Here is everything you need to know:
Here is everything you need to know:
What Is the HOME FITTING ROOM Shopping Experience?
The Home Fitting Room shopping experience brings together the ease and convenience of shopping online with the confidence one gets from seeing and trying-on the swimwear before making a purchase in a store. As an added perk, you get to try on the swimwear in the comfort of your home and not the overcrowded, poorly lighted fitting rooms we all have grown to dislike. Trying the swimwear at home is FREE, shipping is FREE and returns are FREE!
How Does It Work?
Pick out (6) six pieces from our perfectly curated selection of swimwear to try-on in the comfort of your home. Once you receive your package, you will have (3) three business days to try them on. Inside your package you will find the amazing pieces you selected and a FREE disposable panty to be used underneath the swimwear when you are trying them on (we are clean freaks and so should you when it comes to swimwear!). You stay with the pieces that make you look and feel fabulous and for those that were not the right fit, simply place the swimwear with original tags and protective panty liner back in the bag you received them, remove the paper strip covering the tape, seal the bag and adhere the prepaid return label to the surface of the bag. Before the end of the third business day after receiving your package, drop off the bag at your nearest USPS store or place the package in the blue USPS mailboxes. Once the package is postmarked, we will know it’s on its way and you returned your items on time. Once we receive your return package, we will only charge you for any items that you kept and any items that were not returned in the new condition it was sent (see Condition of Swimwear Guidelines). All charges will be made to the credit card you placed on file.
If nothing is postmarked by the end of the third business day, we will know you loved all your swimwear (which we knew you would) and on the following business day charge you for those pieces with the credit card information we have on file, subject to taxes where applicable. Since we only count business days you don’t have to worry about returning items on the weekend or holiday – we prefer you use that time to show off your new swimwear!
We know life could be complicated but here at VERANERA we are all about making living easy so if something comes up and you couldn’t return your package on time just give us a call and we can make new arrangements.
How Many Pieces Can I Choose?
You can choose up to (6) six pieces in your HOME FITTING ROOM BAG. The system will count each bikini top as (1) one piece, each bikini bottom as (1) one piece and each one-piece swimsuit as (1) one piece. You will be able to choose up to (3) three bikini sets or (6) six one-piece swimsuits or any combination that adds to (6) six pieces. You can choose multiple sizes of the same style but the system will not allow you to repeat the same style and size.
How Do I Select My Pieces?
Browse our collection and choose any style you like. Below the “Add to Bag” button you will find the “Add to Home Fitting Room” button. In order to add the item, first select the size you want and make sure the quantity selected is (1) one. If you have a quantity greater than (1) one, the system will not allow you to add the item to your Home Fitting Room. If you select a size you already have in your Home Fitting Room, the button will disappear and it will say “Product already in the list”. If you already have (6) six pieces in your Home Fitting Room, the button will no longer appear when you search products and instead there will be a message saying “You are allowed to add only 6 products to your Home Fitting Room List”.
Why Do I Need to Create an Account?
In order to enjoy the Home Fitting Room shopping experience, you will be required to create an account. When you create an account you will be providing us with the necessary information to determine if you are eligible for the Home Fitting Room shopping experience. The Home Fitting Room is currently available to only U.S. customers and customers with valid U.S. credit cards. The shipping and billing addresses and credit card information you provide when you create an account will help us determine this eligibility. Rest assured that VERANERA has taken all the necessary security measures to keep your information secure and private.
What Happens After I Send a Home Fitting Room Shopping Experience Request?
Once VERANERA receives the request, our team will verify the shipping and billing addresses and credit card information provided. In order to verify the credit card, VERANERA will make a pre-authorization on your credit card. Don’t worry, we are not charging you for the Home Fitting Room shopping experience, its FREE, the pre-authorization is simply a way to prevent fraud. A credit card pre-authorization is much like any other charge to a credit card, except instead of actually debiting funds from your card we just put a temporary “hold” on the funds that lasts about a week. Once the pre-authorization expires, the funds will be released by the card issuing bank back to you. After your information has been verified, our team will meticulously package the requested swimwear and we will advise you through email when the package has been shipped and provide you with the order tracking number.
Does the Home Fitting Room Have Any Shipping Costs?
