Please carefully review the following terms and conditions (the "Terms" or this "Agreement").

By accessing or using the website currently located at https://www.statementdowntown.com/ (the "Website") or any other affiliated websites, as well as the mobile application known as "Statement Boutique" (the "App"), you are entering into a legally binding agreement with Statement on the Avenue, LLC., dba Statement Boutique. ("Statement Boutique", "we", "us"). The Website, App, and any related materials, services, or content provided through these platforms, as well as any future versions or updates of the App and Website, collectively constitute the "Services."

This Agreement governs your use of the Services, including any access to or interaction with them. By using the Services, you acknowledge and agree to be bound by these Terms. The Services offered by Statement Boutique include, but are not limited to, subscription-based rental of accessories and clothing, such as handbags and jewelry, to registered members ("Members") (the "Subscription"). If you do not agree to these Terms, you are not authorized to use the Services.

Additionally, this Agreement incorporates any supplementary terms and conditions posted by Statement Boutique through the Services or otherwise made available to you by Statement Boutique.

BY USING THE SERVICE, YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE (OR, IF OLDER, THE AGE OF MAJORITY) AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE, WHICH, AS FURTHER EXPLAINED IN SECTION 23 BELOW, REQUIRES DISPUTES TO BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN THROUGH JURY TRIALS, COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

THE SUBSCRIPTION IS AN AUTO-RENEWING SUBSCRIPTION. IF YOU ARE ENROLLING IN THE SUBSCRIPTION, PLEASE REVIEW THE DETAILS OF THE MONTHLY FEES AND AUTO-RENEWAL SETTINGS OUTLINED IN SECTION 5.7. YOU ACKNOWLEDGE THAT YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED FOR AS LONG AS YOU REMAIN A MEMBER OF THE SUBSCRIPTION, AND YOU CONSENT TO SUCH CHARGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AUTOMATIC RENEWAL OF THE SUBSCRIPTION, PLEASE CONTACT US AT STATEMENTLUXURYBAGS@GMAIL.COM.

BY APPLYING FOR A SUBSCRIPTION, STATEMENT BOUTIQUE MAY CONDUCT, OR ENGAGE A THIRD PARTY TO CONDUCT, A BACKGROUND CHECK. YOU CONSENT TO THIS BACKGROUND CHECK AND AGREE THAT STATEMENT BOUTIQUE WILL COMPLETE THE CHECK PRIOR TO APPROVING YOUR MEMBERSHIP.

1. CHANGES TO THE AGREEMENT

Statement Boutique reserves the right to update or modify this Agreement at any time. We will notify you of any changes through reasonable methods, such as posting an updated version of this Agreement within the Services. Any changes will not affect disputes that have already arisen between you and Statement Boutique prior to the date the updated Agreement is posted or communicated to you.

By continuing to use the Services after such updates, you acknowledge and accept the modified terms. The "Last Updated" date at the top of this Agreement reflects the most recent revision. Additionally, Statement Boutique may, at its discretion and without liability, change, suspend, or discontinue all or part of the Services (including access through third-party links); adjust, waive, or impose fees for use of the Services; or provide new opportunities or features to all or some users of the Services.

2. INFORMATION PROVIDED THROUGH THE SERVICES

Any information you submit through the Services is subject to Statement Boutique’s Privacy Policy, which can be found at https://www.statementdowntown.com/privacy-policy (the “Privacy Policy”). You affirm that all information you provide in connection with the Services is accurate, complete, and current, and you agree to update it as necessary. By submitting any information, including details about other individuals, you confirm that you have obtained all necessary permissions and consents to share such information.

3. PRODUCTS, CONTENT, SPECIFICATIONS, AND ACCURACY OF INFORMATION

As part of the Services, Statement Boutique offers rental and/or sale of handbags, jewelry, clothing, and other accessories, as determined at Statement Boutique’s discretion (collectively, "Accessories") to its Members (as defined below). We may provide listings, descriptions, images, and other details of products or services, including potential discounts or promotional offers related to the Accessories (collectively, "Products"). These Products may be offered directly by Statement Boutique or through third-party vendors.

While we strive to provide accurate and up-to-date information, we do not guarantee the completeness, accuracy, or reliability of any content available via the Services, including product listings, descriptions, images, or any associated details such as features, specifications, or pricing. All such information is subject to change at any time, without prior notice. Certain measurements and product descriptions are estimates provided for convenience, and actual product specifications may vary. Although we make reasonable efforts to represent the Products accurately, the colors and details displayed may differ depending on your computer’s display settings. The inclusion of any Products in the Services does not guarantee their availability or accuracy of promotional offers, including discounts or coupons, which may change without notice.

4. REGISTRATION; USERNAME AND PASSWORD

To access certain features of the Services, including utilizing your Membership, you may be required to register and create an account ("Account"). During the registration process, we may require that you select a username, password, and provide other relevant information. Statement Boutique reserves the right to reject or ask you to modify any username, password, or information provided during the registration process.

Your username and password are personal to you, and you are responsible for keeping them confidential. You are solely responsible for any activity that occurs under your Account, whether authorized or unauthorized. If you suspect any breach of confidentiality or unauthorized access to your Account, you must notify us immediately.

