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The Velvet Swan, LLC Terms of Use
Effective Date: September 15, 2025
Last Revised: September 15, 2025
Please read these Terms of Use (these “Terms”) carefully before using, or purchasing products from, the websites, mobile sites, mobile applications and other digital services and products that are owned or controlled by The Velvet Swan, LLC (“we,” “us” or “our”) and that link to these Terms (collectively, our “Sites”).
Conditions of Use
Your accessing or using our Sites or providing to us any content or personal information constitutes your agreement to these Terms. Your access to and use of our Sites are conditioned on your acceptance of, and compliance with, these Terms. If you do not want to be bound by these Terms, stop using the Sites. We reserve the right to modify these Terms from time to time. If we modify these Terms, we will provide notice by updating the “Last Revised” date. By continuing to access or use our Sites after that date, you agree to the modified Terms.
Privacy Notice
Before you continue using our Sites, we ask that you read our Privacy Notice, which, as amended from time to time, is hereby incorporated into and made a part of these Terms. It will help you better understand our practices. By accessing or using the Sites, you acknowledge that you have read, understood and agreed to our Privacy Notice.
Age and Geographic Restrictions
Our Sites are commercial in nature and designed for people 18 years of age and older. You must be at least 18 years of age to access, use or purchase products from our Sites. By accessing or using our Sites, you warrant that you are at least 18 years of age and otherwise have the legal capacity to agree to these Terms. We will not be liable for any damages that may result from or relate to your misrepresentation of your age or legal capacity.
Our Sites are intended only for U.S. audiences.
Intellectual Property
You agree that all products, services, text, images and other content and materials on our Sites, and all intellectual property rights in and to such items, including all copyrights, trade secrets, trademarks, logos, trade dress and patents, are our property or the property of our vendors or licensors. You also agree that you will not copy, collect, download, reproduce, redistribute or otherwise use our intellectual property in any way, including electronic, digital, or new trademark registrations. Nothing in these Terms gives you any right to use our name, trademarks, logos, domain names or other distinctive brand names or features.
User Accounts
As a user of our Sites, you may be asked to register with us and provide your personal information. You are responsible for ensuring the accuracy of this information and for maintaining the safety and security of your identifying information. You also are responsible for all activities that occur under your account or password. If you suspect any issues regarding the security of your account on a Site, inform us immediately, so we may take any necessary action.
If we become aware that you have violated any of these Terms, we may immediately take corrective action, which may include preventing you from using our Sites.
We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
Product Descriptions and Website Operation
We attempt to be as accurate as possible, but we do not warrant that product descriptions and other content on our Sites are accurate, complete, reliable, current and error-free.
Our Sites are operated on an “As Is,” “As Available” and “with all faults” basis, with no representations or warranties of any kind. We do not warrant that our Sites will operate uninterrupted or error-free, that defects will be corrected or that our Sites or the servers that make them available will be free of viruses or other harmful components. We disclaim any responsibility for harm to your computer, loss of data, or other harm that may result from access to or use of our Sites, including without limitation contraction of a computer virus.
Applicable Law
The laws of the Commonwealth of Virginia, without regard to any principles of conflict of laws, will govern these Terms, or any dispute of any sort that might arise between us and you.
Disputes
Any dispute, controversy or claim arising from or related in any way to your use of our Sites or products, including products you purchase from us, shall be resolved by final, binding arbitration in the Commonwealth of Virginia before one arbitrator. Any such arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. Notwithstanding the preceding portion of this paragraph, either you or us shall have the right to seek equitable relief, including an injunction, in any court of competent jurisdiction with respect to a material breach of these Terms.
Indemnification
You agree to indemnify us and hold us harmless from and against all claims, demands, liabilities, damages, losses, costs and expenses that may arise from or relate to your use or misuse of our Sites or your failure to comply with these Terms or applicable laws. We reserve the right to select our own legal counsel.
Limitation on Liability
We will not be liable for any claims, demands, liabilities, damages, losses, costs and expenses that may result or arise from your access, use or misuse of our Sites. Further, in no event will we be liable (on any basis, including in contract or tort) for any consequential, incidental, indirect, special or punitive damages (including any loss of revenue, income or profits) arising out of or in connection with these Terms or our Sites or products, whether or not the possibility of such damages has been disclosed to us in advance or could have been reasonably foreseen by us.
Severability
If any portion of these Terms is deemed invalid, void or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity or enforceability of any remaining portion of these Terms.