Terms of service
TERMS OF SERVICE
Last Updated: JULY 9, 2026
Welcome to Après 'Étoile, LLC. The terms “we,” “us,” and “our” refer to Après 'Étoile, LLC. We operate this store and website, including all related information, content, features, tools,Bproducts, and services, to provide you with a curated shopping experience (the “Services”).These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when using the Services. Please read them carefully, as they include important information about your legal rights, including warranty disclaimers and Limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.
ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL
BY USING THE SERVICES, YOU AGREE THAT WE WILL RESOLVE ALL
DISPUTES RELATED TO THE SERVICES AND THESE TERMS BY BINDING
ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING THE
RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION,
OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY
TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS
FOR MORE INFORMATION.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and that you consent to allow any minor dependents to use the Services on devices you own or manage. To use the Services, including browsing or purchasing products, you may be asked to provide
certain information such as your email address, billing, payment, and shipping information. You represent that all information you provide is correct, current, and complete, and that you have the rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyother person, and any attempted transfer is void.
SECTION 2 – OUR PRODUCTS
We make every effort to accurately represent our products and services. However, colors and product appearance may vary based on your device and settings.
We do not warrant that the appearance or quality of any products or services will meet your expectations, and product images are provided for general reference only.
All product descriptions are subject to change at any time without notice. We may discontinue products or limit quantities offered to any person, region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order at our discretion. Your order is not accepted until we confirm acceptance and process your payment. Please review your order carefully before submitting. Once accepted, an order may not be modified or canceled except as required by law. Your purchases are for personal or household use and not for commercial resale or export unless expressly authorized in writing.
All purchases are subject to our Refund Policy.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price charged will be the price in effect at the time the order is placed. Unless stated otherwise, prices do not include taxes, shipping, handling, customs, or import charges. We reserve the right to correct pricing errors at any time, including after an order is submitted but before shipment. You agree to provide current, complete, and accurate purchase and account information and to promptly update your information as needed.
SECTION 5 – SHIPPING AND DELIVERY
Delivery times provided on the Services are estimates only and are not guaranteed. Actual delivery times may vary due to carrier delays, customs processing, weather conditions, or other factors outside our control. Once we transfer products to the carrier for shipment, title and risk of loss pass to you, unless otherwise required by law. You are responsible for filing any claims with carriers for lost or damaged shipments. We are not liable for delays, delivery failures, or any damages arising from
shipping or delivery issues.
SECTION 6 – INTELLECTUAL PROPERTY
Après 'Étoile, LLC and its licensors are the sole and exclusive owners of the Services. The Services include the Après 'Étoile, LLC, Après 'Étoile, LLC domain, the content of the Services (including any text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products, documentation, other components, and content), and the design, selection, and arrangement of the content on the Services.
The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or the related intellectual property rights belonging to Après 'Étoile, LLC or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Après 'Étoile, LLC Unless otherwise noted, Après 'Étoile, LLC and the Après 'Étoile, LLC graphics, logos, icons, and service
marks are trademarks, registered trademarks, or trade dress of Après l'Étoile, protected under U.S. law and the laws of other countries. Après 'Étoile, LLC trademarks may not be used without our express written consent and must not be used in a manner that disparages or discredits Après 'Étoile, LLC causes confusion among customers, or associates with any products or Services not provided by Après 'Étoile, LLC. We will take legal action against individuals using our trademarks or
service marks in metatag keywords or hidden webpage text, as such use constitutes trademark infringement and unfair competition. Access to the Services does not confer and shall not constitute a license to anyone to use Après 'Étoile, LLC or any third party intellectual property rights.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third party tools that we do not monitor or control. These tools are provided “as is” and “as available,” without warranties or endorsements.
Your use of optional tools is at your own risk, and you should review the terms of the relevant third party providers.
SECTION 8 – THIRDPARTY LINKS
The Services may contain links to third party websites or materials. We are not responsible for examining or evaluating third party content and are not liable for any harm arising from your use of third party websites, products, or services.
Please review third party policies before engaging in any transaction.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Après 'Étoile, LLC is powered by Shopify. However, all sales are made directly with Après 'Étoile, LLC. Shopify is not responsible for any aspect of your purchases. You expressly release Shopify from all claims arising from your transactions with us.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy and Shopify’s Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information necessary to operate, secure, and improve the platform. Information you submit may be transmitted to Shopify and third parties in other countries.
