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1. Why You Should Read This Agreement
This Terms of Use Agreement (the “Agreement”) contains the terms and conditions which govern the use of the Swapthedress.com Site (the “Site”). The terms of all other Site Policies are incorporated into this Agreement. Please read them as well as this Agreement carefully. If you do not agree to the terms and conditions in this Agreement, including the provisions incorporated into this Agreement, you may not use the Site. To accept these terms and conditions, please click the “I Accept” button below. If the provisions of this Agreement conflict with individual terms contained in the various Site Policies, the terms of this Agreement will control. Please check this Agreement frequently, as we reserve the right to amend it at any time. Whenever we amend this Agreement (or the related rules), the amendment will become effective for all transactions after the date we post the change to the Site, unless the amendment states otherwise. References in this Agreement to “Swap the Dress,” “we,” “us,” or similar phrases mean Swap the Dress, LLC, a Mississippi Limited Liability Company.
2. Who can use the Site
You cannot use the Site to list, post, or purchase items unless you are an individual who is at least 18 years old and who can enter into legally binding contracts under applicable law, or you are a business entity that can enter into legally binding contracts under applicable law. We may, without notice, terminate or suspend any listing or registration at any time, for any reason or for no reason at all. Be advised, the only items that may be listed are wedding, bridal, or other related dresses. We reserve the right to refuse or delete any listing of any item at any time for any reason or for no reason at all.
3. Swap the Dress is not an Auctioneer
It is important you realize Swap the Dress is not a traditional “auctioneer.” Instead, the Site acts as a venue to allow Third Party Providers and Swap the Dress to sell items at anytime, from anywhere, and potentially in a variety of pricing formats.
4. Sellers on the Site
a. Swap the Dress Purchases
Swap the Dress may itself be a seller of items offered on the Site. The items offered by Swap the Dress on the Site may be items which may have been used, returned, repaired and/or damaged. The items may have blemishes, may be seconds and may contain noticeable and/or unnoticeable defects. Swap the Dress disclaims all warranties (including the implied warranties of merchantability and fitness for a particular purpose) in any way related to these items. ALL ITEMS ARE SOLD “AS IS” AND CANNOT BE RETURNED EXCEPT IN LIMITED CIRCUMSTANCES. RETURNS ARE PERMITTED IF SWAP THE DRESS MADE A MATERIAL ERROR IN THE DESCRIPTION OF THE LISTING, IF THE ITEM PURCHASED IS NOT THE ITEM RECEIVED, IF THE ITEM IS MISSING ACCESSORIES THAT WERE SPECIFICALLY INCLUDED IN THE LISTING, OR IF THE ITEM IS DAMAGED IN TRANSIT BY THE CARRIER. SWAP THE DRESS RESERVES THE RIGHT TO DETERMINE IN ITS SOLE DISCRETION WHETHER TO PERMIT A RETURN OF ANY ITEM. The seller shall be solely responsible for shipping and handling charges as specified by Swap the Dress. Swap the Dress represents it owns or has authority to sell on behalf of a third party the items it lists directly. Swap the Dress undertakes no responsibility for the quality, safety, legality or price of the items offered for sale by it. Swap the Dress undertakes responsibility only for the accuracy of the descriptions of items it offers for sale. Swap the Dress undertakes the responsibility to reasonably inspect and examine each product its sells directly but not by a Third Party Provider, and Swap the Dress undertakes responsibility to represent and disclose information reasonably known to it (including defects, blemishes, damages, etc.) at the time of posting each item on the Site. All offers submitted for any item for sale through Swap the Dress shall be considered an offer subject to Mississippi law and can only be accepted in the State of Mississippi. Once you agree to purchase, an offer will be deemed accepted and shall constitute a legally binding contract under Mississippi law.
