This website (the “Site”) is operated by Dopple, Inc. (“Dopple”). Throughout the Site, the terms “we”, “us” and “our” refer to Dopple. Dopple offers its members a personalized, curated shopping experience for children’s clothing, shoes and accessories. We’ll refer to the Site and our services collectively as the “Service.”
Please read these Terms carefully before accessing or using our Site or Service. By visiting our Site or otherwise using our Service, you agree to be bound by these Terms of Service (“Terms”).
If you do not agree to these Terms, then you may not access or use the Site or Service. We may, from time to time, make available new features, products, or tools. Your use of any such features, products or tools will always be subject to the Terms.
IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND DOPPLE THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 1716 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION (INCLUDING THE PROCEDURE TO OPT OUT OF ARBITRATION).
We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Service. If you continue to use the Service after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then, except as otherwise provided in Section 17(f)17(e) “Effect of Changes on Arbitration,” you may not use the Service anymore. Because our Service is evolving over time we may change or discontinue all or any part of the Service, at any time and without notice, at our sole discretion.
You may use the Service only if you are: (i) 18 years or older, (ii) capable of forming a binding contract with us, and (iii) are not barred from using the Service under applicable law.
Only subscribers to our Service (our “Dopplegang”) receive access to the customized shopping experience via our Service described below. You can sign up for our service at https://www.thedopple.com/quiz by providing us with your contact information, and other information about you and your children that are of 14 years or lesser age (“Kids”).
You can become a member of the Dopplegang (“Member”) by creating an account (“Account”) by following the instructions in the quiz.. If you already have an account with certain third-party social networking services such as Facebook or Google (each, an “SNS Account”), you can create your Account by granting us permission to extract from your SNS Account certain personal information such as your name and email address and other personal information that your privacy settings on the SNS account permit us to access.
Please make sure you provide us with current, complete and accurate information for your Account, and you agree to promptly update your Account information, including your email address and Payment Information (as defined below), so that we can complete your Transactions (as defined in the Subscriptions section below) and contact you as needed. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
(a) Service Description: Our quarterly subscription Service is designed to provide you a delightful, personalized shopping experience for your Kids’ clothing and accessories, curated by our expert stylists and proprietary technology. When you create your Account, we’ll ask you to fill out a quick questionnaire (which you may update for each subscription quarter) about your and your Kids’ shopping needs and preferences including, information about your budget, your Kids’ styles and sizes, and what types of products you want to receive, and charge a non-refundable subscription fee of $10 (“Subscription Fee”) using your credit card on file. Based on this information, we will mail you a customized package of clothes, shoes and accessories (collectively, “Outfits”) that our expert stylists create for each of your Kids. You will have seven (7) days after the shipment is delivered to you, to review the selection of items and try them on (“try-on period”). We charge you (after crediting the $10 Subscription Fee for that quarter) for all items not returned in accordance with the Return Policy, below, at the end of the try-on period, although we may bill you earlier in certain circumstances (for example, if you return your shipment before the try-on period is over, if you request us to, if we have reason to believe that the order is fraudulent, if there has been a pattern of credit issues, or if we notify you that we will do so). There are no order minimums or long-term ordering commitments. You may choose to return all your Outfits (in which case your $10 will neither be credited against anything, nor refunded), or return some of your Outfits and keep the rest (in which case your $10 will be applied towards your purchase of the Outfits that you decided to keep). You may suspend your membership at any time by contacting us at email@example.com. To protect you and Dopple from fraud, Dopple may contact you from time to time to verify your identity prior to sending you a shipment. You may be asked to provide basic information about yourself to verify your Account, and Dopple may only send you a shipment upon confirmation of your identity.
(b) Right to Refuse Service. We reserve the right to refuse service to anyone for any reason at any time. We also reserve the right, but are not obligated, to limit our Service to any person, geographic region or jurisdiction, and we may exercise this right on a case-by-case basis.
(c) Return Policy; Shipping: You may return any item from a particular shipment you receive through the Service (in accordance with the instructions below and those provided with such shipment) within seven (7) days after it is delivered. For free returns, any items to be returned must be so returned using the pre-paid return label and box provided by Dopple, and items must be unused, unworn (other than tried-on), in their original condition, and include all original tags and packaging. Shipping is not available to all locations. You will not be charged fees for shipping or return shipping, except in special circumstances (where we will give you advance notice). All items you receive through the Service will be shipped by a third-party carrier.
Members of our Service are enrolled in a quarterly subscription (“Subscription”). Each quarter, we will notify you, in advance, of you upcoming Subscription, and provide you an opportunity to update your responses to the questionnaire. You will be automatically charged the $10 Subscription Fee. When your shipment arrives, if you purchase any items, your Subscription Fee will be credited towards your purchase.
You expressly authorize us (or our third-party payment processor) to charge you each quarter, for the Subscription Fee incurred while your Subscription is active, and each payment you make for items in your shipment that are not returned by the end of the try-on period (each a “Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
If you are a Member, we will automatically charge you the Subscription Fee at the beginning of your Subscription and each quarter thereafter, at the then-current rate of Subscription Fee, using the Payment Information you have provided, until you cancel your Subscription. We will send you a reminder at least seven (7) days prior to each renewal with the then-current Subscription Fee. If you request us in writing, we may, at our discretion, allow you to put our Service on hold and skip a shipment during a quarter or some other time requested by you, in which case, we will not charge you the Subscription Fee for such time. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you. Your Subscription continues until cancelled by you or we terminate your access to or use of the Service or Subscription in accordance with these Terms. You may cancel your Subscription at any time, by writing to us at firstname.lastname@example.org; but please note that such cancellation will be effective only for future shipments.
