User Agreement

TERMS OF USE AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

1. GENERAL TERMS AND CONDITIONS.

Allioppe provides a directory for the boutique shopper. At Allioppe.com, you, the user, can search for local boutiques/stores that cater to a specific niche in a specific area. You may also interact with other Allioppe.com users and assist others interested in boutique shops.

Allioppe maintains this web site (the “Site”) as a service to our users. By using the Site, you agree to comply with and be bound by this Terms of Use Agreement (the “Agreement”). You acknowledge and agree that your use of the Site has the same effect as manually signing a contract and creates a valid, binding contract between you and Allioppe. If you do not agree to all of the terms of this Agreement, you should proceed no further and obtain no products or enjoy the unique boutique services offered through our Site.

Allioppe may modify this Agreement at any time. Any modifications to this Agreement will be effective immediately upon posting on this Site. You agree to review the Agreement posted on the Site each time you use the Site so that you are aware of any modifications made to this Agreement. Your continued usage of the Site will mean you accept those changes. For your convenience and future reference, the date of the version of this Agreement is listed below. You can print the version of the Agreement that you reviewed and approved, and compare it to the version in effect when you use our Site in the future to determine what, if any, changes have been made.

You warrant you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use this Site in accordance with this Agreement.

2. SERVICES PROVIDED UNDER THE AGREEMENT.

Allioppe provides services through Allioppe.com, which is a directory for boutique shops. At Allioppe.com, you can search for local boutiques/stores that cater to a specific niche in a specific area. Within certain areas of Allioppe.com, you may also submit your unique insight on boutique shops and assist others who are looking for that hard-to-find merchandise.

3. USER ACCOUNTS.

In order to take full advantage of some of the services Allioppe offers, you must register with a user name and password at Allioppe.com. By creating an Allioppe account, you represent and warrant the information you provide is accurate and complete. You may never use another's account without that party’s express permission. You are responsible for maintaining the security of your password and are solely responsible for the activity that occurs on your account. If you believe your Allioppe account has been breached or used in any unauthorized manner, you must notify a Allioppe representative immediately. Allioppe is not responsible for any damage or losses caused by unauthorized use of your account. You, however, may be responsible to Allioppe for any harm Allioppe incurs due to unauthorized use of your Allioppe account.

4. USER SUBMISSIONS.

In connection with the Allioppe Site, you may post certain comments, notes, reviews and other Content (“User Submission”) to the Allioppe Site. By providing User Submissions, you represent and warrant that any such User Submissions do not infringe or violate any rights of any third party.

5. PRIVACY POLICY.

The personal information you submit to this Site is governed by the Allioppe Privacy Policy. The Allioppe Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement. To the extent there is an inconsistency between this Agreement and the Allioppe Privacy Policy, this Agreement shall govern.

Allioppe collects personal information that you choose to share with us. The information may include your name, your address and your email address. We use this information to tailor our services to the data you entered.

6. WARRANTIES AND LIMITATIONS OF LIABILITY.

THE USE OF THE SITE IS AT YOUR OWN RISK. ALLIOPPE DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS SITE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. ALLIOPPE DOES NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES OR OTHER MATERIAL PROVIDED THROUGH THIS SITE OR ON THE INTERNET GENERALLY.

ALLIOPPE IS NOT LIABLE TO ANY USER OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY OR BASED ON RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS SITE. When using this Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of Allioppe. Accordingly, Allioppe assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Site.

IN NO EVENT SHALL ALLIOPPE BE LIABLE FOR ANY DAMAGES INCLUDING INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OUT OF OR OTHERWISE RELATING TO THIS SITE, HOWEVER CAUSED, EVEN IF ALLIOPPE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, ALLIOPPE SHALL NOT BE LIABLE FOR ANY AMOUNT IN EXCESS OF THE AMOUNT OF FEES RECEIVED BY Allioppe. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Allioppe liability shall be limited to the greatest extent permitted by law.

7. PROPRIETARY RIGHTS.

All content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to or included on the Site belong to their respective owners and are protected under applicable copyrights, trademarks, patent or other proprietary (including but not limited to intellectual property) rights. The copying, modifying, distributing, transmitting, displaying, selling, licensing, using, publishing or creating derivative works by you of any such matters or any part of the Site is strictly prohibited without prior written permission from the respective owner. You do not acquire ownership rights to any content or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

8. USER CONTENT.

Any user-generated exchanges of information, including any content that you exchange, share, send or otherwise make available through this Site (“User Content”) is your responsibility and Allioppe assumes no liability or responsibility for such User Content. As the user of this Site, you acknowledge that the community-oriented functionality of this Site is inherently intended to provide users with the opportunity to share and provide information that you voluntarily provide and desire to make public. Allioppe does not make any representations or guarantees of confidentiality or privacy and accepts no responsibility for User Content and other information provided by users of this Site.

