The Service provides an online marketplace where a user of the Service (“User(s)” can list and sell items(“Items”). Users who purchase Items are called “Buyers”, and Users who sell Items are called “Sellers”. For the purposes of the TNF Site, The North Face is the exclusive Seller, and You are a Buyer. “Brand Partners” are the companies with whom Archive partners to provide brand resale marketplaces. “Products” are those items that are offered for resale by Sellers through the Service, and The North Face may authorize vendors to list Products on the Site on their behalf.
In using the Service, Buyers enter into a sale with The North Face. Archive is not a party to such sale or purchase.
By placing an order for products through the TNF Site, you agree to be bound by and accept the Terms in effect at the time of such order. Other than as specifically provided in any separate written agreement between you and Archive, these Terms may NOT be altered, supplemented, or amended by the use of any other document(s), and all sales are expressly conditioned upon your agreement to these Terms.
You are responsible for maintaining the confidentiality of your password and account and will be fully responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of account security. Archive will not be liable for any loss or damage arising from your failure to comply with this Section.
- Third Party Material
The Service may contain links to other websites and/or other third-party content. These links are provided solely for your convenience; Archive does not undertake any obligation to review or monitor any third-party websites linked from or to the Service and does not make any representations or warranties with respect to such third-party websites. If you decide to access a linked third-party website, you do so at your own risk. Neither Archive nor The North Face shall not be responsible for any information, materials or services obtained on or from such other websites and will not be liable in any respect for any damages arising from your access of such websites. The inclusion of these links does not imply any endorsement, representation or warranty by Archive with respect to any such website or the content or services contained through such websites. You agree not to link any websites to the Service without the express prior written consent of Archive.
- Your Responsibilities
You are solely responsible for all information, descriptions, pictures, listings, data, text, music, videos, media, comments, or any other materials (“User Content”) that you upload, post, publish, transmit, or display (“Post”) via the Service. The following are examples of User Content, Postings, or Use of the Service that is illegal or prohibited by Archive. Archive may investigate, take legal action, or perform any other action it deems necessary or warranted in managing the Service, your Content, Posting, or Use, without limitation, including preservation of such information for investigative purposes.
You agree to not use the service to (1) provide any User Content, Postings, or otherwise that are unlawful, harmful, violent illegal, infringing on third party rights, objectionable, pornographic, libelous, invasive, encouraging money laundering, gambling or any other unlawful or unwarranted behavior. (2) violate any law, rule, or regulation, including any anti-spam, data privacy, or other restriction that may be applicable to Your use of the Service (3) create any derivative works or reviser engineer any part of the Service, or put unreasonable load on the Service infrastructure or disrupts the networks connected to the Service (4) promote any illegal activity or enterprise (5) stalk, harass, bully, impersonate or solicit information from anyone. (6) copy, scrape, harvest or use automated systems to collect contact information from the Service for use outside of those intended by this Terms of Service (7) to sell or transmit anything you don’t have a right to sell or transmit under law or existing relationship (8) pose a privacy or security risk (9) infringe on anyone’s intellectual property (10) spam any users with email, junk mail, fraud, schemes, or the like (11) transmit or upload viruses, worms, or interfere with the Service, or (12) take any action or inaction which Archive, in its sole judgment, believes is questionable or could cause harm or liability.
- Your Content
As Users of the Service, all information, including all User Content is intended to be shared with other Users.rs.
By posting User Content on or through the Service, you represent and warrant that:
- you own the User Content and have the right to use the User Content and the right to grant us the rights and license as provided in these Terms, and
- the posting of User Content on or through the Service does not violate the privacy rights, publicity rights, contract rights, intellectual property rights or any other rights of any person.
- the posting of User Content does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights, or rights of publicity or privacy, or violates any law or regulation.
- the User Content is not defamatory, constitutes trade libel or product disparagement, or is unlawfully threatening, harassing, or contains hate speech, is not obscene or contains pornography, or
- does not contain and false, inaccurate, or misleading statements or information
- does not contain any computer programming routines such as viruses, Trojan horses, time bombs, or other malicious code or programs that may damage or interfere with the operation of any system, or unlawfully intercept any data or personal information.
