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TERMS AND CONDITIONS

You must review and agree to these Terms & Conditions ("Terms") before becoming a Subscriber.

I. OVERVIEW

THESE TERMS & CONDITIONS ("TERMS") CONSTITUTE THE AGREEMENT BETWEEN NADINE WEST, INC. ("NW") (SOMETIMES ALSO REFERRED TO HEREIN AS "WE" OR "US") AND ITS CUSTOMERS ("SUBSCRIBERS") (SOMETIMES ALSO REFERRED TO HEREIN AS OR "YOU"). THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING THE PARTIES’ RIGHTS AND OBLIGATIONS, INCLUDING, WITHOUT LIMITATION, CONDITIONS, LIMITATIONS, AND EXCLUSIONS. THESE TERMS ALSO APPLY TO THE USE OF THE NW WEB SITE, ANY NW SOCIAL MEDIA, THE SUBSCRIBER’S ACCOUNT, THE SHOPPING EXPERIENCE OFFERED THROUGH THE NW WEB SITE, AND ANY SHIPMENTS YOU RECEIVE.

BY REGISTERING AS A SUBSCRIBER YOU AGREE THAT YOU ARE OF LEGAL AGE TO ENTER INTO THESE TERMS, YOU HAVE READ, UNDERSTOOD, AND ACCEPT AND ARE BOUND BY THESE TERMS, AND YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE, CREATE AN ACCOUNT OR PURCHASE ANY PRODUCTS.

YOU ALSO REPRESENT THAT YOU ARE (i) AT LEAST 18 YEARS OF AGE OR OF LEGAL CAPACITY TO FORM A BINDING CONTRACT WITH NADINE WEST, AND (ii) NOT PROHIBITED BY APPLICABLE LAW FROM ACCESSING NADINE WEST’S WEBSITE OR ANY OF NADINE WEST’S WEBSITE'S CONTENTS, GOODS OR MERCHANDISE.

PLEASE READ THESE TERMS OF USE CAREFULLY. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNDER THE SECTION TITLED "DISPUTE RESOLUTION AND BINDING ARBITRATION."

THESE TERMS ARE SUBJECT TO CHANGE BY NW WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF ANY CHANGES TO OUR TERMS BY POSTING THE NEW TERMS HERE: nadinewest.com/home/terms_of_use AND UPDATING THE "LAST UPDATED" DATE BELOW. AT OUR DISCRETION, NW WILL ENDEAVOR TO GIVE EMAIL NOTICE OF ANY SUBSTANTIVE CHANGES TO THE TERMS BEFORE THEY ARE EFFECTIVE. FOR EXISTING SUBSCRIBERS, ANY CHANGES TO THESE TERMS WILL BE EFFECTIVE FIFTEEN (15) CALENDAR DAYS FOLLOWING THE TERMS’ LAST UPDATED DATE. THESE CHANGES WILL BE EFFECTIVE IMMEDIATELY FOR NEW SUBSCRIBERS. YOUR CONTINUED STATUS AS A SUBSCRIBER WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES. PLEASE REGULARLY CHECK nadinewest.com/home/terms_of_use TO VIEW THE THEN-CURRENT TERMS.

II. HOW IT WORKS:

  • Becoming a Subscriber

    • Should you wish to purchase products from NW, you will register on the NW web site to become a "Subscriber" and create an Account. There is no charge for registering as a Subscriber.

    During registration as a Subscriber, you will complete our Style Quiz in order to establish your Style Profile. You agree to keep your Style Profile up to date and include personal notes about your likes and dislikes. You will also provide NW with, at a minimum, your email address, shipping address, billing & payment information, phone number, and birth year and chosen Shipment Term.

    By providing this information, the Subscriber confirms that the information is true, correct, and complete. The Subscriber also confirms that she is (i) duly authorized to use such credit or debit card for the purchase, (ii) charges incurred by the Subscriber will be honored by her credit card company, and (iii) the Subscriber will pay the amounts incurred by her under these Terms. Prepaid cards are not accepted at this time.

    All bank fees charged due to overdraft, insufficient funds, or similar fees are the responsibility of the Subscriber. NW accepts no responsibility for bank, credit card, debit card, or similar fees.

  • Subscription Term

    • You may register for a "Monthly" or "Bi-Monthly" Subscription Term.

    Monthly Subscription Term means that you will be mailed packages on average every 30-40 days.

    Bi-Monthly Subscription Term means that you will be mailed packages on average every 14-20 days.

    The registered Subscription Term shall begin to run from the date you have completed the registration and shall be automatically renewed every month unless you cancel.

  • Cancellation of Subscription

    • You may cancel your registration as a Subscriber by either emailing a written notice of termination to myoutfits@nadinewest.com or, if available in your state, clicking the option to cancel your Subscription in your user profile. You may initiate cancellation of your subscription at any time, but the cancellation will be effective at the end of your current Subscription Term.

