THESE TERMS OF SERVICE CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER WHICH LIMIT YOUR RIGHT TO HAVE A DISPUTE HEARD IN COURT. PLEASE READ THESE TERMS OF SERVICE AND THE ARBITRATION PROVISION AND CLASS ACTION WAIVER CAREFULLY. 

Welcome to Valemion! Valemion together with Our affiliates, “Valemion”, “We”, “Us”, or “Our” provides access to a marketplace for sales of luxury resale items. These Terms of Service (these “TOS”) govern Your access to and use as an end user (“User”, “You” or “Your”) of Our website (available at www.Valemion.com), any other websites that link to these Terms of Service, and any associated features, functionalities, user interfaces, downloads, mobile applications, Content (as defined below) and other online services that We operate or control (collectively, the “Service”).

BY CREATING AN ACCOUNT, ACCESSING OR USING THE SERVICE, OR OTHERWISE INDICATING YOUR ASSENT TO THESE TERMS OF SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND AGREE TO BE BOUND BY, THESE TERMS OF SERVICE AND HAVE THE LEGAL AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE (ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF SERVICE, OUR PRIVACY POLICY, AND ANY ADDITIONAL TERMS THAT APPLY YOU MAY NOT USE OR ACCESS OUR WEBSITE OR SERVICE IN ANY WAY.

These Terms Of Service incorporate all of Our Policies for shipping (available at www.valemion.com/shipping), returns & exchanges (available at www.valemion.com/returns-exchange), order details (available at www.valemion.com/order-details), prices (available at www.valemion.com/prices), and authenticity (available at www.valemion.com/authenticity). In addition, consumer consignors and sellers are subject to the Consignment and Seller Agreement governing consumer consignment or sale of items on the Service (available at www.valemion.com/consign-with-us and www.valemion.com/sell-to-us).

ELIGIBILITY

In order to use the Service, You must be 18 years or older. If You are under the age of 18, You are prohibited from accessing or using the Service. You may not have more than one active Account (defined below). Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party. If You do not meet the foregoing eligibility requirements, You may not use the Service. You are not permitted to access the Service if Your Account has been suspended or removed by Us for any reason. 

PRIVACY

By accessing or using the Service, You acknowledge and accept Our Privacy Policy (available at www.valemion.com/privacy-policy), which discloses how We collect, use, and share information about You.

CONTENT LICENSE; OWNERSHIP

(a) No License 

Subject to Our strict Terms, We do not grant You limited, non-exclusive, revocable, non-assignable, non-sublicensable, personal, non-transferable license to download, and display the Content on any supported devices for Your personal use or business purposes.

(b) Ownership

All right, title, and interest in and to the Service is Our property, all of which is protected by U.S. and international intellectual property laws. Except as explicitly stated in these Terms of Service, We reserve all rights in and to the Service. 

YOUR ACCOUNT
(a) Account Security

You represent, warrant and covenant that all information You provide in connection with creating, accessing and using Your Account is accurate, current and complete. You will promptly update such information if it changes at any point. If You provide any information that is or becomes (or if We have reasonable grounds to suspect that such information is) false, inaccurate, outdated or incomplete, or violates these Terms Of Service, the Privacy Policy, Additional Terms, or any applicable law, We may suspend or terminate Your Account and refuse any and all current or future use of the Service (or any portion thereof). You are solely responsible for maintaining the confidentiality of Your Account credentials. You accept sole responsibility for all activities that occur under Your Account, username or password– whether or not You authorized the activity – and You will not sell, transfer, or assign Your Account or any Account rights to any third party. Because of this, We strongly recommend that You exit from Your Account at the end of each session. You must notify Us immediately of any unauthorized use of Your Account or any other breach of security. We will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with Your responsibilities in this Section. 

(b) Account Authorization 

If You register an Account on behalf of a Company, the terms “You” and “Your,” as used throughout these Terms Of Service apply to both You and the Company. You represent and warrant that You are authorized to grant all permissions and licenses provided in these Terms Of Service (and any Additional Terms) and to bind the Company to these Terms Of Service (and any Additional Terms). 

(c) Account Preferences 

We may offer You the ability to set preferences relating to Your Account or Service activities, but settings may not become effective immediately or be error free, and options may change from time to time. 

PROHIBITED CONDUCT

You are solely responsible for Your conduct while accessing or using the Service.

