Terms of Service and Policies

Agency Couture maintains multiple websites and applications. The websites are offered as a free service to you. The app has a free subscription membership offered as a free service to you. Your use of this website constitutes your agreement to all the terms of use contained in this document and the Privacy Policy. 

FULL AGREEMENT

This agreement constitutes a binding legal contract between you and Agency Couture, LLC, the owner of this website or app. Your use of this website or app constitutes your acceptance of all terms and conditions outlined in this agreement, including but not limited to the limitations of liability, warranty and user obligations. Failure to comply with these terms and conditions may result in the termination of your access to this website or app and the forfeiture of any associated benefits.

This Agreement constitutes the entire agreement between the subscriber and the ACO regarding the use of the Services, API, and Data, and supersedes all prior or contemporaneous negotiations, discussions, representations, warranties, agreements, and understandings, whether written or oral, relating to such subject matter. Additional contracts may apply, including but not limited to vendor agreements, but only if executed and signed by both parties in a manner that constitutes a binding contract. No verbal or written agreements, including emails, shall be considered legally binding unless reduced to contract form and executed by both parties. In the event of any conflict between the terms of this Agreement and any other applicable purchase or agreement entered into by the subscriber and the ACO, the terms of this Agreement shall govern.

See sections linked to this page. 

DEFINITIONS

Pursuant to the terms and conditions of this agreement, the following terms shall have the following meanings: "ACO," "We," "ACO Digital," shall refer to Agency Couture, LLC and its companies or DBAs. Agency Couture, LLC may be interchangeably referred to as "ACO" or "ACO DIGITAL." Agency Couture is also commonly referred to as "ACo Digital," "ACo," or "ACo.Digital." "Sellers," referred to as "You," shall be referred to as "Vendors," "Consignors," or "Artists" and shall refer to any system user or in-store vendor for permanent or temporary use. "Clients," referred to as "You," shall refer to all system users, in-store customers, digital advisory or agency customers. "Buyers," referred to as "You," shall refer to any person who utilizes the app, websites, or stores to make a purchase of goods or services. "Wholesale Buyers," referred to as "You," shall refer to qualified store owners, store employees, or retail buyers acting on behalf of a company with a qualifying EIN, Tax Permit, and in compliance with all state regulations to qualify for wholesale. Wholesale buyers are required to submit all necessary documentation within the app to buy or sell at wholesale, and each wholesaler shall be solely responsible for taxes and tax liabilities for their company and is encouraged to consult a tax or accounting professional. "Retail Customer," referred to as "You," shall refer to buyers who purchase products at market value for personal use. "Clients," "You," and "Users," referred to as "You," shall refer to anyone hiring ACO or utilizing its websites, software as a service, or systems for business or personal use. For the purposes of these Terms and Conditions, the terms "Users" and "Subscribers" shall refer to any person who accesses, uses, or subscribes to the software as a service offered by ACO, including but not limited to, registered vendors and individuals working with ACO. For the purposes of these Terms and Conditions, the term "Service Provider" shall refer to an external contractor who provides services to ACO's Users and Subscribers, but is not otherwise affiliated or associated with ACO. ​​For the purposes of these Terms and Conditions, the term "Lead" also referred to as "Inquiry Data" shall refer to any potential customer or client information gathered or received by ACO. "Dropshipper," referred to as "You," shall refer to anyone participating in the act of dropshipping. "Dropshipping," "Drop-shipping," "Drop shipping" shall refer to any website that reposts or sells products from a secondary store or source without physically having possession of the product. The third party supplier, seller, or distributor shall ship products directly to the consumer.

Example:

Let's say that Sarah has a clothing store, called Store A, and has a variety of products in stock. However, her friend Dave wants to start his own clothing store, but doesn't have any physical products. Dave sets up an online store, called Store B, and partners with Sarah. Through this partnership, Dave is able to access Sarah's inventory and display all of her products on his Store B website. Dave decides to increase the prices of the products to make a profit for himself. When customers visit Dave's store and make a purchase, Dave sends the order information and payment to Sarah. Sarah then fulfills the orders and ships the products directly to the customers. In this example, Sarah is the supplier, Dave is the dropshipper, and the customers are the buyers. Both Sarah and Dave benefit from this arrangement, as Sarah can sell more products and Dave can run his own business without having to hold any physical inventory. "Dead Stock" or "Aging Products" shall refer to any tangible products or goods sold in a store that remains unsold for a period of more than 90 days.

Warranties and Representations

You represent and warrant that: (a) you have the power and authority to enter into this Agreement, (b) you will comply with all applicable laws in your use of the Services, API, and Data, (c) you will not use the Services, API, or Data in any manner that infringes or misappropriates the intellectual property rights of any third party, and (d) you will use the Services, API, and Data only for purposes that are legal and in compliance with this Agreement.

We neither warrant nor represent that your use of this website will not infringe the rights of third parties.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state where Agency Couture has its headquarters (Iowa), without giving effect to any principles of conflicts of law.

See also Governing Law

Right to Amend

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website or any other website we maintain or own. We will provide you with Notice of any changes through the Dashboard, via email, messenger, meetings or through other reasonable means. If you are an existing client, the changes will come into effect 7 days after we post the changes to our website, and your use of the Services, API, or Data more than 7 days after we publish any such changes on our website, constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on our website at any time. You can find out when this Agreement was last changed by checking the "Last updated" date.

Changes to Website

We may edit this policy from time to time. If we make any substantial changes, we will post a prominent announcement on our pages to notify you.

Indemnification:

You hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or in connection with any act or omission on your part during the Events, Fulfillment services, Retail Services, Retail Storefronts and marketing. This agreement shall be binding upon and inure to the benefit of both parties, their respective successors, assigns, personal representatives, and executors. The invalidity or unenforceability of any provision of this agreement shall not affect the validity or enforceability of any other provision of this agreement.

See also Indemnification. 

Legal Usage

Violation of any of the terms outlined in this section may result in your inability to access the Services, or termination of access to the Services in accordance with the terms of this agreement. You, as a user or subscriber of Agency Couture's software as a service and in-store products, agree to abide by the polices, terms and conditions.

FORCE MAJEUR

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; key team members quitting or being sick; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.

See also Force Majeur

If you have any questions about our Privacy Policy, the Terms & Conditions or any other aspect of this website please contact us in writing.

CONTACT US: ​ Privacy@aco.digital By Mail: ​ Agency Couture, LLC P.O. Box 422 Knoxville, Iowa 50311