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Stylesmart is getting a makeover! Please register to be contacted with the latest fashion and lifestyle trends.

Only qualified industry buyers are eligible to view and purchase the designs featured in stylesmart's showroom.

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Buyer Membership Agreement stylesmart.com, inc. Buyer's Membership Agreement You have chosen to become a STYLESMART Buyer. At STYLESMART we care about your experience on our site. To encourage a secure Internet environment and enhance the experience of all users on our site, we have developed this Membership Agreement ("Agreement"), which contains the terms and conditions applicable to Buyers on the site. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE REGISTERING FOR OR USING THE SERVICE. BY CLICKING ON THE "SUBMIT" BUTTON AT THE END OF THIS AGREEMENT AND THE MEMBER REGISTRATION FORM, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN AND BY ANY AND ALL POLICIES AND GUIDELINES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF SUCH TERMS AND CONDITIONS, YOU MUST NOT REGISTER FOR OR USE THE SERVICE. 1. General Terms and Conditions. The Agreement is entered into between you and stylesmart.com, inc. ("us," "we" or "STYLESMART"), and governs your access and use of our Web site and the services available through our site (collectively, the "Services"). Our Service is a venue for potential buyers such as you ("Buyers") of fashion designs and services ("Products") and designers ("Designers") to obtain fashion information and participate in online purchasing of designs. 2. Eligibility and Registration. Our Service is available only to Buyers who can form legally binding contracts under applicable law. Without limiting the foregoing, our Service is not available to minors. If you do not qualify, please do not use or register for our Service. At any time and in our sole discretion, we may refuse to permit anyone or any entity to register for, access, or use the Service. In order to request or purchase Products through our Service, you must register with us. You agree that you will provide accurate, complete and current information upon registration, and will maintain and update such information so that it remains accurate, complete and current. You are responsible for providing all communications lines and services and all equipment and technology necessary for you to access and use the Service. 3. Passwords and Security. You are solely responsible for any use of or action taken under your password on the Service. Your password may be used only to access and use the Service, electronically sign transactions, and review completed transactions. You are solely responsible for maintaining the confidentiality and security of your password, and may not disclose your password to any third party (other than third parties authorized by you to use your account). You agree to immediately notify us of any actual or suspected unauthorized use of your account or password. We will not be responsible for any loss to you arising from your failure to comply with the above. 4. Disclaimer of Limitation of Liability. Our Service is a venue for Buyers to request and purchase, and for Designers to offer to sell, Products. STYLESMART is not the agent of either Designers or Buyers for any purpose. We do not warrant the truth or accuracy of any Designer posting, or other related communications or content, the ability of Designers to sell Products or the ability of Buyers to purchase Products. We cannot and do not warrant a Designer's ability to complete the sale of Products they offer. We expect that you will use caution-and common sense-when using our Service. In the event that you have a dispute with one or more Designers, you release STYLESMART and its employees, agents, successors, officers, directors, assigns and affiliates (collectively, the "STYLESMART Affiliates") from any and all claims, demands and damages (actual, consequential and punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You hereby waive the provisions of any state law limiting or prohibiting a general release. We will not be involved in resolving any disputes between Designers and Buyers related to or arising out of any transaction or the failure thereof. We urge Designers and Buyers to cooperate with each other to resolve such disputes. IF BUYER IS A CALIFORNIA RESIDENT, BUYER EXPRESSLY WAIVES CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES THAT, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 5. Buyers' Obligations. a. Submission of Purchase Orders. You may submit initial requests for more information regarding the Products to Designers through our Service without any obligation to you. However, if you submit a purchase order to a Designer that notifies you through the Service that it has accepted the terms of your purchase order, you are obligated to purchase the Products in the amounts and at the price indicated in your purchase order and to complete the transaction. Your obligations shall be enforceable to the extent permitted by applicable law. All purchase orders submitted by you are final, and may not be retracted or canceled after the Designer notifies you that it has accepted the terms of your purchase order. By submitting a purchase order to a Designer, you represent and warrant to the Designer that you have the authority and ability to purchase the Products, and that your purchase order is accurate, current and complete, is not misleading or