5. MEMBER TERMS

5.1. General

Once you submit an application to join the Subscription (“Application”), Statement Boutique will review your Application and, at its sole discretion, determine whether to offer you Membership (“Membership”) based on the information provided. If you are approved for Membership, you will be considered a “Member” and will begin paying the Subscription Fees (as defined below) for the duration of your Membership Term (as defined below).

5.2. Application Process

To become a Member, you must complete the Application, which is available on the Website and the App. By submitting the Application, you acknowledge that Statement Boutique will evaluate the provided information as part of the decision-making process. You certify that all the information in your Application is true, accurate, and complete. You also understand that Statement Boutique relies on the Application to assess your eligibility for Membership. By submitting the Application, you authorize Statement Boutique to conduct a background check as part of its review. If Statement Boutique discovers, or has reason to believe, that the information in your Application is false, incomplete, or misleading, Statement Boutique may terminate this Agreement or suspend your Subscription. If your Application is approved, you will become a Member subject to the terms outlined in this Agreement.

5.3. Membership Rules

As a Member, you agree to the following:

• Subscription Fees: You will be charged for your Membership each month. Your payment method will be automatically billed for the Subscription Fee, even if you do not rent an Accessory in a given month.
• Care of Accessories: You are responsible for ensuring that any rented Accessories are well cared for during the Rental Period (as defined below).
• Returned Accessories: If Statement Boutique has any reason to believe that a returned Accessory is not the same as the one originally shipped to you, it reserves the right to charge you for re-authentication costs and, if applicable, the retail value of the Accessory, as determined solely by Statement Boutique.
• Reporting Issues: You must notify Statement Boutique immediately about any issues, including damaged or lost Accessories.

5.4. Membership Terms

5.4.1. Subscription and Billing

The Membership operates on a monthly basis. You are required to pay the Subscription Fee each month (the "Month"). Each Month begins on the Start Day and continues until the Start Day of the next month.

• Start Day: The Start Day is the numerical day on which your Subscription begins, and this will be the anniversary date for every subsequent month. For example, if your Subscription starts on May 15, the Start Day will be the 15th of each subsequent month.
• Month: A "Month" is the period between one Start Day and the next. For example, if your Subscription starts on May 15, the first Month of your Membership Term will run from May 15 to June 14, and the second Month will run from June 15 to July 14.
• Level: "Level" refers to the specific Subscription tier with corresponding fees and rental privileges, as described on the “How it Works” page of the Website and in the App.

5.4.2. Accessories

You may access the available inventory of Accessories through your Account. Accessories may not always be available, and Statement Boutique is not liable if the desired Accessories are out of stock or unavailable when you wish to rent them. The availability of Accessories is on a first-come, first-served basis. Statement Boutique does not make any guarantees about the availability of any specific Accessories. Once you select an Accessory to rent, and it is confirmed available for your Level, the Accessory will be considered your “Selected Accessory.”

5.4.3. Shipping

Once your Selected Accessory is confirmed, it will be shipped to the address you provided in your Account. Please ensure your shipping information is accurate and up to date. Accessories are shipped via a carrier chosen by Statement Boutique, and delivery requires a signature. The Selected Accessory will be shipped in Packaging chosen by Statement Boutique, which may vary depending on the item. You must return the Packaging along with the Accessory.

5.4.4. Rental Period

Once you receive your Selected Accessory, you may return it at any time during the Membership Term, or keep it for as long as you wish, subject to the terms of this Agreement. The duration for which you have the Selected Accessory is referred to as the “Rental Period.”

5.4.5. One-Time Termination

You may terminate this Agreement within three (3) days of receiving your first Selected Accessory, with or without cause. To terminate, you must log in to your Account and cancel your membership within three (3) days of receipt. You must also return the Selected Accessory. Your termination will take effect once Statement Boutique receives the returned Accessory.

5.4.6. Freeze

After the Initial Membership Term, you may freeze your Membership in accordance with the freeze policy, which is available [here]

5.5. Accessories

5.5.1. Ownership of Accessories

The Accessories you rent are the exclusive property of Statement Boutique, and by subscribing, you acknowledge that you are only leasing these items. Ownership rights to the Accessories remain with Statement Boutique unless you opt to purchase an Accessory as outlined in Section 5.10. Keep in mind that certain Accessories may only be available at specific Levels, and the number of Accessories you can rent will depend on your chosen Level.

5.5.2. Condition of Accessories

The state of the Accessories you receive may vary. Some may be brand new, others gently used, and some may even be vintage, showing signs of wear. If an Accessory arrives in a condition you consider substandard, please notify us immediately at statementluxurybags@gmail.com. You are responsible for maintaining the Accessories in good condition throughout the Rental Period, and they should be returned in the same condition. Statement Boutique will inspect each returned Accessory and may charge you for any damage that exceeds normal wear.

5.5.3. Renting Accessories

(a) Statement Boutique will notify you by email once a Selected Accessory has been shipped and is available for your rental. Please note that no rental is finalized until you receive a confirmation email stating that the Accessory has been shipped.

(b) Depending on your Level, you may need to return the previously rented Accessory before you can select a new one. After returning the Accessory and once it's processed by Statement Boutique, you can proceed to rent another item, provided it aligns with your Level's rental privileges.

