LAST UPDATED: March 1, 2020 (Effective January 1, 2020)
ABOUT THESE TERMS
Accepting these Terms
Welcome to The Apparel Agency! This Terms of Service agreement (“Terms”) is between you (“you” or “your”) and CHICAGO DEVELOPMENT & MFG, INC D/B/A THE APPAREL AGENCY. (“we,” “our,” “us,” or “The Apparel Agency”), and governs your access to and use of our website located at www.theapparelagency.com (and any successor site thereto) (the “Site”), our mobile application (the “App”) and related services, including The Chicago Development & MFG, Inc D/B/A The Apparel Agency’s product and sale services (together with the Site, the App, and the Content (as defined below), the “Services”). These Terms also apply to on-site meetings and consultations, which are part of the Services.
Please review these Terms carefully; by accessing or using any of the Services, including by creating an Account (as defined below), you acknowledge that you have read, understood, and agreed to be bound by these Terms.
These Terms are a legally binding contract between you and The Apparel Agency. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract or, if you are not, that you have obtained parental or guardian consent to enter into these Terms. Under no circumstances may you access or use the Services if you are under thirteen (13) years old. Your access to and use of the Services in any way also means that you agree to all of these Terms, and these Terms will remain in effect while you access or use the Services. These Terms incorporate by reference any additional terms and conditions posted by The Apparel Agency through the Site and/or the App, or otherwise made available to you by The Apparel Agency (the “Additional Terms”), and you understand and agree that by accessing or using any of our Services, you agree to also comply with all Additional Terms.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN SUBCLAUSE (c) OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
The Services are controlled or operated (or both) from the United States, and are not intended to subject The Apparel Agency to any non-U.S. jurisdiction or law. You may not use the Services to purchase Products outside of the United States. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
Changes
We may, at any time and without liability, suspend, modify, or discontinue all or part of the Services (including access to the Site via any third-party links). We encourage you to check our Site periodically for the most current Service offerings. Similarly, we may update the Content, including descriptions and specifications about Products or Services, and we reserve the right to remove any Content (as described below) at any time, for any reason (including, but not limited to, if someone alleges you contributed Content in violation of these Terms), in our sole discretion, and without notice. The Apparel Agency will have no liability for any change in the Services, or any suspension or termination of your access to Services.
We also reserve the right to change these Terms at any time by notifying you of such changes by any reasonable means, including by posting the revised Terms on the Site. The “Last Updated” legend above indicates when these Terms were last changed. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your Account. You are responsible for providing us with your current email address when you create an Account, and, if your email address changes, for updating your Account information to reflect your new email address. Your continued use of the Services, including by renting or purchasing Products (as defined below) from us, following any changes to these Terms will indicate your acknowledgement of such changes and agreement to be bound by the revised Terms. Any changes to the Terms will not apply to any dispute between you and us that arises prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. If you don’t agree with the new Terms, you may no longer access or use the Services.
Privacy
Your submission of information through the Services is governed by The Apparel Agency’s Privacy Policy. To review the current The Apparel Agency Privacy Policy, please click here.
Frequently Asked Questions
Please also refer to our online FAQ section for general information regarding our Services.
ABOUT OUR SERVICES
How to Access The Apparel Agency’s Services
As noted above, you must be 13 years or older to access or use the Services. To use the Services, you may be required to sign up for an account (your “Account”), select a password and username (your “The Apparel Agency User ID”), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and up-to-date information, and to maintain and update such information. You may not select as your The Apparel Agency User ID a name that you don’t have the right to use, or another person’s name with the intent to impersonate that person. We may reject, or require that you change, any The Apparel Agency User ID, password or other information that you provide to us in registering for an Account. You may not transfer your Account to anyone else without our prior written permission. You may only register one Account per Paid Service (as defined below).
Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services operated by third parties (each, a “Third Party Account”), such as those offered by Google and Facebook. By using the Services through a Third Party Account, you authorize us to access information from such Third Party Account for use in connection with the Services.
You may only use the Services and Products made available to you for your own personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services or Products is prohibited by these Terms or any Additional Terms or applicable laws, then you are not authorized to use the Services or Products. You are solely responsible for any use by you of any Services or Products in violation of these Terms, any Additional Terms, or applicable law.
You may not share your Account (including your The Apparel Agency User ID or password) with anyone, and you must protect the security of your Account (including your The Apparel Agency User ID and password) and any other access tools or credentials. You’re solely responsible for any activity associated with your Account, including all charges incurred from use of the Services with your Account.
