ACCEPTANCE OF THE TERMS AND CONDITIONS

Welcome to MaraHoffman.com. This site is hosted by Mara Hoffman, Inc. and its parent, subsidiaries and affiliates (collectively, “Mara Hoffman,” “we,” or “us”). By using the site, you agree to be legally bound by all the terms and conditions contained in this Terms of Use Agreement (“Agreement”). Please read these terms carefully. By using this site, you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are using the site. In addition, when you use any current or future version of the web site, you also will be subject to the terms and conditions of this Agreement. Please print a copy of this Agreement for your records. We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those changes here. Your use of the MaraHoffman.com site following any such modification constitutes your agreement to the terms of the modified Agreement. The date of the most recent update is listed at the end of this Agreement.

PRIVACY POLICY

Please review our Privacy Policy far below, which also governs your use of the MaraHoffman.com web site, to understand our privacy practices. By using the MaraHoffman.com web site you consent to terms of our Privacy Policy. The terms and conditions of our Privacy Policy are incorporated herein and made a part of this Agreement.

DISCLAIMER LIABILITY

Mara Hoffman has taken reasonable efforts to ensure that the information contained in this web site is accurate; however, all information is provided "as is" without any express or implied warranties. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS. MARA HOFFMAN DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL MARA HOFFMAN BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. All users of the information agree that access to any use of the information is subject to the terms and conditions set forth on this "Terms of Use" page, as well as all applicable laws, and such access and use is at the user's own risk. These terms and conditions are subject to change from time to time without notice by updating or revising this "Terms of Use" page.

If a Mara Hoffman product or service is listed at an incorrect price due to typographical error or error in pricing information, Mara Hoffman shall have the right to refuse or cancel any orders placed for any product or service listed at the incorrect price. Mara Hoffman will 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, Mara Hoffman will issue a credit to your credit card account in the amount of the incorrect price.

COPYRIGHT NOTICE

Copyright notice for all pages on this web site and all fashion designs displayed on this website: © 2007-2015 Mara Hoffman. All Rights Reserved. Any reproduction of these pages, graphics, audio and video clips, and fashion designs shown on the site for commercial purposes or for distribution to other persons is a violation of United States Copyright law and similar international laws and may subject you to civil and criminal penalties. You may not modify, publish, transmit, create derivative works or in any other way exploit any of Mara Hoffman's copyrighted works without first obtaining our written consent. You may not view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. Any reproduction must include the copyright notice set forth above. Any other use of any content included on the web site, including linking or framing to this web site, is strictly prohibited unless you first obtain our prior written consent.

TRADEMARK NOTICE

All product names, trademarks, trade dress, service marks or other images in this web site are either the property of, or used with permission by, Mara Hoffman and the use thereof without the express written consent of the owner(s) thereof is strictly prohibited. All other product names contained on this web site may be trademarks or service marks of other persons. Mara Hoffman® is a registered trademark of Mara Hoffman, Inc. in the United States and other countries.

USER SUBMISSIONS

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this site ("Communications") will be considered non-confidential and non-proprietary. Mara Hoffman will have no obligations with respect to the Communications. Mara Hoffman and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, and other things embodied therein for any and all commercial or noncommercial purposes.

ELECTRONIC COMMUNICATIONS

You may opt out of receiving promotional emails from Mara Hoffman by clicking "unsubscribe from this list" at the bottom of the email. If you opt out, we may still send you non-promotional emails, such as emails about your purchases, account, or our ongoing business relations.

LINKS

Mara Hoffman's web site contains links to third party web sites. Mara Hoffman does not control the content of these web sites. Unless specifically stated on this web site to the contrary, Mara Hoffman is not affiliated with these third parties and does not endorse or sponsor their web sites, products or services.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Mara Hoffman, Inc., its subsidiaries, affiliates, officers, agents, partners, members, employees, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to (a) your use of this web site and any denial of access to the site; (b) any user content that you post, upload, use, distribute, store or otherwise transmit on or through the site; (c) any submissions you provide to us; (d) your violation of these Terms of Use; (e) your violation of any rights of another; or (f) your conduct in connection with the web site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MARA HOFFMAN, INC., ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE COMPLETE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM MARA HOFFMAN, INC., OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MARA HOFFMAN'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARA HOFFMAN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MARA HOFFMAN FOR ACCESS TO OR USE OF THE COMPLETE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

GOVERNING LAW

Use of this web site and this Policy will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of, or relates to any use of the site will be filed only in the state or federal courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

TEXT MESSAGING

If you elect to receive marketing text messages from us, either via our website or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional Text text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help, reply “HELP” to any Text Message you receive from us or email textsupport@wunderkind.co.In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to our confirmation Text Message and all subsequent Text Message correspondence according to your individual rate plan provided by your wireless carrier. Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will we or our affiliates be responsible for any Text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit Text messages, you may not receive the Text Messages.Neither we nor the wireless carriers (such as T-Mobile) will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis. Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name and the date, time and content of your text messages. We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us. For more information on how we use telephone numbers, please read our Privacy Policy.If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent us from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

LAST MODIFIED

August 31, 2021.