILL SUPERME, 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.
XIII. 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.
You agree that any action at law or in equity (other than one in which preliminary or interim injunctive relief is sought) arising out of or relating to use of this Site, any purchase from this Site, or these Terms and Conditions will be settled by arbitration to be held in New York County, New York, administered by the American Arbitration Association (the “AAA”) in accordance with its Commercial Arbitration Rules, except as provided herein, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereover. However, nothing herein will in any way limit your or our statutory rights and/or remedies, all of which are reserved and may be alleged in the arbitration process. 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.
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, and to block or prevent future your access to and use 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.
XVI. Questions & Contact Information
If you have any questions, please do not hesitate to contact us at email@example.com.
Terms and Conditions updated on July 6, 2018.