Thank you for joining Takai By Angela, LLC ("Takai By Angela"). This agreement governs your use of this website ("Site"). If you are not satisfied with the terms contained herein ("Agreement"), you may simply refrain from using this Site or cancel your account without obligation.
The following terminology applies to these Terms and Conditions: "We", "us" and "our" refer to Takai By Angela. "User," "you" and "your" refers to you, the client, member or site visitor. "Terms" refers to these Terms and Conditions. "Content" refers to the text, abstracts, metadata, software, scripts, graphics, logos, files, images, photos, sounds, music, videos, interactive features, information, documents and the like.
By using the Takai By Angela website, you are deemed to have read and accepted the following Terms and agree to comply with and be bound by all applicable laws and regulations, including United States export and re-export control laws and regulations.
It is your responsibility to review these Terms periodically. If at any time you find these Terms unacceptable or if you do not agree to these Terms, please do not use this Site. We may revise these Terms at any time without notice to you. If you have any questions about these Terms, please contact our Customer Service Department.
You agree that by using the site and registering for an account you are at least 18 years of age, or visiting the site under the supervision of a parent or guardian, and you are legally able to enter into a contract.
Subject to the Terms, Takai By Angela hereby grants you a limited, nonexclusive, revocable, non-transferable and non-sublicensable right to access, display, and view the Site and the Content for personal, non-commercial use. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through this Site.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of its Content unless expressly permitted by Takai By Angela in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Takai By Angela in advance and in writing. Takai By Angela reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if Takai By Angela believes that client conduct violates applicable law or is harmful to Takai By Angela's interests.
Takai By Angela may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the Terms, and Takai By Angela has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including without limitation financial obligations) incurred through such access or use.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Takai By Angela of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
The Site may permit the upload, submission, and distribution of texts, images, material, information, and communications by you and other users ("User Submissions"). You understand that whether or not such User Submissions are published, Takai By Angela does not guarantee any confidentiality with respect to any such submissions.
By submitting the User Submission(s) to this Site, or displaying, publishing, or otherwise posting any content on or through the Site, you hereby grant Takai By Angela a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submission(s) in connection with the Site and Takai By Angela's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access the User Submission(s) through the Site, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site. For clarity, the foregoing license grant to Takai By Angela does not affect your other ownership or license rights in your User Submission(s).
You shall not upload, submit, distribute, or otherwise publish through this Site any texts, images, communications, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
You shall not submit any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor the Site or any portion of the Content.
Content provided on this site is solely for informational purposes. User Submissions or opinions expressed on this Site are that of the individual expressing such User Submission or opinion and may not reflect the opinions of Takai By Angela. Product representations expressed on this Site are not made by Takai By Angela.
You shall be responsible for your User Submissions and the consequences of posting or publishing them. You agree that Takai By Angela has no liability with respect to any User Submissions, including, without limitation, your own User Submissions. You hereby release Takai By Angela and its officers, directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
Takai By Angela reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. Takai By Angela also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, Takai By Angela assumes no responsibility for monitoring the Site for inappropriate content, or modifying or removing such content from the Site.
This Site is owned and operated by Takai By Angela. All right, title and interest in and to the Content provided on this Site are owned either by Takai By Angela or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Takai By Angela, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Takai By Angela's intellectual property rights, whether by estoppel, implication or otherwise. You must contact our Customer Service Department if you have any questions about obtaining such licenses. Takai By Angela does not sell, license, lease or otherwise provide any of the Content other than those specifically identified as being provided by Takai By Angela. Any rights not expressly granted herein are reserved by Takai By Angela.
As a registered client of Takai By Angela, you'll be able to choose from a customized selection of shoes that fits your look and style. You may cancel your account at any time.
As a customer of Takai By Angela, you agree to receive emails, newsletters and other communications announcing our monthly newsletter or assignments, and promoting any special offer(s), including third-party offers.
If you receive an unwanted purchase, or if your purchase is not completely to your liking, you may return it at our expense and we will credit your account. Simply initiate your return online, print your pre-paid shipping label, and drop your package off at the shipping provider location. Please be sure to include your packing slip when returning any product. You will receive full store credit to your account, which may be used in accordance with our Credit Policy. To request a refund, please contact our Customer Service Department. All refunds are subject to our Refund Policy. Please note that orders delivered to Alaska, Hawaii, US territories, APO/FPO addresses and Canada do not qualify for free return shipping.
