Sailo Terms of Use

Terms of Service
Last modified on January 20, 2016.
These Terms of Service (this “Agreement”) govern your use of the mobile application (the “Sailo App”) provided by ClosetHop LLC (“ClosetHop” or “us”), the website and website domain name and any other linked pages, features, or content, or application services offered from time to time by ClosetHop in connection therewith (collectively, the "Website") and any services provided by ClosetHop (together with the Website and the Sailo App, the "Sailo Services"). Please read this agreement carefully before accessing or using the Sailo App or any other Sailo Services. Each time you access or use the Sailo Services, you agree to be bound by this Agreement. If you do not agree to be bound by this Agreement, you should not access or use the Sailo Services. In addition, certain elements of the Sailo Services may be subject to additional terms of use. In the event that any of the additional terms of use governing such elements conflict with this Agreement, the additional terms will control.
This Agreement applies to all users of the Sailo Services, including without limitation users who utilize the Sailo Services either as sellers or as buyers. Terms specific to sellers or buyers apply to users when utilizing the Sailo Services in such role. Terms of general applicability apply to all users.
If you have any questions or suggestions, please feel free to email us at hello@shopsailo.com.
Access to the Sailo Services
Basic Conditions. The Sailo Services are owned and operated by ClosetHop. The Sailo Services are provided solely for your own use, and not for the use or benefit of any third party. To use the Sailo Services, you must provide and maintain an Instagram account, as well as valid financial information to enable payment to be made and received, as appropriate. ClosetHop may change, suspend or discontinue all or any of the Sailo Services at any time. ClosetHop may also impose limits on certain features and services or restrict your access to parts or all of the Sailo Services without notice or liability. ClosetHop reserves the right, in its sole discretion, to modify this Agreement at any time by amending this Agreement in writing and providing notice through the Sailo Services. You shall be responsible for reviewing and becoming familiar with any such modifications. Your use of the Sailo Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.
Sailo Services as Venue. ClosetHop offers the Sailo Services as a venue to allow users to offer, sell and buy certain goods. ClosetHop is not directly involved in the transaction between buyers and sellers, and has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. ClosetHop does not pre-screen users or the content or information provided by users. ClosetHop cannot ensure that a buyer or seller will actually complete a transaction, and does not transfer legal ownership of items from the seller to the buyer.
Registration and Security. As a condition to using all or some aspects of the Sailo Services, you will be required to register with ClosetHop, using your Instagram user name. You may be required to either select a separate password or log in using Instagram’s single sign-on service. Users registering as sellers must also provide a current and valid email address, physical address, and payment information at the time of registration. You shall provide ClosetHop with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. ClosetHop reserves the right, in its sole discretion, to refuse to establish an account. You shall be responsible for maintaining the confidentiality of your password.
Persons Under 13; Your Right to Enter into a Contract. ClosetHop does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Sailo Services. If you are under 13, please do not attempt to register for the Sailo Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to ClosetHop or on the Sailo Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please email us at hello@shopsailo.com.
You represent and warrant to ClosetHop that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent's permission to do so; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Sailo Services and take full responsibility for the selection and use of and access to the Sailo Services. This Agreement is void where prohibited by law, and the right to access the Sailo Services is revoked in such jurisdictions.
Fees and Payment. Certain of the Sailo Services are currently free to use and certain of the Sailo Services require payment, as described in our Fee Schedule [Link]. ClosetHop reserves the right to require payment of fees for certain or all Sailo Services. You shall pay all applicable fees, as described within the Sailo Services, in connection with such Sailo Services selected by you. ClosetHop reserves the right to change its Fee Schedule and to institute new charges at any time, upon notice to you, which may be sent by email or posted within the Sailo Services. Your use of the Sailo Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.
Purchases and Sales
The following terms govern purchases and sales made through the Sailo Services.
Seller Policies. Sellers are strongly encouraged to establish and disclose within the Sailo Services account consistent and written policies for the sale of items through their Sailo Services account. These policies may include, for example, shipping, returns, payment and other sales policies. Sellers must create reasonable policies in good faith, must abide by such policies, and are responsible for enforcing their own policies. All seller policies must comply with this Agreement, ClosetHop’s policies for the Sailo Services generally, applicable law and fair business practices. ClosetHop reserves the right to request that a seller modify a seller policy.
Item Display by Seller. As a seller, all items you display through the Sailo Services must be for sale. You warrant that you and all aspects of the items you may display through the Sailo Services comply with the terms of this Agreement and any ClosetHop published policies. You also warrant that you may legally sell the item. You must accurately describe your items and all terms of sale in your Sailo Services account. You must accurately and completely describe in your Sailo Services account the item/items you have for sale, and only those items. You may not include in your Sailo Services account any content not directly relevant to the sale of the items you actually have for sale.
