EVINE Live Inc. ("Evine") Terms of Use

Effective September 4, 2018

These Terms of Use apply to Evine’s: website ("evine.com"), mobile and other applications, mobile services, telephone ordering and interactive voice response services, email address and accounts, and other websites and services where these Evine Terms of Use are posted (collectively, the “Services”).

BY ACCESSING AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE—WHICH INCLUDE AN ARBITRATION AGREEMENT—AND CONFIRM YOUR UNCONDITIONAL ACCEPTANCE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE OR ACCESS THE SERVICES.

ORDERS, RISK OF LOSS, AND RETURNS. Evine accepts orders from the 50 United States (inclusive of domestic military bases) and the District of Columbia only. Evine likewise ships products to the 50 United States (inclusive of domestic military bases) and the District of Columbia only. Evine will add shipping and handling fees and applicable sales/use tax. Evine reserves the right without prior notice to discontinue or change specifications and prices on products, services and other offerings (collectively, "Merchandise") offered through the Evine Services. Merchandise displayed through the Evine Services is available while supplies last. Descriptions of, or references to, Merchandise through the Evine Services do not imply endorsement of that Merchandise, or constitute a warranty, by Evine. All purchases are made pursuant to a shipment contract. As a result, risk of loss and title for Merchandise purchased pass to you upon delivery of the Merchandise to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. At our discretion, a refund may be issued without requiring a return or in advance of receiving returned Merchandise. In this situation, Evine never takes title to the refunded Merchandise. Learn more about returning Merchandise or the Square Trade Protection Plan sold by Evine on evine.com.

CORRECTION OF ERRORS AND INACCURACIES. The information provided through the Evine Services may contain typographical errors or inaccuracies and may not be complete or current. Evine reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to Merchandise description, pricing and availability. Evine reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Evine. Evine reserves the right to limit the order quantity on any Merchandise. In the event that Merchandise is listed at an incorrect price due to supplier pricing information or typographical error, Evine shall have the right to refuse or cancel orders placed for the Merchandise listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If the incorrect price or typographical error is discovered after the Merchandise has shipped, you acknowledge that you will either refuse the delivery, return the Merchandise (at Evine's expense). If you refuse these options, you will be charged the Evine price of the Merchandise as it should have been for the Merchandise in question on the day of the sale, or you may have restrictions placed on your Evine account. If your credit card has already been charged for the purchase and your order is canceled, Evine shall promptly issue a credit to your credit card account in the amount of the incorrect price.

CONTENT. The text, images, photographs, graphics, logos, illustrations, descriptions, data, information, and other material provided through the Evine Services, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out of date. Evine may change, delete, or update any Content at any time and without prior notice.

USE OF THE CONTENT & SERVICES. Unless otherwise noted, the Content is protected by patents, copyrights, trademarks (including but not limited to service marks), and other proprietary rights that are owned by Evine or by third parties that have licensed their use to Evine. You may view and use the Content only for your personal information and for shopping and ordering through the Evine Services. Except as set forth above, Evine does not grant to you any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process, any of the Content. You may not in any way reproduce or publicly display, perform, distribute or otherwise use any of the Content for any public or commercial purpose, except for limited backup purposes where appropriate. You may not create any derivative work of the Content or decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of, the Content. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Services. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.

TERMINATION. Evine shall have the right without notice and at any time to terminate the Evine Services or any portion thereof (including but not limited to evine.com), or any Merchandise offered through the Evine Services, or to terminate any individual's right to access or use the Evine Services.

USER COMMENTS AND SUBMISSIONS. Evine Privacy Policy (posted at evine.com) is incorporated by reference into these Terms of Use. Except as otherwise expressly provided in the Privacy Policy, you hereby grant to Evine a non-exclusive, world-wide, royalty-free license to use, reproduce, disclose, publish and distribute any comments, reviews, feedback, notes, messages, ideas, suggestions or other communications, images, or other material (collectively, "Submissions") that you send to or post on the Evine Services (including but not limited to evine.com). Such license shall include all rights and interests in all copyrights and other intellectual property rights in the Submissions. Evine will be entitled to use, reproduce, modify (to creative derivative works), disclose, publish and distribute in whole or in part any Submissions that you submit for any purpose whatsoever, without restriction and without compensating you in any way. Do not send to or post on the Evine Services (including but not limited to evine.com) any Submissions which you do not wish to license to Evine.

You are strictly prohibited from sending to or posting through the Evine Services (including but not limited to evine.com), any Submission(s) that: (i) contain confidential or private information (including without limitation a person's financial or medical information or a company's trade secrets); (ii) are libelous, harassing, abusive, obscene, vulgar, sexually explicit, or that are offensive or discriminatory with respect to race, gender, sexuality, ethnicity or other intrinsic characteristics; (iii) are unrelated to Evine's Merchandise or Services; (iv) are false or misleading; or (v) infringe or otherwise misappropriate rights of third parties, including without limitation intellectual property rights protected under copyright, trademark, or patent law.