No, es Gratis! With the Home Fitting Room shopping experience all U.S. standard shipping and returns are FREE. For your convenience, we include a prepaid return label with every package. If you need expedited shipping, please add that as a comment in your request. We will then contact you to let you know the cost of expedited shipping and will charge your card on file only if you agree.
At VERANERA we love our swimwear and strive to keep all our inventory in mint condition. All our garments are handled carefully and with the highest standards of cleanliness. We trust that our customers will do the same. To help our customers maintain the new condition of the swimwear, we provide FREE disposable panties to be used underneath the garments and all swimwear include a protective panty liner which cannot be removed until purchased.
New condition means the items have been unused, unworn, unwashed, do not have any stains or foul odors, any beadwork or lace is not damaged, the original tags are still on and untampered, and the protective panty liner is in place and with no signs of having been temporarily removed. Items returned with obvious use, makeup, deodorant, perfume, or similar product stains will be subject to refusal.
To avoid any potential disputes, all swimwear purchased is photographed with a time stamp prior to shipping. When items are returned, they are compared to the photographs to ensure their new condition was preserved. If there are any damages to the returned items, we will photograph the damages and send it to you to avoid any discrepancies. Since damaged inventory can no longer be used, we will need to charge you full retail price for those items, subject to taxes where applicable. We will notify you of which items were damaged and photographs will be provided at your request. If you want to keep the damaged items, we will ship the items back to you at your expense.
How Much Is Domestic Shipping?
✧ All U.S. Standard Orders have Free Shipping
✧ USPS First Class (2-8 Business Days): Free
✧ USPS Priority Mail with tracking (1-3 Business Days): $7
✧ USPS Priority Mail Express (Overnight): $24
How Much Is International Shipping?
✧ USPS Priority Mail International Canada (6-10 Business Days): $35
✧ USPS Priority Mail International (6-10 Business Days): $24 and up
✧ USPS Priority Mail Express International (3-5 Business Days): $40.95 and up
If you would like to request a different shipping method please contact us at email@example.com.
Is There Sales Tax?
Sales tax will be added to all purchases shipped to the State of New York.
All International packages may be subject to VAT, import duties and/or taxes. VERANERA ships your package “duties and taxes unpaid”. For more information regarding your country’s custom policies, please contact your local customs office.
What Is the Processing Time?
We normally fulfill our orders the next business day. Any orders received from Friday through Sunday will ship out on Monday.
Please make sure that you are using the same billing address and contact information as it appears on your credit statement. If your information does not match up, your order could be delayed or cancelled.
When specifying shipping address, please make sure the information is correct, apt. number, zip code, etc or your order will be delayed or cancelled.
How Can I Track My Package?
Log in to your account >> Go to “Orders” >> Click on the tracking link that appears in each item
Can Orders Be Modified or Cancelled?
Once an order is submitted, it can not be modified or cancelled. Multiple orders can not be combined. Orders will not be refunded for packages that are not accepted by the recipient upon delivery.
RETURNS & EXCHANGE
How Much Is a Return?
All U.S standard returns are free.
What Is the Return Policy?
Items purchased through standard process: We have a 14 day, hassle free return policy. If you aren’t satisfied, you can receive a full refund issued to your original payment method. Refunds cannot be returned to alternate cards or different forms of payment. We accept returns postmarked within 14 days from the date your order was delivered.
Items purchased through the Home Fitting Room shopping experience: We have a 3 day, hassle free return policy. You can return the items you don’t want, but those items you keep are considered final sale.
Items must be returned in the new conditions they were received or else they are subject to refusal. Please refer to our “Condition of Swimwear Guidelines”.
Shipping charges on expedited orders are not refundable.
International orders are final sale.
Please note that all SALE and DISCOUNTED items are final sale.
How Can I Return a Package?
All orders contain a PREPAID return mailing label. All bags are reusable.
Items purchased through standard process: place your items inside the return bag in which you receive them, remove the paper strip covering the tape, seal the bag and adhere the prepaid return label to the surface of the bag. Please include the invoice and indicate whether you would like to return or exchange the item(s). For exchanges, make sure you include the size or style you would like to exchange your item for. To guarantee the item you want in exchange is available, give us a call and let us know which item you would like so we create a hold on that item.