Sales through the Sailo Services. Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Sellers may not alter an item’s price after a sale for the purpose of avoiding ClosetHop processing fees, or otherwise avoid or attempt to avoid ClosetHop’s processing fees.
Ordering. When you as a buyer place an order through ClosetHop you are actually buying the item from a third party. Each third party seller has its own policies governing things such order cancellations, returns, shipping and other similar elements of a purchase. All purchases through ClosetHop's checkout system and the Sailo Services are governed by this Agreement and the terms and conditions of the sellers. Each seller shall have sole and complete discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
Shipping and Delivery. ClosetHop may or may not be able to provide you as the buyer with an estimate of when your order will be shipped and/or delivered. ClosetHop requires that sellers use their best efforts to ship within 5 business days of receiving an order. However, buyers should be aware that ClosetHop does not control third party seller shipping times or delivery methods. Sellers set the shipping costs and will make best efforts to make these costs reasonable. The shipping price will be added to the total cost of the item and displayed to the buyer before completion of checkout. Please read the emails you receive from ClosetHop for additional information regarding contacting the seller for additional information on the status of your order, shipping and delivery.
Cancellations and Returns. Each seller on ClosetHop has its own cancellation and return policies and each order will be governed by the terms and conditions of each seller, including but not limited to, whether returns are accepted and under what conditions, and whether you as a buyer are responsible for additional shipping costs associated with any returns.
Whether you as a buyer can cancel or return an order once you have made payment through ClosetHop will be governed entirely by the policies of the relevant seller.
You acknowledge and accept that ClosetHop has absolutely no control over whether you as a buyer will be permitted to cancel any order, return any item purchased, and you acknowledge and agree that only the seller is responsible with respect to returns.
Refunds. Each seller using the Sailo Services has its own refund policy and each order you make will be governed by the terms and conditions of each such seller, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full or partial refund or credit, or any other form of reimbursement. ClosetHop will issue refunds when directed by the relevant third-party seller. You acknowledge and accept that ClosetHop has no control over whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to the seller from which you ordered regarding refunds.
We will not attempt to resolve or mediate, or become involved in any way in claims between buyers and sellers. If you have a concern or question regarding a refund, please contact the seller directly.
Payments. ClosetHop uses a third-party payment processor (the “Payment Processor”) to enable buyers to pay for products purchased through the Sailo Services, and sellers to receive payment for products purchased through the Sailo Services. ClosetHop’s current Payment Processor is Stripe. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. The terms and conditions of the Payment Processor may be found at https://stripe.com/us/terms; the Payment Processor’s Privacy Policy may be found at https://stripe.com/us/privacy. ClosetHop is not responsible for errors made by the Payment Processor, or otherwise in connection with the processing of transactions. By choosing to purchase and sell goods through the Sailo Services, you agree to pay and receive payment through the Payment Processor. Please be aware that you are responsible for the payment of any tax(es) that may apply to the purchase and sale of the items that you purchase or sell. For each purchase, you grant ClosetHop the right to correct any errors or mistakes that are made regarding the purchase price of an order, even where ClosetHop has already received payment from you as a buyer or made payment to you as a seller. You agree that (i) each order through the Sailo Services is a purchase between the buyer and the seller, and not a transaction with ClosetHop; and (ii) ClosetHop is not a party to your payment transaction for such purchases and ClosetHop is not a buyer or a seller in connection with all such transactions.
Sellers agree that ClosetHop will instruct the Payment Processor to release payment to sellers approximately once each week for items that are (a) marked as “shipped” by the seller in ClosetHop’s seller portal and (b) for which ClosetHop has also received payment from the buyer. Payments to sellers will be made less any taxes imposed on the payment to seller, any fees owed to ClosetHop and the Payment Processor, any refunds or credits given to buyers, and any bad debt or transaction reversals or chargebacks associated with seller’s transactions.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION IN ORDER FOR YOUR PAYMENTS TO BE PROCESSED. YOU MUST PROMPTLY UPDATE AND MAINTAIN THE ACCURACY OF ALL INFORMATION TO ENABLE THE COMPLETION OF YOUR TRANSACTION (SUCH AS A CHANGE IN BILLING OR PAYMENT ADDRESS, BANK ACCOUNT INFORMATION, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR FORM OF PAYMENT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF A CREDIT OR DEBIT CARD, BANKING INFORMATION, OR YOUR PERSONAL INFORMATION.
