Terms and Conditions
Welcome to Oh Frock.
If you have any questions, please refer to the Oh Frock Help and FAQ section on our Website.
June 6, 2018
This Agreement is effectively enforced as of June 6, 2018, and applies to all current users and as of the first use of the Website, mobile application, or any Services by new users. This Agreement is between you (the "user") and Oh Frock (Outfitflip LLC). Any user who is found to be in violation of the following Agreement and any other policies posted on the Website may be banned, at the sole discretion of Oh Frock (Outfitflip LLC), from using the Website, mobile application, and/or any services.
THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF ON AN INDIVIDUAL BASIS. YOU ACCEPTANCE THESE TERMS OF SERVICE IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY OUTFITFLIP, LLC (OH FROCK). BY YOU INDICATING YOUR ACCEPTANCE THIS ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND OUTFITFLIP LLC, (OH FROCK). IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU CANNOT USE THE SERVICE.
Outfitflip LLC (D/B/A Oh Frock) ("Oh Frock," "we," "us," and/or "our") provides its services (described below) through its website, mobile applications, and its website located at http://www.ohfrock.com (the "Site"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service on this page and will indicate the date that these terms were last revised on the top portion of this page. We will also notify you of any changes, either through our Websites HOME PAGE, or via email. You should periodically visit this page to review the current Term of Service so you are aware of any revisions to which you are bound. Any such changes will become effective for existing users no earlier then seven (7) days after they are posted, except any changes addressing new functions of our Services or changes made for legal reasons. Those changes will be effective immediately. Your continued use of our Service after the date any such changes become effective constitutes your acceptance of our new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access our Service.
ACCESS AND USE OF OUR SERVICE
Our service provides an online and mobile consignment marketplace for the figure skating, dance, and gymnastic communities competitive sports dresses, leotards, accessories, practice gear, and items in which consumers can upload photos of, list and sell their items, and buyers can browse and purchase such items.
Third-Party Service Providers
Oh Frock has engaged with Stripe and other third-party service providers to perform many of the services related to payment processing, including card processing, currency exchange, identity verification, fraud analysis and regulatory compliance.
Oh Frock has partnered with Stripe and other licensed payment processors to facilitate credit card/ACH payments and the disbursement of funds to sellers. The provider and processing time for your payment may vary. If there are insufficient funds in your bank account or insufficient credit available when our provider processes the payment for your purchase or to recoup fees or balances due to Oh Frock, we will reserves the right to contact you directly to seek payment.
Oh Frock may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
REGISTRATION REQUIREMENTS & COMPLIANCE
Individuals using our Services must be 18 years of age or older and able to form legally binding contracts under applicable law or the age of majority in the applicable jurisdiction. By using our Services, registering with our Website and/or mobile application, or creating an account to use our Services, you represent and warrant that: (a) you are at least 18 years old, (b) you are located and reside in the United States, Canada, Australia, or any other country; (c) all registration information you submit is accurate and truthful; and (d) if you are acting on behalf of a legal or business entity, you are authorized to bind that entity to the Agreement. Individuals under the age of 18 must at all times use our Services with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities of any minors. Without limiting the foregoing, the Service is not available to minors (people under the age of majority in their state or province of residence) or to temporarily or permanently suspended members of the Service.
Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account, and agree and acknowledge that you are fully responsible for any and all activities that occur under your password or account. You acknowledge and agree to (a) immediately notify Oh Frock of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Oh Frock will not be liable for any loss or damage arising from your failure to comply with this Section.
You may not transfer, sell, rent, assign, sublicense, or otherwise allow another party to access or use your Oh Frock account. You are responsible for all activity of the user account and user ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Changes (Modifications) to our Services & Storage of Information
Oh Frock reserves the right to modify (change) or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You acknowledge and agree that Oh Frock shall not be liable to you or to any third party for any changes, suspension or discontinuance of the Service. You acknowledge that Oh Frock may establish general practices and limits concerning use of the Service. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or transmitted by the Service. You also acknowledge that Oh Frock reserves the right to terminate accounts that are inactive for an extended period of time.
