Welcome to www.stitchfix.com (the “Site”), a website operated by Stitch Fix, Inc.
(“Stitch Fix”, “we”, “us”, or “our”). Stitch Fix
offers a service that gives you access to clothing and accessories (“Products”) from
the best up-and-coming labels and brands, and a number of related services (collectively, the “Services”).
and govern your use of the Site, the Services and any Orders (defined below) that you place.
BY ACCESSING THE SITE, ORDERING A SHIPMENT, PURCHASING PRODUCTS, OR USING THE
NOT ACCESS OR USE THIS SITE OR ORDER OR PURCHASE ANY SHIPMENTS.
your acceptance of any changes. We will use reasonable efforts to notify you of any such material changes by posting
notice of the changes on the Site, and/or, in our sole discretion, by email or other means.
Types of Users
You may simply browse the Site as a “Visitor” or you may create an account
and register with us to become a “Client”. You must be a Client to order shipments.
To become a Client, you must provide your email address and select a password (“Account
you may not transfer to or share with any third parties. We will also ask you for additional information about what
you do and don’t like in order to establish your style profile (“Style Profile”). In order that the
Services work best
for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If
accesses our Site or Services using your Account Information, we will rely on that Account Information and will
that it is really you who is accessing the Site and Services. You are solely responsible for any and all use of your
Account Information and all activities (including Orders -- as defined below) that occur under or in connection with
your Account. Without limiting any rights that we may otherwise have, we reserve the right to take any and all
we deem necessary to ensure the security of the Services and your Account, including without limitation terminating
your Account, changing your password, or requesting additional information to authorize transactions on your
You agree to be responsible for any act or omission of any users that access the Services under your Account
else's Account at any time, without the permission of the Account holder. Please notify us immediately if you become
aware that your Account Information is being used without authorization. You agree not to register for more than one
Account, register for an Account on behalf of an individual other than yourself without such individual’s
authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be
Client. If we later discover or suspect that a person under 18 years old has requested a shipment (defined below),
reserve the right to take steps to cancel that request.
Fix Shipments and Returns
Fix Shipments. From time to time, we will contact you and offer you a shipment. When you choose to receive
shipment, we will send you
some Products chosen by Stitch Fix. You will be able to try them on in your own home and see what you like. You can
decide to keep all, some or none of the Products in your shipment, and we will bill you for the ones you keep as
in Section 4 below.
Scheduling. If you are a Client, you may schedule a shipment through the Site. We’ll try to accommodate
the dates are estimates and not guaranteed. You may also request that we automatically send you a shipment, without
for you to schedule it. If you order any shipment, whether manually or automatically (in either case, an “Order”),
your shipment if you give us at least fourteen (14) days notice before it is due to ship. As explained in Section 4,
are responsible for: (i) the Styling Fee for any shipment that is not cancelled with the required notice and (ii)
refuse to ship to any address for any reason including because it is outside the geographic area that we serve
(currently only the United States) or it is to an address that we determine has a history of fraudulent purchases.
Returns. If you want to return any of the Products in your shipment, simply place them in the return
mail them back to us at no cost to you. Any returned products must be postmarked no later than three (3) days after
you receive the package (the “Return Date”). We will assume that you have chosen to keep any
Products in the shipment
you do not postmark back to us one week following the Return Date, and we will charge your Account for those
anytime after that day. Any exceptions permitting a return postmarked longer than one week after the Return Date
be requested in a timely manner and may be granted at the sole discretion of Stitch Fix. Products must be returned
unworn and in the original condition. Unfortunately, we cannot guarantee that you will be able to exchange or
Legal Details. OUR SCHEDULING OF A SHIPMENT IS AN OFFER TO PURCHASE THE PRODUCT(S) IN THE SHIPMENT, WHICH
RETURNING THE PRODUCTS YOU DON’T WANT AS DESCRIBED ABOVE. WE MAY ACCEPT YOUR REQUEST FOR A SHIPMENT BY PROCESSING YOUR
PAYMENT OF THE STYLING FEE (AS DESCRIBED BELOW) AND SHIPPING YOU THE SHIPMENT. For any reason, we may decline to
your request for a shipment. If we decline to accept your request for a shipment, we may attempt to notify you at the
address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes
to you when we provide the Product(s) to a common carrier.
STYLING FEE AND PAYMENT
When we ship you a shipment, we will charge you a non-refundable “Styling Fee” in the amount set
forth on the Site.