By posting or otherwise transmitting any User Content you hereby grant and will grant to Archive and The North Face and their affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, make derivative works of and otherwise use in any manner your User Content in connection with the operation of the Service or any other products or services of Archive, or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed (including without limitation publishing your User Content on the Internet, including without limitation social media platforms like Facebook, sharing it with blogs, etc., and allowing other Users to share listings that include your User Content).
We may refuse to accept or display User Content, and may remove or delete all or any portion of the User Content at any time. You understand that Archive and The North Face are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content, and that such User Content is not the responsibility of Archive or The North Face. We are not under any obligation to review any User Content posted by Users on the Service, although we reserve the right to do so with or without notice, to prevent or rectify any alleged violations of these Terms or any applicable law. We reserve all defenses made available to us by the Communications Decency Act and any other applicable laws, rules, or regulations.
Any and all User Content you upload is not considered confidential by Archive or The North Face, will be treated as public information, and you agree and understand is intended to be shared with other users of our Service as well as third parties, in our sole discretion, and Archive or The North Face has no control or liability over what other Users do with your User Content. You understand and agree that Archive or The North Face will not be liable for any treatment of your User Content as confidential and waive all rights with respect to any such claims of confidentiality.
- Comments, Feedbacks and Suggestions
You acknowledge that any comments, feedback, suggestions, ideas, pictures, video etc. (collectively,“Feedback”) disclosed, submitted or offered to Archive, shall remain the exclusive property of the Brand Partner and may be used by the Brand Partner in any medium and for any purpose without obtaining your specific consent. The Brand Partner is not under any obligation to maintain your name or Feedback in confidence or to pay to you any compensation for any Feedback submitted, or to respond to any of your Feedback. You agree that you will be solely responsible for the content of any Feedback you make.
- Intellectual Property Rights
Subject to your compliance with these Terms, you may access and use the Service on a computer, tablet device or mobile phone that you own or lawfully control. All materials contained on, in, or available through the Service, including all text, designs, trademarks, logos, audio clips, photographs, images, videos, graphics, data, information, source code, software compilations, and other materials, including the selection and arrangement thereof (“Content”) are protected by copyright, trademark, trade dress, patent and other intellectual property laws and may not be copied or imitated in whole or in part by you, unless as explicitly stated under these Terms. All copyrights, trademarks, service marks, trade dress, patent and other intellectual property rights, and all derivative works thereof inherent in or appurtenant to the Content, whether registered or not, are our sole property or the property of our third-party contributors and/or Brand Partners. The Content may also be protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws. Any use of the Service or the Content other than as specifically authorized herein is strictly prohibited.
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify or provide access, permissions or rights to work around any technical limitations in the Service. You may not copy (except as expressly permitted by these Terms) or publish the Service in whole or in part for others to copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, or modify, or create derivative works of the Service, or any updates, or part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Website, if any). Any attempt to do so is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages. You may not use the Service in any manner not specifically authorized hereunder or in any way that is against any applicable laws or regulations.
- User Transactions
- Parties of the Transaction. By placing an order for products through the Sites, you agree to be bound by and accept the terms and conditions in effect at the time of such order. Archive is not a party to the transaction.
- Warranty. The North Face Renewed products are warranted against manufacturing defects in materials and workmanship for one year. This warranty applies to all authentic The North Face Renewed products except any products purchased from an unauthorized dealer or seller. If your product covered by this warranty fails due to a manufacturing defect, your product will be replaced or you will receive a refund, at our discretion. Only original, unaltered and unmodified items and workmanship are covered. This warranty does not cover damage caused by accident, improper care, negligence, normal wear and tear, or the natural breakdown of colors and materials over extended time and use. For all Products purchased that are not covered by this warranty, you as a Buyer assume, agree, and understand you bear all of the risks in purchasing Products on the Service.
- Available Items. Archive only allows the sale of The North Face Renewed Products.