SECTION 11 – FEEDBACK
If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty free license to use, reproduce, modify, publish, and display such Feedback for any purpose.You represent that you own or have rights to the Feedback and that it complies with these Terms.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors or inaccuracies and to update or change information at any time without prior notice, including after you have submitted an order. If an error affects your order, we may cancel the order and issue a refund. We do not guarantee that all information on the Services is accurate, complete, or current.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not:
• violate laws or regulations
• infringe intellectual property rights
• harass or harm others
• transmit false or misleading information
• upload harmful code
• impersonate others
• use automated tools, including AI systems, to access the Services
• interfere with security features
We may suspend or terminate your account for violations.
SECTION 14 - DMCA NOTICE: NOTICE AND PROCEDURE FOR MAKING CLAIMS
OF COPYRIGHT INFRINGEMENT
Après 'Étoile, LLC will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provideAprès 'Étoile, LLC copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Après 'Étoile, LLC that your copyrighted material has been infringed. Après 'Étoile, LLC does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to such a claim. If we receive a clear and valid notice as outlined in the guidelines below, Après 'Étoile, LLC will
respond by either removing the allegedly infringing content or blocking access to it. Après 'Étoile, LLC may reach out to the notice provider to request additional information. Under the DMCA, Après 'Étoile, LLC is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).
The Alleged Infringer is allowed under the law to send Après 'Étoile, LLC a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties at our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorney fees. Any person who is unsure of whether a particular
material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
a. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
b. Identify the content that a copyright owner claims is infringing upon copyrighted
work. The copyright owner must provide information reasonably sufficient to enable
us to locate the item on the Services. The copyright owner should provide clear
screenshots of the allegedly infringing materials for identification purposes only. The
information provided should be as detailed as possible;
c. Provide information sufficient to permit us to contact the copyright owner directly:
name, street address, telephone number, and email (if available);
d. If available, provide information sufficient to permit us to notify the Alleged Infringer
(email address preferred);
e. Include the following statement: “I have a good faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the
law”;
f. Include the following statement: “I swear, under penalty of perjury, that the
information in the notification is accurate and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right that is allegedly
infringed”;
g. Be signed; and
h. Be sent to our DMCA designated agent at the following address:
THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER
1209 ORANGE ST
WILMINGTON, DE 19801
SECTION 15 – TERMINATION
We may suspend or terminate your access to the Services, or any portion thereof, at any time and for any reason, including if we believe you have violated these Terms or engaged in fraudulent, abusive, or unlawful activity. Upon termination, your right to use the Services will immediately cease, and you will remain responsible for all charges incurred prior to termination. Sections that by their nature should survive termination, including Intellectual Property, Feedback, Disclaimers, Limitation of Liability, Indemnification, and Governing Law will continue to apply.
SECTION 16 – DISCLAIMER OF WARRANTIES
The Services and all products offered through the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, to the fullest extent permitted by law. This includes all implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement.
We do not guarantee that the Services will be uninterrupted, timely, secure, error free, or free of viruses or other harmful components, or that any defects will be corrected. Your use of the Services is at your sole risk. Some jurisdictions do not allow limitations on implied warranties, so certain limitations may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
You understand and agree that any liability that Après 'Étoile, LLC, its employees, officers, directors, agents, service providers, or professional advisors (“Agents”) have to you in connection with these Terms, under any cause of action or theory, is strictly limited to $100. Without limiting the previous sentence, in no event shall we or any of our Agents be liable to you for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or in connection with these Terms. This includes, without limitation:
A. Any loss of use, loss of data, loss of goodwill, cost of procurement of substitute
Services, or any other indirect, special, incidental, or consequential damages;
B. Any damages to, or malware that may infect your electronic devices or other
property resulting from your use of the Services or your access to, use of,
browsing of, or downloading of any Content or User Content from the Services;
and
C. Any Content available on or through the Services or any third-party websites or
other websites linked to the Services.
The above limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, resulting from (1) the use of, or the inability to use, the Services; (2) the use of, or the inability to use, items purchased on the Services; or (3) the cost of procurement of substitute Services or items, even if we or our Agents have been advised of the possibility of such damages.
SECTION 18 – INDEMNIFICATION
EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY,
DEFEND AND HOLD HARMLESS APRÈS L'ÉTOILE, LLC AND OUR AGENTS FROM AND
AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS
(“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES,
JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS
(INCLUDING REASONABLE ATTORNEYS, FEES) ARISING OUT OF OR RELATED TO:
(A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES OR THE USER
GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN
ACCESSING OR USING THE SERVICES OR THE USER GENERATED CONTENT; (C)
YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF
ANOTHER PERSON'S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR
MISAPPROPRIATION OF APRÈS L'ÉTOILE, LLC OR ANY THIRD PARTY'S INTELLECTUAL
PROPERTY RIGHTS; (F) YOUR FAILURE TO COMPLY WITH THE ACCEPTABLE USE
POLICY; OR (G) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU
GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL
OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR
CONTINUING INDEMNIFICATION). SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS; THUS, THESE INDEMNIFICATION PROVISIONS MAY NOT APPLY TO YOU.