Items purchased through the Home Fitting Room shopping experience: place your items inside the return bag in which you receive them, remove the paper strip covering the tape, seal the bag and adhere the prepaid return label to the surface of the bag. In the invoice please indicate the items you are returning.
To send the package, simply drop it off at any USPS office location or in a blue USPS mailbox.
How Long Does It Take to Get a Refund?
Items purchased through standard process: Please note that it can take several business days for your refund to be reflected on your credit card statement which will depend on your financial institution. We will notify you by email when the package you returned is received and the refund has been processed.
Items purchased through the Home Fitting Room shopping experience: Items are never charged to your credit card, therefore there are no refunds to be processed.
What Credit Cards Do You Accept?
We accept American Express, Visa, Master Card and Discover credit card payments. We do not accept personal checks, money orders, direct bank deposits or PayPal.
Is My Information and Payment Secured?
At VERANERA, we strive to maintain the highest levels of security and have zero tolerance for fraud. Rest assured, all your personal information is safe with us. All transactions submitted are encrypted with Secure Socket Layer (SSL) software which encrypts information you provide to protect it from interception by third parties.
For credit card payments and storage of credit card information, VERANERA has carefully chosen to work with Stripe as our payment gateway. This means your credit card data is never sent to our server, instead, the data is sent directly to Stripe’s secure servers.
At VERANERA we are all about making living easy – we curate the best styles for you, provide you with a Home Fitting Room shopping experience, returns and exchanges are made hassle free, and we built a website that provides you with a safe and secure environment that’s visually and functionally enjoyable to use. In the interest of providing our customers with all these great services, VERANERA needs to collect certain personal and anonymous information. We know that trust is not built overnight, so at VERANERA we have taken extra precautions to protect the information our customers entrust us with.
VERANERA Collects Your Personal Information When You:
✧ Subscribe to our email communications
✧ Vote for an item restock
✧ Create an account
✧ Place orders
You are welcome to visit our site anonymously but you will be limited to only viewing our products and services. In order to make a purchase or use our services like the Home Fitting Room shopping experience, you will need to provide us with personal information.
What Type of Personal Information is Collected?
When signing up for our email communications we will ask you for your email address. This email address will be used solely for the purpose of providing you with the latest information on our newest arrivals, specials, sales, and other events occurring at https://shopveranera.com/. Your email address will not be shared with or sold to third party vendors. If at any time you decide you no longer want to receive our awesome communications, you have the option to “Unsubscribe” and your email address will be deleted from our database.
If you find an item you love but your size is out of stock, you have the option to vote for a restock and provide us with your email address. We will only contact you once the item is available. We will not sign you up for other email communications without your prior consent.
When you register to create an account, we will ask you for your email address and to create a password. Once the account is created you will have the option to provide information like your name, mailing address, shipping address, phone number, credit card information or other information. This information will be securely stored by us and used to enhance your shopping experience and facilitate an easier check-out, shipping and return process. If at any time you decide you no longer want share certain information with us, you can modify your account profile and delete this information. If at any time you decide you no longer want to have an account with us, you can send an email to firstname.lastname@example.org and ask to have your account deleted. Once your account is deleted, any information we have in our database regarding your account will be deleted as well.
The Home Fitting Room shopping experience will require you to create an account and provide your name, billing address, shipping address, phone number and credit card information in order to use this site feature. Even though you may modify your account details or ask to delete the account after we shipped your Home Fitting Room package, we will not delete or modify any of the information we have stored in our database until you have been charged for the items you choose to keep and all other items have been returned in their original condition.
You may purchase items on our site without creating an account but at checkout we will ask you for your name, e-mail address, billing address, shipping address, phone number, credit card information or other information. Unless you specify that you want us to save this information for future use, we will not store this information in our database.
VERANERA Collects Other Information Automatically When You:
✧ Surf our website
✧ Add items to Your Favorites
✧ Add items to Your Shopping Cart
In order to enhance your shopping experience, https://shopveranera.com/ uses “cookies” as most website do. These cookies are received and stored automatically when you visit our website or use certain site features. A “cookie” is a text file that a website or its service provider transfers to visiting computers or devices to identify the visitor and capture and remember certain information like your favorites or items in your shopping cart. We may also use third-party website analytics tools, like Google Analytics, that collect information about visitor traffic and our customer’s interaction with the website. This information is used solely for the purpose of understanding our customer’s preferences and to help us improve their user experience. While most web browsers automatically accept cookies, you can usually modify your browser setting to decline cookies if you prefer. We do not recommend this as it may prevent you from taking full advantage of our website’s features.
