Please read our terms and conditions carefully.
From time to time, we may provide features that enable users of our Site to leave comments and reviews on our Site. Where we do so:
By providing your consent or opting in to receive marketing messages from MVF or one or more of its affiliated Brands and/or any of their suppliers, you agree to receive and authorize MVF, its Brands, and/or their suppliers to place or send to you marketing calls, text messages and OTT messages (including calls and texts made using an automatic telephone dialing system and/or an artificial or prerecorded voice). Calls made to you may be recorded. Your consent is not a condition of purchasing any goods or using any service offered by MVF.
You may revoke this consent at any time by replying "STOP" to any text message, submitting a request via email to dataprotection@mvfglobal.com, or by mail at 1st and 2nd Floors, Wenlock Works, 1A Shepherdess Walk, London, N1 7QE, United Kingdom.
Your opt-in signifies your agreement to these terms and to the DISPUTE RESOLUTION AND ARBITRATION PROVISION that governs how claims you and we have against each other are resolved.
You represent that you are the account holder for the mobile telephone number(s) that you used to subscribe to the program. You are responsible for completing the opt-out process or notifying us immediately if you change, transfer, or intend to stop using the mobile telephone number used to subscribe to the program. You may notify us of a number change by emailing us at dataprotection@mvfglobal.com as provided under Contacting Us / You below. Your agreement to do so is a material part of these terms and conditions.
While MVF endeavors to place calls or send messages only between 8:00 a.m. and 9:00 p.m. local time at your designated number, you acknowledge and agree that messages may be sent or received outside of these hours. You further agree that such messages do not constitute "telephone solicitations" under applicable law, including the Telephone Consumer Protection Act (TCPA), and its implementing regulations, as you have provided express written consent to receive messages from MVF, its subsidiaries, and/or its Brands at any time.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MVF AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS "DISPUTE RESOLUTION" SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT".
INDIVIDUALIZED DISPUTE RESOLUTION AND ARBITRATION. YOU AND MVF EACH AGREE THAT ANY DISPUTE, CLAIM, CAUSE OF ACTION, OR CONTROVERSY BETWEEN YOU AND MVF, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AS PERMITTED BY LAW, THAT ARISES FROM OR RELATES TO YOUR USE OF MVF'S SITE OR THE WEBSITE OF ANY OF MVF'S RELATED BRANDS; THE USE OF YOUR INFORMATION BY OR FOR MVF; ANY ASPECT OF YOUR RELATIONSHIP OR INTERACTIONS WITH MVF, INCLUDING ANY QUESTIONS OF ARBITRABILITY (REFERRED TO COLLECTIVELY AS A "DISPUTE"), SHALL BE SETTLED BY INDIVIDUAL BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") BY A SOLE ARBITRATOR. If you are an individual, then the AAA's Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect will apply. If you are a business or legal entity other than an individual, then the arbitration will be administered by AAA in accordance with the AAA's Commercial Rules then in effect. Notwithstanding the foregoing, in any conflict between the AAA's rules and these Terms of Use, the Terms of Use will govern. The AAA rules are available at www.adr.org. You and we each also agree that this Arbitration Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law, not state law, apply and govern any questions regarding the enforceability of this dispute resolution provision, including all questions of arbitrability (despite the general choice of law provision set forth above). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS ARBITRATION AGREEMENT AND CAN AWARD, ON AN INDIVIDUAL BASIS, THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).
For any and all Disputes you have, you must first give us an opportunity to resolve your Dispute by sending a written description of your Dispute by certified mail addressed to CT Corporation System on behalf of MVF US LLC at 1999 Bryan Street, Suite 900, Dallas, TX 75201 or to Marketing VF Ltd at 1st and 2nd Floors, Wenlock Works, 1A Shepherdess Walk, London, N1 7QE, United Kingdom ("Notice of Dispute"). You may be represented by an attorney or other person in that process. However, if you choose to be represented by an attorney or other person, you must also submit with your Notice of Dispute a signed, written authorization allowing us to discuss your Dispute with your attorney or other representative.
Your Notice must contain all of the following information: (1) your full name; (2) your address, telephone number, and email address; (3) information sufficient for MVF to identify any transaction at issue (4) a detailed description of your dispute, the nature and basis of your claim(s), and the nature and basis of the relief you are seeking with a calculation for it. You must personally sign this Notice. You and MVF agree to negotiate in good faith about the dispute in an effort to swiftly resolve it to your satisfaction without the need for a formal proceeding (the "Informal Resolution Period"). Should MVF request a telephone conference with you in an effort to resolve your dispute as part of this Informal Resolution Period, you agree to personally participate (with your counsel if you are represented). This process should result in resolution of the dispute, but if for some reason it is not resolved within 60 days after receipt of a fully completed Notice and the parties have not agreed to extend this time period, you or MVF may initiate an arbitration. Compliance with and completion of this mandatory informal dispute resolution process is a condition precedent to filing any demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator shall not accept or administer any demand for arbitration unless the claimant has certified in writing that they have fully complied with this process. This certification shall be personally signed by you or MVF. A court shall have the authority to enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
If we are unable to resolve your claim within 60 days despite those good faith efforts, then either you or we may start arbitration or small claims court proceedings. To begin arbitration, you must send a letter by certified mail requesting arbitration and describing your claim to the following addresses: 1999 Bryan Street, Suite 900, Dallas, TX 75201 or 1st and 2nd Floors, Wenlock Works, 1A Shepherdess Walk, London, N1 7QE, United Kingdom and to the AAA. Notwithstanding the foregoing, if the claims asserted in any request or demand for arbitration could have been brought in small claims court, then either you or we may elect to have the claims heard in small claims court, rather than in arbitration, at any time before the arbitrator is appointed, by notifying the other party of that election in writing. Any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding will remain closed unless and until the small claims court issues a decision that the claim must proceed in arbitration.
You or MVF may initiate arbitration of any Dispute not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website. Selection of the arbitrator shall be determined in accordance with the Rules. If you are an individual, then the arbitration will be held virtually or in the city/county in which you reside. If you are a business or legal entity other than an individual, then the arbitration will be held in the State of Delaware.
Disputes subject to binding individual arbitration shall be conducted by a single arbitrator of the AAA. If you are a consumer, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Claims between you and MVF as modified by these Terms (the "Rules"). For Claims that must be arbitrated by the AAA, if you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and MVF as modified by these Dispute Resolution Terms.
Any facts, evidence, documents, or testimony introduced or produced in an arbitration proceeding may be used only in that proceeding and may not be disclosed, introduced, or used in another arbitration proceeding even if it involves the same or similar claims. We each also agree that the arbitrator will not be bound by rulings in any prior arbitrations not involving the same parties, even if they involved the same or similar claims.
An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees, except that an arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. If the arbitrator finds that either the substance of your claim or the relief sought was frivolous, or that your claim was brought for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)), then we will not reimburse your initial filing fee and may seek an award of our legal fees or costs against you and/or your counsel. This Arbitration Agreement authorizes the arbitrator to award fees or other sanctions against your counsel. If you seek injunctive or declaratory relief, you agree that the arbitrator may award injunctive or declaratory relief in favor of you alone, and only to the extent necessary to resolve your individual claim.
The arbitrator will have the power to rule on their own jurisdiction, including any issues concerning the existence, validity, or scope of either this Arbitration Agreement, including whether any claim is subject to arbitration, provided that: (1) any dispute about whether a claim qualifies for small claims court will be resolved by that court, not by an arbitrator; and (2) a court will have the authority to determine whether the parties have complied with the informal dispute resolution procedures set out above and whether any claim you or we have filed in arbitration or in court is inconsistent with the Class Action Waiver included in these Terms of Use.
WAIVER OF CLASS OR CONSOLIDATED ACTIONS ("CLASS ACTION WAIVER"). YOU AND WE EACH AGREE THAT YOU MAY ONLY BRING CLAIMS IN YOUR INDIVIDUAL CAPACITY ON YOUR OWN BEHALF, AND NOT IN ANY REPRESENTATIVE CAPACITY OR ON BEHALF OF ANY CLASS OR PURPORTED CLASS, AND NO PROCEEDINGS COMMENCED HEREUNDER MAY BE JOINED WITH OR INCLUDE ANY OTHER PARTIES, OR CLAIMS BY OTHER PARTIES (WHETHER REPRESENTATIVE, MASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION). To the extent permitted by law, each party agrees that this limitation includes, but is not limited to, precluding each party from pursuing any claim for public injunctive relief, whether in arbitration or court. If we believe that any claim you have filed is inconsistent with this limitation, then you agree that we may seek an order from a court determining whether your claim is within the scope of this class action waiver.
You have the right to opt out of this Arbitration Agreement within seven (7) days of your acceptance of these Terms. You can opt out by sending written notice to dataprotection@mvfglobal.com with the subject line: "Arbitration Opt-Out." Such notice must include the name of each person opting out and the contact information for each such person, including address, phone number, and email address. If you send timely written notice containing the required information, then the Arbitration Agreement will not apply to Disputes between you and MVF. If you do not send such notice, you agree to arbitration in accordance with the Arbitration Agreement.
If a court or arbitrator determines in an action between you and us that any part of this Arbitration Agreement cannot be enforced with respect to any claim, remedy, or request for relief, the rest of this Arbitration Agreement will continue to apply; provided, however, that if the Class Action Waiver is declared to be unenforceable or invalid, this entire Arbitration Agreement (other than this sentence) will not apply to that claim, remedy, or request for relief (but will still apply to any and all other claims, remedies, and requests for relief that you or we may assert in that or any other action). In any such case, you and we agree that we will arbitrate all claims, remedies, and requests for relief subject to individual arbitration first, and that any remaining unresolved claims, remedies, or requests for relief may be pursued in court only after the arbitrator's award has been issued. In any such proceeding, the arbitrator's factual findings will not be entitled to deference by the court.