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Terms Of Service

 

  1. ACCEPTANCE OF TERMS Charlotte’s Closet, LLC., a New York corporation (hereinafter referred to as "we," "us," "our," or "CHARLOTTE’S CLOSET, LLC."), makes this website, including all images, information, documents, communications, files, text, graphics, software including products available through the site (collectively, the "Website Content") and all services operated by CHARLOTTE’S CLOSET, LLC. and third parties through the site, available for your use subject to the terms and conditions set forth in this document and any changes to this document that CHARLOTTE’S CLOSET, LLC. may publish from time to time (collectively, the "Agreement"). "User Content" as used in this Agreement means all images, information, documents, communications, files, text (including user comments and reviews) and graphics that you or another site user uploads. These terms and conditions are also a legal agreement between you and CHARLOTTE’S CLOSET, LLC., establishing terms and conditions under which you will submit information to, and borrow garments, clothing and accessories (each a "Product" or "Products") or any other products or services introduced from time to time from CHARLOTTE’S CLOSET, LLC. via our website at www.charlottes-closet.com (including any smartphone sites and any CHARLOTTE’S CLOSET, LLC. applications) (hereinafter the "Website"). By accessing or using this Website in any way, including, without limitation, use of any of the Products or Services, downloading of any Website Content, Borrowing of any items or merely browsing the Website, you agree to and are bound by this Agreement. You further agree that these this Agreement will govern your relationship with CHARLOTTE’S CLOSET, LLC., whether you access our Products or Services through the Website, through a mobile device or application or through a third party site, such as Facebook or other website.

This Website accommodates Visitors, Guests and Borrowers (who borrow products). As used in this Agreement, the term "user" or "you" refers to you whether you are a Visitor, Guest or Borrower.

BEFORE YOU CLICK ON THE "SUBMIT" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "SUBMIT" BUTTON OR ORDERING THE PRODUCTS, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK THE "SUBMIT" BUTTON AND YOU WILL NOT BE PERMITTED TO USE OUR SERVICES OR ORDER OUR PRODUCTS. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO ALL THE PRODUCTS AND SERVICES BEING OFFERED BY CHARLOTTE’S CLOSET, LLC. AFTER THE DATE OF SUCH CHANGE.

You agree and acknowledge that through CHARLOTTE’S CLOSET, LLC. you are borrowing the Products and that ownership of the Products remains with CHARLOTTE’S CLOSET, LLC. at all times. We lend our Products only to adults who may borrow products with a credit card or other approved payment method or to a minor who acts through their parent or guardian. As such, you represent that you are 18 years old or older, or that you are the parent or guardian of a minor.

The number of Products that can be borrowed by you at any particular time depends on the products you are borrowing. For more information about our various products, please visit our page at https:// charlottes-closet.com. All products limit the maximum number of Products in your possession at any given time, in accordance with the selected products. Accordingly, be sure to carefully review all limitations prior to borrowing a particular product.

CHARLOTTE’S CLOSET, LLC. reserves the right to change this Agreement and other guidelines or rules posted on the Website from time to time at its sole discretion. Your continued use of the Website, or of any Website Content or Services accessible through it (including the continued borrowing of Products), after such notice has been posted constitutes your acceptance of the changes. Your use of the Website will be subject to the most current version of this Agreement, rules and guidelines posted on the Website at the time of such use. You should periodically check this Agreement to view the then current terms. If you breach any of the terms of this Agreement, your authorization to use this Website automatically terminates.