In addition, Allioppe does not control the User Content posted via this Site and, as such, does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Allioppe be liable in any way for any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available via this Site.

Allioppe expressly states and you acknowledge and understand that this Site is not accepting any responsibility for monitoring or policing the exchange of User Content. However, as the provider of this Site, Allioppe reserves the right to monitor, delete, edit, view, store, forward, and use any and all information and content provided.

You agree not to use this Site to:

• (a) submit materials that are protected by copyright, patent or any other proprietary rights unless you are the owners of such material or have license or permission from the owner of any such proprietary rights to provide the material;
• (b) upload, post, e-mail, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, defaming, vulgar, obscene, libelous, invasive of another’s privacy or otherwise objectionable;
• (c) harm minors in any way;
• (d) impersonate any person or entity;
• (e) upload, post, e-mail, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• (f) upload, post, e-mail, transmit or otherwise make available any material that contains software, viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
• (g) upload, post, e-mail, transmit or otherwise make available any material that contains any unsolicited or unauthorized advertising or promotional materials.

You acknowledge that Allioppe does not pre-screen User Content, but that Allioppe shall have the right (but not the obligation) in its sole discretion to refuse or move any User Content that is available via this Site. Allioppe shall have the right to remove any User Content that violates the terms of use or is otherwise objectionable.

By providing User Content you also grant to Allioppe a perpetual, non-exclusive license to use the User Content in connection with service provided by Allioppe. For example, Allioppe, may use User Content on the Site as well as in advertising promoting the Site and services Allioppe provides.

9. TRADEMARKS/SERVICE MARKS.

Allioppe.com and Allioppe.com are trademarks and/or service marks of Allioppe. Other product and company names may be mentioned on the Site from time to time which may be trademarks or service marks of their respective owners. These trademarks and/or service marks may not be reproduced without the express written consent of the respective trademark or service mark owner.

10. STORE PROFILES.

Boutique stores may create a free public profile on Allioppe.com to advertise and promote store services (a “Basic Boutique Profile”). By creating a Basic Boutique Profile you agree that Allioppe.com may use all information, text, graphics, videos, and other clips you submit in connection with the Boutique Profile (“Boutique Submissions”) and grant Allioppe a non-exclusive, perpetual, royalty free license to use the Boutique Submissions in connection with the Site. By creating a Boutique Profile, you represent that the information you provide to the Site is accurate and complies with all applicable laws, rules and regulations.

For a monthly fee, you may create a boutique profile, which grants you access to certain exclusive content, which includes anonymous demographic information about your preferred shoppers, anonymous demographic information about the entire shopping audience on Allioppe, new release information about brands, the most searched brands in your area (the “Exclusive Content.” Your use of the Exclusive Content is limited to use in connection with marketing your boutique store through the site. You may not provide Exclusive Content to any third party or use the Exclusive Content or any promotion or advertising for any other use other than through the site.

11. CHARGES AND BILLING.

Where applicable, You are responsible for providing a valid credit card number at the time you register for any services of Allioppe. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from Allioppe’s services at the applicable price. You agree that Allioppe may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services. All charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. Allioppe utilizes Authorize.net for all credit card transactions an is not liable for any harm, damage or liability in connection with you providing credit card information through Authorize.net. By providing credit card information, you agree to the applicable terms and conditions at Authorize.net.

12. NONTRANSFERABLE.

Your right to use the Site is not transferable. Any password or right given to you to obtain information or purchase products or services is not transferable.

13. LINKS TO OTHER SITES.

Allioppe may provide links to third-party web sites. Allioppe is not responsible for the content of linked third-party sites and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

14. INDEMNITY.

You agree to defend, indemnify, and hold Allioppe, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement or your User Content.

15. JURISDICTION.

You expressly agree that exclusive jurisdiction for any dispute with Allioppe, or in any way relating to your use of this Site, resides in the courts of the State of Oklahoma and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Oklahoma in connection with any such dispute including any claim involving Allioppe or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers. This Agreement is governed by the internal substantive laws of the State of Oklahoma, without respect to its conflict of laws principles.

16. MISCELLANEOUS.

Allioppe is based in and provides services from Oklahoma City, Oklahoma. Allioppe makes no claims that Allioppe and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

17. CONTACT INFORMATION.

If you have any questions or comments about this Site, please contact us at help@allioppe.com.