Information ClosetHop Collects And Shares Regarding Purchases. In order for you to place an order when you are a buyer, you must provide with your payment card information, email address, shipping address and billing address. The Payment Processor, not ClosetHop, will maintain your payment card information, such as credit card information and bank account information.
In order to facilitate each order, ClosetHop may share buyer and seller contact information, and in particular, must share shipping information with each seller with which a buyer places an order through the Sailo Services. In some instances a seller may request a buyer’s email to help facilitate your purchase. When requested, we will provide a buyer’s email to the seller with which you have placed an order. We encourage you to review each seller’s terms and conditions and privacy policy to understand what each seller does with this information once transmitted by ClosetHop.
If you are a seller, you agree to use information provided by ClosetHop concerning buyers only to complete the sale of a product to each such buyer and to provide customer service to such buyer in connection with such sale. Without limiting the generality of the foregoing, sellers agree that they will not use any buyer information for marketing or promotion unless such buyer provides the information to the seller directly and specifically for such purpose.
ClosetHop also records and retains information concerning the purchase and sale of products through the Sailo Services.
ClosetHop will only share your personally identifiable information in accordance with ClosetHop's privacy policy in effect from time to time and located at http://www.shopsailo.com/privacy
Sailo Services Content, Use and General Terms
Limited License. The Sailo Services and the contents thereof are intended solely for the use of Sailo Services users and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Sailo Services (including, but not limited to text, graphics, articles, photographs, images, illustrations—also referred to in this Agreement as the "Content," and which includes User Submissions (as defined below)—are protected under the United States Copyright Act. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content, software or materials in the Sailo Services and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, create derivative works based on, perform, or in any way exploit, any of the Content, software, materials, or Sailo Services in whole or in part, or otherwise exploit other than as otherwise provided for in these Terms any Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right.
You may download or copy the Content (and other items displayed on the Sailo Services for download), provided that you maintain all copyright and other notices contained in such Content. If you link to the Website, ClosetHop may revoke your right to so link at any time, at ClosetHop's sole discretion.
In the course of using the Sailo Services, you and other users may provide information which may be used by ClosetHop in connection with the Sailo Services and which may be visible to certain other users. You understand that by posting information or content on the Sailo Services or otherwise providing content, materials or information to ClosetHop or in connection with the Sailo Services (collectively, "User Submissions"), ClosetHop hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicenseable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) in connection with the Sailo Services, and ClosetHop's (and its successors' and assigns') business, including without limitation for promoting and redistributing part or all of the Sailo Services (and derivative works thereof) in any media formats and through any media channels; however, ClosetHop will only share your personally identifiable information in accordance with ClosetHop's privacy policy in effect from time to time and located at http://www.shopsailo.com/privacy. You also hereby grant each user of the Sailo Services a non-exclusive license to access your User Submissions through the Sailo Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Sailo Services and under this Agreement. Furthermore, you understand that ClosetHop retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. For clarity, the foregoing license grant to ClosetHop does not affect your ownership of or right to grant additional licenses to the material in your User Submissions, unless otherwise agreed to by you in writing.
You understand that all information publicly posted or privately transmitted through the Sailo Services is the sole responsibility of the person from which such content originated and that ClosetHop will not be liable for any errors or omissions in any content. You understand that ClosetHop cannot guarantee the identity of any other users with whom you may interact in the course of using the Sailo Services. Additionally, ClosetHop cannot guarantee the authenticity of any data that users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Sailo Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Under no circumstances will ClosetHop be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Sailo Services.
Restrictions. You warrant, represent and agree that you will not contribute any Content or otherwise use the Sailo Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights (including, without limitation, copyright, trademark, patent rights, trade secrets and/or any moral rights where applicable), rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, degrading, intimidating, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) impersonates any person or entity, including without limitation any employee or representative of ClosetHop; (v) restricts or inhibits any other user from using and enjoying the Sailo Services or Content; (vi) relate to products that are sexual or pornographic in nature, alcoholic products, tobacco products or other products that are unlawful in any manner; or (vii) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program. ClosetHop reserves the right to remove any Content from the Sailo Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ClosetHop is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not ClosetHop, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Sailo Services, and you warrant that you possess all rights necessary to provide such Content to ClosetHop and to grant ClosetHop the rights to use such information in connection with the Sailo Services and as otherwise provided herein.
You are responsible for all of your activity in connection with the Sailo Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Sailo Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Sailo Services. Use of the Sailo Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run a mail list, listserv, any form of auto-responder, nor use the Sailo Services to send or route "spam", nor run any processes that otherwise interfere with the proper working of or place an unreasonable load on the Sailo Services infrastructure. Further, the use of manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any element of the Sailo Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Sailo Services.
