Terms of Service

Terms of Service

Effective Date: January 1, 2024

Welcome to Chloe's Curated Closet. These Terms of Service ("Terms") govern your access to and use of the SizeAndSoul.com website and all related services provided by Chloe's Curated Closet. By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

1. Acceptance of Terms

By creating an account, browsing our collections, making a purchase, or otherwise accessing any content or services offered through SizeAndSoul.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, as well as our Privacy Policy. These Terms constitute a legally binding agreement between you and Chloe's Curated Closet. If you are using our services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. Your continued use of SizeAndSoul.com after any changes indicates your acceptance of the updated Terms. We encourage you to review this page periodically to stay informed about any modifications.

2. Description of Service

Chloe's Curated Closet operates SizeAndSoul.com as an online platform dedicated to fashion, style curation, and clothing retail. Our services include but are not limited to: browsing curated fashion collections, purchasing clothing and accessories, accessing style guides and fashion content, receiving personalized recommendations, and participating in our community features.

We strive to provide accurate product descriptions, images, and pricing information on SizeAndSoul.com. However, we do not warrant that product descriptions, colors, images, pricing, or any other content on our website is accurate, complete, reliable, current, or error-free. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.

3. User Accounts and Responsibilities

To access certain features of Chloe's Curated Closet, you may be required to create an account on SizeAndSoul.com. When creating an account, you must provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Chloe's Curated Closet will not be liable for any loss or damage arising from your failure to comply with these security obligations. You may not use another person's account without permission, and you may not transfer or sell your account to any other person or entity.

You must be at least 18 years of age to create an account and make purchases on SizeAndSoul.com. By creating an account, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. Acceptable Use

When using SizeAndSoul.com and the services provided by Chloe's Curated Closet, you agree to use our platform only for lawful purposes and in accordance with these Terms. You specifically agree not to:

  • Use our services in any way that violates any applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of our services, or which may harm Chloe's Curated Closet or users of SizeAndSoul.com
  • Transmit or procure the sending of any advertising or promotional material without our prior written consent
  • Impersonate or attempt to impersonate Chloe's Curated Closet, our employees, another user, or any other person or entity
  • Use any automated system, including but not limited to "robots," "spiders," or "offline readers," to access our services in a manner that sends more request messages to our servers than a human could reasonably produce in the same period
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
  • Attempt to gain unauthorized access to any portion of SizeAndSoul.com, other accounts, computer systems, or networks connected to our services
  • Engage in any fraudulent activity, including providing false information or using stolen payment methods

Violation of these acceptable use provisions may result in immediate termination of your account and legal action as appropriate.

5. Intellectual Property Rights

All content available on SizeAndSoul.com, including but not limited to text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of Chloe's Curated Closet or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The compilation of all content on SizeAndSoul.com is the exclusive property of Chloe's Curated Closet and is protected by U.S. and international copyright laws. The "Chloe's Curated Closet" name, the SizeAndSoul.com domain, and all related names, logos, product and service names, designs, and slogans are trademarks of Chloe's Curated Closet or its affiliates. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable license to access and use SizeAndSoul.com for personal, non-commercial purposes only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as incidental to normal web browsing or as expressly permitted in these Terms.

6. User-Generated Content

SizeAndSoul.com may allow you to submit, post, or display reviews, comments, photos, feedback, or other content ("User Content"). By submitting User Content to Chloe's Curated Closet, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in any media.

You represent and warrant that you own or control all rights to the User Content you submit, that the User Content is accurate, that use of the User Content you supply does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify Chloe's Curated Closet for all claims resulting from User Content you supply.

We reserve the right, but not the obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion violates these Terms, is offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or infringes any party's intellectual property rights. You acknowledge that Chloe's Curated Closet does not pre-screen User Content and that we have no obligation to do so.

