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Terms of Use 

Welcome to Venus.com. Venus Fashion, Inc. (“Venus”) provides website features and other products and services to you when you visit or shop at Venus.com. Please read the below terms carefully. By accessing our website, continuing to access our website, signing up for mailings, marketing emails or messages, placing orders with us, purchasing products from us or downloading materials from our website, you agree to be bound by these Terms. Venus may, in its sole discretion, change these terms from time to time. You should periodically visit this webpage to review the most current terms. Using our website after any of these changes means you accept any such changes. If you do not agree to abide by these Terms, do not use our website or download materials from our website. 

You may not use or enroll in or purchase any products, and you may not accept these Terms, if you are not of a legal age to form a binding contract with Venus Fashion, Inc. If you use our website, you represent that you have the capacity to be bound by these Terms or if you are acting on behalf of a company or entity that you have the authority to bind 

All inquiries may be directed to: 
Venus Fashion, Inc. 
legal@venus.com 
11711 Marco Beach Drive. 
Jacksonville, Florida 32224 

PLEASE READ THESE TERMS CAREFULLY.  THESE TERMS ARE AN ENFORCEABLE CONTRACT BETWEEN US THAT AFFECTS OUR RESPECTIVE LEGAL RIGHTS AND INCLUDES A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND CLASS ACTION AND JURY TRIAL WAIVER, WHICH ARE SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE ANY SERVICES PROVIDED BY VENUS. 

These Terms, together with our posted Privacy Policy, constitute the entire agreement between us relating to your use of our website. 

Privacy 

Please read our Privacy Policy which is incorporated into these Terms and governs your use of Venus.com. By visiting Venus.com or purchasing from us, you agree with and consent to our Privacy Policy. To the extent of any conflict between Venus' Privacy Policy and these Terms, these Terms shall control. 

Intellectual Property 

As between you and us, all rights in all content posted on our website either belong to us or are licensed by us with the right to sue and otherwise enforce intellectual property rights within such content. You may not copy any content from any site without our express permission, either pursuant to these Terms or in the form of a record signed by us. Venus.com is the official seller of Venus branded merchandise. 

Product Descriptions 

We work hard to be as accurate as possible. Errors will be corrected when discovered and we reserve the right to revoke any stated offer and to correct any error, inaccuracy or omission (including after an order has been submitted by you or any order confirmation has been sent by us). These are approximations to assist you in reviewing products, may not be exact, and are subject to change. For example, the colors you see might depend on your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate. If a product offered by us is not as described, your sole remedy is to return it to use in unused condition. We also reserve the right to limit the order quantity on any item. 

Order Submissions and Processing and Venus Accounts 

When you place an order with Venus or on Venus.com, you must provide a valid email address to receive important information and updates regarding your order. Venus will use this email address to communicate your order details. A paper invoice may not be generated or otherwise provided. There are certain scenarios in which orders you place while not logged into your online account may be visible in your account order history; in particular, online orders placed as a guest and orders placed with the call center may be visible in your online account order history if an email address provided during the transaction matches the email address associated with the online account, or if you paid using a credit card that is a saved payment method in the online account 

Customer Ratings and Reviews 

These Terms govern your conduct associated with the Customer Ratings and Review service offered by Venus (the "CRR Service"). By submitting any content to Venus, you represent and warrant that: 

You further agree and warrant that you shall not submit any content: 

You agree to indemnify and hold Venus (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers,) harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party. 

For any content that you submit, you grant Venus a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. 

All content that you submit may be used at Venus' sole discretion. Venus reserves the right to change, condense or delete any content on Venus' website that Venus deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms. Venus does not guarantee that you will have any recourse through Venus to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, Venus reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not Venus, are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of Venus, its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees. 

By submitting your email address in connection with your rating and review, you agree that Venus and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes. 

