Terms of Use

Below you will find terms and conditions for using our website. If you are looking for information on how buying or borrowing a dress from Borrowing Magnolia works, check out How It Works and FAQs. 

Borrowing Magnolia, LLC ("Borrowing Magnolia") maintains this web site as a service to its customers, potential customers, and other interested parties. Your use of this web site is subject in all respects to these terms and conditions and our Privacy Policy. These terms constitute a binding legal agreement between you and Borrowing Magnolia and your use of the website constitutes your binding agreement to the terms. If you do not accept these terms and conditions, then do not use this website.

Copyright © 2014 Borrowing Magnolia, LLC All rights reserved.

Copyright, Trademark and Digital Millenium Copyright Act (“DMCA”) Notices

This web site, and the information which it contains (including text, graphics, logos, icons, images, files, blog posts, and video clips), is the exclusive property of Borrowing Magnolia and its affiliates and licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. The compilation of all content on the web site is the exclusive property of Borrowing Magnolia and is also protected by United States copyright law, trademark law, international conventions and other intellectual property laws.

Designer gowns offered on this website are all registered trademarks of their original owners who reserve their rights and ownership. The use or mention of any trade names, product names, or trademarks on this website does not suggest that the trademark owner or designer has any affiliations with or any endorsements of this website. All other product names are trademarks or registered trademarks of their respective owners.

The content on the web site may be used as a resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance of the content on the web site is strictly prohibited.

In operating the web site, we may act as a “services provider” (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed, or otherwise made available using the web site. If you believe any material made available via Borrowing Magnolia infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or to disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content. Borrowing Magnolia’s agent for copyright issues relating to this web site is as follows:

Copyright Agent

Borrowing Magnolia, LLC

1715 Rugby Avenue

Charlottesville, VA 22903

Email Address: [email protected]

The words BORROWING MAGNOLIA and the all forms of the Borrowing Magnolia logo are trademarks of Borrowing Magnolia. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Borrowing Magnolia or the respective owners of the trademarks and logos, as applicable.

Use of Borrowing Magnolia Web Site and Its Content

The information contained in this web site is for general guidance on topics selected by Borrowing Magnolia. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction.

The information on this web site is provided with the understanding that Borrowing Magnolia and various authors and publishers providing such information do not constitute the rendering of professional advice or services. As such, information on this web site should not be relied upon or used as a substitute for consultation with professional advisors.

Borrowing Magnolia may alter, suspend, or discontinue this web site at any time for any reason, without notice or cost. The web site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. There may also be delays, omissions, or inaccuracies in information contained in this web site. We do not guarantee continuous, uninterrupted or secure access to our services. Operations of our website may be interfered with by numerous factors outside of our control, and Borrowing Magnolia shall not be held liable for any such interruptions.

By using this web site, you agree to indemnify, hold harmless and defend Borrowing Magnolia 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 this web site in violation of these terms.

No part of this web site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, except that Borrowing Magnolia authorizes you to view, copy, download, and print Borrowing Magnolia documents (such as press releases and FAQs) that are available on this web site, subject to the following conditions:

The documents may be used solely for noncommercial, informational purposes.

The documents may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Borrowing Magnolia or such third party that may own the copyright of material displayed on this web site.

While using the website, you agree to comply with all applicable laws, rules, and regulations.

Registration

Some of the services of features made available to you on this web site will require you to register. Upon registration, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should your registration information change, notify us immediately at [email protected] Borrowing Magnolia will not be held liable for any error in shipment, return, payment, e-mail, or otherwise should you fail to notify us of any changes to your registration information. Borrowing Magnolia reserves the right to change required registration information as needed and may request additional information subsequent to user’s initial registration. You are required to provide requested information in order to have continued access to the web site. The account password you provide should be unique and kept secure, and you must notify Borrowing Magnolia immediately of any security breach or unauthorized account use.

Privacy Policy

Borrowing Magnolia’s Privacy Policy is available at Privacy Policy and is hereby incorporated by reference into these terms and conditions.

Accuracy of Content and Future Modifications to Web Site

The information on this web site is believed to be complete and reliable; however, the information may contain technical inaccuracies or typographical errors. In addition, the information provided by this web site was current as of the date on which the information was first posted or otherwise made available. The information in any press releases provided by this web site was current as of the date of the particular press release. We update the information provided by this web site as we deem appropriate.

If you have any questions about the existence of more current information, please send those questions to [email protected] Borrowing Magnolia reserves the right to make changes to document names and content, product specifications, or other information without obligation to notify any person of such changes.