Takai By Angela DOES NOT save or store your credit card information. We accept the following credit cards at this time: American Express, VISA, MasterCard and Discover Card.
Takai By Angela store credit can be redeemed on all purchases except for gift cards, and can be applied to shipping, processing fees, and taxes. Unused credit may be forfeited if you choose to cancel your Takai By Angela account. Takai By Angela reserves the right to change these terms and conditions at our discretion.
Shipping, return and exchange of any merchandise ordered through the Site or in connection with your account are subject to the Takai By Angela Shipping, Return and Exchange Policies. All items returned for a refund are subject to a $5.95 restocking fee, to be deducted from the amount refunded to the card used for purchase.
Replacement of products and store credit to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your account.
We may terminate your Membership at our discretion without notice. Takai By Angela's failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of Takai By Angela's rights.
You can choose to cancel your membership or opt out of the Program at any time by calling Takai By Angela Customer Service during normal business hours.
This Agreement is between you and Takai By Angela, LLC. Communications may be directed to: Takai By Angela, 3636 N. MacArthur Blvd. Suite 100, Irving, TX 75062; using our contact page; (469) 358-4280. The laws of the state of Texas govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between you and Takai By Angela that arises out of or relates to this Agreement shall be resolved by binding arbitration pursuant to the Standard Terms. You hereby agree to waive any right to trial by jury in any dispute. All capitalized terms not defined herein shall have the same meaning as in the Standard Terms.
The risk of loss and title for items purchased by you pass to you upon Takai By Angela's delivery of the items to the carrier pursuant to the Takai By Angela Shipping Policy.
You may be charged local sales tax, if applicable.
This Site may be accessed from countries other than the United States. At this time, the primary focus of products and services on this Site is for residents within the continental United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Takai By Angela is committed to resolving all disputes in a fair, effective, and cost-efficient manner. Accordingly, our Terms and Conditions (the "Terms") provide that disputes will be resolved in binding arbitration or small claims court. Takai By Angela's arbitration provision, which is set forth below, has been designed to make arbitration as convenient and inexpensive for our customers as possible. Among other things, it specifies that Takai By Angela will bear all costs of arbitration (unless a customer's claims exceed $75,000 or an arbitrator determines that the claims are frivolous), and that, under certain circumstances (explained in the arbitration provision), Takai By Angela will pay a premium if a customer receives an arbitration award greater than the value of Takai By Angela's settlement offer, and will pay the customer's reasonable attorney's fees. As part of Takai By Angela's commitment to a fair, effective, and cost-efficient resolution of all disputes, Takai By Angela has made its current arbitration provision available to all current and former customers. Takai By Angela will abide by the terms of its current arbitration provision in all instances. Customers whose Terms include arbitration provisions that differ from the current arbitration provision may arbitrate pursuant to the terms of either arbitration provision at their discretion. Similarly, former customers whose Terms did not include an arbitration provision may arbitrate their disputes under the current arbitration provision.
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at +1(469) 358-4280. In the unlikely event that Takai By Angela's Customer Service Department is unable to resolve your complaint to your satisfaction (or if Takai By Angela has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. For any non-frivolous claim that does not exceed $75,000, Takai By Angela will pay all costs of the arbitration. Moreover, in arbitration you may recover attorney's fees from Takai By Angela to the same extent or more as you would in court. Under certain circumstances (as explained below), Takai By Angela will pay you more than the amount of the arbitrator's award and will pay your attorney (if any) his or her reasonable attorney's fees if the arbitrator awards you an amount greater than what Takai By Angela offered you to settle the dispute.
(a) Takai By Angela and you agree to arbitrate all disputes and claims between us before a single arbitrator. The types of disputes and claims we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to:
For the purposes of this Arbitration Agreement, references to "Takai By Angela "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or products under these Terms or any prior agreements between us.
Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude your bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Takai By Angela are each waiving the right to a trial by jury or to participate in a class action. These Terms evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms.
(b) A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Takai By Angela should be addressed to: "Attn: Notice of Dispute", Takai By Angela, LLC, 3636 N. MacArthur Blvd. Suite 100, Irving, TX 75062 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Takai By Angela and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Takai By Angela may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Takai By Angela or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Takai By Angela is entitled.
