Terms of Service Last Updated: February 15, 2024 These Terms of Service (these “Terms”) are entered into by and between you and Kennedy Blue LLC, a Minnesota limited liability company (“Kennedy Blue,” “we” or “us”). Your access to and general use of www.kennedyblue.com (the “Website”) and your purchase of any products through the Website are subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (as may be amended from time to time), as well as any modifications to these Terms issued by us, and all applicable terms of any separate formal purchase agreement between you and us. These Terms apply to all your online purchases from the Website. These Terms supersede all previous understandings and agreements, whether oral or written, between you and Kennedy Blue and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend these Terms or to enter an order for product(s) subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Kennedy Blue. By accessing or using the Website, or making a purchase on the Website, or clicking to “agree” where prompted, you agree to be bound by and comply with these Terms and all applicable laws and regulations in connection with your use of or purchases on the Website. Please read these Terms and our Privacy Policy carefully. If you do not agree with these Terms or the Privacy Policy, please do not use this site. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT WITH KENNEDY BLUE. Kennedy Blue shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website or purchases made on the Website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions on the Website. You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION PROVIDED FOR BELOW IN THE SECTION TITLED, “GOVERNING LAW AND ARBITRATION” (SECTION [-]). PLEASE REVIEW THIS SECTION CAREFULLY BEFORE USING THE WEBSITE OR MAKING A PURCHASE. YOU HAVE THE RIGHT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING KENNEDY BLUE WRITTEN NOTICE OF YOUR INTENTION TO DO SO EITHER (1) WITHIN 30 DAYS OF FIRST ACCESSING OUR WEBSITE, OR (2) PRIOR TO MAKING A PURCHASE ON THE WEBSITE, WHICHEVER COMES FIRST. PLEASE ALSO CLOSELY REVIEW THE SECTIONS TITLED, “WARRANTY DISCLAIMER,” “LIMITED LIABILITY,” AND “INDEMNIFICATION OBLIGATIONS,” AS THESE TERMS AFFECT YOUR RIGHTS WITH RESPECT TO YOUR USE OF THE WEBSITE AND PURCHASE OF ANY PRODUCT. Return / Refund Policy We gladly accept exchanges or returns. Items must be sent back in the original condition: tags attached, unworn, unwashed, unaltered, undamaged, clean, and free of lint and hair. Kennedy Blue must be contacted within 21 days of when the shipment is delivered, to be eligible for a return. All returns are eligible for a 75% refund. All exchanges will be complimentary. Customer is responsible for return shipping. Please review our Return Policy located at https://www.kennedyblue.com/pages/returns, which is incorporated herein by reference. Shipping Responsibility Online merchandise must be returned via mail. Shipping costs are the responsibility of the customer and are non-refundable. No credit is given for lost packages being returned to Kennedy Blue. Non-returnable merchandise sent back to us will not be returned, and no exchange or credit will be issued. Order Process An order is not binding until it is accepted by Kennedy Blue. For an order to be accepted by us, payment must be received and approved, we must accept the order and issue a confirmation, and we must confirm order is deliverable in a reasonable time before your event. Kennedy Blue will establish what is a reasonable time. Ordering Once your order is placed with Kennedy Blue, it will take approximately 4-16 weeks for delivery of bridal gowns and bridal party apparel. In-stock merchandise will be shipped within 48 business hours and takes up to 5 business days for delivery. We recommend completing your order promptly, as Kennedy Blue may discontinue styles and colors or increase prices with or without notice. You should also allow extra time for alterations and a possible replacement if a flaw or problem occurs. If you have any questions regarding delivery times, please contact us at info@kennedyblue.com. Size Selection WE RECOMMEND HAVING A PROFESSIONAL TAKE ALL OF YOUR MEASUREMENTS. For more information, view our Measurement Guide. Kennedy Blue’s sizing chart establishes a standard size. Your measurements are taken to determine the closest size. The dress you order will not be custom-made to your exact measurements; therefore, alterations will be necessary to custom fit the dress. It is extremely important that you order a size to fit the largest part of your body. If you are in between sizes, we recommend ordering the larger size and having the dress altered down. We are not responsible for measurements sent online or changes to your size for any reason, including but not limited to pregnancy, weight loss or weight gain. If a dress is too small for whatever reason, time permitting, extra fabric can be ordered from customer service at an extra charge. Please note that extra fabric may be cut from a different bolt of fabric, which may result in a slight dye lot variation from your dress(es). Please read the Dress Colors and Swatches section below for more information on colors. For detailed information about sizing, visit our Measurement Guide section. Dress Colors and Swatches Online images of product colors and actual dress and swatch colors may vary due to display and monitor settings. For products available in multiple colors, the color names will be displayed on the product page. For certain products such as bridesmaid dresses, we are able to display an image of available colors. Please contact customer service with questions regarding dress colors at info@kennedyblue.com. Delivery and Shipping Delivery When we receive your merchandise, we will inspect it for style, color, size, and defects, then ship the merchandise directly to the shipping address provided