Mobile Services Use Rules
When you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices. You acknowledge and agree that your use of the Service must be in accordance with the usage rules established by your mobile device platform or service provider.
Conditions of Use of Service (website and mobile application)
You are solely responsible for all conduct and activity carried by you on our website, including all descriptions, pictures of items, listings, information, data, graphics, video, messages or other materials or content that you upload, post, publish or display or otherwise transmit via our Service, and for all items that you sell or purchase via our Service. Oh Frock reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending items or content from our Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to NOT use Oh Frock Services to:
- SELL, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Oh Frock, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Oh Frock or its users to any harm or liability of any type;
- IMPERSONATE any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- SOLICIT personal information from anyone under the age of 18;
- COLLECT email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- ADVERTISE or offer to sell or buy any goods or services other than those items intended to be sold and purchased through the Service;
- INTERFERE with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
- VIOLATE any applicable local, state, national or international law, or any regulations having the force of law;
- ENGAGE in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar anti-spam, data protection, or privacy legislation in any jurisdiction;
- FURTHER or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
- OBTAIN or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
Purchase and Sale Transactions
Registering for Services offered through Oh Frock is free; however, Oh Frock charges the seller a sales percentage of the sale price of a completed transaction on our Website. Our Fee Policy is available at www.ohfrock.com/fees and is incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. Dollars. In addition to the payment of the applicable purchase price for a purchased item, buyers are responsible for paying all shipping costs to Oh Frock (which shipping costs are detailed in the Fee Policy) and all applicable sales, excise, import, export, VAT and other taxes or duties associated with the purchase and sale of any items through our Service. All such shipping costs and taxes are not included in the listed price for any items made available from sellers through our Service, but will be displayed to buyers before confirmation of any purchase. Sellers are responsible for all income taxes associated with the purchase and sale of any items through our Service. For clarity, all shipping costs paid will be retained by Oh Frock.
Credit Card Transactions
When you as a buyer effect any transactions using a credit card, you must have a valid credit card on file, and we will (Stripe our third party credit card processor will) store your credit card information. Oh Frock will verify your credit card information (including expiration date and billing address), but will not charge your credit card unless you conduct an activity through our Service that requires your credit card to be charged. By agreeing to pay for a transaction with your credit card, you authorize us (and Stripe, our third party processor) to charge your credit card.
We reserve the right to change or discontinue, temporarily or permanently, some or all of the fees for the Service (including to lower fees for promotional events), and such changes are effective when we post information about the fee change through the Service Homepage. Additionally, we may change our Fee Policy at any time and in our sole discretion, and any changes to the Fee Policy are effective upon the posting of such changes to the Fee Policy page.
Oh Frock Service acts as a marketplace for users to interact with other users to buy and sell competitive sport dresses, leotards, practice-wear, and other related items. Oh Frock only provides a service, is not involved in any transaction between buyers and sellers who use our Service, does not obtain title to any purchased items and does not act as the buyer or seller (or agent for buyers or sellers) with respect to any such transactions. Oh Frock is not affiliated with or endorsed by any designer, manufacturer, retailer or brand of the items that users buy or sell on Oh Frock site. There are risks that you assume when dealing with other users (including those who may be acting under false pretenses). You agree that all of these risks are borne by you, and not Oh Frock. Oh Frock does not control the behavior of users of the Service or the information or other content provided by other users that is made available through our Service. As a result, Oh Frock does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any listings, or the ability of sellers to sell items or of buyers to buy items. We cannot assure that all transactions will be completed. Additionally, Oh Frock does not guarantee the ability or intent of users to fulfill their obligations in any transactions. Oh Frock reserves the right to delay the completion of any transaction for a reasonable period of time for purposes of fraud detection and otherwise protecting Oh Frock and its users from illegal or wrongful activities.