The Styling Fee will be charged to your credit card or other payment method between the time the
Order is placed and we ship your shipment. However, if you choose to keep Products from your shipment, the Styling
credited towards the purchase price of any Products you choose to keep from your shipment. To pay for an Order, you
need to provide Stitch Fix with the information necessary to process an Order from you, including your shipping
address and the billing information requested to pay for such Order. You may pay for the Styling Fee and any
from your Order via credit card or other manner then available on the Site. If you have a referral credit, the
referral credit will be credited to the Styling Fee and the remaining balance, if any, may then be paid via credit
card or other manner then available on the Site. By submitting your payment information to us, you authorize us to
charge the applicable payment method at our convenience but within thirty (30) days of the Return Date unless we
otherwise notify you. You represent that you will not use any credit card or other form of payment unless you have
necessary authorization to do so. We will not be liable in the event your children or others acting with or without
your permission use your credit card, PayPal account, or other means of payment to make Orders on the Site; however
you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent
future unauthorized use of your card.
PRICING AND PRODUCTS
Stitch Fix does not disclose the prices of its Products until you receive a shipment. While Stitch
Fix makes efforts to follow the style and price preferences you express in your Styling Profile, we do not guarantee
that every item in your shipment will comply with those preferences. If you don’t like it, send it back in
Section 3. Please remember that you are responsible for paying the price of any and all Products in your shipment,
they conform to your Style Profile or not, unless you return the Products by the Return Date. You are responsible
the payment of any Styling Fees, and state and local sales taxes that apply to your Order where we elect or are
required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are you responsible to
the applicable use taxes. The manufacturer of each Product, and not Stitch Fix, is responsible for the quality and
warranty of any of its Products shipped or purchased from Stitch Fix. If you have any problems with an Order, you
should first contact Stitch Fix by email at firstname.lastname@example.org and we will put you in touch with the right person
You may purchase Stitch Fix gift cards through the Services (“Stitch Fix Giftcards”). Stitch Fix
can be redeemed for Products or styling services solely through the Services made available through the Site. Stitch
Fix Giftcards cannot be redeemed for cash or credit except where required by law. For balance information, or to
replace the remaining value on a damaged card contact:
email@example.com. Stitch Fix is not
lost or stolen Stitch Fix Giftcards. Risk of loss and title for Stitch Fix Giftcards pass to the purchaser upon
electronic transmission to the recipient. For avoidance of doubt, recipient may not always be you. Stitch Fix
the right to close accounts and request alternative forms of payment if a Stitch Fix Giftcard is fraudulently
or used on the Service.
As a Client, by referring your friends to Stitch Fix, you may participate in the Stitch Fix Referral Program (the
“Program”). If you are accepted into the Program, you will receive a referral credit toward future purchases (a
“Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each
of the following
requirements must be met (collectively, a "Qualifying Referral"): (i) you must send a referral link that is unique
you to a friend; (ii) you must disclose your relationship with Stitch Fix (e.g., if you place an order, I’ll get a
reward!); (iii) the referred friend must register for the Services after directly clicking the unique link, (iv) the
friend must, within a reasonable period of time, order and pay for a shipment and (v) you must be an active Client
Services (e.g., ordered a shipment in the 90 days prior to the date that the friend ordered her own shipment.
Stitch Fix Gift Cards are not Qualifying Referrals.
The amount of the Referral Credit will be the amount specified on our Referral Program FAQ page available at:
https://www.Stitchfix.com/faq#referral-program at the
time the friend orders and pays for a shipment. You may be required
to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value
certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time
after the Qualifying Referral has been completed. In any event, the maximum amount of Referral Credits that you can
receive in any calendar is $599.
Referral Credits can be accrued solely by you and you may not earn Referral Credits by:
permitting another individual to use your Account
creating multiple Accounts
posting your unique referral link on any public forum or coupon site or
any other restriction we impose participants in the Program upon notice
You may not earn Referral Credits under the Program in the same calendar year that you receive payments from our
affiliate marketing partners like CJ Affiliate by Conversant and Share-a-Sale.
By acquiring Referral Credits, you agree and acknowledge that Stitch Fix is granting you a limited, revocable
to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in
exchange for Referral Credits. Except as explicitly provided herein, Referral Credits are non-transferable. You are
responsible for keeping track of the Referral Credits in your Account and notifying Stitch Fix of any discrepancy
between the number of Referral Credits in your Account and the number you believe should be in there.