when you placed your order. You will be sent an email with tracking information and may be required to sign for the package once received. If a package is returned to us undeliverable, you are responsible to pay the re-shipping and handling of the merchandise. If your email address and/or shipping address changes, it is your responsibility to notify us. Shipping and Handling We ship to almost any address in the world. Carriers do not always deliver to select countries and certain products cannot be shipped to international destinations due to designer restrictions. If you order an item that we are unable to ship to your destination, we will contact you with any alternative shipping methods or provide the option to cancel the undeliverable items. We ship packages via FedEx, UPS, and United States Post Office. Shipping and handling costs depend on the shipping method you choose (Standard, 2-day, next day, etc.), the weight of the item, and the destination. Depending on your location, several shipping methods may be available. For merchandise shipping outside the continental U.S., our shipping and handling rates cover the cost to ship your merchandise. It does not cover any VAT taxes, customs, or duty charges a country may impose on the receiver of the package. Legal title to purchased products passes from Kennedy Blue to you upon shipment from our facility, and we are not responsible for any loss or damage that occurs during shipping. For more information regarding shipping, view our in-depth shipping policy located at https://www.kennedyblue.com/pages/shipping-information, which is incorporated herein by reference. A signature may be required for your package to be delivered. Therefore, we strongly recommend using a shipping address that has a receiving person to sign for the package. When the package leaves our shipping department, you will be emailed the carrier’s name, tracking number and the shipping date. To receive the package in a timely manner, we suggest using an address where someone can sign for the package. Defective Merchandise Standard Orders Upon receipt you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 21 days of receiving the merchandise for a return authorization (info@kennedyblue.com). Please explain in detail your issue or concern. If we determine that your claim of defect is valid and the merchandise received is defective in any way, Kennedy Blue will replace the item for you. Keep in mind that we can only replace a “made to order” item so long as there is enough time to receive it before your provided event date. If the event date takes place before the estimated time of delivery, a customer service representative will select an item from our “in- stock” collection to replace your item. If a customer receives a defective item, but prefers to have it altered, Kennedy Blue will partially reimburse the cost to fix the defects, in its sole discretion. Since dress alterations are expected with a standard bridesmaid’s dress, Kennedy Blue will not help with any other alteration fees. The alteration fees that Kennedy Blue will reimburse will not exceed the amount paid by you for the original merchandise. Special Orders All special ordered merchandise is brand new from Kennedy Blue. Once we receive your merchandise, we will carefully inspect the gown for correct style, sizes, colors, and defects and immediately ship the merchandise to you. Upon receipt, you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 21 days of receiving the merchandise to request a return authorization (info@kennedyblue.com). Please explain in detail your issue or concern. If we determine that your claim of defect is valid, our customer service department will issue you a return authorization number. Once received, our fulfillment team will inspect the merchandise for defects. If we find that the merchandise is not defective or has been misused, the merchandise will be shipped back to you. We will incur shipping charges on defective merchandise, but we will NOT incur shipping charges on merchandise that is found not defective or misused. Force Majeure We shall not be liable for any delay or failure to perform any of our obligations to the extent such delay or failure is due to circumstances beyond our reasonable control, including but not limited to, fires, floods, explosions, accidents, acts of God, declared and undeclared wars or riots, strikes, lockouts or other concerted acts of workmen, acts of government, shortages of materials or any government act, omission, regulation, license, order or rule. Chargebacks If you file a chargeback with your bank against Kennedy Blue, we will keep all merchandise until the chargeback has been resolved by your bank. No refunds or cancellations will be processed until the chargeback is decided by your bank. SMS/Text Message and Consent The Kennedy Blue mobile message service (the “Text Service”) is operated by Kennedy Blue. We may modify or cancel the Text Service or any of its features without notice. By consenting to Kennedy Blue’s Text Service, you agree to receive recurring SMS/text messages from and on behalf of Kennedy Blue through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Text Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kennedy Blue. Your participation in this program is completely voluntary. We do not charge for the Text Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Text Service at any time. Text the single keyword command STOP to +18332198884 or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kennedy Blue mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Text Service support or assistance, text HELP to +18332198884 or email info@kennedyblue.com We may change any short code or telephone number we use to operate the Text Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Text Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. Warranty Disclaimer THE WEBSITE, AND ALL