FOR EVERY TRANSACTION THAT IS COMMENCED THROUGH OUR SITE, YOU MUST MAKE YOUR OWN INDEPENDENT DETERMINATION REGARDING THE STATEMENTS, PRODUCT DESCRIPTIONS OR THE REPRESENTATIONS OF THE OTHER PARTY AND THE PARTY'S ABILITY TO PAY FOR OR DELIVER THE ITEM(S) OFFERED. PLEASE USE CAUTION, COMMON SENSE, AND PRACTICE SAFE TRADING WHEN DEALING WITH OTHER USERS OR OTHERWISE USING THE SITE.
Oh Frock prohibits the listing or sale of any item that is illegal to sell under any applicable law, statute, ordinance, or regulation, including without limitation items listed under our Prohibited Items Policy available at www.ohfrock.com/listing-guidelines which is hereby incorporated by reference into these Terms of Service.
Explosives, Weapons, and Related Items
Oh Frock prohibits the listing or sale of any firearm, or weapons of any kind, including, rifles, shotguns, handguns, assault weapons, pistols, guns, black powder guns, bb guns, air soft guns, paintball guns, muzzleloaders, antique and collectible guns, automatic weapons, sports and hunting guns, knives, swords, hunting knives, kitchen knives, replica swords, claw knives, throwing spears, machetes, stunt guns, explosive devices, any plastic non-explosive training aid, fireworks, flares, flare guns, grenades of any kind, grenade launchers, improvised explosive devices, projectile and concussive products that employ gunpowder or explosives.
You may list and sell pre-owned, gently used competition or practice wear attire. You must have the legal authority to sell the items that you are listing for sale through our Service. You must describe your item (including the original price) and all terms of sale in your listing must be truthfully, accurately and reasonably completed. If you make a purchase, you shall complete the transaction with the buyer unless the transaction is prohibited by law or on our Terms of Service. You are also responsible for payment of the commission to Oh Frock as set forth in the Fee Policy. We advice against listing items on multiple websites. However, if you choose to list your items on multiple sites, you are responsible for keeping the items listed on Oh Frock updated. If you sell your item on a different site, you must immediately mark the item as "sold" under the availability tab or delete the listing completely from Oh Frock. Our site is immediate, meaning if someone decided to purchase your frock, their payment will process immediately through Stripe.
If you agree to purchase an item through our Service and confirm the transaction, you are obligated to complete the transaction in accordance with the terms and conditions specified by the seller (e.g., with respect to the listing price), unless the transaction is prohibited by law or on our Terms of Service.
All sales are binding. The seller is responsible for accurately listing their items, and the buyer is responsible for reading the item description before making a purchase. The seller is obligated to ship the order to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance. The buyer is obligated to deliver the appropriate payment for items purchased, unless there is an exceptional circumstance
Upon the confirmation of any purchase or sale transaction through our Service and payment of the required amount by the buyer, Oh Frock will send to the seller's email address indicated in the seller's account profile a pre-paid shipping label for seller to ship the purchased item to the buyer. The seller must ship the purchased item to the buyer using the shipping label (and corresponding shipping method) required by Oh Frock within 3 days after receipt of such shipping label. If the seller does not ship the purchased item within the required time period, then the seller will be notified that the order will be cancelled. Upon receipt of confirmation from the buyer that it has satisfactorily received and accepted the purchased item, Oh Frock will credit seller's account in an amount equal to the purchase price received from the buyer, minus the commission to be retained by Oh Frock as detailed in our Fee Policy. The buyer must confirm acceptance within 3 days after receipt of the purchased item; if the buyer does not respond within such time period, the purchased item will be deemed accepted. Any funds credited to the seller's account may be redeemed by the seller through a permitted third party payment provider, STRIPE, (Oh Frock's chosen financial institution).