    If a shipment to you is in process before you give NW notice of cancellation, you will not be entitled to a refund of the styling fee for that particular package.

  • Prices of Products

    • The prices of Products vary. They are listed on the packing slips received in each package we mail to you. If you do not like the price, you may return the item pursuant to the return process.

    We may offer from time to time promotions on the NW website, through social media, or otherwise that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

    We strive to set forth accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

    Listed prices do not include taxes or other governmental fees. All such taxes and fees will be added to your total. An itemized listing of your purchases and charges are available through your Account page available through NW’s web site.

  • Fees & Taxes:
    1. Fee

      2. The Subscriber will be charged a non-refundable styling fee prior to the shipment sent each Subscription Term. However, should the Subscriber decide to keep items sent by NW, the fee shall be used as a credit toward any items kept by the Subscriber during that Subscription Term.

    2. Taxes & Fees

      3. The Subscriber is also responsible for payment of any state and local sales taxes and fees that apply to the shipment.

  • Number of Items Purchased: No Minimum

    • There is no minimum number of items that Subscribers are required to purchase.

  • The Package

    • Within 3 weeks of registration, NW mails a Package of Products to the Subscriber.

    NW decides what Product to put in the Package based on the Subscriber’s Style Profile and purchase history.

    How often a Subscriber is sent Packages depends upon the selected Subscription Term.

    Monthly Subscription Term means that you will be mailed Packages on average every 30-40 days.

    Bi-Monthly Subscription Term means that you will be mailed Packages on average every 14-20 days.

    Specific ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory, geography, and automatic shipping preference.

    The Package is sent to the shipping address provided by the Subscriber using the United States Postal Service or other common carrier. The Package (including the Products and other contents of the Package) is considered accepted by Subscriber (and title and risk of loss passes to Subscriber) when the Package is picked up from NW by the common carrier. The Package shall be considered received by the Subscriber if the common carrier indicates successful delivery.

  • Returns

    • You will be able to try on the Products to see what you like, and can decided to keep all, some, or none of the Products in the Package. Each Package comes with instructions for proper return by a specific "Return By Date" and prepaid return shipment label. If you want to send back any of the Products in your Package, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be scanned by the common carrier (such as the US Postal Service or FedEx) no later than the Return By Date listed on the packing slip (the "Return By Date") and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and the title will return to us. We will assume that you have chosen to keep any Products from the Package that you do not have scanned by the common carrier back to us by the Return By Date, and we will charge you using your billing information for those Products any time after the Return By Date. Any exceptions permitting a return scanned later than the Return By Date must be requested in a timely manner and may be granted at the sole discretion of NW.

    The manufacturer of the Products may provide a warranty for defective Products or otherwise. Please refer to the manufacturer's warranty (see Section 6) included with the product or as detailed in the product's description on our Site.

  • Payment for Products

    • If the Subscriber chooses to keep Products from the Package (as described above in the section titled "Returns"), the Styling Fee for that Shipment Term will be credited towards the purchase price of those Products. The remaining amount can be paid for via credit card or other payment method then available in your Account. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If we are not able to charge your preferred payment method, you authorize us to use any payment method stored on the record for your Account. We reserve the right to terminate your Account in the event that we are unable to successfully charge the provided payment method. If we do not receive payment from you, you agree to pay all amounts due on your Account upon demand.

  • Requested Refunds:

    • In its sole discretion, NW may choose to consider Subscriber’s requests for refunds for Product not properly returned by the Return By Date. Such request must be made within 7 days of the Return by Date.

  • Shipping Concerns

    • Shipping is provided by a third party common carrier. Shipping dates are estimates only and cannot be guaranteed by NW. NW is not liable for any delays in shipments. Should a Subscriber have any concerns regarding shipping, she must communicate the concern in thorough detail to NW by sending an email to myoutfits@nadinewest.com within 7 days of the shipping concern arising.

  • Allergies

    • Any Subscribers with allergies are advised to proceed at their own risk because NW cannot guarantee the prevention of sending Products or other items which might cause an allergic reaction.

  • Accounts

    • As a Subscriber, you agree to keep your Account Information confidential. If your Account is accessed with your secure Account Information, we will rely on that Account Information and will consider the access valid. You are solely responsible for any and all use of your Account and all activities (including Shipments -- as defined below) that occur under or in connection with your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all action we deem necessary to ensure the security of your Account, including without limitation terminating your Account, changing your password, or requesting additional information to verify or update the status of your account. You agree to be responsible for any act or omission of any users that access our site using your Account Information that, if undertaken by you, would be deemed a violation of these Terms. You may not use anyone else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization.

    Creating multiple accounts in efforts to procure items without payment or any other behavior consistent with the above will be considered theft and will be fully prosecuted.

III. Additional Terms

  • Warranties and Disclaimers.

    • ALL PRODUCTS OFFERED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.

