PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. PLEASE INDICATE YOUR ACCEPTANCE TO THESE TERMS IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED BY SWOON BRANDS LLC. INDICATING ACCEPTANCE ESTABLISHES A BINDING AND EXECUTED WRITTEN AGREEMENT BETWEEN YOU AND THE SITE. IF YOU DO NOT ACCEPT THESE TERMS, YOU CANNOT USE THE SERVICE.

BoutiqueDestash.com (the Site) is an online advertising space for boutique industry businesses in the United States to advertise products. By accessing or otherwise interacting with our servers, services, websites, social media content, or any associated content/postings (together, “BD”), you agree to these Terms and Conditions (“TC”) (last updated July 26, 2020). You acknowledge and agree BD is a private site owned and operated by Swoon Brands LLC. If you are accessing or using BD on behalf of a business, you represent and warrant to BD that you have authority to accept the TC on behalf of that business and that that business agrees to the TC. If you do not agree to the TC, you are not authorized to use BD. We may modify the TC at any time in our sole discretion. You are responsible for periodically checking for changes and are bound by them if you continue to use BD. Our Site Policies are fully incorporated into this TC, and you agree to them as well.

  1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms and Conditions of Use Agreement (Agreement) with respect to our site (the Site) and the services we provide (the Service). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
  2. License. If you agree to the TC and (1) are of sufficient age and capacity to use BD and be bound by the TC, or (2) use BD on behalf of a business, thereby binding that business to the TC, we grant you a limited, revocable, non-exclusive, non-assignable license to use BD in compliance with the TC; unlicensed use is unauthorized. You agree not to display, “frame,” make derivative works, distribute, license, or sell, content from BD, excluding postings you create. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, display, distribute, and make derivative works from content you post.
  3. Use. Unless licensed by us in a separate written or electronic agreement, you agree not to use or provide software (except general purpose web browsers and email clients) or services that interact or interoperate with BD, e.g. for downloading, uploading, creating/accessing/using an account, posting, flagging, emailing, searching, or mobile use. You agree not to copy/collect BD content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). Misleading, unsolicited, and/or unlawful postings/communications/accounts are prohibited, as is buying or selling accounts. You agree not to post content that is prohibited by any of BD’s policies or rules referenced above (“Prohibited Content”). You agree not to abuse BD’s flagging or reporting processes. You agree not to collect BD user information or interfere with BD. You agree we may moderate BD access/use in our sole discretion, e.g., by blocking, filtering, re-categorizing, re-ranking, deleting, delaying, holding, omitting, verifying, or terminating your access/license/account. You agree (1) not to bypass said moderation, (2) we are not liable for moderating or not moderating, and (3) nothing we say or do waives our right to moderate, or not. Unless licensed by us in a separate written or electronic agreement, you agree not to (i) rent, lease, sell, publish, distribute, license, sublicense, assign, transfer, or otherwise make available BD or our application programming interface (“API”), (ii) copy, adapt, create derivative works of, decompile, reverse engineer, translate, localize, port or modify the API, any website code, or any software used to provide BD, (iii) combine or integrate BD or the API with any software, technology, services, or materials not authorized by us, (iv) circumvent any functionality that controls access to or otherwise protects BD or the API, or (v) remove or alter any copyright, trademark or other proprietary rights notices. You agree not to use BD or the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law.
  4. Copyright. The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
  5. Deleting and Modification. We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, images, information or other content appearing on the Site, including this Agreement.
  6. Indemnification. You agree to indemnify, defend and hold us, our officers, our share holders, our partners, attorneys and employees harmless from any and all liability, loss, damages, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
  7. Cookies and Data. This Site uses cookies to improve your user experience. The cookies, or small pieces of data collected when you view the Site, are used for purposes such as determining whether you are logged in, whether you have an active shopping cart, and what type of device you are using. This data helps us deliver the appropriate site formatting and access permissions to you. You have the option to opt-out of using cookies when you visit the Site, but doing so may limit the content or formatting you are able to access.
  8. Registration. Any Site user age 18 and older may register an account. An account provides access to bookmark favorite business and product listings for easy reference at a later time. An account also permits the user to direct message the businesses that list product advertisements to ask questions. As a registered Site user, you agree to maintain accurate contact information in your user profile, to refrain from using avatar images that violate site policies, and to adhere to all Site policies with regard to direct messaging communication. 
  9. Product and Business Listings. Any registered user who operates a business in the boutique industry (apparel, shoes, jewelry, accessories, crafts, home decor, gifts, and any other category as indicated by the Site or Site policies) and is based in the United States may post advertisement listings on the Site. All advertisement listings must adhere to the TC and Site policies with regard to content and images. The advertising business is fully responsible for the content and images posted to the Site. The Site does not intervene in any sales transactions related to advertisements listed on the Site and does not guarantee product availability, pricing, payment, fulfillment, taxation, or any other aspects of listing products or services advertised by businesses.
  10. Business Verification. Advertising businesses that purchase a premium listing package have an option to request Site verification of their business information. To request verification, the business must include the requested information at the time the business listing is submitted to the Site. The Site will make a concerted effort using public records to verify the current registration and licensing status in the state indicated by the business. If the business can be verified as licensed and registered according to Site policies and public state records, the verified status will be designated on the business listing with a green checkmark icon. If a business cannot be verified by public records, the Site will not mark the business listing as verified. Verified status is not guaranteed with the purchase of a premium business listing, and no refunds or Site credit will be given in the circumstance that a business cannot be verified. The Site makes no guarantee that verified businesses are licensed for retail or wholesale transactions, or that they will remain licensed and registered businesses throughout the course of their use of the Site. The Site may revoke a business listing’s verified status at any time, including if public records indicate a change in business status or if the advertising business switches from the premium listing package to the free listing package. The Site further makes no representations of any kind to you regarding any advertising business.