We do not currently allow returns of items, but we do strive to make our customers happy. If the item you receive is damaged, the wrong item or not as described, or if any items are missing, then you must report the issue to Oh Frock’s Customer Service within 24 hours after delivery of the purchased item via email at firstname.lastname@example.org.
If you are planning on going on vacation make sure to turn your “I’m on Frocking vacation mode" on. Here are the steps on how to turn it on; 1.) Log into your account 2.) Go to Manage my Frocks 3.) Under "My Marketplace" select "My Frocking Vacations" 4.) Select the dates you will be gone (from start date til the day you return and are available to start shipping again) 5.) Turn Vacation Status to “ON" 6.) Double check that you have selected the correct dates. You are responsible for the merchandise you list and for turning the vacation mode on. *Buyers will still be able to view your items they just won't be able to make a purchase until you return and your vacation mode is off
Intellectual Property Rights
All content on our Website and Services are owned by or licensed to Oh Frock (Outfitflip LLC). All trademarks, logos, service marks, trade names, graphics, page headers, button icons, scripts and other designs that are displayed on the Website and Services are owned by Oh Frock (Outfitflip LLC) and/or its affiliates or their third party licensors and may not be used unless authorized by the trademark owner. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Oh Frock (Outfitflip LLC) Trademarks displayed on the Service, without our prior written permission. Oh Frock (Outfitfip LLC) intellectual property may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Oh Frock is a marketplace for competitive wear, practice wear. and accessories. Please refrain from listing items that do not fall into these categories, as they clutter our marketplace and make shopping difficult and less enjoyable for others.
Pre-owned items can be listed on Oh Frock if they are clean and in good condition. Please refer to the “Important Guidelines for Listing of items” section on our website. All items must be clearly and accurately represented.
Oh Frock strictly prohibits the sale of illegal items. Members who buy, list, or otherwise attempt to sell such illegal items risk immediate and permanent suspension from Oh Frock. Using a brand name to falsely describe or promote an item violates trademark law, even if the item is not explicitly "counterfeit". For example, the use of the words "inspired by" followed by a brand is prohibited on our platform.
Explosives, Weapons, and Related Items
Oh Frock prohibits the listing or sale of any firearm, or weapons of any kind, including, rifles, shotguns, handguns, assault weapons, pistols, guns, black powder guns, bb guns, air soft guns, paintball guns, muzzleloaders, antique and collectible guns, automatic weapons, sports and hunting guns, knives, swords, hunting knives, kitchen knives, replica swords, claw knives, throwing spears, machetes, stunt guns, explosive devices, any plastic non-explosive training aid, fireworks, flares, flare guns, grenades of any kind, grenade launchers, improvised explosive devices, projectile and concussive products that employ gunpowder or explosives. We reserve the right to immediately remove any listing that violates this policy.
Items such as figure skating boots, blades, Zucca bags, and/or any item that is not specified under “Important Guidelines for Listing of items” is prohibited.
We also prohibit the sale of items that cannot be shipped using Priority Mail per USPS regulations, including nail polish, perfumes and aerosols. Any listings in these categories will be deleted. Members who repeatedly attempt to sell such items risk permanent suspension from our website.
Please be advised that when using our Service or when sending an email to us, you are communicating with us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements.
Third Party Material
Oh Frock will not be responsible or liable in any way and under any circumstances, for any items or content posted by third parties or at the direction of users. This includes but it not limited to any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any items or content posted, sold, purchased or otherwise transmitted via our service. You understand and acknowledge that Oh Frock does not pre-screen our sellers, items, or content, but that we do have the right in our sole discretion to remove any items or content that is available via our Service, that violates our Terms of Service or we deem objectionable. You agree that you will evaluate and bear all risks associated with the use of any item or content.