We reserve the right to put restrictions on the Program, to suspend or terminate the Program and to void any
Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email
the last email address you provided to us, by amending these terms or posting a change to the Program on our
Program FAQ page. All Referral Credits are voided immediately upon termination of this Agreement.
OWNERSHIP OF INTELLECTUAL PROPERTY
You understand and acknowledge that the software, code, proprietary methods and
systems used to provide the Site or Services (“Our Technology”) and the materials, information and
available or displayed by us on the Site or through the Services (collectively, “Our Content”) are:
(a) copyrighted by
us or our licensors under United States and international copyright laws; (b) subject to other intellectual property
and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be
copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way
without our prior written permission and the prior written permission of our applicable licensors. You must abide by
all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology
any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally
Content. Certain of the names, logos, and other materials displayed on Products, the Site or in the Services
constitute trademarks, tradenames, service marks or logos (“Marks”) of Stitch Fix or other entities. Ownership of
such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not
to copy, modify, create derivative works of or otherwise use Our Content and any Marks from Our Content or Our
Technology. Any use of third party software provided in connection with the Site or Services will be governed by
Please use good taste in any and all content you post to our Site, in our forums, comments to our
blog, or on any other page or website related to Stitch Fix, including text, links, images and videos, other than
Stitch Fix content (“Your Content”). We reserve the right, but do not undertake an obligation, to remove any of Your
Content from the Services, including if Your Content does not meet with the guidelines below.
Remember you're in public — the information you post in public areas including forums and comments can be seen by
anyone on the Internet.
Respect others' opinions — if necessary, agree to disagree.
Use good judgment — stay in good taste, including in any comments.
A word about language: Vulgar language or crude sexual references are not appropriate.
Harass, verbally attack, or threaten others.
Pretend to be someone you are not or claim false credentials.
Pretend to make any claims, representations or warranties on behalf of any third party or Stitch Fix.
Post or link to content that is obscene, discriminatory, defamatory, harmful, threatening, or racially,
religiously, sexually or otherwise offensive.
Post content that isn’t yours — whether copyrighted or someone's personal material.
Believe everything you read — content may be inaccurate or inappropriate for you and no two people will have
the same opinions.
Engage in, link to, or promote illegal activities or content.
Post personal information about someone else unless it’s OK with them.
Use a review, a post, or a group as an opportunity to vent, disparage or flame a clothing brand, person,
Express negative opinions without supporting facts
Post or link directly to any content with vulgarities directed towards another person, organization or entity.
You may see things posted by third parties that you did not want to encounter
You can ignore it, but we prefer you
report it by sending an e-mail to firstname.lastname@example.org
You represent and warrant that Your Content does not and will not: (a) infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) violate any law, statute,
ordinance or regulation, including, without limitation, the laws and regulations governing export control; (c) be
defamatory or trade libelous; (d) be pornographic or obscene; (e) violate any laws regarding unfair competition,
anti-discrimination or false advertising; or (f) contain viruses, trojan horses, worms, time bombs, cancelbots or
other similar harmful or deleterious programming routines.
GENERAL RULES OF USER CONDUCT
- It is our goal to make access to our Site and Services a good experience for all of our
Users. You agree not to, and represent and warrant that you will not use, reproduce, duplicate, copy, sell, resell
exploit any portion of the Site or Services, your use of the Site or Services, or access to the Site or Services
any purposes other than for which the Site or Services are being provided to you, or do any of the following:
Conduct or promote any illegal activities while using the Products, Site or Services;
Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the
source code of the software (including the tools, methods, processes, and infrastructure) that enables or
Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
Use the Site or Services to generate unsolicited email advertisements or spam;
Use the Site or Services to stalk, harass or harm another individual;
Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site
Services (including without limitation robots, spiders or scripts);
Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers
networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of
networks connected to the Site or Services;
Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or
any static or dynamic web page on the Site or Our Content contained on any such web page for commercial use
our prior express written permission;
Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or Mirror or
frame the Site or any of Our Content, place pop-up windows over its pages, or otherwise affect the display of its
RIGHT TO SUSPEND
Stitch Fix reserves the right, in its discretion, to suspend your Account, your use of the Services
or the sending of shipments at any time at our discretion including, as necessary to protect the security or
the Site or Services.