Warranty Disclaimer. ClosetHop has no special relationship with or fiduciary duty to you. You acknowledge that ClosetHop has no control over, and no duty to take any action regarding: which users gain access to the Sailo Services; what Content you access via the Sailo Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release ClosetHop from all liability for you having acquired or not acquired Content through the Sailo Services. The Sailo Services may contain or direct you to websites or services containing information that some people may find offensive or inappropriate. ClosetHop makes no representations concerning any content contained in or accessed through the Sailo Services, and ClosetHop is not responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sailo Services. ClosetHop makes no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Sailo Services, or regarding suggestions or recommendations of services or products offered or purchased through the Sailo Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). PRODUCTS AND SERVICES PURCHASED (WHETHER OR NOT FOLLOWING SUCH RECOMMENDATIONS AND SUGGESTIONS) ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND FROM CLOSETHOP OR OTHERS UNLESS, WITH RESPECT TO OTHERS (ONLY), OTHERWISE MADE EXPRESSLY AND UNAMBIGUOUSLY IN WRITING BY A DESIGNATED THIRD PARTY FOR A SPECIFIC PRODUCT OR SERVICE. THE SERVICES, CONTENT, WEBSITE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, AND ANY SOFTWARE, ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SAILO SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Privacy Policy. For information regarding ClosetHop's treatment of personally identifiable information, please review ClosetHop's current Privacy Policy, located at http://www.shopsailo.com/privacy, which is hereby incorporated by reference. Your acceptance of this Agreement constitutes your acceptance and agreement to be bound by ClosetHop's Privacy Policy.
Indemnity. You will indemnify and hold ClosetHop, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party or any dispute between you and a third party due to or arising out of your access to the Sailo Services, use of the Sailo Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of Liability. Your interactions with organizations and/or individuals found on or through the Sailo Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that ClosetHop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ClosetHop is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release ClosetHop, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes. If you are a California resident, you shall and hereby do 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."
IN NO EVENT SHALL CLOSETHOP, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SAILO SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU FOR THE SAILO SERVICES DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF ANY SUBSTITUTE GOODS OR SAILO SERVICES; OR (IV) FOR ANY MATTER BEYOND CLOSETHOP'S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Third-party Websites. The Sailo Services may contain links to third party websites or services ("Third Party Services") that are not owned or controlled by ClosetHop, or the Sailo Services may be accessible by logging in through a Third Party Service, as described more fully in our Privacy Policy, located at http://www.shopsailo.com/privacy. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Sailo Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. ClosetHop has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, ClosetHop will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Sailo Services, you expressly relieve and hold harmless ClosetHop from any and all liability arising from your use of any Third Party Website.
Termination. This Agreement shall remain in full force and effect while you use the Sailo Services. You may terminate your use of the Sailo Services at any time. ClosetHop may terminate or suspend your access to the Sailo Services or your account at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your account. ClosetHop may also terminate or suspend any and all Sailo Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Sailo Services, access the Website, and any Content will immediately cease. All provisions of this Agreement that, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
Miscellaneous. The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder. ClosetHop shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ClosetHop's reasonable control. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with ClosetHop's prior written consent. ClosetHop may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ClosetHop in any respect whatsoever. Headings for each section have been included above for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
Governing Law; Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in the County of New York, State of New York in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York.
Copyright Dispute Policy
ClosetHop has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA (posted at http://www.copyright.gov/legislation/dmca.pdf). The address of ClosetHop's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this Section. It is ClosetHop's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Sailo Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Specific identification of the copyrighted works or materials being infringed;
Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ClosetHop is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, email address;
A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
A statement requesting that ClosetHop take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once proper bona fide infringement notification is received by the designated agent, it is ClosetHop's policy:
to remove or disable access to the infringing material;
to notify the content provider, or user that it has removed or disabled access to the material; and
that repeat offenders will have the infringing material removed from the system and that ClosetHop will terminate such content provider's or user's access to the Sailo Services.
Procedure to Supply a Counter-Notice. If the content provider or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or, pursuant to the law, the content provider or user, must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider or user;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
Content provider's or user's name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or, if the content provider's, member's or user's address is located outside the United States, for any judicial district in which ClosetHop is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, ClosetHop may send a copy of the counter-notice to the original complaining party informing that person that ClosetHop may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ClosetHop's discretion.
Please contact ClosetHop's Designated Agent to Receive Notification of Claimed Infringement at the following address:
Copyright Agent
ClosetHop LLC.
14 East 4th Street
Suite 807
New York, NY 10012
Email: hello@shopsailo.com

Contact
If you have any questions, complaints, or claims with respect to the Sailo Services, you may contact us at hello@shopsailo.com.