b. Swap the Dress Third Party Providers
Third Party Providers are individuals or entities who have agreed to become bound by this Agreement and all other Site Policies. With regard to Third Party Providers, Swap the Dress acts only as an interactive computer service which allows sellers to offer and sell items, and buyers to buy items. In this capacity, Swap the Dress is an internet service provider and Swap the Dress is not involved in any way in the transactions between buyers and sellers. Actual purchase and sale is strictly between the buyer and Third Party Provider. Swap the Dress has no control over the quality, safety, legality, price, payment for or delivery of the items offered for sale by Third Party Providers. Swap the Dress has no control over the accuracy of the descriptions of items offered for sale on the Site by Third Party Providers. Without limiting the foregoing, Swap the Dress does not examine, set the price or prepare the description of any property or service to be offered on the Site by Third Party Providers. Swap the Dress is not an agent or representative of any buyer or seller, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
5. Release and Waiver
By using the Site, you agree that if you have a problem or dispute with another user of the Site, you release Swap the Dress and each of its members, managers, employees, consultants, agents, subsidiaries and affiliates, if any, from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. By using the Site, you agree that if you have a problem or dispute with Swap the Dress, you agree that any dispute relating in any way to the Site or to items you purchase from Swap the Dress through the Site shall be submitted to confidential binding arbitration in Oxford, Mississippi in accordance with this Agreement. By using the Site, you agree that the laws of the State of Mississippi, without regard to principles of conflict of laws, will govern any problem or dispute and this Agreement. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If you are a resident of a jurisdiction having a statute or common law provision similar to the California law quoted above, you hereby waive that provision to the fullest extent permitted by applicable law. You acknowledge that this release and waiver is an essential and material provision of this Agreement, and that Swap the Dress would not have allowed you to use the Site if you had not agreed to this release and waiver.
6. Certain Risks
We do not control or verify the descriptions or information users post on the Site. Some of the descriptions posted may be misleading or inaccurate. Some users may also use offensive language or other inappropriate language. You may report misleading or inaccurate descriptions and offensive or otherwise inappropriate language to us at info@swapthedress.com. There are risks in dealing with persons who may be underage or acting with intent to defraud. Please recognize that some users of the Site may not be trustworthy. Thus, use caution in all of your dealings with other users of the Site. By using the Site, you accept the risks of doing so, including the risks that buyers and sellers may fail to perform their obligations or otherwise act in inappropriate, unethical or unlawful ways, and you agree that we are not responsible for the acts or omissions of users.
7. User Identity
We do not confirm each user’s purported identity, and we cannot assure you that a purported buyer or seller you choose to deal with is who he or she claims to be or that a purported buyer or seller you choose to deal with is not involved, knowingly or unknowingly, in fraudulent activity. We encourage you to communicate directly with your potential trading partners in order to evaluate them, and we also suggest that you consider using a reputable third party escrow service such as paypal.com or escrow.com although we do not endorse either. You are prohibited from posting any information to the Site concerning any other user or any information that would identify any other user in any way.
8. Payment for Items Purchased; Delivery
Unless purchasing a dress owned and directly listed by Swap the Dress, buyers and sellers are responsible for arranging for the delivery of items and payment for items between themselves. If not using Swap the Dress, we are not involved in either the delivery of any item to any buyer or the payment for any item to any seller. If purchasing directly from Swap the Dress, Swap the Dress will arrange for shipping, but will not be responsible for lost, damaged, non-delivered or stolen items. Shipping insurance is available. Swap the Dress recommends each buyer purchase insurance on every item purchased.
9. Taxes
If Swap the Dress is the seller of the item listed on the Site, Swap the Dress is responsible for collecting and remitting any state, federal, local or other taxes in jurisdictions as required. If you buy directly from Swap the Dress and are a resident of the State of Mississippi, applicable state, federal and/or local sales taxes will be collected by Swap the Dress. If a Third Party Provider is the seller of the item listed on the Site, the Third Party Provider and the buyer are responsible for compliance with all applicable tax laws, including collecting, remitting and paying any applicable state, federal, local or other taxes. Swap the Dress disclaims all liability whatsoever for the collection and remittance of taxes of any kind related to the sale or purchase of items between Third Party Providers and buyers.