VERANERA’s Links to Social Media:
VERANERA uses social media as a marketing tool and as a means to interact with our customers. Our website contains links to these social media sites like Instagram and Facebook, however, once you have used these links to leave our site, we do not have any control over these websites. We do not take any responsibility for their privacy and security practices. Your use of those websites are subject to their Privacy Policies and Terms of Service.
VERANERA’s Commitment to Information Protection and Security Measures:
At VERANERA, we take data protection as serious as great swimwear, without both, our business model will not work. Your trust and safety is very important to us so we have taken the following security measures to maintain the highest levels of security and protection against fraud:
Our website uses Hyper Text Transfer Protocol Secure (HTTPS) which is the secure version of HTTP, the protocol over which data is sent between your browser and our website. This means all communications between your browser and our website are encrypted, helping ensure the privacy and integrity of our data exchange
Access to personal information stored in our database is limited to authorized personnel only and stored behind secured networks
For credit card payments and storage of credit card information, VERANERA has carefully chosen to work with Stripe as our payment gateway. This means your credit card data is never sent to our server, instead, the data is sent directly to Stripe’s secure servers. Since Stripe processes transactions on its own network, you don’t have to worry about hackers accessing your credit card information on our server. Stripe’s client libraries and mobile API meet such industry standards as PCI-DSS requirements and is also certified as PCI Service Provider Level 1, the highest level of security certification for the payment card industry.
VERANERA is committed to staying at the forefront of cyber security to ensure your information is safe but please note that just like technology is ever evolving, cyber-attacks are too, and it is impossible for us to guarantee the transmission of your information will be 100% secure.
Welcome to https://shopveranera.com/ (the “VERANERA Site”), a website owned and operated by Veranera Holdings, LLC. The following Terms of Service for the VERANERA Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 18 years of age (“You”), and Veranera Holdings, LLC – regarding your use of the VERANERA Site. Visitors and users of the VERANERA Site are referred to individually as “User” and collectively as “Users”.
Please read carefully the following terms of service. By registering for, accessing, browsing, or using the VERANERA Site, You acknowledge that You are receiving a benefit from Veranera Holdings, LLC, and that You have read, understood, and agree to be bound by the following terms and conditions (without modification), including any additional guidelines and future modifications made by Veranera Holdings, LLC (collectively, the “terms”).
Eligibility. the VERANERA Site is not available to persons under the age of 18 or to any Users previously suspended or removed from the VERANEA Site by Veranera Holdings, LLC. By using the VERANERA Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the VERANERA Site by Veranera Holdings, LLC.
Individual Features and Services. When using the VERANERA Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into these Terms.
Modification of these Terms. Veranera Holdings, LLC reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the VERANERA Site after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the VERANERA Site.
Pricing and Product Descriptions. Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.
We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors You see depend on your monitor or device, and thus we cannot guarantee that the colors of products You see when viewing the Website will be accurate.
Order Limitations. We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.
Home Fitting Room Shopping Experience. Products ordered through the Home Fitting Room shopping experience are limited to 6 pieces of swimwear (Bikini tops and bottoms are considered individual pieces) and no style can be repeated with the same size. The Home Fitting Room is currently available to only U.S. customers and customers with valid U.S. credit cards. The shipping and billing addresses and credit card information You provide when You create an account will help us determine this eligibility. By providing Your payment information and submitting a request for a Home Fitting Room package, You are authorizing Veranera Holdings, LLC to make a $1 pre-authorization to your credit card. By not returning the items within 3 days after receiving the package or by keeping any of the items, You are authorizing Veranera Holding, LLC to charge the retail price those items had at the time of making the Home Fitting Room request plus any applicable sales tax to your credit card on file. By failing to return the items in their new condition, You are authorizing Veranera Holding, LLC to charge the retail price those items had at the time of making the Home Fitting Room request plus any applicable sales tax to your credit card on file. Please refer to our FAQs – The Home Fitting Room for more information, all of which is incorporated herein by reference.