OTHER BUSINESSES. Parties other than Evine operate stores or sell lines of goods and services through the Evine Services. In addition, the Evine Services provide links to the websites of affiliated companies and certain other businesses. Evine is not responsible for examining or evaluating, and Evine does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Evine does not assume any responsibility or liability for the actions, goods, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. Links to other websites are provided for your convenience only, and you access them at your own risk.

YOUR ACCOUNT. You are responsible for maintaining the confidentiality of your Evine account and password information and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

DISCLAIMER AND LIMITATION AS TO USE OF THE EVINE SERVICES. THE EVINE SERVICES (INCLUDING BUT NOT LIMITED TO EVINE.COM) ARE OPERATED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMITTED BY LAW, EVINE AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE EVINE SERVICES AND THE CONTENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, EVINE AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT THE EVINE SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. UNDER NO CIRCUMSTANCES SHALL EVINE OR ITS AFFILIATES, OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE EVINE SERVICES, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR ANY OTHER TYPE OF DAMAGES. YOUR USE OF THE EVINE SERVICES IS AT YOUR SOLE RISK. APPLICABLE LAW, INCLUDING THE LAW IN NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

DISCLAIMER AND LIMITATION OF LIABILITY AS TO MERCHANDISE. If for any reason you are not entirely pleased with Merchandise you purchased from Evine using the Evine Services, simply return the Merchandise consistent with our return policy, posted at evine.com. If not returnable under our return policy, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many items of Merchandise are packaged with the manufacturer's warranty (if any) and service information detailing specific terms and conditions. Learn more about returning Merchandise on evine.com. PLEASE NOTE THAT CERTAIN ITEMS ARE SOLD “AS IS” OR “FINAL SALE” EXCEPT WHERE PROHIBITED BY LAW. ITEMS SOLD “AS IS” OR “FINAL SALE” CANNOT BE RETURNED OR EXCHANGED. WHEN APPLICABLE, THIS WILL BE SPECIFIED AT THE TIME OF SALE.

ALL MERCHANDISE SOLD BY EVINE IS SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, EVINE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY MERCHANDISE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, EVINE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO MERCHANDISE SOLD THROUGH THE EVINE SERVICES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL EVINE, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY MERCHANDISE SOLD THROUGH THE EVINE SERVICES. IN NO EVENT SHALL EVINE'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE MERCHANDISE THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW, INCLUDING THE LAW OF NEW JERSEY, MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

MOBILE SERVICES. The Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to receive and reply to messages from Evine ("text alerts"), and access certain other features (collectively, the "Mobile Services"). Although Evine does not charge you for these Mobile Services, your mobile carrier's normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions (if any) may be applicable to your use of the Mobile Services, and how much they will cost you.

By using the Mobile Services, you agree that Evine may communicate with you by auto-dialed SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Evine. Your consent to receive text messages and participation in Mobile Services is not a condition for your purchasing any Merchandise. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information to ensure that the messages Evine intends to send to you are not sent to another person who acquires your former mobile telephone number.

ARBITRATION AGREEMENT. INSTEAD OF SUING IN COURT, YOU AND EVINE EACH AGREE TO ARBITRATE DISPUTES ON A BILATERAL (INDIVIDUAL) BASIS. You and Evine agree that any dispute, controversy or claim between you and Evine which cannot be settled through the customer service department refunding your payments in full (if applicable) and which arises out of or relates to (i) these Terms of Use; (ii) any aspect of your relationship with Evine, including the Evine Services and\or your purchase or attempted purchase of Merchandise from Evine; (iii) any Content and\or Submissions; or (iv) Evine's marketing efforts, including complaints concerning unsolicited text messages, emails, push notifications, and telemarketing calls, irrespective of whether the dispute, controversy or claim arose after the termination of the relationship between you and Evine, the Services and\or the Mobile Services (collectively, "Claims"), shall be resolved by one arbitrator through binding arbitration. This agreement to arbitrate is intended to be broadly interpreted. It includes Claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights; provided, however, either you or Evine may bring an individual lawsuit in small claims court consistent with the jurisdictional and dollar limits that may apply. The arbitrator's decision and award are final and binding, with only those exceptions provided under the Federal Arbitration Act, 9 U.S.C. §§ 1, et seq. (“FAA”), and judgment on the award may be entered in any court with jurisdiction.

Class Action Waiver. Evine and you each agree that each and both of the Parties are waiving the right to a trial by jury and may bring Claims against the other party only in an individual capacity and not in a class action or representative or collective proceeding. All arbitrations under this Arbitration Agreement shall be conducted on an individual (and not a class-wide or collective) basis and an arbitrator shall have no authority to award class-wide or collective relief. You acknowledge and agree that these Terms of Use specifically prohibit you from commencing any legal proceedings as a representative of others or joining in any arbitration proceedings brought by any other person ("Class Action Waiver"). If a court decides that the limitations of this paragraph are invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.