If you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Feedback”), you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, any and all intellectual property rights that you own or control to edit, copy, create derivative works based on, publish, distribute, translate and otherwise use in any medium any Feedback for any purpose. We are under no obligation to (1) maintain Feedback in confidence; (2) compensate you for Feedback; or (3) to respond to Feedback.
(a) Definitions. For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service and (ii) “User Content” means any Content that Members (including you) provide to be made available through the Service. Content includes without limitation User Content.
(b) Our Content Ownership. Dopple does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Dopple and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You acknowledge that the Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. Subject to your compliance with these Terms, Dopple grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, copy, display and print the Content solely in connection with your permitted use of the Service and solely for your personal and non-commercial purposes.
(c) Your User Content. By making any User Content available through the Service you hereby grant to Dopple a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service and Content to you and to other Dopplegang Members. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms, and neither your User Content, nor any use of your User Content by Dopple on or through the Service will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; or (iii) is fraudulent, false, misleading or deceptive;
(b) Use, display, mirror or frame the Service or any individual element within the Service, Dopple’s name, any Dopple trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dopple’s express written consent;
(c) Access, tamper with, or use non-public areas of the Service, Dopple’s computer systems, or the technical delivery systems of Dopple’s providers;
(d) Attempt to probe, scan or test the vulnerability of any Dopple system or network or breach any security or authentication measures;
(e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dopple or any of Dopple’s providers or any other third party (including another user) to protect the Service or Content;
(f) Use any meta tags or other hidden text or metadata utilizing a Dopple trademark, logo URL or product name without Dopple’s express written consent;
(g) Use the Service or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
(h) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
(i) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
(j) Impersonate or misrepresent your affiliation with any person or entity;
(k) Violate any applicable law or regulation; or
(l) Encourage or enable any other individual to do any of the foregoing.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Dopple respects copyright law and expects its users to do the same. It is Dopple’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
The Service may include links to third-party services. We are not responsible for examining or evaluating the content or accuracy of third-party services, and we do not warrant and will not have any liability or responsibility for any third-party services.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or services. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction with such third parties.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, CONTENT AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED 'AS IS,' WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WHILE WE TRY TO SEND YOU OUTFITS THAT MATCH THE INFORMATION YOU PROVIDE IN RESPONSE TO OUR QUESTIONNAIRE, WE DO NOT GUARANTEE OR WARRANT THAT ALL OR ANY OF YOUR DEMANDS WILL BE MET, OR YOUR COMMENTS OR INSTRUCTIONS WILL BE FOLLOWED. WE CREATE A PACKAGE THAT WE FEEL WILL GENERALLY WORK FOR YOU; BUT IT IS SOLELY YOUR RESPONSIBILITY TO CHECK EACH ITEM IN THE SHIPMENT, SATISFY YOURSELF ABOUT ITS QUALITY AND THE MATERIALS USED, AND ENSURE THAT YOUR NEEDS ARE MET. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content or product that we ship. Please note that if any product delivered to you via the Service contains a warranty from its manufacturer, then such warranty is from the manufacturer of the product and not us, and we will not be responsible for any fulfillment of such warranty.
IN NO CASE WILL DOPPLE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF REPLACEMENT SERVICES, OR ANY SIMILAR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR IN CONNECTION WITH THESE TERMS, YOUR USE OF ANY THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, EVEN IF DOPPLE OR ANY OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability will be limited to the maximum extent permitted by law.
IN NO CASE WILL DOPPLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO DOPPLE FOR USE OF THE SERVICE OR TEN DOLLARS ($10), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO DOPPLE, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DOPPLE AND YOU.
You agree to indemnify, defend and hold harmless Dopple and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against any claim, demand, dispute, damages, liabilities, losses, or costs or expenses, including without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, your violation of any law or the rights of a third party, your User Content, or your access to or use of the Service.
You may cancel your Account at any time by notifying us at email@example.com. We may cancel your Account, or terminate your access to and use of the Service, at our sole discretion, at any time and without notice to you.
Upon any termination, discontinuation, or cancellation of the Service or your Account, any obligations and liabilities incurred by you or Dopple prior to the termination date, and the following provisions, will survive 6, 7, 8, 12, 13, 14, 15, 16, 17, 18, and 19.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Dopple are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Dopple each waive any objection to jurisdiction and venue in such courts.
(a) Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Dopple agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Dopple are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
(b) Exceptions and Opt-out. As limited exceptions to Section 17(a) above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. In addition, you will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so by email at firstname.lastname@example.org or by regular mail at 1550 Bryant Street, Suite 750, San Francisco, California 94103 within thirty (30) days following the date you first agree to these Terms.
(c) Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
(d) Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
(e) Class Action Waiver. YOU AND DOPPLE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
(f) Effect of Changes on Arbitration. Notwithstanding the provisions of Section 1 “Changes to Terms or Service” above, if Dopple changes any of the terms of this Section 16 “Dispute Resolution” after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to email@example.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Dopple’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Dopple in accordance with the terms of this Section 16 “Dispute Resolution” as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
With the exception of any of the provisions in Section 17(e) of these Terms ("Class Action Waiver"), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
(a) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Dopple and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Dopple and you regarding the Service and Content. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Dopple’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Dopple may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(b) Notices. Any notices or other communications provided by Dopple under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Service. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
(c) Waiver of Rights. Dopple’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Dopple. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Questions about the Terms should be sent to us at firstname.lastname@example.org.