Terms

ModCloth Terms of Use

Effective Date: August 4, 2025

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE MODCLOTH WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES INCORPORATED HEREIN BY REFERENCE.

Welcome to ModCloth.com, operated by Bicoastal Alliance, LLC ("ModCloth," "we," "us," or "our"). These Terms of Use ("Terms") govern your access to and use of ModCloth.com (the "Site") and any related services, features, content, applications, or products offered by ModCloth (collectively, the "Service").

If you do not agree to these Terms, you may not access or use the Site or Service. We recommend that you also review our Privacy Policy and Shipping & Returns Policy, which are an integral part of these Terms.

1. Acceptance of Terms

By using the Service, you confirm that you are at least 18 years old (or the legal age of majority in your jurisdiction) and capable of forming a binding contract. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

2. Changes to Terms and Service

We reserve the right, at our sole discretion, to modify or replace these Terms, or change, suspend, or discontinue any aspect of the Service (including, without limitation, the availability of any feature, database, or content) at any time.

We will notify you of any material changes by posting the updated Terms on the Site. It is your responsibility to review these Terms periodically for changes. Your continued use of the Service following the posting of any changes constitutes your acceptance of those changes.

3. License to Use ModCloth.com

ModCloth.com, including all its content such as text, images, graphics, logos, audio and video clips, digital downloads, software, and HTML used to generate the pages (collectively, "Content"), is our property or that of our suppliers or licensors. This Content is protected by patent, trademark, copyright, and/or other intellectual property laws in the United States and/or foreign countries.

ModCloth grants you a limited, non-exclusive, non-transferable, and revocable right to access, use, and display the Site and its Content for your personal, non-commercial use only, provided you comply fully with these Terms.

You agree not to:

  • Reproduce, copy, resell, manipulate, or exploit any part of the Site or Content for any commercial purpose.

  • Frame or mirror any part of the Site without our prior written authorization.

  • Create derivative works from, republish, upload, edit, post, transmit, or distribute any materials from the Site without our prior written permission.

  • Interfere or attempt to interfere with the operation of the Site in any way, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by these Terms.

4. Trademarks, Copyrights & Restrictions

The ModCloth logo, ModCloth.com, and associated designs, text, graphics, and code are the intellectual property of Bicoastal Alliance, LLC and its affiliates. Other trademarks, service marks, logos, images, or domain names used on the Site (including Third-Party Marks) are the property of their respective owners.

You agree not to challenge the respective ownership rights of Bicoastal Alliance, LLC or any third party in or to their respective Marks, and you will not register or attempt to register any trademark, service mark, logo, and/or domain name that is identical or confusingly similar to any of ModCloth's Marks or Third-Party Marks. Portions of this site are authorized to operate under license of U.S. Patent Nos. 5,528,490, 5,761,649, and 6,029,142.

5. Linked Sites

The Site may contain links to websites or resources owned and operated by third parties ("Linked Sites"). ModCloth is not necessarily affiliated with these Linked Sites and is not responsible for their content. Links from ModCloth.com to Linked Sites are provided for your convenience only, and you access them at your own risk.

Permission must be granted by us for any type of link to the Site. To seek our permission, please write to us at the address provided in the "How to Contact Us" section. We reserve the right, in our discretion, to deny any request or rescind any permission granted by us to link to the Site, and to require termination of any such link, at any time.

6. Non-United States Residents

ModCloth makes no representation that the Site, including merchandise offered for sale and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America or Canada. Those who choose to access the Site from locations outside of the U.S. or Canada do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

7. Rules and Limits on Use of the Site & Specific Prohibited Uses

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend, or discontinue any aspect of the Site, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials, features, and/or hours of availability. We will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

The Site may be used only for lawful purposes by individuals using authorized services of ModCloth. You are responsible for your own communications, including the upload, transmission, and posting of information, and are responsible for the consequences of their posting on or through the Site. ModCloth specifically prohibits any use of the Site, and requires all users to agree not to use the Site in violation of these Terms, ModCloth's Customer Ratings and Reviews Terms and Conditions, and/or Reviews Guidelines, or for any of the following:

  • Impersonating another person.

  • Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of US export control laws.

  • Attempting to interfere in any way with the Site's or ModCloth's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system.

