PLEASE READ THESE TERMS CAREFULLY. THESE TERMS MAY HAVE CHANGED SINCE YOU LAST USED THE SERVICES. BY USING ANY PART OF THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE, PRODUCTS, OR SERVICES.
About Membership. Through the Services, we allow members to rent or purchase jewelry. A member is charged a monthly membership fee (“Membership Fee”), in exchange for which he or she can rent a Product or Products for the duration of his or her membership. We offer three membership plans. Your membership plan dictates your Membership Fee and the number of Products you can rent at any one time.
Eligibility. Only adults over the age of 18 may become Members and only Members may rent or purchase Products. Our Products may be rented by a Member for use by other individuals, including an individual under the age of 18. However, the renting Member remains fully responsible for other individuals’ use of the Products or Services, including all legal liability he or she may incur. If you are under 18 years of age, you may only use the Services with the approval of your parent or legal guardian, who agree to be bound by these Terms on your behalf. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child, you are fully responsible for his or her use of the Products or Services, including all legal liability he or she may incur.
Modification of the Terms or Services. Switch may modify these Terms or modify, suspend, or discontinue the Services at any time for any reason, and without prior notification. We encourage you to revisit and reread these Terms regularly and frequently. Any use of our Site at any time constitutes full acceptance of our service Terms.
Conflict of Terms. In the event these Terms conflict with other content and agreements governing your use of the Services, these Terms shall prevail.
2. Registration and Membership
Account Security. You are solely responsible and liable for any authorized or unauthorized access to your Account by any person and you agree to maintain the confidentiality of your username and password and/or Facebook login credentials. You agree to bear all responsibility for the confidentiality of your account information and all use or charges incurred from the use of the Services with your Account. You agree to notify Switch promptly of any unauthorized use of your account. If you intend on having multiple accounts at one time, you are required to inform Switch in advance of the creation of additional accounts.
Discretionary Membership. Membership is limited and may not always be available. Sign-up or registration does not ensure continued membership. Switch may revoke, cancel, or deny membership at any time and for any reason. If your membership is revoked, canceled, or denied prior to us ever dispatching a Product to you, you shall receive a full refund of any fees you incurred.
Waitlist. From time to time, Switch may institute a waitlist for aspiring members (“Waitlisted User”). Approval for Membership of a Waitlisted User is in the sole discretion of Switch. Waitlisted Users who are approved for Membership may be charged immediately upon approval.
3. Fees and Payment
Payment Method. Upon registration, you must provide a valid payment method, which must be approved by Switch and our third party payment processor. Valid payment methods are credit cards or debit cards that are accepted by our payment processor and that we are authorized to charge at least $500 at any time during your membership. Prepaid debit or credit cards are not considered valid payment methods. You hereby authorize Switch or our third party payment processor to charge your payment method for all fees set forth in the Terms herein. You agree to keep your payment method information accurate and up to date and to always maintain a valid payment method on your account. You hereby authorize Switch or our third party payment processor to regularly charge your payment method a nominal fee or temporary hold for purposes of confirming the validity of your payment method.
Security Deposit. Members are generally not required to provide a security deposit. However, we may require a security deposit as a condition of membership in certain cases, such as users living outside the continental United States or users we deem to be high-risk users. We will inform you if we deem that a security deposit is a necessary condition of your membership. We will not charge your payment method for a security deposit without your consent. The required security deposit amount may vary on a case-by-case basis. If you provide a security deposit, we will refund the entire amount of your security deposit if and when you (1) cancel your membership and (2) return all products you are renting as part of your membership, so long as said products are not excessively damaged (as defined below). If your Account is deemed Delinquent (as defined below), Switch may keep all or part of your security deposit towards your outstanding fees. If your Account is Delinquent for more than seven days and your outstanding balance exceeds your security deposit, Switch may institute collection procedures.
Monthly Membership Fee. Your membership begins as soon as your initial payment is processed. Your Membership Fee will be recurring and will be charged to your payment method every 30 days. Your Membership Fee is due on the first day of each 30-day billing period. You hereby authorize Switch or our third party payment processor to charge your payment method for the applicable Membership Fee on a monthly (recurring) basis until your membership is cancelled. The Membership Fees include shipping and limited insurance, covering minor mishaps and reasonable wear and tear, but not significant damage, loss, or theft. Membership Fees are non-refundable except as expressly stated otherwise. Taxes may apply to Membership Fees.
Product Purchases. You may only purchase Products that you are currently renting. Each Product is available for purchase for its member’s price (“Member’s Price” or “Purchase Fee”). The Product’s Member’s Price can be seen by going to your Current Pieces page on the Site. Taxes may apply.