5.5.4. Returning Accessories

At the end of your Rental Period, you are required to return the Accessory in good condition, as specified in Section 5.9, unless you've opted to purchase it as per Section 5.10. If you cancel your Membership or fail to pay your Subscription Fee for two consecutive months and do not return the Accessory, or if Statement Boutique suspects you will not return it, Statement Boutique may charge the full retail price of the Accessory to your payment method. The determination of retail price will be made at Statement Boutique’s sole discretion.

5.5.5. Item Return Discrepancies

If Statement Boutique has reason to believe that the returned Accessory is not the same one originally shipped to you, we may need to verify the item. If so, you will be responsible for any costs incurred in the re-authentication process. If it’s determined that the returned item is not the same as the original, the Accessory will be treated as lost without coverage (refer to Section 5.11.4).

5.5.6. Authorized Use Only

You, and only you, are authorized to rent and use the Accessories during your Rental Period. You are not permitted to let others use the rented items, nor may you transfer or lend them to any third party. Your access to the Accessories is for personal, non-commercial use only, and you may not charge third parties for using the items.

5.5.7. Reporting Issues

If an issue arises with your rented Accessory, such as damage or loss, you agree to immediately notify Statement Boutique at statementluxurybags@gmail.com (or immediately after contacting local authorities if necessary). Please remember, you are fully responsible for the condition of the Accessory during the Rental Period, including if it is lost or stolen, subject to the coverage terms in Section 5.11.

5.5.8. Lost or Stolen Accessories

Statement Boutique will determine, at its sole discretion, whether an Accessory is lost or stolen. If an Accessory is considered lost or stolen, the applicable coverage terms in Section 5.11 will apply, and Statement Boutique may take action to recover the lost item.

5.5.9. Damaged Accessories

If a Selected Accessory is returned with damage that exceeds normal wear and tear, as determined by Statement Boutique, you agree that we may charge your payment method for the full retail value of the item. The assessment of the retail price will be made solely at Statement Boutique's discretion.

5.6. Membership Levels

5.6.1. Level Overview

Not all Accessories are available at every Level. The range of items you can select from and the number of Accessories you can rent at once will depend on the Level you choose.

5.6.2. Choosing Your Level

When you sign up for a Membership, you'll select a Level, which is subject to Statement Boutique's approval. You may also request to change your Level as outlined below.

5.6.3. Level Adjustments

You can request to change your Level at any time, either by contacting Statement Boutique or through your Account on the Website or App. If you wish to change to a higher Level, you must first return any Accessories that are exclusive to your current Level. Level changes will take effect on the Start Day of the following Month, and the new Subscription Fee will apply accordingly.

5.7. Subscription Fees and Payment

5.7.1. Overview of Fees

Statement Boutique provides the ability to obtain a Subscription through its services, and certain transactions may incur additional fees as described in these Terms.

5.7.2. Subscription Fee

Statement Boutique reserves the right to adjust the Subscription Fee at any time. The Subscription Fee covers your monthly Membership cost (at the selected Level), as well as shipping and return shipping costs for the Accessories you rent.

5.7.3. Payment Method

To maintain an active Membership, you must have a valid payment method on file with Statement Boutique. You may need to provide details such as your credit card number, expiration date, billing address, and shipping information. YOU WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD YOU PROVIDE. By submitting this information, you authorize Statement Boutique to share it with third parties as necessary to facilitate transactions. Verification may be required before processing a Transaction.

5.7.4. Payment Schedule

On the Start Day of each month, your payment method will be charged the Subscription Fee for that month. You authorize Statement Boutique to charge your payment method for the Subscription Fee and any other applicable charges for each Month of your Membership Term, or until you cancel your Membership as described in Section 5.12.

5.7.5. Authorization of Charges

By becoming a Member, you authorize Statement Boutique or its designee to charge your payment method for the Subscription Fee and other charges related to your Membership, as specified in this Agreement.

5.7.6. Insufficient Payment

If Statement Boutique is unable to charge your payment method for any reason, you agree to settle the outstanding balance promptly.

5.7.7. Account Suspension for Non-Payment

If your payment method cannot be processed, Statement Boutique may suspend or terminate your Membership.

5.7.8. Late Fees and Collection Costs

If you fail to pay any amounts owed, you will be responsible for any costs incurred by Statement Boutique to collect these amounts, including legal fees. Interest will be charged on overdue amounts at a rate equal to the prime rate plus 1%, or the maximum allowed by law.

5.7.9. Taxes

You are responsible for all applicable taxes, including local, state, and city taxes, related to your Membership or any Accessories you rent.

5.7.10. Deposits

Statement Boutique may request a deposit or require the return of any Accessories in your possession if there is an issue with your payment method or if we have reason to believe you may not fulfill your financial obligations.

5.8. Delivery

Upon receiving confirmation that your Selected Accessory is available, you will be notified of its shipment along with a tracking number. The item will be dispatched through the courier selected by Statement Boutique, and a signature will be required at the time of delivery. It is your responsibility to ensure that someone is available to sign for the delivery. Delivery times for Selected Accessories may fluctuate based on several factors, including (a) the availability of the Accessory, (b) your delivery address, (c) the timing of your order, and (d) other conditions that may impact the delivery process. The risk of loss for the Selected Accessory passes to you upon successful delivery.

5.9. Returns

5.9.1. General Return Requirement

Unless you have purchased the Selected Accessory, all items must be returned to Statement Boutique. Each Selected Accessory will include the necessary materials for return shipping. The Accessory must be returned with the original packaging.