 You will not:

sell, rent, lease, distribute, broadcast, publicly perform, publicly display, sublicense, or otherwise assign any rights to the Service or any portion of it to any third party;

remove or modify any proprietary notices or labels on the Service or otherwise make any derivative uses of the Service;

cache, create unauthorized hypertext links to the Service or frame any Content;

use any data mining, robots, or similar data gathering and extraction tools, or bypass or ignore instructions contained in Our robots.txt file or equivalent restrictive technologies that control automated access to portions of the Service;

use Marks as metatags on other pages or sites on the Internet;

use or attempt to use another User’s Account without authorization from that User and Us;

use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other Users from fully enjoying the Service or that could damage, disable, overburden, or impair the functioning of the Service or Our infrastructure (in Our sole discretion) in any manner;

reverse engineer any aspect of the Service or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Service;

attempt to circumvent any content-filtering or access restriction techniques We employ or attempt to access any feature or area of the Service that You are not authorized to access;

copy, download, redistribute, reproduce, “rip”, record, transfer, display to the public, broadcast, or make available to the public or another vendor or third party any part of the Service, or otherwise make any use of the Service not expressly permitted under these Terms Of Service, any Additional Terms, or applicable law, or which otherwise infringes the intellectual property rights (such as copyright) in the Service or any part of it;

develop or use any third-party applications that interact with the Service without Our prior written consent, including any scripts designed to scrape or extract data from the Service; or

violate any laws, regulations, governmental orders, or industry standards or guidance in any applicable jurisdiction.

AUTHENTICATION AND BRANDS

Our product authentication process is conducted by a selected reputable third party authenticator and in-house by Our team. Brands identified on or through the Service: (i) are not involved in the authentication of the products being sold through the Service, and (ii) do not assume responsibility for any products purchased from or through the Service. Brands sold on or through the Service are not partners or affiliates of Us in any manner. However, We fully cooperate with brands seeking to track down the source of counterfeit items, which may include, when required by court order or directive of law enforcement,  revealing the contact information of consignors submitting counterfeit goods. We may also, when required by court order or directive of law enforcement, reveal to brands the contact information of consignors submitting products that have been challenged as infringing, unapproved, suspicious, potentially stolen, or offered for sale in an unauthorized geographic market. More information on Our authentication processes is available at www.valemion.com/authenticity.

DISCLAIMER OF WARRANTIES

YOUR ACCESS TO, AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ALL THIRD-PARTY MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE OR OBTAINED FROM A LINKED SITE OR THIRD-PARTY MATERIALS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.

REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER, VENDOR OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY US.

LIMITATION OF LIABILITY

VALEMION PARTIES (AS DEFINED BELOW) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND WHETHER VALEMION PARTIES WERE ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES.

EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF VALEMION PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE OR THE SERVICE, REGARDLESS OF THE FORM OF ACTION, IS LIMITED TO THE GREATER OF (A) FIVE HUNDRED DOLLARS ($500.00), OR (B) THE AMOUNT WE HAVE ACTUALLY RECEIVED AS A RESULT OF SELLING YOUR PROPERTY THROUGH THE SERVICE IN THE TWELVE MONTHS PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR: (i) DAMAGE ARISING FROM EXTREME GROSSLY NEGLIGENT BREACH OF DUTY BY VALEMION OR FROM AN INTENTIONAL OR GROSSLY NEGLIGENT BREACH OF DUTY BY A LEGAL REPRESENTATIVE OF VALEMION OR A PERSON USED TO PERFORM AN OBLIGATION OF VALEMION; OR (ii) ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. 

INDEMNITY

To the fullest extent permitted by applicable law, You will indemnify, defend (at Our option) and hold Us and Our officers, directors, employees, agents, third-party providers, licensors, partners and successors and assigns (individually and collectively, the “Valemion Parties”) harmless from and against any and all fines, penalties, liabilities, losses, governmental inquiries, investigations, and proceedings and other damages, costs and expenses of any kind whatsoever (including reasonable attorneys’ and experts’ fees) incurred in connection with any third-party claim, demand, cause of action, suit, investigation, arbitration, or other proceeding (collectively, “Claims”) directly or indirectly arising out of: (a) Your access to or use of the Service or any Third-Party Materials; (b) Your actual or alleged breach of these Terms Of Service or any Additional Terms; (c) Your Postings and Valemion Parties’ use of any information that You submit to Us; and/or (d) any fraud, misrepresentation, manipulation, intentional misconduct, gross negligence or other violation of any applicable laws in connection with Your use of the Service or Your activities in connection with the Service. Valemion Parties may take control of the defense or settlement of any Claim and You will cooperate with Valemion Parties in defending such Claims. In any event, You will not settle any Claim without Our prior written approval. For the avoidance of doubt, if You are a Company (or representing a Company), Your obligations hereunder will extend to indemnification based on the acts and omissions of Your employees, consultants and agents.