8. Security Rules

Violations of system or network security may result in civil or criminal liability. ModCloth will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

  • Accessing data not intended for such user or logging into a server or account which user is not authorized to access.

  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

  • Attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "mailbombing," or "crashing."

  • Sending unsolicited e-mail, including promotions and/or advertising of products or services.

  • Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

9. User Generated Content (UGC)

You accept sole responsibility for any material you may submit via the Site, including photos, messages, text, information, videos, user profiles (such as your name and user profile image or avatar), and any other content that you upload, share, publish, or display on or through the Site ("User Generated Content" or "UGC").

You may not upload to, post, transmit, distribute, or share UGC on this Site that you did not create or that you do not have permission to share. You may not post or upload to this Site any content that violates our Customer Ratings and Reviews Terms and Conditions or our Reviews Guidelines. You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use.

The UGC does not reflect our opinions or views, and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC.

You understand and agree that you grant ModCloth a royalty-free, transferable, non-exclusive license to use, distribute, and share the UGC for promotions and marketing purposes. You also understand and agree that we have the rights set forth in our Consumer Ratings and Reviews Terms and Conditions, but no obligation, to modify or remove Site Content or UGC. ModCloth is not reserving any rights that exceed its rights under the Consumer Review Fairness Act of 2016.

10. User Submissions & Social Media Content

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "User Submissions") to your social media accounts. By posting and uploading User Submissions that you have tagged with #ModCloth or other hashtags that ModCloth uses, you grant to Bicoastal Alliance, LLC, its wholly owned subsidiaries, third-party service providers who provide content management services, and its retail partners, if any (collectively, the "Licensed Parties"), a royalty-free, transferable, non-exclusive license to use your ModCloth-tagged User Submissions in any manner to be determined in the Licensed Parties' sole discretion. This includes, but is not limited to, use on their webpages, social media pages operated by ModCloth, and in other marketing, promotional, and advertising initiatives, in any media now or hereafter known.

The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, and/or combine with other materials, your User Submissions in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties a royalty-free, transferable, non-exclusive license to use your username, real name, image, likeness, caption, location, or other identifying information in connection with any use of your User Submissions.

You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor; and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party, any law, or ModCloth's Customer Ratings and Reviews Terms and Conditions or Review Guidelines. You hereby release, discharge, and agree to hold ModCloth, the Licensed Parties, and any person acting on ModCloth's or their behalf harmless from any liability related in any way to the Licensed Parties' use of your User Submissions. ModCloth is not reserving any rights that exceed its rights under the Consumer Review Fairness Act of 2016.

11. Disclaimer of Warranty

(A) USERS EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT THEIR SOLE RISK. NEITHER MODCLOTH, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSEES, IF ANY, WARRANT (1) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, (2) THAT ANY ERRORS WILL BE CORRECTED, (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SERVICE, (4) THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (5) THAT THE SITE, SOFTWARE, OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON.

(B) MODCLOTH.COM, THE SOFTWARE, AND OUR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

(C) The disclaimers of liability contained in this section apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action.

(D) In no event will ModCloth or any person or entity involved in creating, producing, or distributing the service be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use the service or out of the breach of any warranty.

(E) ModCloth neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement on the online service.

(F) ModCloth does not endorse, warrant, or guarantee any product or service offered by a third party through the service and will not be a party to or in any way monitor any transaction between any user and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, each user should use his or her best judgment and exercise caution where appropriate.

12. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MODCLOTH BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SOFTWARE, EVEN IF MODCLOTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL MODCLOTH'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING MODCLOTH.COM.

13. Indemnification

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from your breach of this agreement and/or your activities in connection with the site that violate ModCloth's Customer Ratings and Reviews Terms and Conditions or Review Guidelines.

14. Rules for Sweepstakes, Contests & Games

Any sweepstakes, contests, or games accessible through ModCloth.com are governed by specific rules. By entering such sweepstakes or contests or by participating in such games, you will become subject to those rules. We urge you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy, which discusses and governs (in addition to this Agreement and any specific rules associated with a particular promotion) any information you submit to ModCloth.com, including any information submitted in connection with such sweepstakes, contests, and games. ModCloth.com and the multimedia pieces are not intended for use by children under 15 years of age.