5.9.2. Return Shipping Method

You are required to utilize the return shipping materials and label provided by Statement Boutique for all returns. The use of your own shipping packaging or method is prohibited. If you lose the return label, you may generate a replacement from your Account. Be sure to ship the item via the proper method to avoid any complications.

5.9.3. Use of Personal Shipping Materials

If you elect not to use the return materials or shipping label provided by Statement Boutique, or if you lose these materials and do not request replacements, the return will be made at your own risk. You will bear full responsibility for any damage to or loss of the Accessory during transit, and Statement Boutique will not be liable for any issues that arise if the item is not returned via the designated method. Additionally, if you opt for an alternative shipping method, please be aware of any limitations in coverage that may apply.

5.9.4. In-Person Return

You may return your Selected Accessories in person at the Statement Boutique office during standard business hours. However, you must personally hand the item to a Statement Boutique representative. Items should not be left unattended.

5.10. Purchase

On occasion, Statement Boutique may offer to sell selected Accessories to Members. If you wish to purchase an Accessory, please contact Statement Boutique at statementluxurybags@gmail.com. The purchase of any Accessories will be governed by a separate agreement, which will be outlined in the terms agreed upon between you and Statement Boutique.

5.11. Coverage

Coverage is limited to Accessories that remain in your care, custody, and control. Statement Boutique is not the coverage provider; all decisions regarding coverage will be made by the third-party provider and will be binding. If you have an active coverage policy that applies to a Selected Accessory, and you receive any payment from that policy, you agree to reimburse Statement Boutique for any amounts recovered under your policy that are applied toward the cost of the Accessory.

5.11.1. Base Coverage

The base coverage included with your Subscription covers normal wear and tear of the Selected Accessories. Normal wear and tear will be determined at the sole discretion of Statement Boutique. If the Selected Accessory is lost due to fire, theft, or robbery while in your care, you will not be held responsible, provided you submit a signed statement and a copy of the police report. If a Selected Accessory is returned in an excessively damaged state, you will be responsible for the costs determined by Statement Boutique. No coverage will apply in cases where damage results from negligence or intentional harm, as determined by Statement Boutique.

5.11.2. Custody and Control

You are fully responsible for any loss or damage to the Selected Accessory if it is not in your care, custody, and control. The only locations where a Selected Accessory may be left unattended are in your residence or hotel room.

5.11.3. No Coverage

Regardless of the coverage plan you select, if your Membership is terminated, suspended, or frozen, and you fail to return all Accessories in your possession, you will be responsible for the full retail value of any unreturned items. You authorize Statement Boutique to charge your payment method for the retail price of the Accessories and collect the full payment for any such unreturned items.

5.12. Membership Term and Termination

5.12.1. Membership Term

The “Initial Membership Term” will begin on the first Start Day of your Subscription and will continue for a period of three (3) months. Your Subscription will automatically renew for successive one (1) month periods (“Renewal Membership Term(s)”), unless terminated as provided below. The Initial Membership Term, together with any Renewal Membership Term(s), will be referred to as the “Membership Term.”

5.12.2. No Early Termination of Initial Term

You are not permitted to cancel your Subscription during the Initial Term. If you attempt to cancel your Subscription during this period, Statement Boutique reserves the right to charge your payment method for the remaining Subscription Fees for the full Initial Term.

5.12.3. Non-Renewal

You may terminate your Membership at any time after the Initial Membership Term, provided the following conditions are met: (i) the termination will not take effect until the end of the Initial Membership Term; (ii) you do not have any Selected Accessories in your possession; (iii) all Selected Accessories have been returned to Statement Boutique; and (iv) you notify Statement Boutique of your intent to cancel at least five (5) days prior to the Start Day of the next renewal period. If you fail to provide the required notice within five (5) days, your Membership will still terminate, but the effective termination date will be the last day of the following month. If your Membership terminates under this section, you will remain responsible for paying the Subscription Fee through the end of the month in which the termination takes effect.

5.12.4. Termination by Statement Boutique

Statement Boutique reserves the right to terminate your Membership at any time, with or without cause, and with immediate effect. If Statement Boutique terminates your Membership, you will be entitled to a pro-rata refund of the Subscription Fee paid for the remaining portion of the current billing cycle, calculated based on a 30-day month.

5.12.5. Suspension

Without limiting the right of Statement Boutique to terminate your Membership, if you breach this Agreement or if Statement Boutique believes that you are likely to breach this Agreement, or if there is a concern regarding damage to an Accessory, Statement Boutique may suspend your access to the Accessories. You will be required to return any Accessories immediately upon suspension.

5.12.6. Effect of Termination

Upon expiration or termination of your Membership, your Account will be deactivated, and your Subscription will end. You must return all Selected Accessories or other items you have in your possession in accordance with the return procedures. You will be responsible for paying any Subscription Fees or other amounts owed that have not already been collected.

6. TEXT MESSAGING TERMS AND CONDITIONS

6.1. Express Consent

By opting into receiving text messages from Statement Boutique, which may include SMS and MMS messages (the "Program"), you expressly consent to receiving automated text messages at the mobile number you have provided, including messages sent using an automatic dialing system. Your consent to receive such automated text messages is not a condition for making a purchase.