10. Listing and Selling an Item
By listing an item, the seller represents and warrants that he/she/it has the full legal right to sell the item and that the description of the item is truthful and accurate. If the seller receives and accepts an offer from a buyer, the seller must sell the item unless (a) the sale is prohibited by applicable law or this Agreement, (b) the buyer fails to meet the terms of the listing, or (c) the seller cannot authenticate the buyer's identity. The seller must describe the item and terms of sale on the listing page. All listings must include only content relevant to the sale of that item. The seller may not include in the listing title or description any names or descriptions of things that are not the item listed or otherwise manipulate the listing description or search results in any deceptive manner. The seller may not advertise or describe any item or service except the item listed on the Site.
11. Offering for Buying an Item
By offering to buy an item, the buyer represents and warrants that he/she/it has the ability to pay the amount offered in a manner permitted by the seller’s terms of sale. By making an offer, the buyer agrees to the seller’s terms of sale as set forth with the item’s description (provided that the terms do not violate applicable law or this Agreement), and agrees that he/she/it will complete the purchase of the item unless (a) the sale is prohibited by applicable law or this Agreement, or (b) buyer cannot authenticate the seller's identity. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the provisions of Mississippi Code § 75-2-401 of the Mississippi Uniform Commercial Code or similar provisions of the Uniform Commercial Code in effect in most states, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller, unless the buyer and seller have agreed otherwise. Once made, accepted offers cannot be revoked except in extraordinary cases, such as a clear typographical error. A prospective buyer should not offer to buy an item unless he/she/it is prepared to be legally bound to buy the item.
12. Reservation of Rights
We retain the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any sale, prevent or restrict access to the Site, or take any other action we consider appropriate in the case of technical problems, material we consider, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, inaccurate listings, inappropriately listed items, unlawful items, suspicious circumstances, information we receive from third parties or otherwise, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. We also retain the right to change or discontinue any or all features of the Site, at any time and without notice to you or any person.
13. Compliance with Laws
You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the Site, including your listing and sale of items, and your offering for or purchasing items. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not make offers under a false name, impersonate another person, or use another user’s password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. We may report any conduct we consider fraudulent or potentially fraudulent to law enforcement agencies, and we will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.
14. Export
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
15. Links
We are not responsible for the content of any sites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.
16. Copyrights, Trademarks and Other Intellectual Property Matters
The Site may contain copyrighted material, trademarks and other proprietary information, and the Site itself may be copyrighted. Swap the Dress and other marks indicated on the Site may be registered trademarks or service marks of Swap the Dress in the United States and in other countries. Our graphics, logo, headers, button icons, scripts, and service names may be trademarks or trade dress of Swap the Dress. Any trademarks and trade dress may not be used in connection with any product or service that is not Swap the Dress’s, in any manner that is substantially similar or likely to cause confusion among consumers, or in any manner that disparages or discredits Swap the Dress. All other trademarks not owned by us that appear on the Site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of Swap the Dress and any other trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the Site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any public area of the Site, you represent and warrant to Swap the Dress that you have the full legal right to do so, and you automatically grant to Swap the Dress (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to Swap the Dress) a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate and distribute that material worldwide and to incorporate it in any other form, media or technology now known or hereafter developed, solely for marketing, promotion, display and other purposes related to Swap the Dress.
17. Intellectual Property Rights Infringement
Swap the Dress does not undertake any responsibility to attempt to monitor the Site for potential infringement of third parties’ intellectual property rights, and Swap the Dress is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of material posted on or transmitted through the Site or items listed or sold on the Site. If you believe that your rights under United States or international copyright, trademark or other laws are being violated by any materials posted on or transmitted through the Site, or by items listed on the Site, please contact us promptly by emailing us at info@swapthedress.com so that we may investigate the situation and, if appropriate, block or remove the offending material or item. It is our policy to disable access to infringing materials, and to terminate access of infringers to the Site. In order for us to investigate your claim of infringement, you must provide us with the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you believe has been infringed;
A description of where the material that you claim is infringing is located or identified on the Site;
Your name, address, telephone number, and, if available, email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you that the information submitted to us is accurate, under penalty of perjury, and that you are the owner of the copyright or intellectual property or are authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to Swap the Dress which can be reached as follows:
By mail:
Swap the Dress, LLC P. O. Box 1918 Oxford, MS 38655
By email:  mailto:info@swapthedress.com
18. Digital Millennium Copyright Act (“DMCA”)
Swap the Dress will respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If Swap the Dress removes or disables access to comply with the DMCA, we will make a good-faith attempt to inform the owner or person authorized to act on behalf of the owner of the affected material. Notwithstanding this section, Swap the Dress reserves the right at any time and in its sole discretion, to remove items which in Swap the Dress’s judgment appear to infringe the intellectual property rights of any person.