Shipping, Returns & Exchange Policies. Please refer to our Shipping, Returns & Exchange Policies for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference. We accept returns postmarked within 14 days from the date your order was delivered. Refunds are issued to your original payment method. Refunds cannot be returned to alternate cards or different forms of payment. Returns must be received in new condition; unused, unworn, unwashed with the hygienic liner intact. Items returned with obvious use, makeup, deodorant, perfume, or similar product stains will be subject to refusal. For more information please refer to our Condition of Swimwear guidelines which are incorporated herein by reference.
Risk of Loss. This risk of loss and title for all products you order passes to You upon our delivery to the carrier USPS or any other carrier we may use from time to time such as UPS or FedEX.
Prohibited Conduct. By using the VERANERA Site You agree not to:
use the VERANERA Site for any purposes other than to access the VERANERA Site as such services are offered by Veranera Holdings, LLC;
post, upload, or distribute any defamatory, libelous, or inaccurate content;
post, upload, or distribute any other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the VERANERA Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the VERANERA Site, or perform any other similar fraudulent activity;
delete the copyright or other proprietary rights on the VERANERA Site;
use the VERANERA Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
use the VERANERA Site if You are under the age of 18 years old;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the VERANERA Site, features that prevent or restrict use or copying of any content accessible through the VERANERA Site, or features that enforce limitations on the use of the VERANERA Site;
reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the VERANERA Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
modify, adapt, translate or create derivative works based upon the VERANERA Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
intentionally interfere with or damage operation of the VERANERA Site or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
Account. When You use the VERANERA Site to purchase any products, services, or information from Veranera Holdings, LLC, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password. You agree that the information You provide to Veranera Holdings, LLC on registration, upon an inquiry or order and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Veranera Holdings, LLC at email@example.com and ask for you account to be deleted. You may be liable for the losses incurred by Veranera Holdings, LLC or others due to any unauthorized use of your VERANERA Site account.
Third-Party Sites, Products and Services; Links. The VERANERA Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). Veranera Holdings, LLC does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the VERANERA Site are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
Veranera Holdings, LLC. You agree that Veranera Holdings, LLC, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Veranera Holdings, LLC or your use of the VERANERA Site and remove and discard all or any part of your account, User profile, at any time. Veranera Holdings, LLC may also in its sole discretion and at any time discontinue providing access to the VERANERA Site, or any part thereof, with or without notice. You agree that any termination of your access to the VERANERA Site or any account You may have or portion thereof may be affected without prior notice, and You agree that Veranera Holdings, LLC will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Veranera Holdings, LLC may have at law or in equity.
You. Your only remedy with respect to any dissatisfaction with (i) the VERANERA Site, (ii) any term of these Terms of Service, (iii) Guidelines, (iv) any policy or practice of Veranera Holdings, LLC in operating the VERANERA Site, or (v) any content or information transmitted through the VERANERA Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with the VERANERA Site and discontinuing use of any and all parts of the VERANERA Site.
Ownership; Proprietary Rights. The VERANERA Site is owned and operated by Veranera Holdings, LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the VERANERA Site provided by Veranera Holdings, LLC (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Materials contained on the VERANERA Site are the property of or licensed by Veranera Holdings, LLC or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Veranera Holdings, LLC or its affiliates and/or third-party licensors. Except as expressly authorized by Veranera Holdings, LLC, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Veranera Holdings, LLC reserves all rights not expressly granted in this Terms of Service.
User Reviews, Photos and Comments. Anything posted or otherwise submitted to Veranera Holdings, LLC whether on the VERANERA Site or via any form of social media (including by submitting an image to your social media using #shopveranera or other VERANERA Site branded hashtag), will be treated as public and nonproprietary. By submitting photographs, comments or other materials to the VERANERA Site, you grant the VERANERA Site a royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, publish and modify such submissions. All such submissions shall automatically become the VERANERA Site’s sole and exclusive property. In addition, when you post photographs, reviews or comments to the VERANERA Site on any of VERANERA Site’s social media networks, you also grant us the right to use the name that you submit, if any, in connection with that submission. You further represent and warrant that you own or otherwise control all rights to any content submitted to the VERANERA Site. The VERANERA Site respects the intellectual property of others, if You believe that any content on the VERANERA Site constitutes an infringement of Your copyrights please contact firstname.lastname@example.org.