In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback
related to Products, the Site, or the Services (collectively “Feedback”), you agree we may use the
Feedback to: (a)
modify our Site and Services or any Product and (b) promote the Site, Services and Products, and that you will not
due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness,
voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same
manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable
license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have
made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed,
and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other
method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
MODIFICATIONS TO THE SITE OR SERVICES
We reserve the right to modify or discontinue the Site or Services (including
shipments) with or without notice to you. We will not be liable to you or any third party should we exercise our
modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to
access to the Site or Services. Continued access to the Site or Services following notice of any such changes will
indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree
that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any
reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION
YOUR ACCESS TO THE SITE OR SERVICES.
here that describes
our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit
otherwise learn about you through your use of the Services, including how we market our services. The security of
personal information is important to us. While there is no such thing as "perfect security" on the Internet, we will
take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that
such steps do not guarantee that the Site and the Services are invulnerable to security breaches or immune from
viruses, security threats or other vulnerabilities, and that you assume any and all risk of security breaches,
viruses, or other events that result in your information being disclosed to third parties. Stitch Fix reserves the
right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful
activities and this may require the disclosure of your personal information. We may also report to other
about improper or unlawful user activities and this reporting may include disclosure of personal information
to those individuals conducting such improper or unlawful activities.
THIRD PARTY CONTENT AND OTHER WEBSITES
Content from other users, suppliers, advertisers, and other third parties may
be made available to you through the Site and/or the Services. Because we do not control such content, you agree
we are not responsible for any such content. We do not make any guarantees about the accuracy, currency,
or quality of the information in such content, and we assume no responsibility for unintended, objectionable,
inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or
violation of any third party rights related to such content. The Site and Services may contain links to websites not
operated by us, including the websites of the brands we include in shipments. We are not responsible for the
products, materials, or practices (including privacy practices) of such websites. You understand that by using the
Site and/or Services you may be exposed to third party websites that you find offensive, indecent or otherwise
objectionable. We make no warranty, representation, endorsement, or guarantee regarding, and accept no
for, the quality, content, nature or reliability of third party websites, products or services accessible by
or otherwise from the Site or Services. We provide these links for your convenience only and we do not control such
websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third
websites or any association with their operators. The Site and Services may contain links to websites that are
CONNECTION WITH ANY WEBSITES, CONTENT, PRODUCTS, MATERIALS, OR PRACTICES OF ANY THIRD PARTY.
DISCLAIMER OF WARRANTIES
THIS SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO
YOU THROUGH THIS SITE ARE PROVIDED BY STITCH FIX “WITH ALL FAULTS ” AND ON AN "AS IS" AND "AS AVAILABLE" BASIS,
OTHERWISE SPECIFIED IN WRITING. STITCH FIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR ANY CONTENT, PRODUCTS OR SERVICES INCLUDED ON, OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH, THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND
ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SERVICES AND PRODUCTS PURCHASED THROUGH THE SERVICES IS AT YOUR
SOLE RISK. We make no warranty that the Products, Site or Services will meet your requirements, or that the Site
and/or Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results
that may be obtained from the use of the Products, Site or Services, or that defects in the Products, Site or
will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that
may develop from wearing the Product or dyes that bleed from the Products onto other items) and you agree that you
will not sue Stitch Fix for any claim related to any Product purchased through the Site or the Services. You
understand and agree that you will be solely responsible for any damage to your computer or loss of data that
from the download of any material and/or Our Content. No advice or information, whether oral or written, obtained by
you from us through the Site, Services, or otherwise will create any warranty, representation or guarantee not
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO COLLECT PAYMENT, FACILITATE THE
FULFILLMENT OF ORDERS, AND PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR
LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR
OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES
(EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR
ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE
BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE
LIABLE FOR ANY DAMAGES ARISING FROM THE PRODUCTS OR FOR ANY INFORMATION APPEARING ON ANY OTHER SITE LINKED TO OUR
SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO
SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO THE GREATER OF (i) THE TOTAL AMOUNT OF YOUR ORDERS IN THE THREE
MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO OUR LIABILITY, AND (ii) TEN DOLLARS (U.S. $10.00). SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A
MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH
AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR
FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE
CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT
FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL
DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL
ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not
allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have
rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any
implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
You agree to indemnify, defend and hold harmless Stitch Fix, our parents, subsidiaries, affiliates,
officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all
third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys' fees and
court costs) that such parties may incur as a result of or arising from: (i) your use of the Products, Site or
any rights of any other person or entity; (iv) any content, information or materials you upload to the Site or
Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar
or deleterious programming routines input by you into the Site or Services.