- Buyers. You are solely responsible for reading and reviewing the Product listing before making an offer or purchasing. The contract to purchase is between you (the Buyer) and the Seller, not Archive. As a Buyer, you are solely responsible for reading and reviewing the Product listing before making an offer or purchasing. You will make payments in accordance with Section 9.i).
- Purchases. Buyers may purchase Products from Seller, and this is considered a binding contract. Upon purchasing a Product, a Buyer is obligated to remit payment for the Product to Archive including any shipping or additional fees listed. Archive is not an auctioneer, nor is it a Seller or carrier. Service includes pricing, listing, and shipping assistance, but Archive is not a Buyer or Seller of Products. Archive may delay any Purchase for purposes of fraud detection or to protect users from other illegal or wrongful activities.
- Shipping. Our goal is to process all orders for in stock items within 1 business day. Standard shipping is typically via FedEx ground and you should allow 5-10 business days for standard delivery once an order has been shipped. We reserve the right to substitute another carrier of equal or lesser cost to deliver your order. A $5 shipping fee is added to all orders and are the responsibility of the Buyer. Shipping charges will be included on your invoice and can be viewed on a summary screen prior to finalizing your order. Title to Products passes to the Buyer upon shipment, and we and the Brand Partner are not responsible for any shipping delays or problems once the product has been shipped.
- Taxes. Purchased Products may be subject to applicable taxes in your jurisdiction, which Archive will collect from Buyers on behalf of Seller where obligated to do so, and in the event taxes are collected and Archive is legally obligated to do so, remit such taxes to applicable taxing authorities on behalf of Seller. Note that taxes are not included in the listed price for Products, but will be displayed before confirmation of purchase. Taxes are based on several factors, including price, location, and state, local, federal, or other applicable rates at time of purchase.
- Payments. Buyers may pay for Products using payment methods approved by Archive, and Archive will receive payment from Buyer on behalf of Seller. By submitting payment information to Archive you authorize Archive to store that information and with your confirmation, charge you for any Products purchased.
- Fee Modifications. We may change or discontinue, temporarily or permanently, some or all fees for the Service, and such changes will be effective upon our revision of these Terms. By continuing to use the Services after the changes have entered into force, you accept such changes.
- Shipping. Buyers are responsible for any shipping costs incurred with respect to their purchased Product
- Returns. If you’re unsatisfied with the products you purchased from The North Face Renewed, you can return your item(s) within 14 days of purchase by reporting the issue through the Service or by emailing [email protected] within fourteen (14) days after determined delivery of the Product based off tracking information. A prepaid mailer will be provided, and upon receipt of the item, your refund will be process. The original shipping charge noted in Section 9.g. will not be refunded.
- Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ARCHIVE AND THE NORTH FACE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER ARCHIVE NOR SELLER MAKES ANY WARRANTY THAT (I) YOU WILL BE ABLE TO PURCHASE ANY ITEMS THROUGH THE SERVICE OR THAT THE SERVICE WILL OTHERWISE MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
NEITHER ARCHIVE NOR SELLER MAKES ANY GUARANTEE REGARDING THE AUTHENTICITY, QUALITY, SAFETY, OR LEGALITY OF ANY ITEMS OFFERED OR SOLD, NOR THE TRUTH OR ACCURACY OF ANY LISTINGS, OR ABILITY OF BUYERS AND SELLERS TO TRANSACT ANY BUSINESS ON THE PLATFORM.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN THESE TERMS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitations on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL ARCHIVE OR THE NORTH FACE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE AND/OR PRODUCTS, WHETHER OR NOT ARCHIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILYINJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM (1) THE USE OR INABILITY TO USE THE SERVICE; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (3) ANY OTHER MATTER RELATED TO THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ARCHIVE OR THE NORTH FACE BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO ARCHIVE AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, OR, (2) ONE THOUSAND U.S. DOLLARS (USD $1,000).
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL ARCHIVE BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER AMOUNT OF (1) COMMISSIONS THAT YOU HAVE PAID TO ARCHIVE AS A SELLER IN THE SIX (6) MONTHS PRIOR TO THE ACCRUAL OF THE CLAIM, OR, (2) ONE THOUSAND U.S. DOLLARS (USD $1,000).
