Agreement Between User and HauteLook

The HauteLook Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HauteLook Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the HauteLook Web Site may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the HauteLook Web Site may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular HauteLook website, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

Use of site. Personal and non-commercial use limitation

Unless otherwise specified, the HauteLook Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the HauteLook Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with HauteLook or to purchase HauteLook products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of HauteLook is strictly prohibited.

Harassment in any manner or form on the Site or any of the HauteLook Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a HauteLook employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

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Claims

Each claim or statement about the effectiveness of HauteLook products and/or each claim or statement comparing the effectiveness of HauteLook products to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' BASIS. HAUTELOOK DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAUTELOOK DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH HAUTELOOK ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER HAUTELOOK NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. HAUTELOOK IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF HAUTELOOK’S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HAUTELOOK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.

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Denial of Access

These Terms of Use constitute an agreement that is effective unless and until terminated by HauteLook. If in HauteLook's sole discretion you fail to comply with any term or provision of this agreement, HauteLook may deny you access to the Site. In the event of denial of access by HauteLook, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and HauteLook relating to the subject matter addressed herein.

Disputes

Our Customer Service Specialists are ready to assist you and address your concerns—email membercare@hautelook.com or call 1.888.547.8438. If you have any questions or concerns regarding how HauteLook or Nordstrom manages, accesses or uses your personal information, please write us at PO Box 21986, Seattle, WA 98111-3986, email us at privacy@nordstrom.com or call 1.866.554.6591.

In the event that our customer service team is unable to resolve your concern, by using this Site you unconditionally agree that all claims relating to your access or use of our Site, including all disputes arising out of, or related to, any products or services purchased from HauteLook through our Site, will be resolved entirely through binding individual arbitration, rather than in court. You may also assert individual claims in small claims court if your claims otherwise qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. These Terms of Use do not apply to any claims or disputes relating to or arising from use of your Nordstrom credit card; any such claims or disputes will be governed by the terms and conditions of your Nordstrom credit card.

Note: There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Use as a court would.

To begin an arbitration proceeding, you may send a letter requesting arbitration and describing your claim to: HauteLook, General Counsel, 1700 7th Avenue, Ste 1000, Seattle, WA 98101. You agree that the arbitration will be conducted by either the American Arbitration Association ('AAA'), adr.org, 1.800.778.7879, or the Judicial Arbitration and Mediation Services ('JAMS'), jamsadr.com, 1.800.352.5267. You can contact AAA or JAMS to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's or JAMS' applicable rules. We will reimburse those fees for claims totaling less than $10,000. Likewise, HauteLook will not seek attorneys' fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States in the county where you live or at another mutually agreed location.

We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR HAUTELOOK WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

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Applicable Law

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Washington.

HauteLook/NordstromRack.com Invite A Friend program rules

These rules govern the participation of you in referring friends and of the friends you invite under this program. You may send an invitation to your friends, personally known to you, by submitting your friend’s valid email solely through the email form on our web site or by providing your unique invitation link as part of posting on your personal social media accounts (e.g., Facebook, Instagram, Pinterest) to friends and colleagues. You may not refer yourself. You may only participate in the program with one account. You may not carry out any other marketing or advertising on behalf of HauteLook or NordstromRack.com under this program. You should not engage in any misleading, deceptive, annoying, or harassing practices with respect to referrals or program communications.

You are entitled to receive a one-time referral credit upon the initial purchase of HauteLook/NordstromRack.com merchandise by your friend introduced for the first time to HauteLook/NordstromRack.com by you within three (3) months from the date you submit your friend’s email address. To be eligible, your friend must be an individual person and of the age of majority in the state/province or jurisdiction where your friend lives. You may receive a maximum of $1,000 in credits in the prior twelve (12) months; you will not receive any credits for any referrals made once you exceed that amount.

Referral credits are non-transferable, non-assignable and cannot be redeemed or exchanged for cash. Referral credits will expire ninety (90) days from date of issuance. We may refuse to issue a credit, void an issued credit, or disqualify you from the program if we determine, in our sole discretion, any fraudulent, abusive, or unethical behavior or violation of these rules. You may not, and we may refuse to, send any communications that constitute spam, unsolicited commercial email or any other type of illegal activity and we may terminate your participation in the program based on such actions. We may void any credit issued based on the ineligibility of your friend.

Any personal information received under this program will be handled according to our Privacy Policy.

This program is void where prohibited by law. We reserve the right to change these rules at any time, including cancellation of this program, without notice at our sole discretion.

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Copyrights and trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of HauteLook. The collective work includes works that are licensed to HauteLook. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to HauteLook, or other respective owners that have granted HauteLook the right and license to use such Marks.

Typographical errors

In the event a HauteLook product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, HauteLook shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. HauteLook shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, HauteLook shall issue a credit to your credit card account in the amount of the incorrect price.

User participation

HauteLook does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, HauteLook is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, HauteLook reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to HauteLook at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by HauteLook in accordance with HauteLook's Privacy Policy.

Comments, Feedback and Other Submissions

We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to HauteLook using this Site or otherwise (collectively, 'Comments') are not confidential and will become and remain HauteLook's property. The disclosure, submission or offer of any Comments will constitute an assignment to HauteLook of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

The Contents are intended solely for your personal, noncommercial use. Music may not be copied except only as necessary to access the Site. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.

User chat rooms

HauteLook may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. HauteLook, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

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Site Policies, Modification and Severability

Please review our other policies posted on this Site. These policies also govern your use of HauteLook services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and will provide notice of such changes if or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Canadian clearance authority statement

HauteLook is an approved CREDITS participant with the Canada Border Services Agency (CBSA). By ordering goods from HauteLook, I hereby authorize Landmark Trade Services LTD, an approved customs broker in CREDITS, to act as my agent, and to transact business with the CBSA to obtain release of my merchandise, account for duties and taxes, return merchandise to HauteLook, and electronically submit refund claims on my behalf. Under the CREDITS program, I understand that the CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the customs broker, and that I will obtain the refund directly from HauteLook. Further, I also authorize Landmark Trade Services LTD to forward any refund issued by the CBSA in my name, so that HauteLook can be reimbursed.

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Effective Date 5/22/2017