If You are a California resident, You expressly waive any rights You may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

FORCE MAJEURE

We will be excused from performance under these Terms Of Service to the extent We are prevented from, or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (c) quarantines, epidemics, pandemics, (d) embargoes or labor strikes, or (e) other causes beyond Our reasonable control. In the event that We are temporarily unable to ship to You a purchased item because of such an event, We will give You the option of receiving a refund of Your charges if and as applicable in accordance with Our then-current policies.

DISPUTE RESOLUTION; MANDATORY BINDING ARBITRATION; CLASS ACTION WAIVER PLEASE READ THIS SECTION CAREFULLY TO UNDERSTAND YOUR RIGHTS BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

(a) Scope

For all matters, disputes, or claims between You and Us arising from or related to this Agreement or Your relationship with Us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, including any dispute about the interpretation or application of this dispute resolution provision or the enforceability, revocability or validity of this arbitration provision or any portion of the arbitration provision (“Disputes”), will be resolved by the processes and procedures described in this Section, first amicably and then through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. EACH PARTY WAIVES ITS RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE OR THE SERVICE RESOLVED IN COURT.

(b) Amicable Resolution

In the event of a Dispute, You will negotiate in good faith with Us to informally resolve the Dispute. You may notify Us of a Dispute by sending a message through our contact page (available at www.valemion.com/contact). The notice must specifically describe the nature of the Dispute and the relief You seek. The parties will have sixty (60) days from the date of receipt of such a notice to try to resolve the Dispute (or such longer period as the parties may agree in writing). If the Dispute is not resolved satisfactorily within sixty (60) days after either party receives notice from the other party in accordance with “Notices”, either You or We can submit the Dispute to binding arbitration in accordance with the arbitration provisions below. 

(c) Binding Arbitration

Except for any consumer controversy or claim properly filed and pursued in small claims court on an individual basis, any Dispute that remains unresolved after an attempt to resolve it informally will be resolved by binding arbitration brought on an individual basis, in which case either You or We may commence confidential binding arbitration under the terms in this Section. The arbitration will be administered by the American Arbitration Association (AAA) under the following rules: (i) if You entered into these Terms Of Service individually, its Consumer Arbitration Rules (available online at www.adr.org or by calling 1-800-778-7879), as amended by these Terms Of Service, and (ii) if You entered into these Terms Of Service as a Company or as a representative of a Company, by its Commercial Arbitration Rules. The place of arbitration will be held exclusively in the County of Mecklenburg. The arbitration will be conducted by a single arbitrator, in accordance with the applicable Consumer Arbitration Rules or Commercial Arbitration Rules. The arbitration may be held by teleconference or videoconference unless the arbitrator determines upon request by You or by Us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel, the expense and other pertinent circumstances. If the parties are unable to agree on a location, such determination will be made by the arbitrator. The arbitrator’s decision(s) will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms Of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. Any award of the arbitrator may be entered as a judgment in any court having jurisdiction.

(d) Small Claims Court Option for Consumer Individuals

If You entered into these Terms Of Service individually, You have the choice to submit any Dispute before a small claims court, if applicable, instead of having the Dispute resolved by arbitration. You can make this choice either before or after the Dispute is submitted for resolution by Arbitration. 

(e) LITIGATION AND CLASS ACTION WAIVER

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY FOR ANY CLAIM SUBJECT TO ARBITRATION. ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, CLASS ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY ARE NOT PERMITTED, AND YOU ARE AGREEING TO GIVE UP AND WAIVE THE ABILITY TO PARTICIPATE IN A CLASS ACTION. COMBINING INDIVIDUAL PROCEEDINGS WITHOUT THE CONSENT OF ALL PARTIES IS ALSO NOT ALLOWED. DISPUTES REGARDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE FOREGOING CLASS ACTION WAIVER WILL BE EXCLUSIVELY RESOLVED BY AN ARBITRATOR.

(f) Injunctive Relief 

Not withstanding any of the foregoing, (i) You or We may seek and obtain temporary injunctive relief in any court of competent jurisdiction, and seeking such measures will not be deemed incompatible with the arbitration provision in this Section or a waiver of the right to arbitrate; and (ii) if You are subject to a version of the Terms Of Service with Us that contains a different arbitration provision, then the terms of such other arbitration provision will govern disputes arising out of or related to the Terms Of Service or any aspect of the relationship between You and Us, rather than the terms of this Section.