 

  1. THE CHARLOTTE’S CLOSET, LLC. SERVICE The Services allows borrowers (referred to as "Borrowers") to access the Website and borrow Products from CHARLOTTE’S CLOSET, LLC. in accordance with the Borrower's selected products and these terms and conditions. With payment of the fee, the Borrower can choose Products to borrow from our online selection, and have them shipped to the Borrower's address. The specific rules that govern the borrowing of Products vary and will depend on the particular products you select; these rules are outlined on our website. We limit the number of Products that a Borrower may borrow at any one time, and such limitation depends on your particular products. Keep in mind that for purposes of determining the number of items you may borrow at any particular time, Products are considered borrowed and in your possession while in transit and until the Products are delivered to us. The available options are outlined in detail on the Website. Delivery time for a Product a Borrower selects to borrow may vary based upon inventory availability, the Borrower's delivery address, the time when a Borrower places an order, the number of items the Borrower already has in their possession, and other circumstances impacting delivery. As such, CHARLOTTE’S CLOSET, LLC. is unable to make any guarantees as to actual delivery time. The risk of loss for Products shipped passes to the Borrower upon the delivery of the Product(s) to the Borrower at his or her address. Likewise, we will bear the risk of loss once you deliver the Products(s) to our chosen carrier with our return labels affixed to the products. In order to demonstrate that this shift of liability has occurred, you must record the tracking number of the return envelope. Without this information, the assumption of liability will remain with you until the Product(s) are delivered to CHARLOTTE’S CLOSET, LLC. At all other times, you bear the risk of loss and are responsible for the Product(s).

We reserve the right to require the return of any or all borrowed Products in the Borrower's possession in the event the Borrower fails to make required payments on time or in the event other factors arise which, in our sole discretion, increase the risk of non-timely payment by the Borrower.

 

  1. SHIPPING, ORDERS AND RETURNS Subject to the limitation that you may have only a certain number of Products in your possession at any one time depending on your products, you may order and return Products as many times as you wish while you are a Borrower, provided that this is permitted based on the products ordered. In addition, with every Product shipped to you we include a return label for which postage has already been paid, so that you can return Products with absolutely no additional shipping costs. If, however, you lose the return shipping label, you will be responsible for shipping costs. If you order a Product while you are in possession of the maximum number of Products that are permitted based on the Products borrowed we will wait until you have returned one or more of the Products before shipping out the next Product.  If you lose the return packaging and label, you are responsible to return items by expected due date at your own expense and providing CHARLOTTE’S CLOSET, LLC. with a tracking number.  Returns should be sent to the following address: 

          Charlotte's Closet 

            14 Vanderventer Suite L5

            Port Washington NY 11050

            Atn: Returns Dept

 

  1. BECOMING A BORROWER or HOME TRY ON SERVICE Before you can begin use of the Services, you must register as a Borrower through the Website and obtain an account ("Account"). You must have a valid credit card and Internet access to use our service. By registering as a Borrower through the Website, you give us permission to save your credit card information and to use that information to charge your card every product you borrow plus shipping costs and/or replacement and damage costs that you are responsible for. You must be 18 years of age or older to register as a Borrower and use the Services. If you are a minor your parent or guardian must accept The Terms and condition and be the Borrower. You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information referred to as the "Registration Data"), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you move or your contact information changes, please inform customer service immediately. At all times, you must provide contact information with which we can reach you via telephone and email. We may contact you from time to time in order to evaluate our service. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer. You are solely responsible for any activity related to your Account. If you suspect any unauthorized use of your Account, notify us immediately.

 

  1. BILLING When you become a Borrower you will be required to provide us with accurate, complete and current credit card information for a valid credit card that you are authorized to use or your parent must provide this information if you are a minor. The applicable fees and taxes will be charged to your credit card on the date you borrow.

If we do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.

If your account is more than 30 days past due, and is forwarded to a collections agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution including, but not limited to, late fees, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies.

We may modify the price, content, or nature of the Services at any time. If we modify any of the foregoing terms, you may cancel your Membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on the Website.