(c) After Takai By Angela receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than $75,000. (Currently, the filing fee is $125 for claims under $10,000, but this is subject to change by the arbitration provider. If you are unable to pay this fee, Takai By Angela will pay it directly after receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, the "AAA Rules") of the American Arbitration Association (the "AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by these Terms. Unless Takai By Angela and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your contact address. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, by a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If you choose to proceed either in person or by telephone, we may choose to respond only by telephone or submission. If your claim exceeds $10,000, the AAA Rules will determine whether you have a 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 of fact and conclusions of law on which the award is based. The parties agree that any awards or findings of fact or conclusions of law made in an arbitration of their dispute or claim are made only for the purposes of that arbitration, and may not be used by any other person or entity in any later arbitration of any dispute or claim involving Takai By Angela. The parties agree that in any arbitration of a dispute or claim, neither party will rely for preclusive effect on any award or finding of fact or conclusion of law made in any other arbitration of any dispute or claim to which Takai By Angela was a party. Except as otherwise provided for herein, Takai By Angela will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse Takai By Angela for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules. An award may be entered against a party who fails to appear at a duly noticed hearing.
(d) If, after finding in your favor in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of Takai By Angela's last written settlement offer made before an arbitrator was selected, then Takai By Angela will:
If Takai By Angela did not make a written offer to settle the dispute before an arbitrator was selected, you and your attorney will be entitled to receive the alternative payment and the attorney's fees, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the attorney's fees at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
(e) The right to attorney's fees and expenses discussed in paragraph (d) supplements any right to attorney's fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of attorney's fees or costs. Although under some laws Takai By Angela may have a right to an award of attorney's fees and expenses if it prevails in an arbitration, Takai By Angela will not seek such an award.
(f) The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND Takai By Angela AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. The arbitrator shall not have the power to commit errors of law or legal reasoning, and the parties agree that any injunctive award may be vacated or corrected on appeal by either party to a court of competent jurisdiction for any such error. Each party will bear its own costs and fees on any such appeal. The arbitrator shall not award relief in excess of what these Terms provide or award punitive damages or any other damages not measured by actual damages. Further, unless both you and Takai By Angela agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific proviso is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
(g) All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential, other than as part of an appeal to a court of competent jurisdiction.
Except as otherwise provided in the standard terms of sale that govern the sale of each product on this site, the products offered for sale on it and the transactions conducted through it are provided by Takai By Angela on an "AS IS" basis. Takai By Angela makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site except as provided herein. To the full extent permissible by applicable law, Takai By Angela disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy and system integration. This site may include inaccuracies, mistakes or typographical errors. Takai By Angela does not warrant that the content will be uninterrupted or error free.
To the maximum extent permitted by law, Takai By Angela will not be liable for any damages of any kind arising from the use of this site, including, but not limited to indirect, incidental, punitive, exemplary, special or consequential damages. to the maximum extent permitted by applicable law Takai By Angela's total liability to you for any damages (regardless of the foundation for the action) shall not exceed in the aggregate the amount of fees actually paid by you to Takai By Angela during the month immediately preceding the act allegedly giving rise to Takai By Angela's liability.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Takai By Angela shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Takai By Angela shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Takai By Angela shall immediately issue a credit to your credit card account in the amount of the charge.
All Site design, text, graphics, the selection and arrangement thereof, are Copyright © 2014, Takai By Angela. ALL RIGHTS RESERVED. Takai By Angela respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Customer Service Department.
Takai By Angela, the dark bold, boxed T (with 3 stripes on top) logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Takai By Angela. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
You agree that Takai By Angela's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Takai By Angela shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Takai By Angela may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Takai By Angela shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Takai By Angela of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Site may contain links to websites controlled by parties other than Takai By Angela (each a "Third-Party Site"). Takai By Angela may work with certain partners and affiliates whose sites are linked with Takai By Angela. Takai By Angela is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any web site accessed from a Third Party Site or any changes or updates to such sites. Takai By Angela makes no guarantees about the content or quality of the products or services provided by such sites. Takai By Angela is not responsible for webcasting or any other form of transmission received from any Third Party Site. Takai By Angela is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Takai By Angela of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Takai By Angela is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
By continuing your account, you accept and agree to the terms of this Agreement and any changes made by us to it. If you do not wish to be bound by this Agreement, please see above for how to cancel your account. Your edits or changes to either the online or offline versions of this Agreement or an account offer will not be effective, regardless of form.
Updated April 21, 2014
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