otherwise deceptive. It is your responsibility to ensure that the description and quantity of Products specified in your purchase order are accurate. We will make a good-faith effort to ensure, but do not warrant, that all responses processed by the Service accurately represent the data you submit. It is your responsibility to notify us of any system errors as soon as possible by contacting us. b. Taxes. You are responsible for paying any sales, use or other applicable taxes that apply to or arise from any of your transactions through the Service. c. Offline Transactions. If you and any Designer negotiate in any manner outside the Service for the purchase of any Product you previously viewed or requested through our Service, you agree to return to the Service once the negotiations are complete, where both you and the Designer shall follow our standard procedures for completing the transaction. Designers and Buyers attempting to complete any transaction related to designs previously viewed on the Service may be banned, at the sole discretion of STYLESMART, from further participation in the Service. d. Buyer Conduct. You agree that you will not use the Service to do any of the following: * submit, post, upload, or otherwise transmit any content that is (i) defamatory, libelous, abusive, tortuous, harassing, vulgar, obscene, or otherwise indecent; (ii) infringes or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights; or (iii) contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; * conduct, display, or forward surveys, contests, pyramid schemes, "spam" or chain letters; * impersonate, or otherwise misrepresent your affiliation with, any other person or entity; * falsify or delete any attributions, legends, or other proprietary designations of the origin or source of software or content appearing on the Service or contained in a file that is uploaded; * collect or store personal data about other Buyers; or * violate any applicable local, state, federal, or international law or regulation. e. Use of Designer Name and Business Information. Buyer will not, without a Designer's prior written consent, use information related to a transaction with a Designer or refer to the Designer's business activities for Buyer's or any other party's promotional and marketing purposes, and Buyer will exercise reasonable efforts to maintain the confidentiality of such information; provided, however, that Buyer may use a Designer's name exclusively for Buyer's marketing and promotional purposes f. Return Policy. Buyer may return merchandise within 10 days of shipment if product is damaged. Buyer must contact stylesmart.com to adivise of plan to return merchandise. 6. Applicable Policies and Guidelines. You agree to abide by the procedures and guidelines for submitting Product requests and purchase orders described herein and contained in the Standard Terms and Conditions, as stated below, which may be changed by us at any time upon email notification to you. It is in your interest to regularly refer to the Standard Terms and Conditions to understand the current procedures and guidelines applicable to our Service. You agree that any terms and conditions that appear on any other correspondence with a Designer which are inconsistent with the Standard Terms and Conditions will be void and have no force and effect. 7. Service Provided Free of Charge. The Service is currently provided to Buyers free of charge. We reserve the right to charge for any portion of the Service in the future. We will notify you of any fees and related payment terms associated with your use of any portion of the Service, and will require you to subscribe or re-subscribe to such portion of the Service prior to charging you any fees. 8. Modifications. We may modify this Agreement or any of the policies or guidelines governing the Service, at any time and in our sole discretion, by posting the modified Agreement here and directly emailing notification of the changes to you. The modifications shall be effective upon the effective date indicated in such posting or e-mail notice. You agree to review this Agreement periodically so that you are aware of any modifications. Your continued use of or registration with the Service shall be deemed your acceptance of the modified Agreement. You agree that the above-listed standards for notice of changes are reasonable. 9. Privacy and Your Information. Your privacy is important to us. Our use of any information gathered from you in connection with your use of or registration for the Service will be governed by the provisions of the STYLESMART Privacy Policy found online at www.stylesmart.com. You agree that STYLESMART may, for STYLESMART'S promotional purposes only, use your company name and aggregated information about any purchases you make through the Service. If you decide to purchase the Products offered by a Designer and submit a purchase order for such Products, that Designer shall receive your contact and shipping information. A Designer's use of this information is subject to the restrictions set forth in the Designer Agreement between the Designer and STYLESMART. If you feel that any Designer is using your personal information for any improper purpose, please notify us immediately, and we will exercise commercially reasonable efforts to resolve the problem with the Designer. Notwithstanding the foregoing, you acknowledge that we cannot control and do not warrant the appropriateness of the Designer's use of your information, or their business practices or privacy policies with respect to such information. 