 

  1. RETURNS, COSTS, AND REFUNDS for Borrower,  You must ensure that all borrowed Products are delivered to us within 5 days of the transaction. CHARLOTTE’S CLOSET, LLC. recommends that you mail the Products to us as soon as possible so that the Products are in fact shipped to us within the 5 day period. After 15 days, the product will be considered to have not been returned. You must record the tracking numbers and the contents of all bags sent after cancellation. If all outstanding Products are not delivered to us within that time, CHARLOTTE’S CLOSET, LLC. reserves the right to charge you a late fee of $40 per day, up until any totally charges equal or exceed the Replacement Fee for each of the items outstanding. The Replacement Fee depends on the Product, and varies from one Product to another. The Replacement Fee will be the retail cost to CHARLOTTE’S CLOSET, LLC. for obtaining the same or a substantially similar Product. Failure to return all outstanding Products in your possession in accordance with this paragraph will result in charges to your credit card for the Replacement Fees. You agree and understand that by failing to return an outstanding Product as provided herein, you are agreeing to the Replacement Fee and you understand that the Product, upon payment of the Replacement Fee, is purchased by you and is thereafter your property. The Replacement Fee will be up to twice the retail price. In order to comply with our return policy, you must deliver any items borrowed to a UPS store located in the United States by 12 PM on or before the return date specified in your order.

 

1. HOME TRY ON SERVICE

The home try on service allows Charlotte’s Closet clients the ability to try on up to three dresses at home for a fee of $29.95 plus $12 shipping fee.  Borrowers agree to properly care for garments and not to wear until the item(s) is rented.  If the garments are returned with damage or appear to be worn, borrower will be charged full retail price of each gown with damage.  If items from the home try on service are not returned, borrower will be charged twice the retail price of each garment included in package.

 

The home try on fee of $29.95 will be applied towards the rental. 

 

Once the home try on order is processed or shipped there are no refunds or merchandise credits issued.

All Home Try on Ordres that come back looking like they were worn will be charged the rental fee. If the dresses come back and have to be dry cleaned  we will charge your card a $25 dry cleaning fee. That includes wearing the dress outside, grass, leaves and pet hair.

 

  1. RETURNS, COSTS and REFUNDS for HOME TRY ON SERVICE, You must ensure that all borrowed Products are delivered to us within 24 hours of the transaction.  CHARLOTTE’S CLOSET, LLC. recommends that you mail the Products to us as soon as possible so that the Products are in fact shipped to us within the 24 hours period. After 5 days, the product will be considered to have not been returned. You must record the tracking numbers and the contents of all bags sent after cancellation. If all outstanding Products are not delivered to us within that time, CHARLOTTE’S CLOSET, LLC. reserves the right to charge you a late fee of $40 per day, up until any totally charges equal or exceed the Replacement Fee for each of the items outstanding. The Replacement Fee depends on the Product, and varies from one Product to another. The Replacement Fee will be the retail cost to CHARLOTTE’S CLOSET, LLC. for obtaining the same or a substantially similar Product. Failure to return all outstanding Products in your possession in accordance with this paragraph will result in charges to your credit card for the Replacement Fees. You agree and understand that by failing to return an outstanding Product as provided herein, you are agreeing to the Replacement Fee and you understand that the Product, upon payment of the Replacement Fee, is purchased by you and is thereafter your property. The Replacement Fee will be up to twice the retail price. In order to comply with our return policy, you must deliver any items borrowed to a UPS store located in the United States by 12 PM on or before the return date specified in your order.
  1. DAMAGED PRODUCTS CHARLOTTE’S CLOSET, LLC. will not hold you accountable for normal wear and tear that occurs through use of the Products. However, we do reserve the right to charge your credit card a Replacement Fee for each Product returned in a damaged condition that, in our sole discretion, exceeds normal wear and tear, or evidences recklessness or carelessness with respect to your possession or use of the Product. The Replacement Fee will be limited to the cost and expense to CHARLOTTE’S CLOSET, LLC. for obtaining the same or a substantially similar Product, less any insurance reimbursement. CHARLOTTE’S CLOSET, LLC. will charge each order and insurance fee in the amount of $6, which will cover all items of minor damage to any borrowed items. Any major damage or damage that will require replacement of any borrowed item will result in a replacement fee being charged to your account.

 

  1. ITEMS ERRONEOUSLY RETURNED TO CHARLOTTE’S CLOSET, LLC. From time to time, we receive items that do not belong to CHARLOTTE’S CLOSET, LLC. in our return envelopes. We endeavor to notify the sender of any items discovered, but we do not have a lost and found service, and are not responsible or liable for items sent to us in error. In case you realize you’ve sent something important, please reach out to customer service as soon as possible so we can attempt to locate it. If we are able to find it, we will work with you to secure its return. At all times, however, the liability for the item remains with you.

