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violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right s.For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.You are and shall remain solely responsible for any User Content you submit on the Site.We advise that you never reveal any personal information about yourself or anyone else telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified.Call Recording and Monitoring.You acknowledge that telephone calls to or from Forever 21, together with its agents, and independent contractors, and, may be monitored and recorded and you agree to such monitoring and recording.You verify that you are the current 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text messages from Forever 21, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out see below.To opt-out, please see the Opt-Out Instructions below.Opt-Out Instructions.Your consent to receive automated calls and texts is completely voluntary.You may opt-out at any time.To opt-out of text messages, text STOP to any text message you receive or text STOP to shortcode and specify that you want to opt out of text messages.You may also text HELP for help.You acknowledge and agree to accept a final text message confirming your opt-out.It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages.You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions.Please allow up to thirty 30 days to process any opt-out request.Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.Fees and Charges.There is no fee to receive automated telephone calls or text messages from Forever 21, our agents, and independent contractors.However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility.Check your telephone plan and contact your carrier for details.You represent and warrant that you are authorized to incur such charges and acknowledge that Forever 21, our agents, affiliates, and independent contractors are not responsible for such charges.Unauthorized Use of Your Telephone Device.You must notify Forever 21 immediately of any breach of security or unauthorized use of your telephone device.Although Forever 21, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.Your Indemnification to Us.We shall have the exclusive right to choose counsel, at your expense, to defend any such claims.You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages.Text messaging may only be available with select carriers with compatible handsets.Your obligations under this Section will survive termination of these Terms of Use.Forever 21 respects your right to privacy.To see how we collect and use your personal information, please see our Privacy Policy.Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.Most Forever 21 products displayed at the Site are available in select Forever 21 stores while supplies last.In some cases, merchandise displayed for sale at the Site may not be available in Forever 21 stores.The prices displayed at the Site are quoted in U.Dollars and are valid and effective only in the United States.We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site.However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.To the extent that this Site contains links to outside services and resources, the availability and content of which Forever 21 does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource.Forever 21 has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.This site and all contents of the site are provided on an 'as is' basis without warranties of any kind, either express or implied, including, without limitation, warranties of title, noninfringement, implied warranties of merchantability, or fitness for a particular purpose.From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability.We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice including after you have submitted your order.Price and availability information contained on this site is subject to change without notice.Forever 21 shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site.All materials and information presented by Forever 21 on the Site are intended to be used for informational purposes only.If you are not completely satisfied with your Forever You will cooperate as fully required by Forever 21 in the defense of any claim.Forever 21 reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Forever As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter is only pending in that court.You may bring claims only on your own behalf.Neither you nor Forever 21 will participate in a class action or class-wide arbitration for any claims covered by this agreement.You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Forever 21 is a party to the proceeding.This dispute resolution provision will be governed by the Federal Arbitration Act.In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty days of filing the case, then either Forever 21 or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services.Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction.Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.If you do so, neither you nor Forever 21 can require the other to participate in an arbitration proceeding.To opt out, you must notify Forever 21 in writing within 30 days of the date that you first became subject to this arbitration provision.You must use this address to opt out:.You must include your name and residence address, the email address you use for your Forever 21 account if any , and a clear statement that you want to opt out of this arbitration agreement.If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void.This arbitration agreement will survive the termination of your relationship with Forever You agree that any claim you may have arising out of or related to your relationship with Forever 21 must be filed within one year after such claim arose; otherwise, your claim is permanently barred.For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Forever 21 exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Los Angeles County for the purpose of litigating all such disputes.If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.Forever 21's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right.No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.Forever 21 reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.
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