6.2. Program Details

The Program may involve both recurring and non-recurring text messages that provide updates related to promotions, products, events, shopping cart reminders, special offers, or other Statement Boutique-related content. The frequency of these text messages may vary. Statement Boutique reserves the right to adjust the frequency of text messages at its discretion, including increasing or decreasing the number of messages sent. We also reserve the right to change the short code or phone number used to send the text messages. Message and data rates may apply depending on your mobile carrier and plan. Not all mobile devices or carriers may support the text messaging service, and delivery of messages may not be available in all locations. Statement Boutique, its service providers, and the carriers involved in the Program are not responsible for any delayed or undelivered messages.

6.3. Opt-Out / Cancellation

You may opt out of receiving text messages from the Program at any time. To unsubscribe, simply text "STOP" to the short code or phone number from which you received the message. After sending the "STOP" command, you will receive one final confirmation message indicating that your request has been processed. You acknowledge that the text messaging platform may not recognize unsubscribe requests that do not follow the correct "STOP" command, and agree that Statement Boutique and its service providers will not be liable for failing to process any such requests. If you opt out of one Program, you may continue to receive messages from any other Programs you are enrolled in until you separately opt out of those.

6.4. Privacy

For information about how Statement Boutique handles your personal data, please refer to our Privacy Policy (Section 2).

6.5. Customer Support and Inquiries

For assistance with the Program or if you have any questions, you may text the keyword "HELP" to the phone number or short code that sent you the message. Alternatively, you can contact us by email at statementluxurybags@gmail.com for further support.

7. RULES OF CONDUCT

When using the Services, you agree not to engage in any of the following actions:

1. Prohibited Content: You shall not post, transmit, or otherwise make available any content that:

• (a) Is threatening, harassing, degrading, hateful, intimidating, or otherwise violates the rights and dignity of others;
• (b) Is defamatory, libelous, fraudulent, or otherwise unlawful;
• (c) Is obscene, indecent, pornographic, or otherwise objectionable;
• (d) Infringes on any copyright, trademark, trade secret, privacy, publicity rights, or any other proprietary rights, without the express prior written consent of the owner.

2. Harmful Code: You shall not post, transmit, or otherwise make available any content that contains or introduces a virus, worm, Trojan horse, spyware, or any other harmful computer code, file, or program designed to damage, disrupt, or monitor the operation of any hardware, software, or equipment (collectively, “Virus”).
3. Unlawful Use: You shall not use the Services for any commercial, fraudulent, unlawful, or tortious purposes.
4. Data Harvesting: You shall not harvest, collect, or otherwise obtain personal information about users of the Services without their consent.
5. Interference with Services: You shall not disrupt or interfere with the operation of the Services or the servers or networks that support the Services, including by hacking, altering, or defacing any portion of the Services, or by violating any network or server policies or procedures.
6. Restricting Others: You shall not restrict or inhibit any other person from using the Services.
7. Unauthorized Use or Reproduction: You shall not reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, or otherwise exploit any portion of the Services except as expressly permitted by these Terms, without Statement Boutique’s prior written consent.
8. Reverse Engineering: You shall not reverse engineer, decompile, or disassemble any portion of the Services, except where expressly permitted by applicable law.
9. Removal of Proprietary Notices: You shall not remove any copyright, trademark, or other proprietary notices from the Services.
10. Framing or Mirroring: You shall not frame, mirror, or archive any portion of the Services, or incorporate any portion of the Services into another product or service, without the prior written consent of Statement Boutique.
11. Systematic Downloading: You shall not systematically download, store, or collect content from the Services.
12. Automated Data Collection: You shall not use any robot, spider, search engine, site retrieval application, or other manual or automatic device to retrieve, index, scrape, mine, or otherwise gather content from the Services, or to circumvent the navigational structure or presentation of the Services, without Statement Boutique’s prior written consent.

You are solely responsible for obtaining, maintaining, and paying for all necessary hardware, telecommunications, and other services required to access and use the Services.

8. INTELLECTUAL PROPERTY RIGHTS

The Website, App, and any Products, along with all materials made available through the Services—including, but not limited to, information, documents, products, logos, graphics, sounds, images, compilations, content, and services (collectively referred to as "Materials")—are the exclusive property of Statement Boutique or its respective third-party suppliers, authors, developers, or vendors ("Third Party Providers") and are safeguarded by intellectual property laws and other proprietary protections. Except as explicitly authorized in these Terms, none of the Materials may be modified, copied, printed, reproduced, distributed, republished, displayed, performed, downloaded, transmitted, or otherwise used in any form or by any means, whether electronic, mechanical, photocopying, recording, or otherwise, without prior written consent from Statement Boutique. Statement Boutique’s trade names, trademarks, service marks, and logos include Statement Boutique and related logos. Any other trade names, trademarks, service marks, or logos featured on the Services, not owned by Statement Boutique, belong to their respective owners. You are prohibited from using our trade names, trademarks, service marks, or logos without obtaining prior written permission from Statement Boutique. Nothing on the Website or in the Services, nor any content provided, should be interpreted as granting a license or any right to use any of these trade names, trademarks, service marks, or logos without express prior written consent from the rightful owner.

Unless explicitly stated by Statement Boutique, nothing contained on the Website or in the Services conveys any license or ownership rights in the Materials under Statement Boutique's intellectual property, whether through implication, estoppel, or otherwise. For inquiries about obtaining such licenses, refer to the "Contact Information" section below. Statement Boutique does not independently review, test, certify, or authenticate Materials provided by Third Party Providers in whole or in part. Statement Boutique does not sell, license, or lease any Materials except those explicitly identified as being provided by Statement Boutique.

