Terms of Service
The following terms and conditions govern all use of the MyPoshWay.com website and all the content,
services and products available at or through the website. The Website is offered subject to your
acceptance without modification of all of the terms and conditions contained herein and all other
operating rules, policies and procedures that may be published from time to time on this Site by My Posh
Way (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using
the Website. By accessing or using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and conditions of this agreement,
then you may not access the Website or use any services. If these terms and conditions are considered an
offer by My Posh Way, acceptance is expressly limited to these terms.
- Your MyPoshWay.com Account and Site.Account(s) created for usage of MyPoshWay.com
tools and services is your responsibility to maintain the security of your account, and you are
fully responsible for all activities that occur under the account. You must immediately notify My
Posh Way of any unauthorized uses of your account or any other breaches of security, so My Posh Way
can provide guidance and countermeasures to help secure your account. My Posh Way will not be liable
for any acts or omissions by You, including any damages of any kind incurred as a result of such
acts or omissions.
- Payment and Renewal.
- General Terms.Paid Services are available on the Website using Stripe, a
trusted and secure payment service. By using the Paid Services you agree to pay My Posh Way
the monthly subscription fees indicated for that service. Payments will be charged the day
you sign up for a Paid Service and will cover the use of that service for a monthly
subscription period as indicated. Paid Service fees are not refundable unless otherwise
stated. You agree to all terms and conditions of the dedicated payment service(s) used by My
Posh Way.
- Automatic Renewal.If you fail to cancel a Paid Service on your site's
dashboard, your Paid Service subscription will automatically renew and you authorize us to
collect the then-applicable monthly subscription fee for such Paid Service (as well as any
taxes) using any credit card or other payment mechanism we have on record for you via our
dedictated payment service(s). Paid Services can be canceled at any time in the Account
section of your site’s dashboard.
- Changes.My Posh Way reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this Agreement periodically
for changes. Your continued use of or access to the Website following the posting of any changes to
this Agreement constitutes acceptance of those changes. My Posh Way may also, in the future, offer
new services and/or features through the Website (including, the release of new tools and
resources). Such new features and/or services shall be subject to the terms and conditions of this
Agreement.
- Termination.My Posh Way may terminate your access to all or any part of the Website
at any time, with or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your MyPoshWay.com account (if you have one), you may simply cancel any
paid service on your dashboard and discontinue using the Website. For more information regarding the
termination you may email My Posh Way at hello@myposhway.com. All provisions of this Agreement which
by their nature should survive termination shall survive termination, including, without limitation,
ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Data Privacy and SecurityThe privacy and security of your personal information is
important to us. My Posh Way's Privacy Statement describes what information we collect about you,
how we may use personal information and the security measures we have taken to protect your personal
information. We encourage you to read the Privacy Statement carefully, as it forms a binding part of
these Terms of Service and contains important information about your rights.
- Disclaimer of Warranties.The Website is provided “as is”. My Posh Way hereby
disclaims all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement. My Posh Way
makes no warranty that the Website will be error free or that access thereto will be continuous or
uninterrupted. You understand that you download from, or otherwise obtain content or services
through, the Website at your own discretion and risk.
- Limitation of Liability.In no event will My Posh Way be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for interruption of use or loss or corruption
of data; or (iv) for any amounts that exceed the fees paid by you to My Posh Way under this
agreement during the twelve (12) month period prior to the cause of action. My Posh Way shall have
no liability for any failure or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.
- Indemnification.You agree to indemnify and hold harmless My Posh Way, its
contractors, and its licensors, and their respective directors, officers, employees and agents from
and against any and all claims and expenses, including attorneys’ fees, arising out of your use of
the Website, including but not limited to your violation of this Agreement.
- Miscellaneous.This Agreement constitutes the entire agreement between My Posh Way
and you concerning the subject matter hereof, and they may only be modified by a written amendment
signed by an authorized executive of My Posh Way, or by the posting by My Posh Way of a revised
version.