Informal Dispute Resolution Requirement. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought. All notices to Evine shall be sent to the following address: Evine Live Inc., Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. All notices sent by Evine to you will be sent to the email and/or mailing address provided in your Evine Account. Upon receipt of such notice, the other Party shall have a sixty (60) day period in which it may satisfy the Claim against it by fully curing the Claim and/or providing all the relief requested in the notice, and/or entering into a settlement to resolve the Claim to the mutual satisfaction of the Parties. After the expiration of such sixty (60) day period, you or Evine may commence an arbitration proceeding. Both you and Evine agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

Right to Opt Out of this Arbitration Agreement. You may opt out of this Arbitration Agreement within the first 30 days after the earliest of the first time you (a) make a purchase from Evine; or (b) sign up for any program or service provided by Evine. You may also opt out of this Arbitration Agreement within 30 days after we provide notice of a material change to this Arbitration Agreement. (Please see These Terms of Use May Change, below.) You may opt out by sending an email to customercare@evine.com or by sending a letter to Evine Live Inc., Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. You should include your printed name, mailing address, and the words “Reject Arbitration.”

Arbitration Procedures. The arbitration of any Claim under this Agreement shall be referred to the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer-Related Disputes. These rules and procedures, including information on how to initiate arbitration, are available by calling the AAA or by visiting its website (www.adr.org). Unless you and Evine agree otherwise, including to conduct arbitration by telephone or videoconference, the arbitration of any Claim shall be conducted in the State in which you reside, and Evine will: (1) pay all costs of the arbitration; and (2) not seek attorney's fees in the event Evine prevails. Each party shall pay the fees and costs of its own counsel, experts and witnesses.

Governing Law and Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the FAA and other applicable federal law. To the extent state law applies to any aspect of this Arbitration Agreement, or to Claims that are covered by the Arbitration Agreement, the law of the State of Minnesota, will govern. Evine will provide notice of any material changes to this Arbitration Agreement. (Please see These Terms of Use May Change, below.) Except as set forth above regarding the Class Action Waiver provision, if a court decides that any portion of this Arbitration Agreement is invalid or unenforceable, such determination will not invalidate the remaining portions of the Arbitration Agreement. Only the arbitrator is authorized to make determinations as to the scope, validity, or enforceability of this Agreement, including whether any dispute falls within its scope. However, the parties agree that any issue concerning the validity of the class action/representative waiver above must be decided by a court, and an arbitrator does not have authority to consider the validity of the waiver.

COPYRIGHT VIOLATIONS – DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others, and we require that the people who use our Services do the same. We may terminate the privileges of users who are repeat infringers of intellectual property rights. If you are a copyright owner and believe that any content posted on the Services infringes upon your copyrights, you may submit written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) to our designated Copyright Agent by email at customercare@evine.com or by email to Evine Live Inc., Attn: Copyright Agent, Legal Department, 6740 Shady Oak Road, Eden Prairie, MN 55344. You should include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material; (4) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (5) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

TRADEMARKS AND PATENTS. Certain patents, copyrights, trademarks (including but not limited to service marks), trade names, and logos used or displayed on the Evine Services are registered and unregistered patents, copyrights, trademarks, trade names, and logos of Evine or its affiliates. Other patents, copyrights, trademarks, trade names, and logos used or displayed on the Services are the registered and unregistered patents, copyrights, trademarks, trade names, and logos of their respective owners, including the developers, or their respective affiliates. Any identification of trademarks or other proprietary rights of other parties shall be in accordance with Evine policy, and Evine acknowledges the rights of such third parties. Nothing contained on the Evine Services grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents, copyrights, trademarks, tradenames, or logos displayed on the Evine Services without the written permission of Evine or such other owner.

THESE TERMS OF USE MAY CHANGE. Evine shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms of Use or to impose new Terms of Use governing the Evine Services (including but not limited to evine.com). Such revisions and additions shall be effective immediately upon notice, which may be given by any means, including but not limited to posting the revised or additional Terms of Use on evine.com. You are responsible for reviewing evine.com periodically for any modification to these Terms of Use. Any access to or use of the Evine Services by you after notice of revisions or additions to these Terms of Use shall constitute and be deemed to be your agreement to such revisions or additions.

MISCELLANEOUS. By using the Evine Services (including but limited to evine.com), you represent and warrant that you are of legal age to form a binding contract with Evine. If you are under 13 years of age, you should not use the Evine Services. These Terms of Use constitute the entire agreement between you and Evine with respect to the subject matter hereof, and they supersede all previous written or oral agreements between the parties with respect to such subject matter.