10. License Grant by STYLESMART. STYLESMART hereby grants you a revocable, nontransferable, nonexclusive right to use the Service solely as contemplated herein. Without limiting the foregoing or expanding any of your rights hereunder, you agree that you will not republish, reproduce, create any derivative of or distribute the Service or any portion of the Service or the information contained therein. The foregoing license has been granted to you subject to your agreement to abide by this Agreement as well as any other rules, procedures, policies, terms or conditions governing the Service that may be displayed from time to time on our Web site. 11. Ownership. The Service, its content and any and all intellectual property rights pertaining thereto (including but not limited to copyrights, patents, trademarks and service marks) are owned by or licensed to STYLESMART, and all right, title and interest therein and thereto shall remain the property of STYLESMART and/or its licensors and successors. You agree not to remove any copyright, trademark or other proprietary notice or legend contained on the Service without STYLESMART'S prior written consent. STYLESMART and other names of STYLESMART products and/or services referenced herein are trademarks of stylesmart.com, inc. Other product and company names mentioned herein may be the trademarks of their respective owners. 12. Termination. We reserve the right to reject your registration or suspend or terminate your access to and use of the Service at any time, in our sole discretion, and for any reason, including without limitation, for your submission of any false, inaccurate or misleading information to us or the Designers, or for any breach of this Agreement. In addition, we reserve the right, upon written notice to you, to terminate the listing or sale of any Product at any time, in our sole discretion and with no liability to you or the Designer offering such Product. You may terminate this Agreement upon thirty (30) days written notice to STYLESMART via email at terminate@stylesmart.com. This Agreement will continue to apply to your past use of the Service, even if you are no longer using the Service. Termination of your access to and use of the Service will not relieve you of any obligations occurring prior to such termination, or limit any liability that you may otherwise have to us or any Designer. 13. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR THE INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PURCHASED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION INFORMATION ON PRODUCTS PURCHASED OR SOLD, OR INTENDED TO BE PURCHASED OR SOLD, BY ANY DESIGNER OR BUYER BASED, IN ANY PART, ON INFORMATION OBTAINED THROUGH THE SERVICE. SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE INFORMATION, PRODUCTS, OR THE SERVICE; (2) ANY WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; AND (3) ANY WARRANTIES CONCERNING THE ABILITY OF A DESIGNER TO PROVIDE OR DELIVER ANY PRODUCT OR OF A USER TO PAY FOR ANY PRODUCT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 14. Limitation of Liability. IN NO EVENT SHALL STYLESMART OR ANY STYLESMART AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICE, THE INABILITY TO USE THE SERVICE, SERVICE DOWNTIME, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION POSTED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF STYLESMART OR ANY STYLESMART AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL THE LIABILITY OF STYLESMART OR ANY STYLESMART AFFILIATES TO YOU EXCEED THE GREATER OF: (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 15. Indemnity. You agree to indemnify, defend and hold harmless STYLESMART and the STYLESMART affiliates from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorney's fees) arising out of or related to (i) your use of the Service, (ii) your breach of this Agreement or any representation, warranty or covenant made by you herein, or (iii) your violation of any applicable law, statute, ordinance or regulation; provided that STYLESMART: (a) gives you prompt written notice of such claim, and (b) does not enter into any settlement or compromise of any such claim without your authorization. 16. Third-Party Links. The Service may contain advertisements and links to Web sites operated by third parties. Such links are provided for convenience only. STYLESMART does not control such Web sites, and is not responsible for their content, practices or privacy policies, or for your transactions with them. Inclusion of advertisements or links to such Web sites does not imply any association with their operators or any endorsement by us of any content, advertising, products, services or other materials on or available from such Web sites. 17. Applicable Law. This Agreement and any terms and conditions included or incorporated by reference herein shall be governed by and interpreted in accordance with the laws of the State of Washington, U.S.A., without giving effect to any principles of conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to this Agreement or your access to or use of the Service. 18. General. This Agreement constitutes the entire agreement between you and us with respect to the subject matter hereof, and the Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. Nothing in this Agreement shall constitute or create a joint venture, partnership, or any other similar arrangement between you and us. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. You may not assign any of your rights or obligations hereunder without the prior written consent of STYLESMART. We may assign this Agreement in whole or in part at any time without your consent. Any notice required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail or when delivered in person or mailed by first class, registered or certified mail, postage prepaid, to the address of the party specified on the registration form submitted by you. No failure of either party to enforce any of its rights under this Agreement will act as a waiver of such rights. If any provision of this Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. STANDARD TERMS AND CONDITIONS GOVERNING TRANSACTIONS BETWEEN BUYERS AND DESIGNERS These standard terms and conditions ("T&Cs") and the purchase order submitted by Buyer and accepted by Designer ("Final PO") constitute the entire agreement between Buyer and Designer for the purchase and sale of any of Designer's work (the "Products") presented on the STYLESMART Website (www.stylesmart.com). Other than as set forth herein, there are no other agreements, order acknowledgments, or terms and conditions, oral or written, for the purchase and sale of such Products. 1. Invoice and Payment. Stylesmart will invoice Buyer upon shipment of the Products. The Product Price will be due upon shipped merchandise per Stylesmart's invoice to Buyer. Product Price is defined as the price per unit sold, as defined on the STYLESMART Website and confirmed on the Final PO, multiplied by the number of units sold. Buyer will make this payment by credit card payment. If STYLESMART does not receive Buyer's payment of the full Product Price within this period, Buyer will also be required to pay interest at the rate of 1.5% per month, or the maximum amount allowable by applicable law, whichever is less, on any amount remaining due. 2. Taxes. Buyer will pay all taxes, including, without limitation, sales and use taxes (but excluding income taxes), arising from the transaction. 3. Designer's Warranties. Designer warrants to Buyer: a. Designer is, or at the time of delivery of the Products will be, the lawful owner of the Products, free and clear of all liens and encumbrances. b. Designer has, or at the time of delivery of the Products will have, full right, power and authority to sell the Products. c. The information describing Designer and the Products on the STYLESMART Website is true and correct on the date of delivery of the Products sold hereunder. d. At the time of delivery, Products will comply with the specifications set forth on the Final PO. TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNER MAKES NO OTHER EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES. EXCEPT AS OTHERWISE PROVIDED HEREIN, OR IN A SEPARATE WRITTEN WARRANTY AGREEMENT DESIGNER PROVIDED TO BUYER, THERE ARE NO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNER SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS RESULTING FROM THE SALE OR USE OF THE PRODUCTS. DESIGNER AND BUYER EXPRESSLY ACKNOWLEDGE THAT REPAIR OR REPLACEMENT OF THE PRODUCT IN QUESTION IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER IN THE EVENT OF ANY BREACH OF THE WARRANTIES DESCRIBED IN SECTIONS 3(C)-(D) ABOVE. 4. Buyer will pay all costs of delivering the Products to Buyer's delivery location designated in the Final PO. Designer will ship the Products to Buyer within the time period set forth on the Final PO. Designer will insure the Product for Buyer's benefit during transportation and at Buyer's cost. Title to and risk of loss will pass to Buyer only when the Product is delivered to Buyer's designated delivery location. 5. Designer will not be liable for any failure or delay in furnishing the Product due to any cause beyond Designer's reasonable control, including, without limitation, fire, explosion, earthquake, storm, lightning, acts of God, war, civil disturbance, governmental acts, labor difficulties or delay of carriers; provided, however, that upon the occurrence of any event which results in failure or delay in furnishing the Product in accordance with the shipment date specified in the PO, Buyer may, by written notice to Designer and STYLESMART, cancel the contract and upon such cancellation, all purchase proceeds, if any, will be returned to Buyer. 6. The purchase and sale of the Product hereunder will, at Buyer's option, be governed by and construed in accordance with the laws of the state of Buyer's designated delivery location or its home office, without giving effect to any principles of conflicts of laws. Exclusive jurisdiction and venue will be, at Buyer's option, with the courts in the county of Buyer's designated delivery location or its home office. 7. The successfully completed sale of the Products will bind and inure to the benefit of Buyer and Designer and their respective successors, assigns, heirs and personal representatives. No failure of either party to enforce any of its rights hereunder will act as a waiver of such rights. If any provision hereunder is found invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
"I have read the stylesmart Membership Agreement and agree to the terms and conditions. By clicking 'I Agree' below, I, as the primary company contact or Company Administrator, represent and warrant that I (and the other people indicated in Section 2. of the application) am a duly authorized representative of my company, and can form legally binding contracts under applicable law." I agree

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