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.
Our Brand Partners, licensors, and service providers will have no liability of any kind under these Terms.
By using the Service, you agree to defend, indemnify and hold us, our affiliates, The North Face, Brand Partners, officers, members, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Service or Products, including without limitation the creation, placement or transmission of any message, information, software or other materials through the Service by you or related to any violation of these Terms by you (collectively, “Indemnified Matters”). We shall control the defense of any Indemnified Matters through counsel of our choice.
If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
- Dispute Resolution, Arbitration Agreement
Archive is always interested in resolving disputes amicably and efficiently. If you have any concerns or disputes, please email customer support at [email protected] You and Archive agree to attempt to resolve the dispute for a period of sixty (60) days, after which time any unresolved dispute shall be settled by binding and confidential arbitration as follows:
PLEASE READ THIS SECTION CAREFULLY.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Archive and/or The North Face on an individual basis in arbitration as set forth in this Section 13. This will preclude you from bringing any class, collective, or representative action against Archive or The North Face, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Archive or The North Face by someone else.
Any unresolved dispute shall be settled by binding and confidential arbitration, notice of which must be sent by you to Archive, per the Notice provision set forth herein, and describe the nature of the claim and relief sought. Such arbitration shall take place in the County of New York, State of New York unless otherwise agreed. If the claims involved total less than US$10,000, then will be conducted through document submission or telephonic hearing unless in person arbitration is legally required.
You acknowledge and agree that you and Archive are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Archive otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect. The parties agree that the arbitrator ("Arbitrator"), and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of these Terms, including any claim that all or any part of this Section is void or voidable. Notwithstanding any choice of law or other provision in the Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. ("FAA"), will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of New York.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. An Arbitrator’s decision shall be final and binding on all parties.
Notwithstanding the foregoing, Archive may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. In such event, you consent to the exclusive jurisdiction and venue of the federal and state courts located in the State of New York, New York County for any action arising out of or relating to these Terms.
- Suspension; Termination
We may terminate your access to the Service, without notice, for conduct we believe violates these Terms, our policies, is harmful to our business interests, or for an inactive account. We also reserve the right to suspend or cease providing the Service, with or without notice, and we shall have no liability or responsibility to you if we do so. This includes without limitation the right to refuse service, terminate accounts, remove or edit User Content and Content and/or cancel orders in our sole discretion. If your access to the Service is terminated, you will remain personally liable for any orders you placed or charges or other liabilities incurred by you prior to such termination.
You agree we will provide notices and messages to you within the Service, or if required, via email or regular mail. You may provide Archive notice and will be deemed provided once received by Archive. addressed via mail to the address noted in the Questions, Comments section below.
- U.S. Jurisdiction
The Service are controlled and operated by Archive from the United States and are not intended to subject Archive or its affiliates to the laws or jurisdiction of any state, country or territory other than that of the United States. Archive does not represent or warrant that the Website or Service or any part thereof are appropriate or available for use in any jurisdiction other than the United States.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions.
- Entire Agreement
You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. We may transfer, assign, sublicense or pledge in any manner whatsoever, any of our rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
- Amendment to Terms
We may update or amend these Terms from time to time. Amendments shall be effective upon posting on the Website. You are responsible for regularly reviewing these Terms. Your continued access and use of the Service following such posting constitutes your consent to be bound by any amended Terms.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is inoperative or unenforceable for any reason, such provision shall be enforced to the maximum extent permitted by law and the invalidity of such provision shall not affect the enforceability and validity of remaining provisions of the Terms. No independent contractor, partnership, joint venture or employer-employee relationship is intended or created.
No action, regardless of form, which arises from or is related in any way whatsoever to these Terms, may be commenced by you more than twelve (12) months after such cause of action accrues.
- Questions, Comments
Please contact us with any questions, comments, or to report a violation of this Agreement: [email protected]
- Users in California
Notwithstanding anything to the contrary in the rest of the Agreement, the following takes precedence with respect to Users in California: 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.