15. Taxes

U.S. Taxes

ModCloth honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. Except as otherwise noted below, we are required by law to charge tax where applicable. Orders that will be delivered to Alabama, Arizona, California, Colorado, Connecticut, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Missouri, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Rhode Island, Ohio, Pennsylvania, Puerto Rico, South Carolina, Tennessee, Texas, Utah, Virginia, Washington, and Wisconsin may be subject to such tax depending on their individual requirements.

Canada Taxes & Duty

Canada taxes and duty are calculated separately from shipping costs. If you are placing a Canadian order, your tax amount will include national taxes and provincial taxes determined by your location. Duty is tax imposed on imports by the Canadian Customs Authority. Duty rates vary based on the type of products you are importing and the country they came from or were made in. For your convenience, we calculate and collect duty from you in the checkout process and pay it to the Canadian Customs Authority on your behalf.

Your complete order total, including taxes and duty, will be displayed in U.S. dollars at checkout. You will be able to view and approve these charges before completing your order. Should you need to return an item, you will be refunded the tax and duty amount that you paid.

16. Ratings & Reviews

The goal of ratings and reviews on ModCloth.com is to help other clients make more informed buying decisions, based on your opinions and experiences. As a valued client, you are in the best position to provide a first-hand review of our products. We appreciate your time in sharing your thoughts and opinions.

Guidelines

  • Reviews are limited to 1,000 characters and require a rating selection to submit.

  • Your review must be based on your experience of owning the product. Please explain what you like or dislike about the product and why. Only review products you currently own or have owned recently.

  • Your review should be focused on the product: features, characteristics, and performance vs. any purchase or delivery experiences.

  • Focus on information you think would be helpful for others in their purchasing decisions.

  • Please ensure you comply completely with all the guidelines. ModCloth.com will not edit words or phrases, so any review containing any unacceptable content will not be approved for posting.

Restrictions

To write a review, you must:

  • Register to write a review.

  • Create a username upon submitting your first review (one time only).

  • Agree to be bound by ModCloth.com's Customer Ratings and Reviews Terms and Conditions and Reviews Guidelines.

  • Be at least 18 years of age or older.

We cannot publish reviews that contain:

  • The personal information or likeness of another person.

  • Libelous, harassing, abusive, obscene, vulgar, sexually explicit content, or content that is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic.

  • Content unrelated to the goods or services offered by or available on ModCloth.com.

  • Content that is clearly false or misleading.

  • Trade secrets or commercial or financial information obtained from a person and considered privileged or confidential.

  • Personnel and medical files and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

  • Records or information compiled for law enforcement purposes, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

  • Unlawful content.

  • Any computer viruses, worms, or other potentially damaging computer code, processes, programs, applications, or files.

Please also note that independent contractors and employees are not eligible to submit a review. If a review is submitted that contains any of the above, ModCloth.com reserves the right to:

  • Not publish the review.

  • Take any appropriate action if deemed necessary.

Your personal details will not be used or passed on to any third parties.

17. Social Responsibility

Commitment to Helping Combat Human Trafficking, Child or Involuntary Labor, and Worker Abuse

While ModCloth.com does not own any of its own manufacturing facilities, ModCloth believes it is very important to continually try to assess, understand, and, where needed and appropriate, positively affect the working conditions which exist for those people who work on ModCloth product. Part of our efforts in this regard are designed to help ensure that contract factories which work on ModCloth product are compliant with local labor laws and that we are doing our part to combat child labor, slavery, and human trafficking. Such efforts include, but are not limited to ModCloth vendor suppliers are asked to sign our purchase agreement (which includes acknowledgment of ModCloth's Vendor Business Ethics Policy and ModCloth's Vendor Manual), which (among other requirements) requires their compliance with all local labor laws, forbids the use of child and involuntary labor of any kind, forbids the use of physical or mental abuse, requires they are subject to our routine social compliance audits, and requires that their contracting facilities are also similarly bound to the above requirements.

If any social compliance audits required of our vendors' contract factories report a failure or a need for corrective action, ModCloth and its vendor follow up with the offending supplier to ensure that the problem has been remedied. If any such failure is not remedied, ModCloth will not work with the offending factory/supplier until remedied. Both ModCloth and its auditing contractor maintain updated records, and for a certain period of time, in order to help ensure the integrity of this process.

ModCloth also encourages its employees and management who have direct responsibility for supply chain management to obtain training on how to mitigate risk associated with human trafficking and slavery. Such training includes attending supply chain seminars and webinars offered by independent companies.