(g) Severability 

Should any portion of this Section 12 be deemed unenforceable by the arbitrator or a court of competent jurisdiction, the unenforceable portion will be severed without affecting the remainder of this Section, which will remain in full force and effect. If the severance of any portion of this Section results in any claims proceeding on a class or representative basis, those claims will be litigated in court and not in arbitration; the parties agree to stay any litigation of those claims pending the outcome of any individual claims in arbitration.

GOVERNING LAW AND VENUE

These Terms Of Service (and any Additional Terms) and Your access to and use of the Service will be governed by and construed and enforced exclusively in accordance with the laws of the State of North Carolina, without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction). Any dispute between You and Us that is not subject to arbitration or cannot be heard in small claims court will be resolved exclusively in the state or federal courts of North Carolina and the United States, respectively, sitting in Mecklenburg County. The United Nations Convention on Contracts for the International Sale of Goods will not in any way apply to these Terms Of Service, the Service, or the listing, marketing, offer or sale of property through the Service. For European Union (“EU”)-based consumers this choice of law provision applies to the extent that no mandatory consumer protection rules laid down in the EU or national EU member state laws provide for greater consumer protection, in which case, such other laws will apply.

ELECTRONIC COMMUNICATIONS

(a) Express Consent

When You create an Account with Us and provide Your email address and/or mobile phone number and/or when You communicate with Us electronically, such as via email or through the Service, YOU EXPRESSLY CONSENT TO RECEIVING COMMUNICATIONS ELECTRONICALLY AND/OR VIA TEXT MESSAGE, CALLS, AND PUSH NOTIFICATIONS TO YOUR PHONE FROM US AND OUR AFFILIATES. These communications may include notices about Your Account (e.g., payment authorizations, password changes, unauthorized attempts to access your account, and other transactional information), advertisements, and Your relationship with Us. 

You represent that You are the Account holder for the mobile telephone number(s) that You provide. If You change Your mobile telephone number(s), you will notify Us immediately by updating Your number in My Account.

Any consents, authorizations, agreements, notices, disclosures, or other communications that are provided to You electronically and/or in these Terms Of Service satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

(b) Messages You May Receive From Us And Opting Out

We and Our service providers may use automated or manual means to deliver text messages to You if you have a U.S. phone number.

 You may opt out of these communications at any time. Consent to receive marketing text messages and other electronic communications is not required to purchase any goods or services. To opt out of receiving text messages regarding your orders and items you’re selling, you may reply to any text with the message “STOP”.  You may also opt out of any or all text messages, calls, emails, push notifications, and/or other electronic communications by contacting us (available at www.valemion.com/contact). Text message and data rates may apply to each text message we send. Please contact Your mobile telephone carrier regarding applicable charges including any applicable roaming charges. We do not impose a separate fee for sending Our text messages.

PAYMENT AND BILLING

We may make available the ability to purchase or otherwise obtain certain products or services through the Service (each, a “Transaction”). In order to make a Transaction, You may be asked to supply certain relevant information, such as Your credit card number and its expiration date (or other acceptable payment method that We make available to You from time to time), Your billing address and Your shipping information. In the event that the amount of a Transaction exceeds the total credit or funds available for purchase in Your payment account, You may be subject to overdraft or non-sufficient funds charges by the bank issuing Your payment method. We are not responsible for these charges and are unable to assist You in recovering them from Your issuing bank. 

Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to use the Services, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Us enabling payment processing services through Stripe, You agree to provide Us accurate and complete information about You and your business, and you authorize Us to share it and transaction information related to Your use of the payment processing services provided by Stripe.

By providing a credit card or other acceptable payment method, You represent and warrant that You are authorized to use the designated payment method and that You authorize Us (or Our third-party payment processor) to charge Your payment method for the total amount of Your Transaction (including any applicable taxes and other charges). Verification of information may be required prior to the acknowledgment or completion of any Transaction. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, We will notify You of the issue, and if We are unable to resolve the issue, Your order may be suspended or terminated. If You want to change or update payment information associated with Your Account, You can do so at any time by logging into Your Account and editing Your payment information. 

By making a Transaction, You represent that the applicable products or services will be used only in a lawful manner.

THIRD-PARTY MATERIALS AND LINKED SITES

The Service may display, include, or make available Content, data, information, applications, plugins, products, services, listings, descriptions and images of goods or services, resources or materials from third parties or provide links to certain third-party websites or applications (collectively, “Third-Party Materials”). Any activities in which You engage in connection with any Third-Party Materials are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of such Third-Party Materials, Third-Party Materials are provided solely as a convenience to You. You will not use any Third-Party Materials in a manner that would infringe or violate the rights of any other party. 