We may, for any reason, limit or restrict your access to or use of the Services, including, but not limited to, refusing to fulfill any order that you place with us or restricting orders placed under a single customer Account, payment card, or billing or shipping address. We reserve the right to limit, cancel, or prohibit any use of the Services for any reason in our sole discretion, including but not limited to availability and geographic concerns, or if we determine or suspect that you are using the Services for fraudulent or commercial purposes or for any other purposes in violation of these Terms or any Additional Terms.
Cost of the Services
We may charge you to access and use certain parts of the Services (the “Paid Services”). We reserve the right to modify or waive fees required to use certain parts of the Services. You are solely responsible for: (i) the fee for any Paid Services that you order and that are not cancelled in accordance with our cancellation policy, (ii) the price of any Products that are not returned in accordance with our policies, and (iii) any late fees accrued by you due to late or lost items.
For more information about our Services, including pricing and fees and cancellation policies, please see our FAQ Section. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Membership Services
If you purchase a Membership Service, the subscription fee (“Subscription Fee”) will be the then-current applicable subscription rate (including all applicable taxes and fees) listed on the Membership Service on the date that you sign up for such Membership Service; provided that, if your Membership Service is based on a promotional rate, you will be charged a fee equal to the promotional rate for the duration of the promotion, and, after the expiration of the applicable promotion, you will be charged the applicable rate on a recurring monthly basis. For information on the applicable fees, including any applicable discounts and miscellaneous charges listed during the check-out process, please see the “ Services” section of our Site. The Apparel Agency reserves the right to alter the Subscription Fee or availability of any particular item at its discretion and without notice.
Sales
If you purchase a Product through the Services, the purchase price for such Product (“Purchase Price”) will be equal to the purchase fee and delivery charges listed on the Service for the applicable Product at the time of purchase. The Apparel Agency, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You hereby authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase Products. We will charge your Payment Method the amount of the Purchase Price immediately upon your purchase order. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
Other Terms Related to Products and Services
Product and Service Descriptions
We may, in our sole discretion, provide listings, descriptions, or images of Products that are available on the Services, as well as references and links to Products, but we do not warrant that the Product listings, descriptions, or images are accurate, complete, reliable, current, or error-free, or that any Products will be available, even if noted as so on our Services. Such information and the availability of any Product are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including a smart phone or similar device) will accurately display such colors. The prices displayed for Products and Services are quoted in U.S. dollars, unless otherwise indicated. The availability through the Services of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
Delivery
You must provide us with accurate shipping information, so that we can timely deliver Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Products. Following delivery to the designated address, as between you and us, you will be solely responsible for the condition of each Product until you return such Product (including while they are in transit). We reserve the right to reject, cancel, or prohibit any services or sales of Products for any reason.
Cancellations & Returns
Cancellations. As long as there has been no work performed towards the client’s project at the time of the cancellation, TAA will issue a full refund of the Deposit Payment. At no time will the Deposit Payment be refundable after thirty (30) days from receipt of payment.
Refunds. The client has thirty (30) days from receipt of the cancellation notification to issue a refund where any Duties that were performed during the thirty (30) days, including but not limited to; project meetings and/or calls, review of the Principals designs and/or directives, performance of services, or delivery of WIP deliverable, will be billed at the regular TAA hourly rate, and deducted accordingly from the Deposit Payment prior to issuing the refund. Refunds will be issued by check or direct deposit only.
Billing and Payments
How Payments Work
When you place an order for a Product or Service, you hereby authorize The Apparel Agency to charge your payment card or other payment instrument (“Payment Method”) for the cost or fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to the Apparel Agency and notifying The Apparel Agency of any changes to such information. The Apparel Agency will charge your Payment Method the amount of the Product or Service Fee immediately upon your order.
We use a third-party payment processor (the “Payment Processor”) to bill you for any Paid Services through a payment account linked to your account (your “Billing Account”). By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on record for your Billing Account. We reserve the right to suspend or cancel an order or terminate your access to the Services in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if we have or our Payment Processor has already requested or received payment. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Information Provided by Customers
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). If your Payment Method is canceled for any reason (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your User ID or password, you must promptly notify us and update your Payment Method. Changes to such information can be made in your account settings. IF YOU FAIL TO PROVIDE ANY OF THE REQUIRED INFORMATION OR KEEP SUCH INFORMATION UP-TO-DATE, YOU AGREE AND ACKNOWLEDGE THAT WE MAY CONTINUE CHARGING YOU USING ANY PAYMENT METHOD YOU HAVE ON RECORD, FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE CANCELLED YOUR PAID SERVICES OR TERMINATED YOUR ACCOUNT IN ACCORDANCE WITH THESE TERMS.