Reviews, Comments, and Submissions 

Except as otherwise provided elsewhere in these Terms or on the site, anything that you submit or post to the site or Venus’ social media site and/or provide Venus, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, images, photos, and suggestions (collectively, "Submissions") will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocable right, permission and license to the Submissions and all IP rights related thereto (excluding the moral rights such as authorship right) to Venus without charge and Venus shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Venus and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by Venus in the future. 

By submitting to this site or the Venus social media site, (1) You represent and warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third-party claims. Venus assumes no liability for any misuse of copyright or any other rights of third parties by you. (2) You represent that you have obtained express permission from everyone who took, or is appearing in, your Submission. (3) You acknowledge that you will not be compensated in any way for our use of your Submission. (4) You represent that you understand that we may retouch, edit or otherwise alter content (such as photos) without your ability to inspect or pre-approve. (5) You undertake to defend for and indemnify Venus against any losses caused due to the use of the entries for any purposes. 

In addition to the rights applicable to any Submission, when you post Submissions to the site or Venus’ social media, you also grant Venus the right to use the name that you submit with any review, comment, image, photo or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, image, photo and other content that you post on this site and that use of your reviews, comments, image, photo or other content by Venus will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself, or otherwise mislead Venus or third parties as to the origin of any Submissions or content. Venus may, but shall not be obligated to remove or edit any Submissions (including comments, reviews, images or photos) for any reason. 

Marketing Messaging 

Venus offers our customers mobile marketing messages. By participating in the Venus marketing text messaging service, you are agreeing to the terms and conditions provided at the time you enroll in such messaging service and to the Venus Fashion, Inc. Terms and Privacy Policy. Message and Data Rates May Apply, and you acknowledge that you are responsible for same. To Stop receiving text messages click here. 

Interactive Services (Chatbot, Managed Chat, Live Showroom, etc.) Consent and Disclaimers 

Venus and Venus.com may provide interactive services, including chatbot, managed chat, and Live Showroom functionality with an option to chat. You agree that we may transcribe or record and retain a transcript of all communications with you via these interactive tools, and/or may record or recreate your activity while using the website, in order to provide services, enhance your website experience, and for quality and verification purposes. We may work with trusted service providers to analyze, store, and/or use this data on our behalf. Your use or access of any of these tools or of our website is governed by this section, these Terms, and our Privacy Policy. 

Copyrights 

Venus.com is ©, and we reserve all rights. Venusswimwear.com is ©, and we reserve all rights. Our websites and all of the materials, including, but not limited to, its software or HTML code, scripts, text, artwork, product names, photographs, images, catalogs, video, and audio (collectively, “Content”) are protected by United States and international copyright laws and are the property of Venus Fashion, Inc. All Content provided through our website is provided as a service to our current and prospective visitors and may be used only for personal, informational, and product ordering purposes. No right, title or interest in the Content is conveyed to you. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the website or any of its Content without our prior written permission; you may not access or use the website for any competitive or commercial purpose; nor may you permit any copying of our Content. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of such Content is prohibited. Any and all rights not expressly granted are reserved by Venus Fashion, Inc., as applicable. 

Trademarks 

Venus Fashion, Inc. owns all rights regarding its trademarks, trade names, logos, brand names and trade dress ("Trademarks"). These Trademarks are registered and/or common law trademarks of Venus Fashion, Inc. and they are protected by U.S. and international laws and treaties. No license to the use of such Trademarks is granted to you under these Terms or by your use of the website. Your use or misuse of our Trademarks displayed on the website is strictly prohibited. You are also advised that we may aggressively enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution. 

Limited License 

You are permitted to share Content provided through the website on social media sites such as Facebook, Twitter, Instagram, or similar services. This permission is a limited license to use the Content solely for social purposes and not for any competitive or commercial purposes and does not represent a transfer of title in or to any Venus Fashion Content. 

Special Notice 

We have a no-tolerance policy regarding the use of our Venus Trademark in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of our Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any web page on our website is prohibited absent our express written permission. Associating or juxtaposing our website or its Content (e.g., through framing or inline linking with advertisements and/or other information not originating from our website) is expressly prohibited. 