CHANGES TO THESE TERMS OF SERVICE

We reserve the right to make changes to Our Terms Of Service and Additional Terms at any time. If We make a material modification to these Terms Of Service or the Additional Terms, We will notify You by: (i) sending an email to the address associated with Your Account (but note that We are not responsible for Your failure to receive an email due to the actions of Your ISP or any email filtering service); or (ii) displaying a prominent announcement above the text of these Terms Of Service or the Additional Terms, as appropriate, for thirty (30) days, with (i) or (ii) being deemed sufficient notification to You of such changes. After notice of a modification to the Terms Of Service or the Additional Terms has been posted for 30 days, the notice may be removed. If You choose to continue using the Service after receipt of the notice under (i) above or after such thirty (30) day period in (ii) above, You accept the new Terms Of Service and Additional Terms, as relevant. Except for changes by Us as described here, no other amendment or modification of these Terms Of Service will be effective unless in writing and signed by both You and Us.

MODIFICATION OR TERMINATION OF GENERAL SERVICE

We reserve the right, without notice and in Our sole discretion, to modify, suspend or cease making the Service (or any function, feature or portion thereof) or the Content (or any portion thereof) available at any time, for any reason without any obligation or liability to You. Likewise, We reserve the right, without notice and in Our sole discretion, to suspend or terminate Your right to access or use the Service (or any portion thereof). We are not responsible for any loss or harm related to Your inability to access or use the Service (or any portion thereof).

MODIFICATION OR TERMINATION OF MEMBERSHIP SERVICE

We reserve the right, without notice and in Our sole discretion, to modify, suspend or cease making our Membership Service (or any function, feature or portion thereof) or the Content (or any portion thereof) available at any time, for any reason without any obligation or liability to You or Us. Likewise, We reserve the right, without notice and in Our sole discretion, to suspend or terminate Your right to access or use the Membership Service (or any portion thereof). We are not responsible for any loss or harm related to Your inability to access or use the Membership Service (or any portion thereof). You are aware that all sales are final and if your Membership Service is canceled for any reason, no refund will be issued.

MISCELLANEOUS

If any term of these Terms Of Service is found by any court or arbitrator to be void or otherwise unenforceable, the remainder of this Agreement will remain valid and enforceable as though such term were absent upon the date of the execution of this Agreement. From time to time, We may offer special promotional offers which may or may not apply to Your Account. Headings are for reference purposes only and do not limit the scope or extent of such section. Any failure by You or Us to enforce any provision of these Terms Of Service will not constitute a waiver of such provision or of any other provision of these Terms Of Service. Except as otherwise expressly provided in these Terms Of Service or any Additional Terms, there will be no third-party beneficiaries to these Terms Of Service or any Additional Terms. These Terms Of Service, Our Privacy Policy and any Additional Terms constitute the entire agreement between You and Us and govern Your use of the Service, superseding any prior agreements between You and Us with respect to the Service. No joint venture, partnership, employment, or agency relationship exists between You and Us as a result of these Terms Of Service or Your access to and use of the Service. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, You must provide and are responsible for all equipment necessary to access the Service. Your rights and duties under these Terms Of Service (or any Additional Terms) are not assignable by You without Our written consent and any prohibited assignment is null and void. These Terms Of Service will inure to the benefit of, and are intended to be enforceable by, the parties and their respective successors and assigns. Any provision of these TOS that imposes or contemplates continuing obligations on You or Us will survive the expiration or termination of these Terms Of Service.

SALES TAX

Purchases may be subject to sales, use, excise and other tax in some jurisdictions. It is Your responsibility to ascertain and pay all taxes due.

We display an “Estimated Tax” to be collected at check out when confirming an order. The amounts displayed as estimated tax may then be updated later when Your order is finalized and completed.

SHIPPING

Valemion provides free shipping for U.S. orders but you are responsible for any additional shipping costs and fees selected at checkout that you are interested in.

RETURNS

Please be sure to read every description before you make a purchase. Time is taken to mention an items size & measurements so please verify an items measurements to avoid any issues with your order. Unless an item is completely misrepresented, all sales on Valemion are final.

EXCHANGE

We accept exchanges if the item(s) purchased have not already been shipped out or sent to you. If you see something else that you would like to purchase, simply contact us so your desired item(s) can be exchanged and shipped off to you. Please note that if your item has already been shipped, you will not be able to do an exchange.