18. Data Privacy – Your Rights and Our Commitments

ModCloth is committed to protecting your privacy and handling your personal data in a transparent and lawful manner. This section summarizes our approach to data privacy, particularly concerning residents of California (under CCPA/CPRA) and the European Union/European Economic Area (under GDPR). For full details on how we collect, use, disclose, and protect your personal information, please review our comprehensive Privacy Policy.

18.1 Personal Information We Collect

We collect various types of personal information to provide and improve our Service. This may include:

  • Identifiers: Such as your name, email address, postal address, phone number, unique personal identifiers, online identifiers, IP address, and account name.

  • Commercial Information: Records of products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies.

  • Internet or Other Similar Network Activity: Browse history, search history, information on your interaction with our website, application, or advertisements.

  • Geolocation Data: Precise location data if you enable location services on your device or browser.

  • Inferences: Drawn from any of the above to create a profile reflecting your preferences, characteristics, and behavior.

  • Other information you provide directly to us, such as in customer service interactions, surveys, or reviews.

For a detailed list of categories of personal information collected and the sources from which it's obtained, please refer to our Privacy Policy.

18.2 How We Use Your Personal Information

We use the personal information we collect for various business and commercial purposes, including to:

  • Process your orders and fulfill your purchases.

  • Provide, operate, maintain, and improve our Site and Service.

  • Communicate with you about your account, orders, and products.

  • Send you marketing and promotional communications (with your consent where required).

  • Personalize your experience on our Site.

  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity.

  • Perform debugging to identify and repair errors.

  • Comply with legal obligations and enforce our Terms.

For a comprehensive explanation of our purposes for collecting and using your personal information, please consult our Privacy Policy.

18.3 Sharing Your Personal Information

We may share your personal information with third parties for business purposes, including:

  • Service Providers: Who assist us with functions like payment processing, shipping, data analysis, marketing, and customer service.

  • Affiliates: Within the HRLY Brand Holdings LLC family of companies.

  • Third Parties for Advertising and Marketing: Subject to your consent and opt-out rights where applicable.

We do not "sell" your personal information in the traditional sense. However, under the CCPA/CPRA, certain disclosures of personal information for cross-context behavioral advertising or other processing may be considered a "sale" or "sharing." For details on these practices and how to opt-out, please see your rights below and our Privacy Policy.

18.4 Your Data Privacy Rights (California Residents - CCPA/CPRA)

If you are a California resident, you have the following rights regarding your personal information, subject to certain exceptions:

  • Right to Know: You have the right to request that we disclose to you the categories and specific pieces of personal information we have collected about you, the categories of sources from which we collected the personal information, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the categories of personal information that we sold or shared and the categories of third parties to whom the personal information was sold or shared.

  • Right to Delete: You have the right to request the deletion of personal information that we have collected from you, subject to certain exceptions.

  • Right to Correct: You have the right to request the correction of inaccurate personal information that we maintain about you.

  • Right to Opt-Out of Sale/Sharing: You have the right to opt-out of the "sale" or "sharing" of your personal information. We provide a prominent "Do Not Sell or Share My Personal Information" link on our homepage and in our Privacy Policy to facilitate this right.

  • Right to Limit Use and Disclosure of Sensitive Personal Information: You have the right to direct us to limit the use and disclosure of your sensitive personal information to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.

  • Right to Non-Discrimination: We will not discriminate against you for exercising any of your CCPA/CPRA rights.

To exercise these rights, please visit our Privacy Policy or contact us using the methods described in the "How to Contact Us" section. We will verify your request using reasonable measures, which may include matching information you provide with information we have on file.

18.5 Your Data Privacy Rights (EU/EEA Residents - GDPR)

If you are located in the European Union or European Economic Area, you have the following rights concerning your personal data:

  • Right to Be Informed: You have the right to clear, transparent, and easily understandable information about how we use your personal data. This is provided in our Privacy Policy.

  • Right of Access: You have the right to request a copy of the personal data we hold about you.

  • Right to Rectification: You have the right to request that we correct any inaccurate or incomplete personal data we hold about you.

  • Right to Erasure ("Right to Be Forgotten"): You have the right to request the deletion of your personal data under certain circumstances (e.g., when the data is no longer necessary for the purposes for which it was collected).