Standards of User Conduct

If we provide visitors with an opportunity to post information, comments, or any messages on the web site, you may not use this web site and its related services (the "Site") to:

1. Transmit via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials ("Content") that is, or which Borrowing Magnolia considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, excessively violent, harassing or otherwise objectionable Content;

2. Sell or promote any products or services that are unlawful in the location at which the Content is posted or received;

3. Sell or promote controlled pharmaceutical substances, tobacco, fire arms, or alcoholic beverages;

4. Introduce viruses, worms, Trojan horses and/or harmful code on the Internet;

5. Display material that exploits children under 18 years of age;

6. Post any Content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party;

7. Promote or solicit any business or promote, solicit or participate in multi-level marketing or pyramid schemes;

8. Harass, embarrass or cause distress or discomfort upon another participant, user, or other individual or entity;

9. Impersonate any other person, including but not limited to, a Borrowing Magnolia official, expert or bulletin board leader, guide or host;

10. Post, collect or disclose any personally identifying information (including account names) or private information about children or any third parties without their consent (or their parent's consent in case of a child under 13 years of age);

11. Post or transmit any unsolicited advertising, promotional materials, or any other forms of solicitation on our bulletin boards, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests;

12. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; or

13. Invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.

These are some, though not all, of the activities that may result in removal of Content which you post to the Site and/or the termination of your access to the Site.

Availability of Products and Services Mentioned

Information that Borrowing Magnolia publishes on this web site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Borrowing Magnolia intends to announce or make available such products or services to the general public, or in your country. Consult Borrowing Magnolia at [email protected] to determine which products and services may be available to you.

No Warranties

INFORMATION AND DOCUMENTS, INCLUDING PRODUCT SPECIFICATIONS, PROVIDED ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE. SPECIFICALLY, BUT WITHOUT LIMITATION, BORROWING MAGNOLIA DOES NOT WARRANT THAT: (i) THE INFORMATION ON THIS WEB SITE IS CORRECT, ACCURATE, RELIABLE OR COMPLETE; (ii) THE FUNCTIONS CONTAINED ON THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THIS WEB SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Product descriptions and specifications are subject to change. Borrowing Magnolia periodically adds or updates the information and documents on this web site without notice.

It is the user's responsibility to ascertain whether any information downloaded from this web site is free of viruses, worms, Trojan horses, or other items of a potentially destructive nature.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL BORROWING MAGNOLIA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF BORROWING MAGNOLIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BORROWING MAGNOLIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS WEB SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED $100 US.

Links to Third-Party Web Sites

This web site may contain links to non-Borrowing Magnolia web sites. These links are provided to you as a convenience, and Borrowing Magnolia is not responsible for the content of any linked web site or the actions of those that provide or use such linked web site. Any non-Borrowing Magnolia web site accessed from the Borrowing Magnolia web site is independent from Borrowing Magnolia, and Borrowing Magnolia has no control over the content of that web site. In addition, a link to any non-Borrowing Magnolia web site does not imply that Borrowing Magnolia endorses or accepts any responsibility for the content or use of such a web site.

No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Borrowing Magnolia of that third party or of any product or service provided by a third party.

Jurisdictional Issues

Borrowing Magnolia makes no representation that information on this web site is appropriate or available for use outside the United States. Those who choose to access this web site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Submissions to Borrowing Magnolia and Affiliated Servers

If you post, upload or make available to this Site, or otherwise submit to or through Borrowing Magnolia as part of your use of this Site, any Content, you hereby grant to Borrowing Magnolia, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Content and your name, image, voice, likeness and/or other biographical information or material in connection with that Content, in whole or in part, in all media formats and distribution methods now known or hereafter devised (including on the Site, third party web sites, broadcast and cable networks and stations, broadband and wireless platforms, products and services, physical media, and in theatrical release) for any and all purposes including advertising, promotional, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, without limitation as to frequency, and without the requirement of any permission from or payment to you or to any other person or entity. You waive any right to inspect or approve any Content or any use of the Content. By submitting Content, you represent and warrant that the Content and your communication thereof conform to the Standards of User Conduct (set forth above) and other requirements of these terms and conditions, and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Content in all manners contemplated by these terms and conditions. You waive all moral rights in the Content which may be available to you in any part of the world and confirm that no such rights have been asserted. None of the Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Content.

No export of information

The laws of the United States of America prohibit the export of certain software and data to particular persons, territories, and foreign states. Nothing from this web site may be exported, in any way, in violation of United States law.

Enforcement of Terms and Conditions

These Terms and conditions are governed and interpreted pursuant to the laws of the Commonwealth of Virginia, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration before a single arbitrator conducted in the English language in the Commonwealth of Virginia, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, Borrowing Magnolia shall be entitled to seek injunctive relief, security, or other equitable remedies from the United States District Court for the Southern District of New York or any other court of competent jurisdiction.

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. Borrowing Magnolia may, at its sole discretion and without notice, revise these terms at any time by updating this posting.

Entire Agreement

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except by a new posting of web site terms and conditions by Borrowing Magnolia, as described above.

For Additional Information

Please contact us at [email protected] if you have any questions about these terms or any other legal guidelines.


Copyright © 2014, Borrowing Magnolia, LLC All Rights Reserved.


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