You hereby release Stitch Fix, its officers, employees, agents and successors from claims, demands any and
all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries,
and property damage, that is either directly or indirectly related to or arises from (i) your use of the Site or
Services; or (ii) your purchase of any Fix shipments or Product(s). You hereby waive California Civil Code Section
states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his
at the time of executing the release, which, if known by him must have materially affected his settlement with the
debtor" and you waive any other similar provision of the laws of any other applicable jurisdiction.
We respect the intellectual property of others, and we ask you to do the same. If you believe
that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent
the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site or Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright
its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that
are the copyright owner or authorized to act on the copyright owner's behalf.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by
We can only give you the benefits of our service by conducting business through the
Internet, and therefore we need you to consent to our giving you Communications electronically. This Section 21
informs you of your rights when receiving Communications from us electronically. For contractual purposes, you (a)
consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions,
agreements, notices , documents, disclosures, and other communications (“Communications”) that we provide to you
electronically satisfy any legal requirement that such Communications would satisfy if it were in writing. Your
consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your
interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may also receive
electronically by contacting us in the manner described below. If you withdraw your consent, from that time forward,
you must stop using the Site and Services. The withdrawal of your consent will not affect the legal validity and
enforceability of any obligations or any electronic Communications provided or business transacted between us prior
the time you withdraw your consent. Please keep us informed of any changes in your email or mailing address so that
you continue to receive all Communications without interruption.
ARBITRATION AGREEMENT AND JURY TRIAL WAIVER, CLASS ACTION WAIVER, AND FORUM SELECTION CLAUSE
disputes, demands, counts, claims, or causes of action between you and Stitch Fix arising out of, under, or related
about or provided by you) will be settled exclusively through binding arbitration.
Arbitration will be subject to the Federal Arbitration Act and not any state arbitration law
The arbitration will be
conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes
upon by the parties
in writing, the arbitration will be governed by the AAA’s Commercial Arbitration Rules and, if the arbitrator deems
them applicable, the Supplementary Procedures for Consumer Related Disputes (collectively
“Rules and Procedures”).
You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for
matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a
judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN
RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY
REVIEW BY A COURT.
You and Stitch Fix must abide by the following rules: (a) for any claim that could otherwise be brought in small
claims court, the arbitration will be conducted solely based on written submissions and, if the arbitrator deems it
appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the
arbitration will be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator
a face-to -face hearing is appropriate, in which case one should be held at a location agreed to by you and Stitch
Fix, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the
proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and
pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY
OR STITCH FIX MUST BE BROUGHT IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e ) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS,
AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are
able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Stitch Fix
will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems
to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) Stitch Fix also
reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the
arbitration; (h) the arbitrator will honor claims of privilege and privacy recognized at law; (i) a decision by the
arbitrator (including any finding of fact and/or conclusion of law) against either you or Stitch Fix will be
confidential unless otherwise required to be disclosed by law or by any administrative body and may not be
collaterally used against either of them in existing or subsequent litigation or arbitration involving any other
person/Stitch Fix customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory
provision that requires the prevailing party to be paid its fees’ and litigation expenses.
Notwithstanding the foregoing, either you or Stitch Fix may bring an individual action in small claims court.
claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the
party’s patent, copyright, trademark, or trade secret will not be subject to this arbitration provision. Such claims
will be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts
located in San Francisco, California. Additionally, notwithstanding this arbitration provision, either party may
emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling,
hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures will not be
a waiver of the right to arbitrate.
With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective
basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise
conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and
be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were
contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the
entirety of this arbitration provision will be null and void, and neither you nor Stitch Fix will be entitled to
arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses
arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and
Stitch Fix will be exclusively brought in the state or federal courts in San Francisco, California.
For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at
800-778-7879 or visit the AAA website at http://www.adr.org..
that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your
effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default
agreement between you and us with respect to the subject matter hereof, and supersedes all prior oral or written
understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any
continue in full force and effect.
for any reason.
NOTICE; VIOLATIONS. We may give notice to you by email, a posting on the Site, or other reasonable means. You must
give notice to us in writing via email to
email@example.com or as otherwise
expressly provided. Please report any
Last updated December 9, 2014