    WE SPECIFICALLY DISCLAIM ANY LIABILITY ASSOCIATED WITH THE USE OF THE PRODUCTS (E.G., RASHES THAT MAY DEVELOP FROM WEARING THE PRODUCTS OR DYES THAT BLEED FROM THE PRODUCTS ONTO OTHER ITEMS) AND YOU AGREE THAT YOU WILL NOT BRING ANY SUCH CLAIMS AGAINST NW.

    THE SUBSCRIBER AFFIRMS THAT NW SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

    SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

  • Limitation of Liability.

    • IN NO EVENT SHALL NW BE LIABLE TO SUBSCRIBER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT NW WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

    NW’S SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY SUBSCRIBER FOR THE PRODUCTS.

    The limitation of liability set forth above shall: (i) only apply to the extent permitted by law.

  • Goods Not for Resale or Export.

    • Subscriber represents and warrants that she is buying products for her own personal or household use only, and not for resale or export. Subscriber further represents and warrants that all purchases are intended for final delivery to locations within the US.

  • Ownership of Intellectual Property.

    • Subscriber understands and acknowledges that the software, code, and proprietary methods and systems used to provide the customer experience ("Our Technology"), and the materials, information, and content made available or displayed by us (collectively, "Our Content") are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use of Nadine West. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted according to these Terms. Furthermore, except for the limited license above, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products, on our Website or in communications constitute trademarks, trade names, service marks or logos ("Marks") of NW or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with your subscription to Nadine West will be governed by such third parties’ licenses and not by these Terms.

  • Privacy.

    • We respect your privacy and are committed to protecting it. Our Privacy Policy , available at nadinewest.com/home/privacy_policy governs the processing of all personal data collected from you in connection with your purchase of products from NW.

  • Force Majeure.

    • We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, shortages of labor or materials, internet failures, computer equipment failures, materials or telecommunication breakdown or power outage, or non-performance of third parties.

  • Governing Law and Jurisdiction.

    • NW is headquartered in and operates its web site and social media from Texas. All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.

  • Dispute Resolution and Binding Arbitration.

    • YOU AND NW ARE AGREEING TO RESOLVE ANY DISPUTES WHATSOEVER THROUGH ARBITRATION.

    AS SUCH, NW AND YOU GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

    ANY CLAIM, DISPUTE OR CONTROVERSY, WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND/OR EQUITABLE CLAIMS BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR BEING A SUBSCRIBER OR THE PURCHASE OF PRODUCTS FROM NW, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

    The arbitration will be administered by and held in accordance with the Commercial Arbitration of JAMS pursuant to the following conditions:

    1. Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone, video conference, or written submission, an in-person arbitration hearing will be conducted in Austin, Texas.

    2. Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.

    3. Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures. Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.

    4. Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.

    5. Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with NW remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.

    6. The Federal Arbitration Act and federal arbitration law will govern the interpretation and enforcement of this section.

    7. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

    You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR NW WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SUBSCRIBERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that these Terms specifically prohibit you from commencing arbitration proceedings as a representative of others. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.

    Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance with the award, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution and Binding Arbitration section, to enforce an arbitration award, or to seek injunctive or equitable relief.

    Severability. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

    Right to Waive. Any or all of the rights set forth in this Dispute Resolution and Binding Arbitration section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution and Binding Arbitration section.

    Survival. This Dispute Resolution and Binding Arbitration section will survive the termination of your relationship with us.

    Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

    Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution and Binding Arbitration section.

    Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in Austin, Texas.

  • Exclusions and Limitations; Consumer Protection Notice.

    • For Jurisdictions that do not allow us to limit our liability: If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. Notwithstanding of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. For example, in those jurisdictions where it is not allowed as a matter of law, we do not disclaim liability for: (a) death or personal injury caused by our negligence or that of any of our officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

    • New Jersey Residents. If you are a New Jersey consumer, the terms of Sections III.F and G do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of the State of New Jersey.
    • California Residents. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about NW must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to contact@nadinewest.com

      California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  • Assignment

    You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

  • Equitable Relief

    You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us, which would be both difficult to determine, and which would not be remedied by damages alone. As such, you agree that we have the right to enforce these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these terms.

  • No Waivers

    The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of NW.

  • No Third-Party Beneficiaries

    These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

  • Notices

    1. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting on your account on the NW web site or (iii) by posting on the NW web site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
    2. To Us. To give us legal notice under these Terms, unless otherwise provided in these Terms, you must provide such notice by email to contact@nadinewest.com with the subject line "Legal Notice." Notices sent by email will be effective when we receive the email. For all customer service related concerns, please email myoutfits@nadinewest.com

  • Severability.

    If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

  • Survival.

    Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, and limitations of liability.

  • Entire Agreement.

    These Terms, the initial Welcome Series of emails sent to new Subscribers, and our Privacy Policy (found at nadinewest.com/home/privacy_policy ) are the final and integrated agreement between you and us on the matters contained in these Terms.

Last Updated Date: June 16, 2022