7. Product Purchases and Payments

When you make a purchase through SizeAndSoul.com, you agree to provide current, complete, and accurate purchase and account information for all transactions. You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

All prices displayed on Chloe's Curated Closet are in U.S. dollars unless otherwise stated and are subject to change without notice. We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in product or pricing information, or suspected fraudulent or unauthorized transactions. We strive to display accurate pricing, but typographical errors may occur, and we reserve the right to correct such errors and cancel orders based on incorrect pricing.

Payment must be received by us before your order is processed and shipped. By providing payment information to SizeAndSoul.com, you authorize us to charge the applicable fees to your designated payment method.

8. Shipping and Returns

Chloe's Curated Closet will make reasonable efforts to ship products in a timely manner, but we are not responsible for delays caused by shipping carriers, customs, weather, or other circumstances beyond our control. Risk of loss and title for items purchased from SizeAndSoul.com pass to you upon delivery to the carrier.

Our return and exchange policy is detailed separately on our website. Please review this policy carefully before making a purchase. By completing a purchase on SizeAndSoul.com, you acknowledge that you have read and agree to our return and exchange terms.

9. Disclaimers

YOUR USE OF SIZEANDSOUL.COM AND THE SERVICES PROVIDED BY CHLOE'S CURATED CLOSET IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Chloe's Curated Closet makes no warranty that our services will meet your requirements, be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that SizeAndSoul.com or the servers that make it available are free of viruses or other harmful components. We make no warranty regarding the quality of any products, services, information, or other material purchased or obtained through our services.

No advice or information, whether oral or written, obtained from Chloe's Curated Closet or through SizeAndSoul.com shall create any warranty not expressly stated in these Terms.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHLOE'S CURATED CLOSET, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use SizeAndSoul.com or our services
  • Any conduct or content of any third party on our services
  • Any content obtained from our services
  • Unauthorized access, use, or alteration of your transmissions or content

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL THE TOTAL LIABILITY OF CHLOE'S CURATED CLOSET TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to defend, indemnify, and hold harmless Chloe's Curated Closet, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Service
  • Your use of SizeAndSoul.com or our services, including but not limited to your User Content
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws, rules, or regulations

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

12. Termination

We may terminate or suspend your account and access to SizeAndSoul.com immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use our services will immediately cease, and any data associated with your account may be deleted.

You may terminate your account at any time by contacting us through the contact information provided on our website. However, certain provisions of these Terms, including but not limited to disclaimers, limitations of liability, indemnification, and dispute resolution, shall survive termination.

If we terminate your account for cause, you will not be entitled to any refund of unused subscription fees or other payments. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms of Service and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the state in which Chloe's Curated Closet is registered, without giving effect to any choice or conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction where Chloe's Curated Closet is registered, and you irrevocably consent to the personal jurisdiction and venue therein. You waive any objection to the exercise of jurisdiction over you by such courts and to venue in such courts.

You and Chloe's Curated Closet agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial.

14. Changes to Terms

Chloe's Curated Closet reserves the right to modify or replace these Terms of Service at any time at our sole discretion. We will provide notice of any material changes by posting the new Terms on SizeAndSoul.com and updating the "Effective Date" at the top of this page. We may also notify you via email or through a notice on our website.

Your continued use of our services after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using SizeAndSoul.com and our services. We encourage you to review these Terms periodically to stay informed about our practices and your obligations as a user.

It is your responsibility to check this page regularly for updates. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

15. Severability and Waiver

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its intent. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.

No waiver by Chloe's Curated Closet of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms of Service, together with our Privacy Policy and any other legal notices or policies published by Chloe's Curated Closet on SizeAndSoul.com, constitute the entire agreement between you and us regarding your use of our services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

17. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or any aspect of your experience with Chloe's Curated Closet, please contact us through the following methods:

Website: SizeAndSoul.com
Contact Page: Visit our Contact page on SizeAndSoul.com for additional ways to reach us

We value your feedback and will make every effort to respond to your inquiries in a timely manner. When contacting us, please provide as much detail as possible about your question or concern so that we can assist you effectively.

Thank you for choosing Chloe's Curated Closet. We are committed to providing you with exceptional service and a positive shopping experience on SizeAndSoul.com.