SECTION 19 – TERMS APPLICABLE TO NEW JERSEY CUSTOMERS
No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Après l'Étoile, LLC reserves all rights, defenses, and permissible limitations under the laws of New Jersey and the laws of your state of residence.
SECTION 20 – DISPUTE RESOLUTION
2. DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER;
WAIVER OF TRIAL BY JURY
a. WAIVER OF RIGHTS.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS
ANY DISAGREEMENT, DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF
OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-
GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP
WITH APRES L'ÉTOILE, WHETHER IN CONTRACT, TORT, OR OTHERWISE
(“DISPUTE”) EXCEPT THE FOLLOWING:
• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND
AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE
• BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND
ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE
OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY
COURT OF COMPETENT JURISDICTION.
EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY'S
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
CLASS ACTION OR MASS ARBITRATION.
BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE
REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER
OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP
CERTAIN RIGHTS INCLUDING:
• THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY TRIAL. INSTEAD, WE
WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS
NO JUDGE OR JURY IN ARBITRATION, AND THE DISCOVERY AND
APPEAL PROCESS IS DIFFERENT.
• THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR
MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.
b. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good-faith negotiations. In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number, and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute
Notice (unless mutually agreed by the parties), the parties shall meet virtually at a
mutually acceptable date and time. At no point during this time shall either party
initiate litigation or arbitration, except for Disputes subject to injunctive or other
equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute
Notice, either party may pursue individual arbitration proceedings as described below.
c. Mutual Arbitration Agreement.
i. Arbitration of Individual Disputes. Any dispute that cannot be resolved through
good faith negotiations must be pursued through binding arbitration on an
individual basis as outlined in this section (the “Arbitration Agreement”). A
single arbitrator will administer the arbitration.
ii. AAA Proceedings. Either you or Après l'Étoile, LLC may bring an arbitration
proceeding. All arbitrations shall be filed with and administered by the American
Arbitration Association (“AAA”) in accordance with its Consumer Arbitration
Rules (the “AAA Rules”). You may obtain instructions on how to file an
arbitration with AAA by calling AAA at 1-(800) 778-7897 or online at
www.adr.org, or we can assist you in contacting AAA.
iii. Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall
decide all Disputes and all related issues, excluding (a) issues expressly reserved
for a court decision in these Terms, (b) issues that relate to the scope, validity, and
enforceability of the Arbitration Agreement, class action waiver, jury waiver or
any of the dispute resolution provisions of these Terms; (c) issues that relate to the
arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of
limitations or a contractual provision in these Terms; (e) issues related to the
scope, application and enforceability of the waiver provisions that are for the
court to decide, or (f) whether filing of a demand for arbitration was authorized by
a party. All other issues are for the arbitrator to decide.
iv. Final and Binding Decision. The decision of the arbitrator will be final and
binding and will not have precedential effect. The arbitrator shall not have the
authority to award damages outside of those set forth in these Terms. Any final
award or judgment may be filed and enforced in any court of competent
jurisdiction. The Parties will bear the costs of the arbitration in accordance with
the AAA Rules. Any arbitration proceeding may not be consolidated or joined
with any other proceeding.
v. Applicability of the FAA. The parties acknowledge that this Arbitration
Agreement evidences a transaction involving interstate commerce, and the
Federal Arbitration Act, 9 U.S.C. Sections 1–16, shall govern the interpretation,
enforcement, and proceedings pursuant to this Arbitration Agreement, and not
state law.
vi. Confidentiality. The parties expressly agree that any actions taken under the
Arbitration Agreement and related provisions, including but not limited to all
filings, subject matter, orders, judgments, and awards made in any arbitration
proceeding, are confidential and may not be disclosed to any third party.
vii. Survival. This Arbitration Agreement provision will survive the termination of
these Terms.
viii. Mass Arbitrations. If 25 or more arbitration demands asserting the same or
substantially similar claims, and seeking the same or substantially similar relief
are submitted to AAA with the assistance or coordination of the same law firm(s)
or legal entities against either party (a “Mass Filing”), the parties agree (i) to
administer the Mass Filing in batches of 10 demands per batch with only one
batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator
for each batch; (iii) to accept applicable fees, including any related fee reduction
determined by AAA Rules in its discretion; (iv) that no other demands for
arbitration that are part of the Mass Filing may be filed, processed, or adjudicated
until the prior batch of 10 is adjudicated; (v) that fees associated with a demand
for arbitration included in a Mass Filing, including fees owed by us, you and other
claimants, shall only be due after your demand for arbitration is included in a set
of batch proceedings and that batch is properly designated for filing, processing,
and adjudication; (vi) that the staged process of batched proceedings, with each
set including 10 demands, shall continue until each demand (including your
demand) is adjudicated or otherwise resolved; and (vii) to make reasonable faith
efforts to resolve each batch of demands within 180-days, failing which any party
may cease arbitration and file in a court of competent jurisdiction.ix. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA Rules. The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA at its discretion, for each batch of demands.