Purchase Credit. For each month that you are a member, and regardless of your membership tier, you earn $10 in the form of purchase credit (“Purchase Credit”), which can be used only towards the purchase of Products. Your Purchase Credit will continue to accumulate unless and until it is applied towards a Product’s Purchase Fee or your membership is canceled. Upon cancellation of your membership, your Purchase Credit is reset and will not be restored.
Advanced Membership Fee. In certain cases, you might pay for multiple months in advance. If you cancel during one of the months for which you have paid in advance, you are not entitled to a refund for time remaining on your membership. If you do not cancel your membership during the term paid for by your advance payment, your membership will convert to a monthly plan.
Membership Tiers and Pricing. Your Membership Fee and the number of Products to which you will have access will depend on the Membership Tier in which you enroll. You will be charged at the then current Membership Fee associated with your Membership Tier. The current Membership Fee associated with each Membership Tier is set out on the Site, but is subject to change at our discretion. You will be given at least one month notice for any such impending Membership Fee increase.
Membership Upgrades. If you would like to upgrade your Membership, email us stating your request to upgrade as well as which Membership Tier to which you would like to upgrade. We will usually process your request within one business day. You will be charged the difference between your previous Membership Fee and your new Membership Fee, prorated based on the number of days left in your 30-day billing period.
Membership Downgrades. If you would like to downgrade your Membership, email us your request to downgrade. We will process your request to downgrade after receiving your email and receiving any Product in excess of your requested Membership Tier. Your new Membership Fee will take effect for the subsequent 30-day billing period. We will not credit you for any days remaining in the 30-day period in which we processed your request to downgrade.
Purchase of Non-Returnable Products. If you are unable to return a Switch Product because it is lost, stolen or destroyed, or if you return any Product with excessive damage (“excessive damage” is as defined as damage that exceeds normal wear and tear and is determined by Switch in its sole discretion), you are liable for that Product’s Purchase Fee and hereby authorize Switch to charge your payment method for that Product’s Purchase Fee. Your Purchase Credit may also be applied and reduced from the Purchase Fee. If you are charged a Product’s Purchase Fee for a Product that is non-returnable, you are entitled to ownership of that Product.
Exceptions for Products Lost or Damaged by Shipping Provider. Notwithstanding the foregoing, if a Product is lost or damaged while under custody of the shipping provider, you are not liable for that Product. An outgoing Product (sent by Switch) is considered to be in the custody of the shipping provider unless and until it is scanned or otherwise documented by the shipping provider to have been delivered to your address on file. An incoming Product (sent to Switch) is considered to be in the custody of the shipping provider only after it is scanned or otherwise documented as having been received by the shipping provider. You are required to return Products to Switch using the prepaid postage we have provided you unless stated otherwise. If you attempt to return a Product using a shipping method or label that has not been approved by Switch, you are liable for the loss or damage
Due Date of Purchase Fee for Non-Returnable Product. The Purchase Fee for a Product that is non-returnable because it is lost, stolen, or destroyed is due on the last day of your membership. The Purchase Fee for a Product that is non-returnable because it is damaged is due on the last day of your membership or the day we receive the damaged Product, whichever is sooner.
Failed Payment. If a Membership Fee is due and the payment method you have on your Account cannot be charged by us and/or our payment processor for the entire amount due, the Purchase Fee(s) for any Product(s) not yet received by us are automatically and immediately due. You hereby authorize Switch to charge or attempt to charge the payment method on your Account on and/or after the day any fees are due.
Delinquent Accounts. If you fail to have a valid payment method on your Account on the day a fee is due (Membership Fee or Purchase Fee) and/or any outstanding fees that are owed have not been paid in full, your Account is deemed delinquent (“Delinquent”). Your account will continue to be deemed Delinquent until you have paid any and all outstanding fees. Switch retains sole discretion to delay, waive, or refund a Purchase Fee for a Delinquent (or previously Delinquent) Account.
Purchase Fees for Accounts Cancelled by Switch. If your Account is cancelled by Switch for any reason, you agree to send all Products in your possession to us immediately. If Switch has not received your Products within seven business days after notifying you that your Account has been cancelled, you will be charged the Purchase Fee for all Products not yet received by us by that date.
Collections. If your account is Delinquent for 7 or more days, then Switch may institute collection procedures. Switch may use or share with third party collection agencies any information it has on file, including personal information and/or billing information, to recover any outstanding fees. You agree to pay Switch’s costs of collection.
Rental Time. Subject to your compliance with these Terms (including payment of fees) and our right to terminate the Services, we do not impose any limitations on the time period during which you may keep any product we have sent to you through Switch.
Product Risks. We clean, sterilize and inspect each Product we send to you, but use of the Products is at your own risk and Switch shall not be held liable for any health related complaints associated with Products.
Member’s Product Responsibilities. You will treat all Products you rent from Switch with great care. You are responsible for all loss of, or destruction or damage to, any Product due to theft, mysterious disappearance, fire, or any other cause, other than normal wear and tear, including, but not limited to, alterations made to a Product without the expressed authorization of Switch and disregard for reasonable care required for a specific Product.