FUNCTIONALITY, INFORMATION, AND FEATURES THEREIN, IS PROVIDED "AS IS" AND KENNEDY BLUE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. KENNEDY BLUE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KENNEDY BLUE MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website. Limited Liability All products that are special ordered may be subject to delays in manufacturing, shipping or unavailability of styles or colors ordered. Our legal liability for non-delivery of these items by the event date, for whatever reason, is limited to a full refund of the retail price you paid for those items. IN NO EVENT WILL KENNEDY BLUE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR YOUR USE OF THE WEBSITE, ARISING OUT OF ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR STRICT TORT LIABILITY. IN NO EVENT SHALL KENNEDY BLUE’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR YOUR USE OF THE WEBSITE, BE IN AN AMOUNT EXCEEDING THE RETAIL PURCHASE PRICE OF THE PRODUCTS PURCHASED ON THE WEBSITE AND PAID BY YOU TO KENNEDY BLUE IN THE PRIOR 12 MONTHS, OR $100, WHICHEVER IS GREATER. ANY LAWSUIT BY YOU AGAINST KENNEDY BLUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, ARISING OUT OF OR RELATING TO THE SUBJECT PRODUCTS OR THE WEBSITE, MUST BE MADE BY YOU PERSONALLY, NOT ON BEHALF OF ANY CLASS, AND FILED WITHIN ONE YEAR FROM THE EARLIER OF: THE SHIPMENT OF THE PRODUCTS BY KENNEDY BLUE, OR WHEN THE CLAIM ARISES. Indemnification You agree to defend, indemnify, and hold Kennedy Blue, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of applicable laws, rules or regulations, or your breach of these Terms. Special Offers and Promotional Codes Kennedy Blue may periodically present special offers with the purchase of selected merchandise. These special offers will be displayed on the www.kennedyblue.com home page and occasionally the product page of qualified merchandise. To receive a special offer, you will need to add the selected merchandise into your shopping cart and follow the steps until you complete the order process. We sometimes make available an alphanumeric code that can be used for promotions on the Website. These promotional codes may be found in print and/or online advertisements, through our newsletter, presented on the Website or circulated at events and through other means. Some of the specials offered by entering a promo code during checkout include free shipping, volume discounts, etc. The provisions for a promo code will be included with the code itself. If an expiration date or other condition is stipulated, please reference where you acquired the code for the exact requirements. Please note that promo codes are not redeemable for cash, and you must spend more than the discount price in order for a promotion to be applied. All promo codes will be temporarily disabled during special offers. Promotional codes will not be applied to previous purchases. Payment and Pricing Payment Method Through our shopping cart we accept Visa, MasterCard, Discover, American Express and PayPal. All payments must be in U.S. currency only. Pricing While Kennedy Blue strives to provide accurate pricing information, pricing or typographical errors may occur. We will not confirm the price of an item until you place your order. In the event that an item is listed at an incorrect price, we have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Taxes Kennedy Blue charges sales tax to select states with a sales tax nexus. We will charge the appropriate state and local sales taxes. You are solely responsible for any taxes due in connection with taxable products purchased. International Orders Shipments to destinations outside of the United States may be subject to additional taxes and fees, including but not limited to customs fees, excise taxes, and import duties. You are responsible for paying all such additional charges. You are also responsible for ensuring that the products you ordered may be legally shipped into the destination country. We are not responsible for any shipments that are seized, confiscated, or destroyed by government authorities in connection with an international shipment. Governing Law and Arbitration These Terms shall be governed by the laws of the State of Minnesota law without regard to its conflicts of law provisions. All claims and controversies arising from or relating to these Terms shall be and conclusively resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. All questions as to the meaning of these Terms or as to the arbitrability of any dispute under these Terms shall be resolved by the arbitrators and their decision shall be final and binding and not subject to judicial review. All arbitration proceedings, and any other suit or claim arising out of these Terms or your use of the Website, shall be conducted in Ramsey County, Minnesota and you consent to the jurisdiction of the federal and state courts in Ramsey County, Minnesota over such matters. Costs of such arbitration proceedings shall be evenly split between Kennedy Blue on the one hand, and the party or parties adverse to Kennedy Blue on the other hand. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for the enforcement of any arbitral award, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum. In the interest of resolving disputes between you and Kennedy Blue in the most expedient and cost-effective manner, you and Kennedy Blue agree that any dispute arising out of or in any way related to these Terms, including your receipt of text messages from Kennedy Blue or its service providers, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or your receipt of text messages from Kennedy Blue or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND KENNEDY BLUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Kennedy Blue to: (i) bring an individual action in small claims court (provided that, you provide Kennedy Blue of your intention to do so within 60 days of your purchase); (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim. Any arbitration between you and Kennedy Blue will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") then in effect, as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kennedy Blue. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 14. Notice; Process. If you or Kennedy Blue intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Kennedy Blue address for Notice is: 1420 Perron Rd E. Suite 100. Mendota Heights, MN 55120, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Kennedy Blue will make good faith efforts to resolve the claim directly (to the extent a resolution is commercially reasonable), but if you and Kennedy Blue do not reach an agreement to do so within 30 days after the Notice is received, you or Kennedy Blue may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Kennedy Blue must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Terms, Kennedy Blue will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Kennedy Blue for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Kennedy Blue agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Kennedy Blue made within 14 days of the arbitrator's ruling on the merits. No Class Actions. YOU AND KENNEDY BLUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kennedy Blue agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if Kennedy Blue makes any future change to this arbitration provision, other than a change to Kennedy Blue address for Notice, you may reject the change by sending us written notice within 30 days of the change to Kennedy Blue address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Kennedy Blue. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect. Content Kennedy Blue attempts to be as accurate as possible in its product descriptions; however if you find a product is not as described, please contact us at info@kennedyblue.com. Kennedy Blue is not responsible or liable for any descriptions provided by our manufacturers that are inaccurate. Proprietary Rights All content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kennedy Blue, LLC., one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Kennedy Blue, LLC. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not use material displayed on the Website for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Kennedy Blue, LLC. logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Kennedy Blue, LLC. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. Notification of Copyright Infringement Under the Digital Millennium Copyright Act It is our policy to respond to and investigate notices of alleged copyright infringement by third parties and take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Website, please notify us by contacting our DMCA Agent at the contact information below. Effective notifications under the DMCA must be in writing and include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kennedy Blue, LLC. to locate the material; Information reasonably sufficient to permit Kennedy Blue, LLC. to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Kennedy Blue’s designated DMCA Agent can be contacted as follows: By Mail: Jim Fritz DMCA Agent Kennedy Blue, LLC. 1420 Perron Rd E. Suite 100. Mendota Heights, MN 55120 By E-mail: info@kennedyblue.com By Phone: 1-651-294-7199 Third-Party Sites The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by Kennedy Blue, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). You may be transferred to a Third-Party Site even though it appears that you are still in our Website. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. Kennedy Blue is not liable for your use of any Third-Party Site. Miscellaneous Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent. These Terms and the Privacy Policy, and any other terms presented to you in connection with your purchase of a product, constitute the sole and entire agreement between you and Kennedy Blue regarding the Website and any products purchased, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any products purchased. Contact For questions about this Website or these Terms, please contact us at: Kennedy Blue 1420 Perron Rd E. Suite 100 Mendota Heights, MN 55120 Email: info@kennedyblue.com Phone: 651-294-7199
Terms of Service Last Updated: February 15, 2024 These Terms of Service (these “Terms”) are entered into by and between you and Kennedy Blue LLC, a Minnesota limited liability company (“Kennedy Blue,” “we” or “us”). Your access to and general use of www.kennedyblue.com (the “Website”) and your purchase of any products through the Website are subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (as may be amended from time to time), as well as any modifications to these Terms issued by us, and all applicable terms of any separate formal purchase agreement between you and us. These Terms apply to all your online purchases from the Website. These Terms supersede all previous understandings and agreements, whether oral or written, between you and Kennedy Blue and may NOT be altered, supplemented, or amended by you through the use of any other document(s). Any attempt to alter, supplement, or amend these Terms or to enter an order for product(s) subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both you and Kennedy Blue. By accessing or using the Website, or making a purchase on the Website, or clicking to “agree” where prompted, you agree to be bound by and comply with these Terms and all applicable laws and regulations in connection with your use of or purchases on the Website. Please read these Terms and our Privacy Policy carefully. If you do not agree with these Terms or the Privacy Policy, please do not use this site. YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE OR THE LEGAL AGE TO FORM A BINDING CONTRACT WITH KENNEDY BLUE. Kennedy Blue shall have the legal right at any time, without