The parties shall cooperate with each other and with AAA to establish any other
processes or procedures that will provide for an efficient resolution of any claims.
If the Parties cannot agree on a batching process, the parties agree that AAA shall
appoint a procedural arbitrator. This “Batch Arbitration” provision shall not
increase the number of demands necessary to trigger the applicability of AAA’s
Mass Arbitration Supplementary Rules or authorize class arbitration of any kind.
Après l'Étoile does not agree or consent to class arbitration, mass arbitration,
private attorney general arbitration, or arbitration involving joint or consolidated
claims under any circumstances. The parties agree that this batching provision is
critical to this Arbitration Agreement. If the batching provision is found to be
invalid, unenforceable, or illegal, then the Batch Proceedings section shall be null
and void, and neither party shall be entitled to arbitrate any claim that is a part of
the Mass Filing. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by AAA. Après l'Étoile, LLC and counsel for the remaining claimants have the right to strike one mediator and then rank the remaining mediators, with the highest-ranked mediator being selected.
The selected mediator is responsible for attempting to resolve the Dispute in the
Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to
agree on a resolution or substantive methodology for resolving the outstanding
demands. If the parties are unable to resolve the outstanding demands during the
Mediation Period and cannot agree on a method of resolving them through further
arbitrations, either we or any remaining claimant may opt out of the arbitration
process and have the demand(s) proceed in a court of competent jurisdiction.
Notice of the opt-out will be provided in writing within 60 days of the close of the
Mediation Period. If neither party opts out and they cannot agree on a method for
resolving the remaining demands through further arbitration, the arbitrations will
continue with the batching process. Absent notice of an opt-out, the arbitrations
will proceed in the order determined by the sequential numbers assigned to
demands in the Mass Filing.
x. Opt-Out. If you wish to opt out of this Arbitration Agreement, you must provide
us with your notice to opt out within 30 days of the first date you visit or use our
Website. You must send us a letter stating: “Request to Opt-Out of Agreement to
Arbitrate” to:
APRÈS L'ÉTOILE, LLC
THE CORPORATION TRUST COMPANY
CORPORATION TRUST CENTER
1209 ORANGE ST
WILMINGTON, DE 19801
If you opt out of this Arbitration Agreement, all other parts of these Terms will
still apply to you. This opt-out does not apply to the class action waiver.
xi. Modification. If we modify this Arbitration Agreement, you may reject that
change by sending us written notice within thirty (30) days of our posting of the
change, in which case we will terminate your Account, and you must stop using
the Services, your Account, and the User Generated Content.
xii. Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR
UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO
RESOLVE DISPUTES UNDER THESE TERMS, AND ALL DISPUTES WILL
BE RESOLVED THROUGH LITIGATION.
xiii. Applicable Law. California law applies to any arbitration under this
Arbitration Agreement, but the Federal Arbitration Act governs the interpretation
and enforcement of the Arbitration Agreement.
SECTION 21 – SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the unenforceable portion will be
deemed severed. The remainder of the Terms will remain in full force and effect.
SECTION 22 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms, together with any policies or rules posted on the Services, constitute the entire agreement between you and Après l'Étoile and supersede all prior agreements or communications.
SECTION 23 – ASSIGNMENT
You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations at any time without notice.
SECTION 24 – GOVERNING LAW
These Terms and any disputes arising from or relating to your use of the Services or products shall be governed by the laws of the state in which Après L'Étoile, LLC is headquartered, without regard to conflictoflaw principles. You consent to the exclusive jurisdiction of the courts in that state.
SECTION 25 – COOPERATION WITH LAW ENFORCEMENT
Après l'Étoile, LLC will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. YOU WAIVE AND HOLD APRES L' ÉTOILE, LLC AND OUR AGENTS HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
SECTION 26 – CHANGES TO TERMS OF SERVICE
We may update, modify, or replace any part of these Terms at any time by posting the revised version on our website. It is your responsibility to review the Terms periodically. If we make material changes, we will notify you as required by law. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
SECTION 27 – CONTACT INFORMATION
Questions about these Terms should be sent to: artisan@apresletoile.com