  11. Reviews. Each business listing on the Site is subject to ratings and reviews submitted by other Site users. Each Site user may only review a business one time. Businesses do not have the ability to change or respond to ratings or reviews. The Site administrator will periodically read the content of reviews, but will not remove any statement that complies with the conduct policies as outlined in the Site polices. As a Site user, you agree to post accurate reviews of businesses you have interacted with in a transactional capacity. The Site does not process any sales transactions between businesses and cannot guarantee the accuracy of any submitted ratings or reviews. 
  12. Payment Provider. The Site facilitates payments for advertisement listing transactions by using an application programming interface (API) connection with PayPal, Inc. At checkout, the buyer is redirected to the PayPal website to log in and make payment. Advertiser payments are submitted directly to the Site’s PayPal account registered by Swoon Brands LLC. The Site does not process, monitor, or otherwise document any transactions between advertising businesses and Site users. Payment provider and payout terms and conditions are subject to change at any time. 
  13. Third-Party Website. All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
  14. Third-Party Products and Services. We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
  15. Submissions. All suggestions, ideas, notes, concepts and other information you may send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
  16. User Conduct. You are solely responsible for all descriptions, pictures of items, listings, information, data, text, software, music, sound, graphics, video, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “post”) or otherwise transmit via the Site, and for all items that you sell or purchase through listings posted on the Site. The following are examples of the kind of items, content and/or use that is illegal or prohibited by the Site. The Site reserves the right to investigate and take appropriate legal action against anyone who, in the Site’s sole discretion, violates this provision, including without limitation, removing the offending items or content from BD, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
    You agree to not use the Service to:
    – sell, post or otherwise transmit any item or content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to sell or transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) infringes any intellectual property or other proprietary rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (vii) in the sole judgment of Swoon Brands LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Swoon Brands LLC or its users to any harm or liability of any type;
    – impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    – solicit personal information from anyone under the age of 18;
    – harvest or collect email addresses or other contact information of other users from the  the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    – interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; or 
    – violate any applicable local, state, national or international law, or any regulations having the force of law; 
    – engage in any activities that violate the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. and its regulations at 47 C.F.R. § 64.1200; the Do-Not-Call Implementation Act, 15 U.S.C. § 6101 et seq.; or any similar consumer protection, anti-spam, data protection, or privacy legislation in any jurisdiction;
    – further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
    – obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Site.
  17. 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. SWOON BRANDS LLC EXPRESSLY DISCLAIMS 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. SWOON BRANDS LLC MAKES NO WARRANTY THAT (I) YOU WILL BE ABLE TO SELL OR PURCHASE ANY ITEMS THROUGH ADVERTISEMENTS ON THE SITE OR THAT THE SITE 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 SITE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ADVERTISEMENTS POSTED ON THE SITE WILL MEET YOUR EXPECTATIONS. 
  18. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWOON BRANDS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SWOON BRANDS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE (INCLUDING ANY INJURY OR OTHER BODILY HARM THAT MAY RESULT FROM YOUR USE OF THE SERVICE); (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT SHALL SWOON BRANDS LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT OF LISTING FEES THAT YOU HAVE PAID TO SWOON BRANDS LLC AS AN ADVERTISER IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (USD $100).  
    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.  
    IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.  
  19. Dispute Resolution by Binding Arbitration. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
    19a. Agreement to Arbitrate.This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Swoon Brands LLC, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Swoon Brands LLC are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    19b. Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
    19c. Pre-Arbitration Dispute Resolution. Swoon Brands LLC is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at admin@boutiquedestash.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Swoon Brands LLC should be sent to 25700 Interstate 45, Suite 4119, The Woodlands, TX 77386-1364. (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Swoon Brands LLC and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Swoon Brands LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Swoon Brands LLC or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Swoon Brands LLC is entitled.
    19d. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. 
    Unless Swoon Brands LLC and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Swoon Brands LLC agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
    19e. Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is USD $75,000 or less, at your request, Swoon Brands LLC will pay all Arbitration Fees. If the value of relief sought is more than USD $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Swoon Brands LLC will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Swoon Brands LLC will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
    19f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
    19g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
    19h. Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms of Service to the contrary, Swoon Brands LLC agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Services, you may reject any such change by sending Swoon Brands LLC written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Last revised July 26, 2020.

Boutique Destash