Authenticity of Products. We go to great lengths to ensure that all of our Products are authentic. We buy either directly from the designer or from reputable third party sources. We only buy from third party sources that we consider reputable and that guarantee authenticity. Many of the brands sold on the Site are not partnered or affiliated with Switch in any manner. However, Switch fully cooperates with brands seeking to track down the source of counterfeit items.
Deviation from Product Descriptions or Images. You acknowledge that a Product may be different in person than descriptions or images of the Product on the website. You acknowledge that Products may exhibit more wear in person than shown in images on the website and that Products may change in color or otherwise in appearance over time.
6. Shipping, Delivery, and Exchange
Delivery and Receipt of Products. All deliveries will be through Switch’s shipping partners, which may change from time to time at our discretion. The shipping method used will be at the discretion of Switch. You bear responsibility for items that are delivered to your address. You acknowledge that shipping to an address where an individual can physically receive the item is highly recommended. In the event that your are not present to physically receive a Product, you agree to bear all liability for loss, theft or disappearance of a Product left unattended.
Returns. You must return at least one (1) Product to us in order to be eligible to receive another Product. With delivery of Product(s) to you, Switch will provide you with a pre-paid, pre-addressed shipping label (“Return Label”) and Switch branded boxes that contain the Product (“Product Box”). The Product Boxes are not yours to keep. When you are ready to return any of your Products, place said Product in the Product Boxes in which you received them, place those Product Boxes in the packaging in which you received the shipment, securely seal the packaging, affix the Return Label to the packaging (make sure the original shipping label is covered), and place the shipment at our shipping partner’s outgoing mailbox or arrange for a pick-up with our shipping partner (if available in your area). The name of our shipping partner will be stated on the shipment and/or the Return Label. The Return Label can be used to return one, some, or all of the Products you currently have. When we receive any shipment of returned Products from you, our next shipment to you will consist of the number of Products that you have returned.
Return Requirements. Products must be returned in the Product Boxes and with the provided Return Label. Any measures that were used to secure the Products when we send them to you (such as padding) should be used in the return packaging. The Products should be sent back in the original packaging in which you received your last shipment, including the bags or pouches that contained individual Product(s). If the original packaging has been lost or damaged, you may use alternate packaging so long as that packaging (a) is sufficiently secure such that the Products will not be damaged in transit and (b) you have verified with our shipping partner that the alternative packaging can be used with the Return Label. If you lose your Return Label, contact us to receive a new one. We will provide a Return Label each time we send you a Product, unless we have sent you a yet unused Return Label. Switch will provide you with at most one Return Label at any given time. If you have sent us Products with the provided return label and retained other Products, you agree not to send us the retained Products until you have received a new Return Label. If you send Switch Products with a shipping method other than the Return Label, you bear all costs and liabilities associated with shipping said Products and shipment of subsequent Products by Switch may be delayed.
Cancellation by Member. To cancel your Membership, you must email us stating your intent to cancel at email@example.com and return all Switch Products in your possession. Your cancellation does not take effect until (1) you inform Switch that you want to cancel and (2) we have received all Product(s) you have been renting. You must return your Switch Products before the end of the billing period in which you want to cancel your membership to avoid a Membership Fee for the subsequent billing period. If Switch does not receive all of your Products by the end of your billing period in which you have communicated your intention to cancel, Switch will charge you a Membership Fee for the subsequent billing period and your membership will remain in effect until we receive all of your Switch Products.
Cancellation by Switch. Any violation of these Terms may result in suspension or termination of your membership and/or access to the Services. Switch may also terminate your account if it determines that your conduct poses a risk or liability to Switch, or for any other reason as determined by Switch in its sole discretion. Switch may also cancel the Services for any reason in its sole discretion. If we cancel the Services or your Membership for reasons other than your conduct or violation of these Terms, we will give you a prorated refund for the remainder of your subscription period so long as all Products are received by us within 10 days of informing you of said cancellation.
Effect of Cancellation. Upon cancellation of membership, the cancelled member must return all Products in his or her possession and the cancelled member will remain responsible for all fees including outstanding Membership Fees and Purchase Fees.
8. Content and Intellectual Property
Updates to Content. We do not represent or warrant that all Switch Content, including Product descriptions and specifications, is accurate, complete, or current. We reserve the right to correct any errors or omissions, and to change or update information, including Product pricing, at any time and without prior notice to you.
Third Party Content. The Services may refer to or incorporate non-Switch websites, products, services, or other materials or content (“Third Party Content”). This Third Party Content is provided to you as a convenience, and Switch is not responsible for any Third Party Content or the actions of those that provide or use such Third Party Content. Any third Party Content is independent from Switch, and Switch has no control over the Third Party Content. In addition, including or referring to Third Party content does not imply that Switch endorses, approves of or accepts any responsibility for the Third Party Content or its provider, or vice versa.