Statement Boutique operates independently and is not affiliated with any third-party brands mentioned on or through the Services. Third-party brands displayed on or through the Services:

• (i) Do not authenticate the Products available through the Services, and
• (ii) Do not assume responsibility for any Products rented or purchased via the Services. These third-party brands are not partners, affiliates, or collaborators of Statement Boutique. For more details on Product authentication, please refer to our FAQ.

9. TERMINATION

This Agreement remains in effect until terminated. Statement Boutique reserves the right to suspend or terminate your Account or access to the Services at any time, with or without cause. You remain fully responsible for any orders you place or charges you incur prior to termination. Statement Boutique also retains the right to modify, suspend, or discontinue any aspect of the Services without prior notice. Upon termination or suspension, your right to use the Services will immediately cease, and Statement Boutique may deactivate or delete your username, password, Account, and all related content, without any further obligation to you or any third party. You will not be entitled to any further access to your Account or the Materials after such deactivation. Notwithstanding the termination, Section 2 of these Terms shall remain in effect.

10. SUBMISSIONS

You may have the opportunity to submit certain content or materials (each referred to as a "Submission") through or in connection with the Services, including but not limited to content posted on profile pages or in other interactive areas of the Services. Statement Boutique has no control over, and is not responsible for, any use or misuse (including any unauthorized distribution) of Submissions by third parties. IF YOU CHOOSE TO MAKE ANY PERSONALLY IDENTIFIABLE INFORMATION OR OTHER MATERIALS PUBLICLY AVAILABLE THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.

You agree not to post or submit any content that:

• (a) Is defamatory, abusive, harassing, threatening, or violates the privacy rights of others;
• (b) Is discriminatory, hateful, or offensive based on race, gender, sexuality, or other protected categories;
• (c) Is vulgar, obscene, pornographic, or sexually explicit in nature;
• (d) May harm or be reasonably expected to harm any individual or entity.

11. LINKS TO THIRD-PARTY SITES

The Website and App may provide access to information, products, services, or materials offered by third parties ("Third Party Materials") or may contain links or references to such Third Party Materials. By using these features, you are requesting Statement Boutique to direct and transmit the Third Party Materials to you. Statement Boutique is not responsible for, and does not endorse or accept any responsibility for, the content or use of third-party websites. We are under no obligation to monitor Third Party Materials, but we reserve the right to block or restrict access to any Third Party Materials at any time. Links to third-party websites are provided solely for convenience, and the inclusion of any link does not imply endorsement by Statement Boutique of the linked website or its content, unless specifically stated. Third Party Materials may contain inaccuracies, misleading information, or deceptive content. It is your responsibility to take appropriate precautions to ensure that any third-party content you select is free from viruses or other harmful elements.

YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS AND CONDITIONS OR POLICIES GOVERNING SUCH MATERIALS (SUCH AS THE TERMS OF SERVICE OR PRIVACY POLICIES OF THE THIRD-PARTY PROVIDERS).

12. MONITORING

Statement Boutique reserves the right, but disclaims any obligation, to (a) refuse to post, remove, or block any Submission that violates these Terms, and (b) identify any user to third parties, and/or disclose any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure is necessary to:

• (i) Comply with applicable laws, such as a court order or subpoena, or
• (ii) Enforce these Terms or protect the safety of individuals or property. We retain all rights (but have no obligation) to monitor, evaluate, alter, or remove Submissions at our discretion, for any reason or no reason. We may disclose information about your access to and use of the Services, and any related circumstances, to any third party as necessary.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, (A) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF STATEMENT BOUTIQUE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $1,000.00, (B) IN NO EVENT SHALL STATEMENT BOUTIQUE BE LIABLE TO ANYONE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, OR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE, THE APP, OR THE SERVICES, INCLUDING DOWNLOADING MATERIALS, REGARDLESS OF CAUSE, WHETHER IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, EVEN IF STATEMENT BOUTIQUE OR THE THIRD PARTY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR ANY PRODUCT OR THIRD PARTY MATERIALS IS TO CEASE USING THE SERVICES. ALL LIMITATIONS OF LIABILITY (INCLUDING THIS SECTION) ARE MADE FOR THE BENEFIT OF STATEMENT BOUTIQUE AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND THIRD PARTY PROVIDERS ("AFFILIATED ENTITIES").

14. ACTUAL DAMAGES & COLLECTION

In the event you fail to pay any Subscription Fee or other amounts owed to Statement Boutique, or fail to return any Selected Accessories, or return them in a damaged condition, you will be charged the full retail value of the Selected Accessory in your possession, and you will be liable for Statement Boutique's actual damages, including any accrued Subscription Fees, interest, and any costs incurred for collection, cleaning, restoring, or repairing the Selected Accessory.

This Agreement does not limit Statement Boutique's legal rights to reclaim its property or collect amounts owed, including through legal recourse.

15. YOUR LIMITED RIGHTS

Subject to your compliance with this Agreement and as long as you are permitted to use the Services, you are granted the right to view one (1) copy of any portion of the Website to which access is provided, on a single device, for personal, non-commercial use only.