 

  1. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS The Website Content and Services on this Website, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Website Content or Services at this Website may violate such laws and these Terms of Service. Except as expressly provided herein, CHARLOTTE’S CLOSET, LLC. does not grant any express or implied rights to use the Website Content or Services. You agree not to copy, republish, frame, download, transmit, modify, lease, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Website, its Website Content, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Website.

In addition to the Website Content and Services offered by CHARLOTTE’S CLOSET, LLC., this Website may also make available Website Content, information, products and services provided by third parties (collectively, the "Third Party Services"). The Third Party Services may be governed by separate license agreements that accompany such services. CHARLOTTE’S CLOSET, LLC. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services. You agree that you will not hold us responsible or liable with respect to the Third Party Services or seek to do so.

 

  1. TRADEMARK INFORMATION The trademarks, logos, and service marks, including "CHARLOTTE’S CLOSET, LLC.," (the "Marks") displayed on this Website are the property of CHARLOTTE’S CLOSET, LLC. or other third parties. You are not permitted to use the Marks without the prior written consent of CHARLOTTE’S CLOSET, LLC. or such third party that may own the Marks.

 

  1. LICENSE TO CHARLOTTE’S CLOSET, LLC. FOR USER CONTENT Our Website accommodates User Content, including Borrower comments, reviews and recommendations. By submitting User Content to this Website you represent that you are the sole copyright owner of such content and that our presentation on the Website of such content will not infringe any intellectual property belonging to a third party. By uploading User Content you grant us a non-exclusive license to publicly display and present such content, and to modify, compile, reproduce, sell, license and distribute such User Content in its original form or as any derivative of such User Content without payment or royalty to you. This section applies to all social media pages operated by CHARLOTTE’S CLOSET, LLC..
  2. PROHIBITED COMMUNICATIONS You are responsible for all statements you make on this Website. CHARLOTTE’S CLOSET, LLC. takes absolutely no responsibility for statements you make on or through the Website, and you agree to indemnify defend and hold harmless for any loss we realize as a result of any legal action taken against us because of your User Content or your violation of this Agreement. You may submit only User Content to the Website and our social media pages that is not in breach of these Terms of Service. Uploaded User Content must be either (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to this Website any unlawful, threatening, harassing, libelous, discriminatory, offensive, defamatory, obscene, or pornographic Website Content, or other Website Content that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in automatic and immediate denial of or limitations on access by you to this Website.

 

  1. USER CONDUCT In using the Website, including all Services and Website Content available through it, you agree: Not to disrupt or interfere with any other users’ use or enjoyment of the Website or affiliated or linked sites; not to upload, post, or otherwise transmit through the Website any viruses or other harmful, disruptive, or destructive files or functions; not to disrupt or interfere with the security or privacy of, or otherwise cause harm to, the Website, Materials, system resources, servers, or networks connected to or accessible through the Website or any linked sites; and to abide by all rules and regulations on the Website or our pages or communications on any social media platform.

 

  1. MANAGING CONTENT AND COMMUNICATIONS CHARLOTTE’S CLOSET, LLC. reserves the right, in its sole discretion, to delete or remove User Content from the Website and to restrict, suspend, or terminate your account and access to all or part of this Website, at any time without prior notice or liability. CHARLOTTE’S CLOSET, LLC. reserves the right to pursue all reasonable recovery including compensation for any damages associated with malicious or other behaviors or actions resulting from unauthorized use of this Website. CHARLOTTE’S CLOSET, LLC. may, but is not obligated to, monitor or review any areas on the Website where users and Borrowers transmit or post User Content. To the maximum extent permitted by law, we will have no liability related to User Content. CHARLOTTE’S CLOSET, LLC. disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. Since we do not control the User Content posted on the Website, we cannot and do not guarantee the accuracy, integrity or quality of such User Content. CHARLOTTE’S CLOSET, LLC. takes no responsibility whatsoever with respect to the accuracy or integrity of any User Content, including reviews and recommendations, made available on the Website. More specifically, our users may upload reviews or comments concerning the Services or the Products we make available on or through the Website. Any such opinions or advice are those of the respective authors and not of CHARLOTTE’S CLOSET, LLC..