prior notice, and at our sole discretion, to revise these Terms or impose new terms and conditions with respect to access to or use of the Website or purchases made on the Website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions on the Website. You should check these Terms periodically for any modifications or revisions. Continued use of the Website after we post changes to these Terms constitutes your acceptance of the changes. THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION PROVIDED FOR BELOW IN THE SECTION TITLED, “GOVERNING LAW AND ARBITRATION” (SECTION [-]). PLEASE REVIEW THIS SECTION CAREFULLY BEFORE USING THE WEBSITE OR MAKING A PURCHASE. YOU HAVE THE RIGHT TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY PROVIDING KENNEDY BLUE WRITTEN NOTICE OF YOUR INTENTION TO DO SO EITHER (1) WITHIN 30 DAYS OF FIRST ACCESSING OUR WEBSITE, OR (2) PRIOR TO MAKING A PURCHASE ON THE WEBSITE, WHICHEVER COMES FIRST. PLEASE ALSO CLOSELY REVIEW THE SECTIONS TITLED, “WARRANTY DISCLAIMER,” “LIMITED LIABILITY,” AND “INDEMNIFICATION OBLIGATIONS,” AS THESE TERMS AFFECT YOUR RIGHTS WITH RESPECT TO YOUR USE OF THE WEBSITE AND PURCHASE OF ANY PRODUCT. Return / Refund Policy We gladly accept exchanges or returns. Items must be sent back in the original condition: tags attached, unworn, unwashed, unaltered, undamaged, clean, and free of lint and hair. Kennedy Blue must be contacted within 21 days of when the shipment is delivered, to be eligible for a return. All returns are eligible for a 75% refund. All exchanges will be complimentary. Customer is responsible for return shipping. Please review our Return Policy located at https://www.kennedyblue.com/pages/returns, which is incorporated herein by reference. Shipping Responsibility Online merchandise must be returned via mail. Shipping costs are the responsibility of the customer and are non-refundable. No credit is given for lost packages being returned to Kennedy Blue. Non-returnable merchandise sent back to us will not be returned, and no exchange or credit will be issued. Order Process An order is not binding until it is accepted by Kennedy Blue. For an order to be accepted by us, payment must be received and approved, we must accept the order and issue a confirmation, and we must confirm order is deliverable in a reasonable time before your event. Kennedy Blue will establish what is a reasonable time. Ordering Once your order is placed with Kennedy Blue, it will take approximately 4-16 weeks for delivery of bridal gowns and bridal party apparel. In-stock merchandise will be shipped within 48 business hours and takes up to 5 business days for delivery. We recommend completing your order promptly, as Kennedy Blue may discontinue styles and colors or increase prices with or without notice. You should also allow extra time for alterations and a possible replacement if a flaw or problem occurs. If you have any questions regarding delivery times, please contact us at info@kennedyblue.com. Size Selection WE RECOMMEND HAVING A PROFESSIONAL TAKE ALL OF YOUR MEASUREMENTS. For more information, view our Measurement Guide. Kennedy Blue’s sizing chart establishes a standard size. Your measurements are taken to determine the closest size. The dress you order will not be custom-made to your exact measurements; therefore, alterations will be necessary to custom fit the dress. It is extremely important that you order a size to fit the largest part of your body. If you are in between sizes, we recommend ordering the larger size and having the dress altered down. We are not responsible for measurements sent online or changes to your size for any reason, including but not limited to pregnancy, weight loss or weight gain. If a dress is too small for whatever reason, time permitting, extra fabric can be ordered from customer service at an extra charge. Please note that extra fabric may be cut from a different bolt of fabric, which may result in a slight dye lot variation from your dress(es). Please read the Dress Colors and Swatches section below for more information on colors. For detailed information about sizing, visit our Measurement Guide section. Dress Colors and Swatches Online images of product colors and actual dress and swatch colors may vary due to display and monitor settings. For products available in multiple colors, the color names will be displayed on the product page. For certain products such as bridesmaid dresses, we are able to display an image of available colors. Please contact customer service with questions regarding dress colors at info@kennedyblue.com. Delivery and Shipping Delivery When we receive your merchandise, we will inspect it for style, color, size, and defects, then ship the merchandise directly to the shipping address provided when you placed your order. You will be sent an email with tracking information and may be required to sign for the package once received. If a package is returned to us undeliverable, you are responsible to pay the re-shipping and handling of the merchandise. If your email address and/or shipping address changes, it is your responsibility to notify us. Shipping and Handling We ship to almost any address in the world. Carriers do not always deliver to select countries and certain products cannot be shipped to international destinations due to designer restrictions. If you order an item that we are unable to ship to your destination, we will contact you with any alternative shipping methods or provide the option to cancel the undeliverable items. We ship packages via FedEx, UPS, and United States Post Office. Shipping and handling costs depend on the shipping method you choose (Standard, 2-day, next day, etc.), the weight of the item, and the destination. Depending on your location, several shipping methods may be available. For merchandise shipping outside the continental U.S., our shipping and handling rates cover the cost to ship your