The App is licensed (not sold) to you. Subject to your compliance, Statement Boutique grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to install and use the App on a mobile device you own or control, for personal, non-commercial use only. If you fail to comply with this Agreement, you must immediately cease using the App and remove it from your device.

16. LICENSES FROM YOU

16.1 License. You retain ownership of your Submissions. By submitting any content, you grant Statement Boutique a worldwide, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, distribute, perform, display, modify, and create derivative works from the Submission, in any format or media, for any purpose (including promotional purposes).

16.2 Feedback. Any ideas, suggestions, or other materials provided to Statement Boutique (“Feedback”) are considered a Submission. You acknowledge that Feedback is unsolicited, not confidential, and does not place Statement Boutique under any obligation.

17. REFUNDS

If a Member is dissatisfied with a Selected Accessory and wishes to request a refund, they may email statementluxurybags@gmail.com for assistance and further steps.

18. PROMOTIONS

Promotions such as sweepstakes, contests, and raffles may be governed by separate rules. If you participate in a Promotion, review the applicable rules and our Privacy Policy. In the event of any conflict between the Promotion rules and this Agreement, the Promotion rules will apply.

19. DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE SERVICES AND ANY PRODUCTS, ACCESSORIES, AND THIRD PARTY MATERIALS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STATEMENT BOUTIQUE MAKES NO REPRESENTATIONS REGARDING THE RELIABILITY, TIMELINESS, QUALITY, OR ACCURACY OF THE WEBSITE OR ANY PRODUCTS OR SERVICES. STATEMENT BOUTIQUE DOES NOT WARRANT THAT THE WEBSITE, APP, OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, AND DISCLAIMS ANY LIABILITY FOR DELAYS OR DELIVERY FAILURES.

STATEMENT BOUTIQUE IS NOT RESPONSIBLE FOR UNAUTHORIZED ALTERATIONS TO THE SERVICES BY THIRD PARTIES. If you become aware of such alterations, please contact us at statementluxurybags@gmail.com.

20. INDEMNITIES

To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Statement Boutique and the Affiliated Entities, as well as their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising from or related to (a) your use of, or activities in connection with, the Services (including all Submissions and use of the Accessories); and (b) any violation or alleged violation of this Agreement by you.

21. YOUR RESPONSIBILITIES; EXPORT CONTROLS

21.1 You will comply with all applicable local, state, national, and foreign laws, treaties, regulations, and conventions in connection with your use of the Services, including, but not limited to, those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Statement Boutique controls and operates the Services. Furthermore, you expressly agree not to violate any rights of publicity or privacy of any person or defame any person or entity.

21.2 You are responsible for complying with U.S. export controls and any violations of such controls, including U.S. embargoes or other federal regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or national of, any country subject to a U.S. government embargo or other restriction, or one designated by the U.S. government as a “terrorist-supporting” country; or (b) listed on any of the U.S. government’s restricted end-user lists.

22. NOTICES; QUESTIONS, COMPLAINTS; DMCA

22.1 Notices. Statement Boutique may provide notice via a general notice on the Services, by electronic mail to the email address on record in Statement Boutique's account information, or by written communication sent via first-class mail or prepaid post to the address on record in your account. You may give notice to Statement Boutique by sending a letter via registered mail with return receipt to:
Statement Boutique, Website Notices,
55232 867^th Rd.,
McLean, NE 68747,
statementluxurybags@gmail.com.
All notices shall be deemed to have been given four days after mailing, or 36 hours after sending by confirmed facsimile, email, or posting to the Website.

22.2 Questions, Complaints. If you have a question or complaint regarding the Services, please email statementluxurybags@gmail.com. Alternatively, you may contact us by writing to:
Statement Boutique,
55232 867^th Rd.,
McLean, NE 68747,
or by calling us at (402)639-4768.
Please note that email communications may not be secure, so do not include credit card or other sensitive information in emails. California residents may contact the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

22.3 DMCA. Statement Boutique complies with the Digital Millennium Copyright Act (“DMCA”). If you believe that material available on the Services infringes your copyright, you may send a written notice to Statement Boutique requesting the removal of such material. If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must comply with the current statutory requirements imposed by the DMCA. For more information, see http://www.copyright.gov/. Any notices under the DMCA should be sent to Statement Boutique's designated agent at statementluxurybags@gmail.com or via registered mail to:
DMCA Compliance Agent,
Statement Boutique,
55232 867^th Rd.,
McLean, NE 68747.

23. GOVERNING LAW; ARBITRATION

23.1 Resolution of Issues. Statement Boutique will work in good faith to resolve any issue you have with the Website, should you bring it to the attention of our customer service department. However, in rare cases, there may be instances where a resolution cannot be reached to your satisfaction.

23.2 Arbitration. In order to resolve disputes in a cost-effective and timely manner, you and Statement Boutique agree that any disputes arising out of or related to these Terms and/or your use of Statement Boutique's products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator, rather than in a court of law. Arbitration is a more informal process than litigation, where a neutral arbitrator, rather than a judge or jury, resolves the dispute, and judicial review is limited. While discovery is more limited than in court, both parties agree to cooperate with reasonable discovery given the nature of the dispute. The arbitrator can award the same remedies that a court could, including punitive damages, as determined by U.S. Supreme Court law. This arbitration provision survives termination of these Terms or any other agreement between you and Statement Boutique. YOU UNDERSTAND AND AGREE THAT BY ACCEPTING THESE TERMS, YOU AND STATEMENT BOUTIQUE WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

23.3 Exceptions to Arbitration Agreement. Nothing in these Terms limits the right of either party to: (a) bring an individual action in small claims court; (b) pursue enforcement through a relevant federal, state, or local agency, where applicable; (c) seek injunctive relief in a court of law; or (d) file suit in court regarding intellectual property infringement claims.