To access certain password-protected areas of the Website and to use certain The Apparel Agency Products and Services, you’ll have to register for an account. To register for an account, you must provide us with information including, but not limited to, your first name, last name, and email address. By doing so, you promise that all registration information provided by you is truthful and accurate. You are also required to update any inaccurate registration information as necessary from time to time. All registration information and any other Personal Information that you provide to us through your use of The Apparel Agency is covered under our Privacy Policy.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Apparel Agency may delete or change your password at any time for any reason, in its sole discretion.
Payment Authorization
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state taxes), we shall provide notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each Billing Period.
Your non-termination or continued use of a Membership Service reaffirms that we (and/or our Payment Processor) are authorized to charge your Payment Method for that Membership Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Membership Service.
CONTENT
Ownership and Use of Intellectual Property
Our Content
We and/or our suppliers and licensors own the Products and Services (including related software, code, data, and information relating thereto), and proprietary methods and systems used to provide the Services (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Services (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, THE APPAREL AGENCY (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyrights, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.
Subject to these Terms, and solely for so long as you are permitted to use the Services, we grant to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited right and license to (a) install, access, and use our App on any single, compatible, personal device that you own or control, and (ii) access and use the other aspects of the Services, in each case solely for your own personal, noncommercial use. You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any The Apparel Agency Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment. The App is licensed (not sold) to you. If you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or Services. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.
Your Content
Anything that you post, upload, share, store, provide, or otherwise make available through the Services is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to the Services. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.
If you do post or submit User Content, and unless we indicate otherwise, you grant The Apparel Agency a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You grant The Apparel Agency and sublicensees the right to use the name that you submit in connection with such User Content, if they choose.
You agree that such User Content license includes the right for The Apparel Agency to provide, promote, and improve the The Apparel Agency Products and Services, including but not limited to resolving disputes amongst users, and to make the User Content submitted to or through the Website and/or The Apparel Agency’s Products and Services available to other companies, organizations or individuals who partner with The Apparel Agency for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by The Apparel Agency, or other companies, organizations or individuals who partner with The Apparel Agency, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the The Apparel Agency Services.
The Apparel Agency may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
The Apparel Agency reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the The Apparel Agency Services, to suspend or terminate users, and to reclaim usernames. The Apparel Agency also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of The Apparel Agency, its users and the public.
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Services or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place The Apparel Agency under any fiduciary or other obligation. By submitting any unsolicited information and materials, including but not limited comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to The Apparel Agency, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide The Apparel Agency with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. The Apparel Agency, or any of its affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, The Apparel Agency and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to The Apparel Agency for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting The Apparel Agency a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
You hereby grant to The Apparel Agency and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).
All The Apparel Agency users may post reviews, comments, photos, and other content (including the projects platform); send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. The Apparel Agency reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content. We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Services, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, terminating your account, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
You represent and warrant that any material, of any kind, including User Content that you submit to The Apparel Agency is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact [email protected]
You also represent and warrant that any User Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
Use Restrictions
You’re not allowed to: (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of any The Apparel Agency’s Products and Services; (iii) remove any copyright or other protected notices contained in the Brand Content on any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment. You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content, Products or Services or interact with the Services in a manner that:
Infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including The Apparel Agency);
Violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws;
Is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any purpose not reasonably intended by The Apparel Agency;
Jeopardizes the security of your or any other The Apparel Agency user’s Account (such as by allowing someone else to log in to your Account);
Attempts, in any manner, to obtain the The Apparel Agency User ID, password, Account, or other security information of or from any other The Apparel Agency user or impersonates any other person, including but not limited to a The Apparel Agency representative;
Violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
Runs a “Maillist,” “Listserv,” any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interferes with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
Restricts or prohibits any other person from using the Services;
Frames or mirrors any portion of the Services, or otherwise incorporates any portion of the Services into any product or service, without our express prior written consent;
Removes or obscures any copyright, trademark, or other proprietary notice from the Services;
Uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, The Apparel Agency grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. The Apparel Agency reserves the right to revoke such permission either generally or in specific cases, at any time and without notice;
Systematically copies or stores any portion of the Content;
Decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or Services, except to the extent that such restriction is expressly prohibited by applicable law;
Displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or
Posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.