merchandise. It does not cover any VAT taxes, customs, or duty charges a country may impose on the receiver of the package. Legal title to purchased products passes from Kennedy Blue to you upon shipment from our facility, and we are not responsible for any loss or damage that occurs during shipping. For more information regarding shipping, view our in-depth shipping policy located at https://www.kennedyblue.com/pages/shipping-information, which is incorporated herein by reference. A signature may be required for your package to be delivered. Therefore, we strongly recommend using a shipping address that has a receiving person to sign for the package. When the package leaves our shipping department, you will be emailed the carrier’s name, tracking number and the shipping date. To receive the package in a timely manner, we suggest using an address where someone can sign for the package. Defective Merchandise Standard Orders Upon receipt you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 21 days of receiving the merchandise for a return authorization (info@kennedyblue.com). Please explain in detail your issue or concern. If we determine that your claim of defect is valid and the merchandise received is defective in any way, Kennedy Blue will replace the item for you. Keep in mind that we can only replace a “made to order” item so long as there is enough time to receive it before your provided event date. If the event date takes place before the estimated time of delivery, a customer service representative will select an item from our “in- stock” collection to replace your item. If a customer receives a defective item, but prefers to have it altered, Kennedy Blue will partially reimburse the cost to fix the defects, in its sole discretion. Since dress alterations are expected with a standard bridesmaid’s dress, Kennedy Blue will not help with any other alteration fees. The alteration fees that Kennedy Blue will reimburse will not exceed the amount paid by you for the original merchandise. Special Orders All special ordered merchandise is brand new from Kennedy Blue. Once we receive your merchandise, we will carefully inspect the gown for correct style, sizes, colors, and defects and immediately ship the merchandise to you. Upon receipt, you must inspect your merchandise immediately. If you feel your merchandise is defective, you must contact us within 21 days of receiving the merchandise to request a return authorization (info@kennedyblue.com). Please explain in detail your issue or concern. If we determine that your claim of defect is valid, our customer service department will issue you a return authorization number. Once received, our fulfillment team will inspect the merchandise for defects. If we find that the merchandise is not defective or has been misused, the merchandise will be shipped back to you. We will incur shipping charges on defective merchandise, but we will NOT incur shipping charges on merchandise that is found not defective or misused. Force Majeure We shall not be liable for any delay or failure to perform any of our obligations to the extent such delay or failure is due to circumstances beyond our reasonable control, including but not limited to, fires, floods, explosions, accidents, acts of God, declared and undeclared wars or riots, strikes, lockouts or other concerted acts of workmen, acts of government, shortages of materials or any government act, omission, regulation, license, order or rule. Chargebacks If you file a chargeback with your bank against Kennedy Blue, we will keep all merchandise until the chargeback has been resolved by your bank. No refunds or cancellations will be processed until the chargeback is decided by your bank. SMS/Text Message and Consent The Kennedy Blue mobile message service (the “Text Service”) is operated by Kennedy Blue. We may modify or cancel the Text Service or any of its features without notice. By consenting to Kennedy Blue’s Text Service, you agree to receive recurring SMS/text messages from and on behalf of Kennedy Blue through your wireless provider to the mobile number you provided. Text messages may be sent using an automatic telephone dialing system or other technology. Text Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Kennedy Blue. Your participation in this program is completely voluntary. We do not charge for the Text Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Text Service at any time. Text the single keyword command STOP to +18332198884 or click the unsubscribe link (where available) in any text message to cancel. You will receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Kennedy Blue mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Text Service support or assistance, text HELP to +18332198884 or email info@kennedyblue.com We may change any short code or telephone number we use to operate the Text Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Text Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice. Warranty Disclaimer THE WEBSITE, AND ALL FUNCTIONALITY, INFORMATION, AND FEATURES THEREIN, IS PROVIDED "AS IS" AND KENNEDY BLUE HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, OTHER THAN THOSE EXPRESSLY PROVIDED FOR HEREIN. KENNEDY BLUE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. KENNEDY BLUE MAKES NO WARRANTY OF ANY KIND THAT THE WEBSITE, OR THE USE THEREOF, WILL MEET YOURS OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. Transmission of information via the internet is not completely secure. We cannot guarantee the security of your personal information transmitted via the Website. Any transmission of personal information is at your own risk. You acknowledge and agree that we are not responsible for circumvention of any privacy settings or security measures contained in the Website. Limited Liability All products that are special ordered may be subject to delays in manufacturing, shipping or unavailability of