Use of Switch Content. No part of the Services, including Switch Content, may be reproduced or transmitted in any form, by any means except that Switch authorizes you to view, copy, download, and print Switch Content provided that: (a) you use the Switch Content solely for your personal, noncommercial, informational purposes; (b) you do not modify the Switch Content; and (c) you do not remove any copyright, trademark, or proprietary information in the Switch Content.
Your Content. If you post, upload, or make available to Switch or the Services, or otherwise submit to or through Switch as part of your use of the Services, any information, data, text, images, files, links, software, chat, communication or other materials (“Your Content”), you hereby grant to Switch a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license to use, reproduce, and transmit, and otherwise exploit Your Content and biographical information in connection with Your Content in all media formats and distribution methods now known or hereafter devised in connection with the Services without notice to or permission from you. By submitting Your Content, you represent and warrant that Your Content conform to these Terms and that you own or have the necessary rights to said content.
Copyright. The Services, including Switch Content, are the property of Switch or that of third parties and is protected by United States and international copyright law. You may not copy and disseminate Switch Content without our expressed authorization or that of a third party that may own such Switch Content.
Trademarks. The trademarks logos, service marks and trademarks (“Trademark Materials”) of Switch and of third parties may not be used without our expressed authorization or that of a third party that may own such Trademark Materials.
Services License. Subject to your compliance with these Terms, Switch grants to you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial purposes.
9. Dispute Resolution, Arbitration, and Class Action Waiver
This section includes an arbitration agreement and an agreement that all claims will be brought on in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Switch, you will first contact Switch and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without any limitation any court action.
Arbitration Agreement. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Switch Services (including but not limited to Switch Content and Products) or relating in any way to Switch’s communications with you, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Switch. However, this arbitration does not (a) govern any claim by Switch for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases.
Arbitration Information. Arbitration is less formal than a lawsuit in court. Instead of a judge or jury, disputes in arbitration are resolved by a neutral arbitrator. Except to the extent the parties have agreed otherwise, arbitrators can award the same damages and relief as a court. You agree that the US Federal Arbitration Act governs the interpretation and enforcement of this provision and that you and Switch are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive any termination of these Terms.
Arbitration Procedure. If you wish to begin an arbitration proceeding, after following the informal dispute resolution procedure, you must send a letter requesting arbitration and describing your claim to Switch, Attn: Legal, 269 South Beverly Drive #1242, Beverly Hills, CA 90242. The arbitration shall be administered by the American Arbitration Association (AAA) under its rules, including, if you are an individual, the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling (800) 778-7879. The number of arbitrators shall be one (1). You may choose to have the arbitration conducted via telephone, mail, or in person. The arbitration will be conducted in the English language. California law shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are an individual and have not accessed the Services on behalf of an entity, we will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
Authority over Arbitration Agreement. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. However the preceding sentence shall not apply to the arbitration waiver below.
Arbitration Opt-Out. If you do not want to arbitrate disputes with Switch and you are an individual, you may opt out of this arbitration agreement by emailing us at firstname.lastname@example.org within thirty (30) days of the first date you access the Site or use any of the Services.
Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTIES SET OUT HEREIN, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, SWITCH DOES NOT WARRANT THAT: (I) THE SERVICES, INCLUDING CONTENT, ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, (IV) THE SERVICES OR THE SERVER(S) THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) THE PRODUCTS WILL BE FIT FOR YOUR INTENDED PURPOSE OR OTHERWISE ACCORD WITH YOUR EXPECTATIONS.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL SWITCH BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR THE PRODUCTS, EVEN IF SWITCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Use of the Services. You may not use the Services for any illegal or unauthorized purpose. It is strictly forbidden to use the Services to transmit any content, information, or other materials that are obscene, abusive, threatening or defamatory or to use the Services to contact, advertise, or solicit to another user.
Indemnification for Breach. By use of the Services, you agree to indemnify, hold harmless and defend Switch and its officers, directors, agents, and affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that is based on your use of the Services in violation of these Terms.
Governing Law and Venue. These Terms are governed and interpreted pursuant to the laws of the State of California, notwithstanding any principles of conflicts of law. Any disputes in connection with these Terms that result in court action, in accordance with these Terms, will be resolved exclusively by a state or federal court located in Los Angeles County, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
Entire Agreement. These Terms are the entire agreement between you and Switch relating to the subject matter herein and shall not be modified except by Switch in accordance with these Terms, or as otherwise agreed in writing by you and Switch. No employee, agent or other representative of Switch has any authority to bind Switch with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations under these Terms. Switch may assign these Terms at any time without notice to you.