Indemnification 

You agree to defend, indemnify and hold Venus Fashion, Inc., its officers, directors, employees, agents, licensors and suppliers harmless from and against any and all losses, claims, damages, costs, liabilities and expenses, including attorneys' fees, arising from or related to your use of our website, your breach or alleged breach of these Terms, your unauthorized use of the Content or your violation of any rights of any other person. 

Dispute Resolution 

PLEASE READ THIS ENTIRE SECTION (“DISPUTE RESOLUTION”) CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER, AND A CONTRACTUAL LIMITATIONS PERIOD. 

YOU AND VENUS EACH ACKNOWLEDGE THAT THE TERMS IN THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING THEIR DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF ANY PARTY’S CLAIMS. 

THIS SECTION APPLIES TO ANY CLAIM BETWEEN YOU AND VENUS (EACH, A “PARTY;” TOGETHER, THE “PARTIES”) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, OUR PRODUCTS, YOUR VISIT TO THE SITE, OUR ADVERTISING OR MARKETING, OUR PRIVACY AND DATA SECURITY PRACTICES, AND TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH VENUS, WHETHER IN CONTRACT, TORT, WARRANTY, STATUTE, REGULATION, OR OTHER LEGAL OR EQUITABLE BASIS (EACH, A “CLAIM”), INCLUDING, BUT NOT LIMITED TO: 

Notwithstanding the provisions herein, if you in any manner violated VENUS’s intellectual property rights, we may bring suit in any state or federal court in the State of Florida. Additionally, notwithstanding the provisions herein, either you or VENUS may bring a Claim in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or VENUS. As set forth below, a Claim commenced in arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

THIS ENTIRE DISPUTE RESOLUTION SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT, THESE TERMS, THE PARTIES’ RELATIONSHIP, OR THE END OF YOUR USE OF ANY SERVICES.

If you have a Claim against Venus or if Venus has a Claim against you, you and Venus must first attempt to resolve the Claim informally in order to try to resolve the Claim faster and reduce costs for both parties.  You and Venus agree to engage in good faith pre-suit/pre-arbitration discussions for a period of no less than sixty (60) days (“Informal Dispute Resolution”). During that time, the Parties will communicate directly with each other about any Claim and attempt to resolve it without initiating an arbitration. The foregoing process shall be referred to herein as the “Informal Resolution Process.”

To commence the Informal Resolution Process, you or VENUS must send to the other Party a written notice of Claim ("Notice") describing the facts and circumstances of the Claim and the specific relief sought and including any supporting documentation. Your Notice must be mailed via certified or registered mail with proof of receipt to us at Venus Fashion, Inc., Attention Legal Dept, 11711 Marco Beach Drive, Jacksonville, FL 32224. We will send any Notice to you at your last-used billing address or the billing and/or shipping address in your online profile.

The Informal Resolution Process is intended to allow the party who has received a Notice to make a fair, fact-based offer of settlement if it chooses to do so. The statute of limitations and any filing-fee deadlines for a Claim shall be tolled for the duration of the Informal Resolution Process. Should Venus request a telephone conference with you in an effort to resolve your claim as part of this process, you agree to personally participate (with your counsel if you are represented).

Completion of the Informal Resolution Process and expiration of the sixty (60) day period shall be an express condition precedent to either Party serving an Arbitration Demand (defined below) or otherwise initiating a lawsuit (should the Arbitration Clause below not apply). You and VENUS agree that any action commenced in arbitration or court without first exhausting the Informal Resolution Process shall be defective and subject to dismissal at the cost of the Party found to have prematurely commenced the action.

B.  Class Action Waiver; Jury Trial Waiver

YOU AND VENUS AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION, INCLUDING ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND. Additionally, you agree that you will not be a member of any putative or actual class in a class action brought by anyone else against VENUS, nor will you seek to become a class representative. You further agree that in any action you initiate against VENUS, any relief you seek will be confined to relief on your own behalf. Except as the Terms otherwise provide and to the fullest extent permitted by law, you and VENUS acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction.