19. Restrictions on Conduct
In addition to the other restrictions on conduct set forth in this Agreement and all other Site Policies, you agree to use the Site only for its intended purpose, and not to attempt to use it for advertising products or services (other than the specific item(s) you list) or commercial solicitation purposes. You agree not to use the Site to attempt to conduct purchases or sales outside of the Site, and you agree not to take any action to disrupt or interfere with any purchases or sales conducted on the Site. Further, you agree to use the site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove such content from the Site. We may disclose any content or communication of any kind (i) to satisfy any law, regulation, or governmental request; (ii) if such disclosure is necessary or appropriate to operate the site; or (iii) to protect the rights or property of Swap the Dress, other users, or other persons.
We reserve the right to prohibit conduct, communication, or content that we deem in our sole discretion to be unlawful or harmful to us, any user, or any third party. Notwithstanding the foregoing, we cannot ensure prompt removal of questionable content after online posting. Accordingly, neither Swap the Dress, nor any of its members, managers, employees, or agents assumes any liability for any action or inaction with respect to conduct, communication, or content on the Site.
20. Site Access or Interference with Site
You agree that you will not use any automated method of accessing the Site. You also agree that you will not take any action that imposes or may impose an unreasonable load on the Site or its infrastructure. You agree further that you will not take any action that interferes or attempts to interfere in any manner whatsoever with the operation of the Site and that you will not attempt to bypass any robot exclusion headers or other methods we may use to prevent or restrict access to the Site. You also agree that you will not manipulate or attempt to manipulate the price of any item listed on the Site or interfere with any other user’s listing or transaction. You may not download (other than page caching) or modify the Site or any portion of it, without our express written consent. This includes: a prohibition on any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited (except in accordance with this Agreement), or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Swap the Dress without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent.
21. Privacy Issues
Our Privacy Policy, as amended from time to time, is incorporated herein, subject, however, to the provisions of this Agreement. You agree not to use any information you learn as a result of using the Site about any other user of the Site for any purpose other than completing a purchase or sale of an item in accordance with this Agreement, unless the other user specifically authorizes your use of the information. Without limiting the foregoing, you agree not to use any such information for purposes of making any solicitation of any nature, advertising any product or service, sending any unsolicited email or other communication, or engaging in conduct constituting harassment of any person, invasion of privacy, objectionable conduct, or conduct that would be inconsistent with our Privacy Policy. You are prohibited from posting any information to the Site concerning any other user or that would identify any other user in any way.
22. Right to Investigate and Report Information to Authorities
To the extent permitted by applicable law, we have the right, but not the obligation, to monitor any activity on the Site, and to investigate any reported violation of this Agreement or our policies and any complaint relating to the use of our Site by any person, and to take any action we deem appropriate, including the issuance of warnings, suspending or terminating a listing or registration or the use of the Site, removing listings, or other materials from the Site, and to report any activity we suspect violates any law, rule or regulation to law enforcement or other appropriate authorities. We reserve the right to access and disclose to law enforcement agencies and other appropriate authorities any information we deem necessary or appropriate, including, without limitation, user identification information and any other information we may have.
23. Mechanism for Complaints and Inquiries
Sellers and purchasers may submit complaints or inquiries to us by email at mailto:info@swapthedress.com or by mail at P. O. Box 1918, Oxford, MS 38655. A seller or purchaser who alleges fraud or deception in a transaction conducted via the Site may notify us of that allegation by email or mail to either of these addresses. We will review any such allegations, and to the extent permitted by law may, and to the extent required by law will, make a seller’s or purchaser’s name, address, telephone number and electronic mail address (as provided to us by that seller or purchaser) available to the seller or purchaser who alleges fraud or deception by such other seller or purchaser.