  • Right to Restriction of Processing: You have the right to request that we restrict the processing of your personal data in certain situations (e.g., if you dispute the accuracy of the data).

  • Right to Data Portability: You have the right to receive the personal data you have provided to us in a structured, commonly used, and machine-readable format, and to transmit that data to another controller.

  • Right to Object: You have the right to object to the processing of your personal data for direct marketing purposes or when we process it based on our legitimate interests (unless we have compelling legitimate grounds that override your interests).

  • Rights in Relation to Automated Decision-Making and Profiling: You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.

  • Right to Withdraw Consent: Where we rely on your consent to process your personal data, you have the right to withdraw that consent at any time.

To exercise any of these rights, please refer to our Privacy Policy or contact us using the methods described in the "How to Contact Us" section. We will respond to your request within one month, though this period may be extended for complex requests. You also have the right to lodge a complaint with a supervisory authority, particularly in the Member State of your habitual residence, place of work, or place of the alleged infringement.

18.6 Data Retention

We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

18.7 Security

We implement reasonable technical and organizational measures designed to protect your personal information from unauthorized access, use, alteration, and disclosure. However, no data transmission over the Internet or electronic storage is 100% secure. Therefore, we cannot guarantee its absolute security.

19. Inaccuracy Disclaimer

From time to time, there may be information on ModCloth.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve 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). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your ModCloth.com purchase, please see our Returns policy.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law.

You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state and federal courts of Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. In no event shall you be entitled to injunctive or other equitable relief.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

21. Copyright Policy and Complaints (DMCA Notice)

ModCloth.com respects the intellectual property of others. If you believe that your work has been copied in any manner that constitutes copyright infringement or infringes on other intellectual property rights, please provide ModCloth.com's copyright agent the written information specified below (in accordance with the Digital Millennium Copyright Act):

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

  2. A description of the copyrighted work that you claim has been infringed upon.

  3. A description of where the material that you claim is infringing is located on the site.

  4. Your address, telephone number, and e-mail address.

  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

ModCloth.com's Copyright Agent for notice of claims of copyright infringement on ModCloth.com can be reached at:

Bicoastal Alliance, LLC

1031 S. Broadway, #350 LA, CA 90015

Please note that this is the exclusive procedure for notifying ModCloth.com and its affiliates and subsidiaries that your copyrighted material has been infringed.

22. Termination

You understand and agree that ModCloth may, in its sole discretion and at any time, terminate your password or account and immediately deactivate and/or delete any or all information about and concerning your account, including your registration information. You understand and agree that ModCloth may take any one or more of these actions without prior notice to you. You understand and agree that ModCloth shall not have any liability to you or any other person for any termination of your access to your account and/or the removal of information concerning your account. ModCloth is not reserving any rights that exceed its rights under the Consumer Review Fairness Act of 2016.

All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

23. Electronic Delivery, Notice Policy, and Your Consent

By using the Service, you consent to receive from ModCloth all communications including notices, agreements, legally required disclosures, or other information in connection with the Services (collectively, "Contract Notices") electronically. ModCloth may provide the electronic Contract Notices by posting them on the Site, or via email or regular mail, and/or using other reasonable methods. If you desire to withdraw your consent to receive Contract Notices electronically, you must discontinue your use of the Services.

By creating a ModCloth account, signing up for a newsletter, purchasing a product(s) on ModCloth.com (or any affiliated websites), and/or volunteering your email address anywhere on ModCloth.com (or any affiliated websites), you are consenting to receive email notifications and communications from ModCloth and employees of ModCloth.

You are also consenting to have your email shared with ModCloth's trusted services, as outlined in our Privacy Policy.

24. SMS Marketing

In addition to these Terms, you agree to our Messaging Terms and Messaging Privacy Policy.

25. How to Contact Us

If you would like to contact us for any reason, please write to us at:

Bicoastal Alliance, LLC

1031 S. Broadway, #350 LA, CA 90015

26. General Information

These Terms constitute the entire agreement between you and ModCloth.com and govern your use of the Site, superseding any prior agreements between you and ModCloth.com. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between ModCloth.com and you as a result of this Agreement or your use of the Site.

Any claim or cause of action you may have with respect to ModCloth.com or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of ModCloth.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without our express written consent.

The Terms inure to the benefit of ModCloth.com's successors, assigns, and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect.