Terms of service

Hello and welcome to Sylth Virago!  We are a sustainable footwear company dedicated to ethical and kind practices that can outfit you with vegan leather shoes.  Before we get started, we’ll acquaint you with the terms we use in these Terms.

  • “Sylth Virago”, “we”, “ us” or “our” means Sylth Virago, Incorporated.
  • “Sylth Virago Platform” or “Platform” means our Website and related applications, including without limitation mobile applications that we may from time to time make available.  
  • “Account” means an account created on the Sylth Virago Platform.
  • “Buyer” means the individual that paid for and received a Product. 
  • “Content” means text content, notifications, emails, videos, images and audio, any other content or any combination thereof, in each case, that we make publicly available or which we permit you to access, whether created by us or a third party.  
  • “Individual Data” means any data that relates to any User’s use of our Services.  
  • A “Product” means any shoe, boot, accessory, or other product sold by Sylth Virago.

  • “Services” means any software or services we make available to you on the Sylth Virago Platform, as well as any offline services we may provide to you.  
  • “Terms” mean these Terms of Service, which are a legally binding agreement that governs your access to our Services.  
  • “User” means a user of our Services.
  • “Website” means www.sylthvirago.com
  • “you” or “your” means you.  

PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND SYLTH VIRAGO ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT, AND LIMIT CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 16 OF THESE TERMS).

  1. Acceptance of Terms.

    1. PLEASE REVIEW THESE TERMS BEFORE USING OUR SERVICES, AS THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT.  IF YOU ARE VIEWING THIS ON YOUR MOBILE DEVICE, YOU CAN ALSO VIEW THESE TERMS VIA A WEB BROWSER AT WWW.SYLTHVIRAGO.COM/POLICIES/TERMS-OF-SERVICE IF YOU DO NOT AGREE TO THESE TERMS, THEN DO NOT USE OUR SERVICES, INCLUDING OUR WEBSITE.  BY USING OUR SERVICES, INCLUDING OUR WEBSITE, YOU REPRESENT TO US THAT YOU ARE AT LEAST 18 YEARS OF AGE, OR AT LEAST 13 YEARS OF AGE AND ARE USING OUR SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS.  IF YOU ARE A PARENT OR LEGAL GUARDIAN OF A USER UNDER THE AGE OF 18, YOU AGREE TO BE FULLY RESPONSIBLE FOR THE ACTS OR OMISSIONS OF SUCH USER IN CONNECTION WITH OUR SERVICES. Our Services are intended for use solely in the United States by residents of such market, and Sylth Virago makes no claims that our Services are appropriate for use outside of such country.
    2. Sylth Virago reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on our Website.  Revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of our Services after a revised version of these Terms has been posted on our Website constitutes your binding acceptance of the revised Terms.  

  2. Login Credentials; Communications.

    1. Login Credentials.  In order to use some of our Services, you may be required to register by providing certain information.  We may ask you to complete a registration form and create a user name and password (your user name and password, “Login Credentials”).  You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including, without limitation, financial obligations).  You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials.
    2. Account Information.  During your registration, you shall give truthful information about you (such as name, email address, phone number and payment account information, as applicable) (collectively, “Account Information”).  You are responsible for keeping your Account Information up to date and ensuring that it is accurate.  We may contact you to verify your Account Information. We may ask you for additional information, for example for the purpose of fraud prevention, and we may suspend you from our Services or terminate these Terms if you do not provide such information within a reasonable period.  You represent, warrant and covenant to us that all Account Information is and shall remain accurate and up to date.
    3. Acknowledgement for You to Receive Communications. You hereby agree: (i) to receive communications, including emails, push notifications, mail and telephone calls, that are related to our Services; (ii) that any communications from us may also include marketing materials from us or from third parties; and (iii) that any notices, agreements, disclosures or other communications that we send to you electronically are deemed to satisfy any legal communication requirements. You may opt out from receiving our communications by emailing concierge@sylthvirago.com or selecting to unsubscribe as may be provided in the applicable correspondence.

  3. Our Services.

    Through our Services, we offer you the ability to purchase one or more Products from us, from time to time.  
    1. Purchasing Products from Sylth Virago. As further described below, there are certain restrictions on Purchases from Sylth Virago.  
      1. We reserve the right, for any reason, in our sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of our Services, including without limitation Content, features, hours of availability or equipment required for access.  We may also impose limits on the certain features of our Services or restrict your access to part or all of our Services without notice to you.  
    2. Returns, Exchanges and Refunds. 
      1. Eligibility.  Unless otherwise noted, you may return or exchange any eligible Product within fourteen (14) calendar days after delivery to your address. However, you may not return any gift card. Any Product provided to us for a return or exchange must be in its original condition, unused, unaltered and undamaged.  Any Product provided to us for a return or exchange must be in its original packaging, including without limitation dust bag, branded shoe box and protective shipping box.  We may grant a partial refund at our sole discretion. We will not grant any refund for an ineligible return.  
      2. Exchanges.  To exchange an eligible Product for the same Product in a different size or color, or to replace a defective product, email concierge@sylthvirago.com.  The returned Product must meet the eligibility criteria set forth above.
      3. Shipping.  To initiate a return or exchange of an eligible Product, visit www.sylthvirago.com/a/returns to download a prepaid return label or request a label from our brand specialist team.  Sylth Virago is not liable for any Product, or for any costs of shipment of a Product, except through the process described here.
      4. Returns.  After your return is received and inspected you will receive an email notification confirming receipt.  If, upon inspection, we deem your returned Product to be used, altered, damaged or otherwise ineligible for return, we will not grant a refund or provide an exchange to you.  Eligible returns or exchanges will be processed; for returns, a credit will automatically be applied to your credit card or original method of payment, except if your return was a gift to you.  If your return was a gift to you, we will provide you with a credit for the value of your eligible return. If you have any questions regarding refunds or the condition of a Product you are considering returning, please contact concierge@sylthvirago.com. We will notify you by email once we have made a determination as to your returned or exchanged Product.
      5. Gifts.  Any Product marked as a gift when purchased will be eligible for a gift credit for the value of such Product. The gift certificate will be mailed to the original shipping address upon receipt of the returned Product. 
    3. Cancellations.  You may cancel any order by sending us a cancellation email within 48 hours after placing the applicable order. 
    4. Fees; Payments.   
      1. Billing and Payment Policy.  We may use a third party payment service to bill you through an online account for fees in lieu of directly processing your credit card information.  By submitting your payment account information, you grant us the right to store and process your information with the third party payment service, which may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third party payment service in addition to these Terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using transport layer security (TLS) or other comparable security technology.
      2. Refunds or Credits; Reversals of Purchases. Other than as may be expressly set forth on our Platform as updated from time to time, we have no obligation to provide refunds or credits, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct errors made by us, in each case, in our sole discretion.
    5. Privacy Policy.  All information that you provide to register with us is subject to our Privacy Policy, available on our Website at www.sylthvirago.com/policies/privacy-policy (our “Privacy Policy”).

  4. Scope of Service.  

    1. We may change our Services at any time.  If you do not like our Services or these Terms, please let us know and provide constructive feedback by sending us an email at concierge@sylthvirago.com.  We do not promise to make any changes that you suggest, and your sole remedy if you are dissatisfied with our Services or these Terms is that you may discontinue your use of our Services.
    2. We may alter, suspend or discontinue our Services in whole or in part, at any time and for any reason, without notice.  Our Services may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. In order to use our Services, you must have a computer with Internet access that can access our Website or a compatible mobile device enabled with any mobile application we may provide.
    3. When using our Services, your telecommunications carrier’s normal rates and charges apply.  We are not responsible for any charges you incur from your telecommunications carrier as a result of use of our Services.  You are responsible for ensuring that, at all times while using our Services, you are not in violation of your agreement with your telecommunications carrier.  

  5. License to Use; Privacy Policy; Security

    1. Subject to these Terms and any other agreement between you and us, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use any application we may offer on a compatible mobile device for your personal, non-commercial purposes and use of our Platform, in each case, solely in the manner enabled by us.
    2. Your license to use our Services is automatically revoked if you violate these Terms.  From time to time, we may upgrade our Services or make improvements to our Services. You agree that these Terms will apply to all such upgrades or improvements.  The foregoing license grant is not a sale of any mobile application we may provide or the Website or a sale of a copy of any such application or our Website, and we retain all rights and interest in our Services.  Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.
    3. Our Privacy Policy describes the collection, use and disclosure of data and information by us in connection with our Services.  Our Privacy Policy, as may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms, and you hereby agree to the collection, use and disclosure practices set forth therein.
    4. You acknowledge that our Services use the Internet for data transfer and Internet-connected servers to store Content and Individual Data (as defined below). While we use commercially reasonable security measures for such servers, no security measures are 100% effective and Internet communications may have inherent insecurities.  As such, we do not make any representation or warranty regarding the security offered in respect of our Services.

  6. Sylth Virago Content; Individual Data.  

    1. Our Content.  Subject to these Terms and any other agreement between you and us, we hereby grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable, revocable license to access and use Content that we make available through our Services, solely for your personal and non-commercial use, and subject to any restrictions on certain types of Content set forth in these Terms. You understand that the Content that is posted on our Services is used by you at your own risk.  
    2. Changes to Content.  We reserve the right to make changes to Content, descriptions or specifications of our Services, or other information without obligation to issue any notice of such changes.  
    3. No Implied Licenses.  Nothing contained on our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Content, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of material displayed on our Services.

  7. Indemnification.

    By using our Services, you hereby agree to indemnify and hold harmless us and our officers, directors, employees and agents from any claims, damages, losses, liabilities and all costs and expenses of defense (collectively, “Claims”), including without limitation attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with (i) your provision of any Content, (ii) your use of our Services and/or (iii) any user or other third party’s use of any Content that you submit via our Services.  At our option, you agree to defend us from any Claims.

  8. Intellectual Property Rights.

    You agree and acknowledge that the structure, organization and code used in conjunction with our Services are proprietary to us.  You shall not, and shall not permit any person or entity to: (i) use our Services on a service bureau, time sharing or any similar basis, or otherwise for the benefit of any other person or entity; (ii) alter, enhance, or make derivative works of our Services or any Content available through the foregoing; or (iii) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive source code from our Services. You shall not sell, transfer, publish, disclose, display or otherwise make available our Services including any modifications, enhancements, derivatives and other software and materials provided hereunder by us or copies thereof to others in violation of these Terms. Unless otherwise noted, all Content contained on our Services is the property of us and/or our affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws.  Product names are trademarks or registered trademarks of their respective owners.

  9. Unsolicited Ideas and Feedback.

    We welcome your feedback, ideas and suggestions (collectively, “Suggestions”). It is important to be aware of the following restrictions with regards to your Suggestions. If you send us any Suggestions, you agree that: (1) your Suggestion(s) become our property and you are not owed any compensation in exchange; (2) none of the Suggestion(s) contain confidential or proprietary information of any third party; (3) we may use or redistribute Suggestion(s) for any purpose and in any way; (4) there is no obligation for us to review your Suggestion(s); and (5) we have no obligation to keep any Suggestions confidential.

  10. Third Party Sites; Third Party Service. 

    Our Services may contain links to third party sites.  These links are provided to you as a convenience, and we are not responsible for the content of any linked third party site.  Any third party site accessed from our Services is independent from us, and we have no control over the content of that site. In addition, a link to any third party site does not imply that we endorse or accept any responsibility for the content or use of such site. Use of any third party site is subject to its terms of service and privacy policy. We request that you exercise caution and good judgment when using third party sites. Our Service may include features or functionalities that interoperate with services operated by third parties, which may be pursuant to a generally available application programming interface made available by such a third party or pursuant to an agreement that we have with such a third party.  We have no control over any features or functionalities offered by any third party, and those features or functionalities may be modified, suspended or terminated at any time with no notice.

  11. Providers of Third Party Platforms. 

    You hereby acknowledge and agree that all of our licensors, suppliers or other third parties: (i) are not parties to these Terms; (ii) have no obligation whatsoever to furnish any maintenance or support services with respect to Sylth Virago; (iii) are not responsible for addressing claims by you or any third party relating to our Services, including without limitation any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; and (iv) have no responsibility to investigate, defend, settle or discharge any claim that our Services or use thereof infringes any third party intellectual property rights.

  12. Disclaimer.  

    1. OUR SERVICES AND ALL CONTENT ON OR ACCESSIBLE FROM OUR SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE THROUGH OUR SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING WITHOUT LIMITATION MECHANISMS FOR THE DOWNLOADING AND TRANSMITTING CONTENT) PROVIDED BY OUR SERVICES WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    2. WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
    3. EXCEPT FOR ANY EXPRESS WARRANTIES WE OTHERWISE PROVIDE TO YOU, WE DISCLAIM ALL WARRANTIES AS TO ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 

  13. Limitation of Liability; Release.

    1. Disclaimer.  IN NO EVENT SHALL WE BE LIABLE TO YOU, ANY OTHER USER OF OUR SERVICES, THIRD PARTY PROVIDERS OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF OUR SERVICES, YOUR CONTACT INFORMATION, CONTENT OR ANY INFORMATION CONTAINED THEREON, OR IN RELATION TO ANY PRODUCT, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.  
    2. Limitation.  OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THESE TERMS, OR IN RELATION TO ANY PRODUCT, SHALL NOT EXCEED THE GREATER OF (I) $100.00; OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR THE PURCHASE OF PRODUCTS, IF ANY, IN THE THEN-PRIOR TWELVE (12) MONTH PERIOD.
    3. Exclusions.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.  

  14. Jurisdictional Issues. 

    We make no representation that information on our Services is appropriate or available for use outside of the United States of America.  Those who choose to access our Services from outside such countries do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.  By using our Services, you consent to having your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy.  

  15. Governing Law; Dispute Resolutions. 

    These Terms, and any dispute between you and us, shall be governed by the laws of the State of New York without regard to principles of conflicts of law that would result in the application of the law of any other jurisdiction other than New York General Obligations Laws 5-1401 and 5-1402, except that the Federal Arbitration Act shall govern the interpretation and enforcement of the arbitration provisions set forth below.  Unless you and we agree otherwise, in the event that Section 16 is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Arbitration Procedures (as defined below) or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in New York City, New York, USA except that you or we are permitted (1) to bring small claims actions in state court in the county in which you reside if such court has a small claims procedure; (2) to bring claims for injunctive relief in any court having jurisdiction over the parties; or (3) to seek enforcement of a judgment in any court having jurisdiction over the parties.  To the extent permitted by law, you and we agree to waive trial by jury in any court proceeding

  16. Agreement to Arbitrate; Waiver of Class Action.

    1. Mandatory Arbitration of Disputes; Arbitration Procedures.  Except if you opt-out or for disputes relating to your or our intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents) or for items (1)-(3) set forth in Section 15, you agree that all disputes between you and us (whether or not such dispute involves a third party) arising out of or relating to these Terms, our Services, and/or our Privacy Policy shall be finally resolved by arbitration before a single arbitrator conducted in the English language in the State of New York City, New York, USA under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and you and we hereby expressly waive trial by jury.  You and we shall appoint as sole arbitrator a person mutually agreed by you and us or, if you and we cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party.  The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.  Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Under no circumstances shall the arbitrator be authorized to award damages, remedies or awards that conflict with these Terms.  
    2. Class Action Waiver.  Any claims brought by you or us must be brought in that party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.  Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You hereby waive any and all rights to bring any claims related to these Terms and/or our Privacy Policy as a plaintiff or class member in any purported class or representative proceeding. You may bring claims only on your own behalf.
    3. Opt-out.  You may opt out of this Agreement to Arbitrate. If you do so, neither you nor we can require the other to participate in an arbitration proceeding.  To opt out, you must notify us in writing within thirty (30) days of the date that you first became subject to this arbitration provision.  The opt-out notice must state that you do not agree to the Agreement to Arbitrate and must include your name, address, phone number, your Sylth Virago account, if applicable, to which the opt-out applies and a clear statement that you want to opt out of this Agreement to Arbitrate.  You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement to Arbitrate. You must use this address to opt out: Sylth Virago, Incorporated ATTN: Arbitration Out-Out, 1138 Ocean Ave, 1B, Brooklyn NY, 11230.
    4. Effect of Changes on Arbitration.  Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to the Arbitration Procedures (other than a change to any notice address or Website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the change.  Moreover, if we seek to terminate the Arbitration Procedures from these Terms, such termination shall not be effective until thirty (30) days after the version of these Terms not containing the Arbitration Procedures is posted to our Website, and shall not be effective as to any claim that was filed in a legal proceeding against us prior to the effective date of removal.
    5. Survival.  In accordance with Section 17, this Arbitration section will survive the termination of your relationship with us.

  17. Modifying and Terminating Service.  

    1. We may terminate your access to our Services, in our sole discretion, for any reason and at any time, upon electronic notice to you at the email address provided by you at registration.  You agree that we are not liable to you or any third party for any termination of your access to our Services. We may change and update our Services from time to time. We will give you appropriate advance notice about any major changes, although you understand that we may stop, suspend or change our Services at any time without prior notice.  
    2. You may terminate these Terms at any time by ceasing to use our Services or by closing your account.  On our Services, we will include instructions for how to close your Account. We may update these instructions and our process to close your account from time to time.  Please follow the instructions on our Services to close your account if you would like to do so.
    3. The following Sections of these Terms and any accrued obligations will survive any termination of these Terms: 5(c), 5(d) and 6-18 and any related definitions.

 

  1. General Terms.

    1. Miscellaneous.  You may not assign or transfer your rights or obligations under these Terms in whole or in part to any third party without our consent. These Terms shall bind and inure to the benefit of the parties to these Terms and their respective successors, permitted transferees and permitted assigns.  We and you are independent contractors and are not partners, joint venturers, agents, employees or representatives of each other. These Terms, including our Privacy Policy, contain the entire understanding of the parties with respect to the transactions and matters contemplated herein, supersede all previous communications, understandings and agreements (whether oral or written) other than any click-through or end user license agreement provided by us, and cannot be amended except by a writing signed by both parties or by our posting of an amended version of these Terms on our Website.  The headings and captions used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. If any part of these Terms is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
    2. Waiver of Rights.  Sylth Virago’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sylth Virago.  
    3. Minors.  Our Services are available only to, and may only be used by, individuals who are 18 years and older and who can form legally binding contracts under applicable law, or individuals who are at least 13 years of age and are using our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.  If you are a parent or legal guardian of a User under the age of 18, you agree to be fully responsible for the acts or omissions of such user in connection with our Services. If you are a parent or guardian and you discover that your child has created an unauthorized account on our Services, please contact us at www.sylthvirago.com/pages/contact-us and we will remove the account.
    4. California Users.  If you are a California resident, we are required to inform you that you may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs via mail at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834 or telephone at (916) 445-1254 or (800) 952-5210.  Hearing impaired users can reach the Complaint Assistance Unit at TDD (800) 326-2297 or TDD (916) 322-1700.
    5. For Additional Information.  If you have any questions about these Terms, please contact us at concierge@sylthvirago.com. For more information on our elevated ethics policy, please see www.sylthvirago.com/pages/elevated-ethics.

Last Updated: December 27, 2019

Questions about the Terms of Service should be sent to us at concierge@sylthvirago.com.