23.4 Arbitration Process. If you wish to pursue arbitration against Statement Boutique, you must first send a written notice to Statement Boutique via certified mail at:
Statement Boutique,
55232 867^th Rd.,
McLean, NE 68747.
If Statement Boutique wishes to pursue arbitration against you, we will send a written notice to your most recent address on file. The notice must describe the nature of the claim and the specific relief sought. If the issue is not resolved within 30 days after receiving the Notice, either party may commence arbitration or file a small claims court action. The arbitration will be governed by the Consumer Arbitration Rules of the American Arbitration Association (AAA), and will be administered by the AAA. The rules and forms are available at www.adr.org. The arbitration will generally be held over the phone, unless an in-person hearing is requested and approved by the arbitrator. The arbitrator will issue a reasoned decision based on the findings. The prevailing party may be entitled to reasonable legal fees, as allowed by law.

23.5. No Class Actions.

23.5.1. YOU AND STATEMENT BOUTIQUE AGREE THAT CLAIMS MAY ONLY BE BROUGHT IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, unless both you and Statement Boutique agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, nor preside over any form of a representative or class proceeding. The arbitrator may only award declaratory or injunctive relief in favor of the individual party seeking relief, and only to the extent necessary to address that party’s individual claim. If this specific provision is found to be unenforceable, then: (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms will remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts located in New York, New York.

23.5.2. The AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are filed against Statement Boutique or you by the same or coordinated counsel, or are otherwise coordinated. In addition to the application of these rules, you and Statement Boutique agree that when twenty-five (25) or more similar claims are asserted by the same or coordinated counsel, there may be delays in processing claims. For such coordinated actions, you and Statement Boutique also agree to follow a coordinated bellwether process. Counsel for the claimants and counsel for Statement Boutique will each select ten (10) cases (per side) to proceed first in arbitration as part of the bellwether process. The remaining cases will not be filed or considered filed in arbitration, and no AAA fees will be assessed for these cases until they are selected for arbitration as part of this process. If the parties cannot resolve the remaining cases after the initial twenty (20) proceedings, each side may select another ten (10) cases (per side) to proceed to arbitration as part of a second bellwether process. This staged process will continue until all claims included in the coordinated filings, including your case, are adjudicated or resolved. The statute of limitations and any filing fee deadlines will be tolled from the time the first cases are selected for arbitration until your case is selected, withdrawn, or resolved. A court shall have the authority to enforce this process and, if necessary, enjoin the mass filing or prosecution of arbitration demands against Statement Boutique or you.

23.6. Nebraska Law Governs

These Terms will be governed by the laws of the State of Nebraska.

24. MISCELLANEOUS PROVISIONS

This Agreement represents the complete understanding of the parties with respect to the use of the Website and supersedes any prior or contemporaneous communications, whether conflicting or additional. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the provision(s) shall be modified to reflect the original intent of the parties, and all other provisions will remain in full force and effect. No joint venture, partnership, employment, or agency relationship is created between Statement Boutique and you by virtue of these Terms or your use of the Website. You may not assign this Agreement without the prior written approval of Statement Boutique. Any purported assignment in violation of this section will be void. Statement Boutique reserves the right to use Third-Party Providers for the provision of the Website and/or the goods, services, and/or materials associated with it. The failure of either party to enforce any right or provision of this Agreement shall not be considered a waiver unless acknowledged in writing. Any rights not expressly granted herein are reserved by Statement Boutique.

25. APPLE-SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and is not responsible for the App. To the maximum extent permitted by law, Apple has no warranty obligation with respect to the App. Apple is not obligated to provide maintenance or other support services for the App and shall not be responsible for any claims, losses, liabilities, damages, costs, or expenses related to the App. Apple is not responsible for addressing any claims from you or third parties regarding the App, including product liability claims, failure to conform to legal or regulatory requirements, or issues under consumer protection, privacy, or other similar laws. In the event of an intellectual property infringement claim against the App or your use of it, Apple will not be responsible for the investigation, defense, or settlement of such a claim. Any questions, complaints, or claims relating to the App, including intellectual property matters, must be directed to Statement Boutique as outlined in the “Notices; Complaints; DMCA” section above. The license granted to you hereunder is non-transferable, limited to using the App on an Apple-branded device that runs Apple’s iOS operating system, and is subject to any third-party agreements, such as your wireless service agreement. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms against you.

26. NEW JERSEY CONSUMERS

If you are a consumer residing in New Jersey, the following provisions do not apply to you (and do not limit your rights) to the extent they are unenforceable under New Jersey law: (a) the disclaimer of liability for indirect, incidental, consequential, special, exemplary, or punitive damages; (b) limitations of liability for lost profits or misuse of data; (c) application of liability limitations in claims arising from contract, tort, negligence, or strict liability; (d) the requirement for you to indemnify Statement Boutique and the Affiliated Entities; and (e) the New York governing law provision (to the extent your rights as a New Jersey consumer are required to be governed by New Jersey law).

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