 

  1. DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY The Website Content and Products (including the Products provided through the Website borrowed) are provided "as is"; CHARLOTTE’S CLOSET, LLC. makes no representations or warranties of any kind with respect to the Services, Products provided with the Services, the Website, or any contents therein. CHARLOTTE’S CLOSET, LLC. assumes no liability or responsibility for any errors or omissions in providing the Website Content and Services, any failures, delays, or interruptions in the shipment of Products, delivery of any content contained on the Website, any losses or damages arising from the use of the content provided on the Website, goods or services provided by CHARLOTTE’S CLOSET, LLC., or any conduct by users of the Website. CHARLOTTE’S CLOSET, LLC. reserves the right to refuse to ship Products in its sole discretion.

CHARLOTTE’S CLOSET, LLC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICE, THE PRODUCTS, AND THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, CHARLOTTE’S CLOSET, LLC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON OR ACCESSIBLE VIA THE WEBSITE OR THROUGH THE SERVICE IS COMPLETE OR CURRENT.

CHARLOTTE’S CLOSET, LLC. AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS WILL NOT BE HELD LIABLE FOR ANY INDIRECT OR SPECULATIVE DAMAGES (INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES) INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, BUSINESS INTERRUPTIONS, AND LOSS OF PROFITS, REGARDLESS OF WHETHER THESE PARTIES HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. CHARLOTTE’S CLOSET, LLC. AND ITS AFFILIATES, SUPPLIERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES AND AGENTS TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE, THE PRODUCTS, THE WEBSITE OR THESE TERMS OF SERVICE WHETHER IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE AMOUNTS PAID TO CHARLOTTE’S CLOSET, LLC. BY YOU UNDER THESE TERMS OF SERVICE (INCLUDING YOUR FEES). EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

 

  1. TERMINATION You agree that CHARLOTTE’S CLOSET, LLC., in our sole discretion, may terminate your password, Account, or use of the Services or the Website for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services or the Website may be effected without prior notice, and you acknowledge and agree that we may immediately suspend, deactivate or delete your Account and all related information.

 

  1. TAXES All applicable local, city, and state taxes are your responsibility. You agree to pay these taxes.

 

  1. INDEMNITY AND LIABILITY You agree to indemnify defend and hold harmless and hold CHARLOTTE’S CLOSET, LLC., and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of these Terms of Service or your violation of any rights of another person or entity.

 

  1. PERSONAL INFORMATION AND PRIVACY You understand and agree that CHARLOTTE’S CLOSET, LLC. may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of CHARLOTTE’S CLOSET, LLC. or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

 

  1. GOVERNING LAW, JURISDICTION, VENUE AND ARBITRATION This Agreement is governed in all respects by the laws of the State of New York. BY ACCEPTING THIS AGREEMENT AND USING THE SERVICE, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN NEW YORK COUNTY, NEW YORK, FOR ANY COURT ACTION OR PROCEEDING DEEMED NECESSARY BY CHARLOTTE’S CLOSET, LLC. TO COLLECT AMOUNTS DUE HEREUNDER, TO RECOVER ITS PROPERTY, AND/OR TO PROTECT CHARLOTTE’S CLOSET, LLC. FROM THEFT OR FRAUD.

Any other controversy or claim arising out of or relating to this Agreement, the Services, the Products, or the Website shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York County, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review except as permitted by New York law. Notwithstanding the foregoing, either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.

 

  1. GENERAL The Terms of Service and the other agreements, rules, guidelines, licenses and disclaimers posted on the Website constitute the entire agreement between CHARLOTTE’S CLOSET, LLC. and you with respect to your use of the Website and any of the Services or Products made available through the Website. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure by CHARLOTTE’S CLOSET, LLC. to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.