24. Disclaimers and Limitations of Liability
The Site is provided on an "AS IS," "as available" basis. Neither Swap the Dress, nor its members, managers, employees, agents, or others warrant that use of the Site will be uninterrupted, secure, adequate for your purposes or error-free. Further, we make no representation that content provided on the Site is applicable or appropriate for your use whether in locations inside or outside of the United States. Swap the Dress specifically disclaims warranties of any kind, either express or implied, including but not limited to warranties of title, implied warranties of merchantability or fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. No oral advice or written information given by Swap the Dress or any of its members, managers, employees, agents or others shall create a warranty. You expressly agree that the use of the Site is at your sole risk.
Under no circumstances shall Swap the Dress or any of its members, managers, employees, agents or others be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Swap the Dress records, programs or services. The foregoing limitation of liability shall apply whether in an action of contract, negligence, or other tortious action, even if an authorized representative of Swap the Dress has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
You will not hold Swap the Dress responsible for other users' content, actions or inactions, or items they list. You acknowledge that we are not a traditional auctioneer. Instead, the sites are a venue to allow anyone to offer, sell, and buy dresses, at anytime, from anywhere, and possibly in a variety of pricing formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
Furthermore, we cannot guarantee continuous or secure access to our services, and operation of the site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permissible, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising out of your use of our site and services. Regardless, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) one hundred dollars and no/100 ($100.00).
25. Violations
In addition to any other remedies available to us, we may suspend or terminate your use of the Site if you violate any of the terms of this Agreement or any of the policies or other documents incorporated into this Agreement. We also may suspend or terminate your use of the Site if we are unable to verify information you provide to us or if we suspect that your actions may harm us or the Site or another user or potentially cause legal liability to us, you or another user. We may also suspend or terminate your use of the Site without notice to you or any other person for any other reason or for no reason at all.
26. Indemnification
You agree to indemnify and hold harmless Swap the Dress and each of its members, managers, employees, consultants, agents, subsidiaries and affiliates, if any, from any and all claims, demands, losses, liabilities, damages and expenses (including costs of investigation and defense, including attorney fees) of any kind and nature whatsoever arising out of or in any way connected with your violation of this Agreement or any of the policies or other documents incorporated into this Agreement, or your violation of any applicable law, rule or regulation, or your violation of any other person’s rights, including without limitation any violation or infringement of any person's copyright or other intellectual property right or privacy rights. You will indemnify and hold us and our members, managers, employees, consultants, agents, subsidiaries and affiliates, if any, harmless from any claim or demand, including reasonable attorneys’ fess, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. Your indemnification obligation will survive and continue in effect after any termination of this Agreement or of your use of the Site.
27. Arbitration; Location
Any dispute you may have with Swap the Dress or any of its members, managers, employees, consultants, agents, subsidiaries or affiliates, if any, relating in any way to this Agreement or your visit to or use of the Site shall be submitted to confidential arbitration in Oxford, Mississippi, except that, to the extent that we believe that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Mississippi, and you consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no arbitration under this Agreement shall be joined to any arbitration involving any other party, whether through class arbitration proceedings or otherwise.
28. Governing Law
You agree that the laws of the State of Mississippi, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Swap the Dress or any of its members, managers, employees, consultants, agents, subsidiaries or affiliates, if any.
29. General
If any provision of this Agreement is held to be invalid, void, or unenforceable, that provision shall be reformed, if permitted by applicable law, to give effect as nearly as may be possible to the intention of the provision as written in accordance with applicable law, and the remainder of this Agreement shall remain in effect; otherwise, the provisions of this Agreement shall be deemed severable and any invalid, void or enforceable provision shall not affect the validity or enforceability of any other provision of this Agreement or the documents incorporated into this Agreement. This Agreement and the documents incorporated herein constitute the entire Agreement of Swap the Dress and you as a user of the Site, and neither this Agreement nor any of the documents incorporated herein may be modified by any course of dealing or otherwise except by our written amendment of this Agreement or other document. You may not assign this Agreement without our prior written consent.