Terms & Conditions

RISK OF LOSS

All items purchased from Grayce by Molly Sims are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

Grayce by Molly Sims attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Grayce by Molly Sims itself is not as described, your sole remedy is to return it in unused condition.

INDEMNITY

User agrees to indemnify, defend, and hold Grayce by Molly Sims harmless from any demand, claim, liability, cost and expense, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

User accepts full responsibility for all activities that occur within such user's Grayce by Molly Sims account.

DISCLAIMERS AND LIMITATION OF LIABILITY

THE GRAYCE BY MOLLY SIMS SITE IS PROVIDED BY GRAYCE BY MOLLY SIMS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GRAYCE BY MOLLY SIMS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, GRAYCE BY MOLLY SIMS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE GRAYCE BY MOLLY SIMS SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE GRAYCE BY MOLLY SIMS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE GRAYCE BY MOLLY SIMS SITE; OR (IV) THAT THE GRAYCE BY MOLLY SIMS SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF GRAYCE BY MOLLY SIMS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

GRAYCE BY MOLLY SIMS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE GRAYCE BY MOLLY SIMS SITE OR ANY RELATED SERVICES. THE OPERATION OF THE GRAYCE BY MOLLY SIMS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GRAYCE BY MOLLY SIMS.

UNDER NO CIRCUMSTANCES SHALL GRAYCE BY MOLLY SIMS BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE GRAYCE BY MOLLY SIMS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE GRAYCE BY MOLLY SIMS SITE, OR THE FAILURE OF GRAYCE BY MOLLY SIMS TO PROVIDE ANY SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO GRAYCE BY MOLLY SIMS 'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE GRAYCE BY MOLLY SIMS SITE.

GRAYCE BY MOLLY SIMS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE GRAYCE BY MOLLY SIMS SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF GRAYCE BY MOLLY SIMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER BY OPERATION OF LAW, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

APPLICABLE LAW; JURISDICTION

The Grayce By Molly Sims Site is created and controlled by Grayce/FP, LLC in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Grayce by Molly Sims and User each agree to submit to the nonexclusive personal jurisdiction of the courts located within New York County, New York and waives any objection to the laying of venue of any litigation in said courts.

DISPUTE RESOLUTION

For any claim or controversy at law or equity that arises out of the Terms of Use, the Grayce By Molly Sims Site or any Grayce By Molly Sims service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or Grayce By Molly Sims may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York or in the United States county where the defendant is located (in the case of Grayce By Molly Sims , New York County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in New York County, New York).

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

Grayce By Molly Sims shall make all reasonable efforts to comply with these terms of use; however, this policy should not be construed as a contractual undertaking and Grayce By Molly Sims cannot warrant the security of any information transmitted to us. By transmitting personal information to us through the internet, you are accepting any and all risks associated with doing so. In addition, you are responsible for taking appropriate measures to protect and secure all passwords, log-in, or account information.