Indemnification. You agree to indemnify, save, and hold Veranera Holdings, LLC, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the VERANERA Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Veranera Holdings, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Veranera Holdings, LLC, and You agree to cooperate with Veranera Holdings, LLC defense of these claims. Veranera Holdings, LLC will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties.
No Warranties. To the fullest extent permissible pursuant to applicable law, Veranera Holdings, LLC, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Veranera Holdings, LLC or through the VERANERA Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section “Disclaimers; No Warranties” the term Veranera Holdings, LLC includes Veranera Holdings, LLC officers, directors, employees, shareholders, agents, licensors and subcontractors.
“As is” and “As available” and “With All Faults”. You expressly agree that use of the VERANERA Site is at your sole risk. The VERANERA Site and any data, information, third-party software, reference sites, services, or applications made available in conjunction with or through the VERANERA Site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
Content. Veranera Holdings, LLC, its suppliers, licensors, affiliates, and partners do not warrant that the data, functions, or any other information offered on or through the VERANERA Site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
Accuracy. Veranera Holdings, LLC, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the VERANERA Site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
Harm to Your Computer. You understand and agree that You use, access, download, or otherwise obtain information, materials, or data through the VERANERA Site (including RSS feeds) or any reference sites at your own discretion and risk and that You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
Limitation of Liability and Damages.
Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will Veranera Holdings, LLC or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use of or your inability to use the VERANERA Site or any reference sites, or any other interactions with Veranera Holdings, LLC, even if Veranera Holdings, LLC or a Veranera Holdings, LLC authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. In such cases, Veranera Holdings, LLC liability will be limited to the fullest extent permitted by applicable law.
Limitation of Damages. In no event will Veranera Holdings, LLC or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to You for all damages, losses, and causes of action arising out of or relating to these terms or your use of the VERANERA Site or your interaction with other VERANERA Site Users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by You, if any, for accessing the VERANERA Site during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
Reference Sites. These limitations of liability also apply with respect to damages incurred by You by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than Veranera Holdings, LLC and received through or advertised on the VERANERA Site or received through any reference sites.
Basis of the Bargain. You acknowledge and agree that Veranera Holdings, LLC has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Veranera Holdings, LLC, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between You and Veranera Holdings, LLC. Veranera Holdings, LLC would not be able to provide the VERANERA Site to you on an economically reasonable basis without these limitations.
Limitations by Applicable Law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.
Notice. Veranera Holdings, LLC may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the VERANERA Site. Notice will be deemed given twenty-four hours after email is sent, unless Veranera Holdings, LLC is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the VERANERA Site. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the VERANERA Site is deemed given thirty days following the initial posting.
Waiver. The failure of Veranera Holdings, LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Veranera Holdings, LLC.
Dispute Resolution and Arbitration.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.
Arbitration. For any claim related to these Terms of Service or the VERANERA Site, excluding claims for injunctive or other equitable relief, where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either Veranera Holdings, LLC or You may elect at any point in or during a dispute or proceeding to resolve the claim through binding non-appearance- based arbitration. A party electing arbitration shall initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or Veranera Holdings, LLC will be filed only in the state or federal courts in and for New York County, New York, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action, except as provided in Section “Arbitration”. Notwithstanding this, either party shall still be allowed to apply for injunctive or other equitable relief to protect or enforce that party’s intellectual property rights in any court of competent jurisdiction where the other party resides or has its principal place of business.
Improperly Filed Claims. All claims You bring against Veranera Holdings, LLC must be resolved in accordance with this Section “Dispute Resolution and Arbitration”. All claims filed or brought contrary to this Section “Dispute Resolution and Arbitration” shall be considered improperly filed. Should either party file a claim contrary to this Section “Dispute Resolution and Arbitration”, the other party may recover attorneys’ fees and costs up to one thousand U.S. Dollars ($1,000.00 USD), provided that such party seeking such fees has notified the other in writing of the improperly filed claim, and the other has failed to promptly withdraw the claim.
Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
Assignment. These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Veranera Holdings, LLC without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration.
Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
Claims. You and Veranera Holdings, LLC agree that any cause of action arising out of or related to the VERANERA Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Disclosures. The VERANERA Site is hosted in the United States, and the services provided here under are offered by Veranera Holdings, LLC.