Together, the terms in the preceding paragraph shall be called and operate as the “Class Action Waiver.”

C.  Arbitration Clause 

You and VENUS agree that CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. This requirement, and the related terms that follow, shall be referred to as the “Arbitration Clause.” 

The Federal Arbitration Act and federal arbitration law shall apply to this agreement. By consenting to arbitration, you and VENUS do not limit in any way either Party’s statutory or common law rights or potential remedies to which either Party would be entitled were a claim being heard in a court.

Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at www.adr.org. You and VENUS empower the arbitrator(s) with the exclusive authority to resolve any Claim relating to the interpretation, applicability or enforceability of these Terms or the formation of this contract, including the arbitrability of any Claim that all or any part of these Terms are void or voidable. The arbitrator shall determine in accordance with the applicable rules, without limitation, all issues regarding filing fees, form of pleadings, procedures for payment, locale, seat, arbitrator selection and disclosures, exchange of information, presentation of evidence, and criteria for any Arbitration Demand, Answer, and other claims. The arbitrator shall issue a reasoned award.

You and VENUS agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Claim to Small Claims Court at any time after the filing of an Arbitration Demand under the applicable AAA rules. You and VENUS agree that Confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

D.  Special Procedures for Mass Filings

To the extent an arbitration falls within the AAA’s definition of a Mass Arbitration, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter, and that the additional procedures set forth below shall apply, unless the Parties jointly agree otherwise.

The Parties shall each select 15 Claims per side (30 Claims total) to proceed in individual arbitrations as part of the first stage in a staged process. Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the Parties agree otherwise in writing. Any remaining Claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those Claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Any applicable limitations period (including statute of limitations) and any filing fee deadlines shall be tolled beginning when the Informal Dispute Resolution procedures are initiated (so long as the pre-arbitration Notice complies with the requirements herein), until a given Claim is selected to proceed as part of the staged process herein, or is settled, withdrawn, otherwise resolved, or opted out of arbitration.

After this initial set of staged proceedings is completed, the Parties shall promptly engage in a global mediation session of all remaining Claims with a retired federal or state court judge and VENUS shall pay the mediator’s fee. If the remaining Claims are not resolved at this time, the Parties will continue the same staged process, as set forth in this Special Procedures for Mass Filings section, by arbitrating a maximum of 30 individual Claims at a time (15 Claims selected by each Party), until the Parties are able to resolve all of the Claims, either through settlement or arbitration.

Notwithstanding the provisions herein, in Mass Arbitrations consisting of more than 300 Claims total, either party may opt out of arbitration and elect to have the Claims heard in court.

A court of competent jurisdiction shall have the authority to enforce this entire Dispute Resolution section and, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to your Claim, and a court of competent jurisdiction determines that they are not enforceable as to your Claim, then your Claim shall proceed in a court of competent jurisdiction consistent with the remainder of these Terms of Use.

E.  Time Limits

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY CLAIM MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED. For purposes of this provision, a Claim is considered commenced at the time the Notice in the Informal Dispute Resolution section is sent, as defined below. To the extent a Claim is filed arbitration or court without first providing such notice (which would be contrary to these Terms, as set forth herein), the Claim is deemed commenced at the time of such filing.

F.  Jurisdiction and Venue

In any arbitration, the Terms shall be governed by, construed and enforced in accordance with the laws of the State of Florida, without giving effect to any conflict of law provisions.

To the extent the Arbitration Clause does not apply, normal conflict of law procedures shall apple, and any Claim shall be resolved exclusively by an appropriate federal or state court sitting in the State of Florida.

Severability and Waiver

The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Venus Fashion Inc.’s right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. However, if the Class Action Waiver is found to be void or unenforceable as to an arbitration, then the terms of the Arbitration Clause subsection shall not apply and the Claim shall proceed and be resolved in state or federal court, NOT by binding arbitration.