You to release, indemnify and hold harmless Oh Frock, and its affiliates, officers, employees, directors, stockholders, and agents, from and against all claims, liabilities, demands, costs, losses, expenses, fees, rights, actions of any kind, including attorney’s fees, arising out of or relating to your use of our Service, Website or mobile application. This includes any sale or purchase of any item, any user content, and any and all connection with our Service or breach of our Terms of Service, Agreement, or any violation of any rights of another. This includes any dispute with another.
If you are a California resident, you elect to waive California Civil Code Section 1542. If you are a resident of another jurisdiction you waive any comparable statute.
Guarantee of Service
We cannot guarantee that our Website or Services will be continuous or uninterrupted. Operation of the Website may be interfered by any numerous factors outside of our control.
Oh Frock makes no warranty that you will be able to sell or purchase any items through our Service or that our service will meet your needs. We cannot guarantee the quality of any goods, services, information, or other material purchased or obtained by you through our Service will meet your expectations.
THE USE OF OUR SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED “AS IS”. OH FROCK EXPRESSELY DISCLAIMS ALL WARRANTIES OF ANY KIND, IMPLIED OR STATUTORY.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU MAY HAVE AGAINST OH FROCK OR THAT OH FROCK MAY HAVE AGAINST YOU ARE HANDLED AND RESOLVED.
*AGREEMENT TO ARBITRATE
THIS SECTION IS DESIGNATED AS A WRITTEN AGREEMENT TO ARIBITRATE SHALL A CONFLICT ARISE AND PURSUANT TO “THE FEDERAL ARBITRATION ACT”.
You and Oh Frock (Outfitflip LLC) agree that any and all disputes or claims arising or that may arise between said parties, and or related to our Terms of Service, Our Services, advertising, any data or information provided to Oh Frock or that Oh Frock may gather, or any transaction performed on our Website or mobile application, shall be resolved exclusively through final and binding arbitration, rather then a court. You agree that by entering into these TERMS OF SERVICE, you and Oh Frock are waiving the rights to a trial by jury or to participate in a class action. This Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.
Oh Frock will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, or disagreement you may have shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement.
Unless Oh Frock and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for Oh Frock (Outfitflip LLC) with due consideration of your ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, determination shall be made by AAA. If your claim is for $10,000 or less, Oh Frock agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the AAA Rules will determine the right to a hearing. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Cost of Arbitration
The cost, including but not limited to filing, administration, and arbitrator fees will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement.
You further agree that:
- (a) Single Arbitrator. The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and Oh Frock (Outfitflip LLC) (the “Arbitrator”); (d) Governing Law. The Arbitrator (i) shall apply internal laws of the State of Georgia consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Georgia or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;
- (e) No Class Relief. The Arbitration can resolve only your and/or Oh Frock (Outfitflip LLC) individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;
- (f) Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;
- (h) Reasonable Attorney’s Fees. In the event you recover an Award greater than Oh Frock’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Oh Frock’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Oh Frock shall in all events bear its own attorneys’ fees; and
- (i) Interpretation and Enforcement of Arbitration Clause. With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Oh Frock shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction.
- (j) Modification of Arbitration Clause With Notice. Oh Frock may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Oh Frock has given notice of such modifications and only on a prospective basis for claims arising from Oh Frock Transactions and Relationships occurring after the effective date of such notification.
The terms of Service on our Website and mobile application constitute an agreement between you and Oh Frock (Outfitflip LLC) with respect to our Service. You may be subject to additional terms and conditions that may apply by the use of affiliated Third-party services, software, and content. The laws of the State of Georgia shall govern these Terms of Service. In the case of any dispute or claim that is not subject to arbitration and set forth above, you and Oh Frock agree to submit to the personal and exclusive jurisdiction of the state and federal court located within Cobb County, Georgia. The failure of Oh Frock to exercise or enforce any rights or provisions of these Terms of Service shall not constitute wavier of such rights or provisions. The Terms of Service shall remain in full force and effect You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you will be made via email. Our Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on our Service home page.
Notice for California Users
Under California Civil Code Section 1789.3, users of the Service from California are 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., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.