styles or colors ordered. Our legal liability for non-delivery of these items by the event date, for whatever reason, is limited to a full refund of the retail price you paid for those items. IN NO EVENT WILL KENNEDY BLUE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND SUSTAINED FROM ANY CAUSE RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR YOUR USE OF THE WEBSITE, ARISING OUT OF ANY LEGAL THEORY, WHETHER CONTRACT, NEGLIGENCE OR STRICT TORT LIABILITY. IN NO EVENT SHALL KENNEDY BLUE’S AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PRODUCTS SOLD ON THE WEBSITE OR YOUR USE OF THE WEBSITE, BE IN AN AMOUNT EXCEEDING THE RETAIL PURCHASE PRICE OF THE PRODUCTS PURCHASED ON THE WEBSITE AND PAID BY YOU TO KENNEDY BLUE IN THE PRIOR 12 MONTHS, OR $100, WHICHEVER IS GREATER. ANY LAWSUIT BY YOU AGAINST KENNEDY BLUE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES, ARISING OUT OF OR RELATING TO THE SUBJECT PRODUCTS OR THE WEBSITE, MUST BE MADE BY YOU PERSONALLY, NOT ON BEHALF OF ANY CLASS, AND FILED WITHIN ONE YEAR FROM THE EARLIER OF: THE SHIPMENT OF THE PRODUCTS BY KENNEDY BLUE, OR WHEN THE CLAIM ARISES. Indemnification You agree to defend, indemnify, and hold Kennedy Blue, its parent and affiliate entities, and all of its and their owners, officers, directors, employees, contractors and service providers, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website, your violation of applicable laws, rules or regulations, or your breach of these Terms. Special Offers and Promotional Codes Kennedy Blue may periodically present special offers with the purchase of selected merchandise. These special offers will be displayed on the www.kennedyblue.com home page and occasionally the product page of qualified merchandise. To receive a special offer, you will need to add the selected merchandise into your shopping cart and follow the steps until you complete the order process. We sometimes make available an alphanumeric code that can be used for promotions on the Website. These promotional codes may be found in print and/or online advertisements, through our newsletter, presented on the Website or circulated at events and through other means. Some of the specials offered by entering a promo code during checkout include free shipping, volume discounts, etc. The provisions for a promo code will be included with the code itself. If an expiration date or other condition is stipulated, please reference where you acquired the code for the exact requirements. Please note that promo codes are not redeemable for cash, and you must spend more than the discount price in order for a promotion to be applied. All promo codes will be temporarily disabled during special offers. Promotional codes will not be applied to previous purchases. Payment and Pricing Payment Method Through our shopping cart we accept Visa, MasterCard, Discover, American Express and PayPal. All payments must be in U.S. currency only. Pricing While Kennedy Blue strives to provide accurate pricing information, pricing or typographical errors may occur. We will not confirm the price of an item until you place your order. In the event that an item is listed at an incorrect price, we have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is priced incorrectly, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Taxes Kennedy Blue charges sales tax to select states with a sales tax nexus. We will charge the appropriate state and local sales taxes. You are solely responsible for any taxes due in connection with taxable products purchased. International Orders Shipments to destinations outside of the United States may be subject to additional taxes and fees, including but not limited to customs fees, excise taxes, and import duties. You are responsible for paying all such additional charges. You are also responsible for ensuring that the products you ordered may be legally shipped into the destination country. We are not responsible for any shipments that are seized, confiscated, or destroyed by government authorities in connection with an international shipment. Governing Law and Arbitration These Terms shall be governed by the laws of the State of Minnesota law without regard to its conflicts of law provisions. All claims and controversies arising from or relating to these Terms shall be and conclusively resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and any judgment upon any award rendered by the arbitrators may be entered in any court having jurisdiction. All questions as to the meaning of these Terms or as to the arbitrability of any dispute under these Terms shall be resolved by the arbitrators and their decision shall be final and binding and not subject to judicial review. All arbitration proceedings, and any other suit or claim arising out of these Terms or your use of the Website, shall be conducted in Ramsey County, Minnesota and you consent to the jurisdiction of the federal and state courts in Ramsey County, Minnesota over such matters. Costs of such arbitration proceedings shall be evenly split between Kennedy Blue on the one hand, and the party or parties adverse to Kennedy Blue on the other hand. You hereby irrevocably and unconditionally consent to the sole and exclusive jurisdiction of the courts of the State of Minnesota and of the United States of America located in the State of Minnesota for the enforcement of any arbitral award, waive any objection to the laying of venue of any such litigation in such court, and agree not to plead or claim in any such court that such litigation has been brought in any inconvenient forum. In the interest of resolving disputes between you and Kennedy Blue in the most expedient and cost-effective manner, you and Kennedy Blue agree that any dispute arising out of or in any way related to these Terms, including your receipt of text messages from Kennedy Blue or its service providers, will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms, or your receipt of text messages from Kennedy Blue or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND KENNEDY BLUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT. Notwithstanding subsection (a) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of you or Kennedy Blue to: (i) bring an individual action in small claims court (provided that, you provide Kennedy Blue of your intention to do so within 60 days of your purchase); (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim. Any arbitration between you and Kennedy Blue will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA") then in effect, as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Kennedy Blue. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The Federal Arbitration Act will govern the interpretation and enforcement of this Section 14. Notice; Process. If you or Kennedy Blue intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Kennedy Blue address for Notice is: 1420 Perron Rd E. Suite 100. Mendota Heights, MN 55120, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Kennedy Blue will make good faith efforts to resolve the claim directly (to the extent a resolution is commercially reasonable), but if you and Kennedy Blue do not reach an agreement to do so within 30 days after the Notice is received, you or Kennedy Blue may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Kennedy Blue must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Terms, Kennedy Blue will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance-based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Kennedy Blue for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Kennedy Blue agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Kennedy Blue made within 14 days of the arbitrator's ruling on the merits. No Class Actions. YOU AND KENNEDY BLUE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Kennedy Blue agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Terms, if Kennedy Blue makes any future change to this arbitration provision, other than a change to Kennedy Blue address for Notice, you may reject the change by sending us written notice within 30 days of the change to Kennedy Blue address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Kennedy Blue. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Terms shall remain in full force and effect. Content Kennedy Blue attempts to be as accurate as possible in its product descriptions; however if you find a product is not as described, please contact us at info@kennedyblue.com. Kennedy Blue is not responsible or liable for any descriptions provided by our manufacturers that are inaccurate. Proprietary Rights All content included on or comprising the Website, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) is protected by and subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kennedy Blue, LLC., one of its affiliates, or by third parties, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under U.S. and international copyright laws, and Kennedy Blue, LLC. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not use material displayed on the Website for any commercial purposes without the written permission of one of our authorized representatives. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Kennedy Blue, LLC. logos and other trademarks on the Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Kennedy Blue, LLC. and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner. Notification of Copyright Infringement Under the Digital Millennium Copyright Act It is our policy to respond to and investigate notices of alleged copyright infringement by third parties and take appropriate action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (the “DMCA”), where applicable. Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our DMCA Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Website, please notify us by contacting our DMCA Agent at the contact information below. Effective notifications under the DMCA must be in writing and include the following information: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kennedy Blue, LLC. to locate the material; Information reasonably sufficient to permit Kennedy Blue, LLC. to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Kennedy Blue’s designated DMCA Agent can be contacted as follows: By Mail: Jim Fritz DMCA Agent Kennedy Blue, LLC. 1420 Perron Rd E. Suite 100. Mendota Heights, MN 55120 By E-mail: info@kennedyblue.com By Phone: 1-651-294-7199 Third-Party Sites The Website may contain links or other connections to gain access to websites and social networks that are not under the control of or operated by Kennedy Blue, but rather are exclusively controlled and operated by third parties (collectively, “Third-Party Sites”). You may be transferred to a Third-Party Site even though it appears that you are still in our Website. These Third-Party Sites are subject to different terms and conditions and privacy policies. You agree that your use of Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions. Kennedy Blue is not liable for your use of any Third-Party Site. Miscellaneous Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law. You may not assign rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without our prior written consent. These Terms and the Privacy Policy, and any other terms presented to you in connection with your purchase of a product, constitute the sole and entire agreement between you and Kennedy Blue regarding the Website and any products purchased, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website and any products purchased. Contact For questions about this Website or these Terms, please contact us at: Kennedy Blue 1420 Perron Rd E. Suite 100 Mendota Heights, MN 55120 Email: info@kennedyblue.com Phone: 651-294-7199
$99 Bridesmaid Dress Sale! Ends 12/26
$99 Bridesmaid Dress Sale! Ends 12/26