Subject to your compliance with these Terms and your payment of any applicable fees, The Apparel Agency or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website and/or make use of the The Apparel Agency’s Product and Services. This license does not include any resale or commercial use of any The Apparel Agency’s Products and Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any The Apparel Agency Products and Services or its contents; any downloading or copying of account information for the benefit of another factory; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by The Apparel Agency or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website and/or the The Apparel Agency Products and Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of The Apparel Agency. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Apparel Agency without express written consent. You may not use any meta tags or any other “hidden text” utilizing the The Apparel Agency name or trademarks without the express written consent of The Apparel Agency.
You may use the Website and/or access the The Apparel Agency Product and Services only as permitted by law. Any licenses granted to you by The Apparel Agency, including such licenses granted herein, shall terminate if you do not comply with these Terms.
You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Services. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
You may not do any of the following while accessing the Website and/or using The Apparel Agency’s Products and Services: (i) access, tamper with, or use non-public areas of the Website and/or The Apparel Agency’s Products and Services, the The Apparel Agency’s computer systems, or the technical delivery systems of The Apparel Agency providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website and/or The Apparel Agency Products and Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by The Apparel Agency (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with The Apparel Agency; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website and/or The Apparel Agency Products and Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on The Apparel Agency, the Website and/or The Apparel Agency’s Products and Services.
Third Party Materials
Certain Services functionality may contain links or connections to, or otherwise make available access to, third–party websites, services, information, services, products, or other materials that are not owned or controlled by The Apparel Agency (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).
The Apparel Agency has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party Materials. In addition, The Apparel Agency has no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. In addition, the availability of any Third Party Materials through the Services does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Services, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials.
If there is a dispute between participants on this site or Services, or between users and any third party, including in connection with any Third Party Materials, you agree that The Apparel Agency is under no obligation to become involved and you are solely responsible for such disputes.
Copyright Infringement Claims
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Services infringe your copyright, you (or your agent) may send to The Apparel Agency a written notice by mail, email, or fax, requesting that The Apparel Agency remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to The Apparel Agency a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to The Apparel Agency as follows: by mail to The Apparel Agency, 1700 W. Hubbard Street, Unit 2S, Chicago, IL 60622; by email to [email protected]; or by phone via 312.265.0900.
Additional Terms for Mobile Applications
In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to these Terms and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to The Apparel Agency in accordance with the “Information or Complaints” section below. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the usage rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of the terms and conditions of the Terms, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Notwithstanding the foregoing, The Apparel Agency’s right to enter into, rescind, or terminate any variation, waiver, or settlement under these Terms is not subject to the consent of any third party.
Ending These Terms
The Terms will continue to apply until terminated by either you or The Apparel Agency as follows.
You may end your legal agreement with The Apparel Agency at any time for any reason by deactivating your accounts and discontinuing your use of the Website and/or The Apparel Agency Products and Services. If you are on a membership plan please contact [email protected] to deactivate your account or your account will be charged any recurring monthly fees.
The Apparel Agency may suspend or terminate your accounts or cease providing you with all or part of the Website and/or The Apparel Agency Products and Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the The Apparel Agency Products and Services to you is no longer commercially viable. The Apparel Agency will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website and/or The Apparel Agency Products and Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, All User Content, Restrictions on User Content, Restrictions on Use of The Apparel Agency Products and Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect The Apparel Agency’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
MISCELLANEOUS
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE THE APPAREL AGENCY PARTIES (AS DEFINED BELOW) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE PRODUCTS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) U.S. DOLLARS OR (II) THE AMOUNTS PAID BY YOU TO THE APPAREL AGENCY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12)-MONTH PERIOD PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO ILLINOIS RESIDENTS OR TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE THE APPAREL AGENCY PARTIES DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES AND THE THE APPAREL AGENCY PARTIES SHALL NOT BE LIABLE FOR ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
DISCLAIMER OF WARRANTIES
Please read this section carefully since it limits the liability of The Apparel Agency and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “The Apparel Agency Entities”). The Website and the The Apparel Agency Products and Services, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available “AS-IS.” Your access to and use of the Website and/or The Apparel Agency Products and Service, or any content therein are at your own risk. You understand and agree that the The Apparel Agency is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE APPAREL AGENCY ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. The Apparel Agency Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website and/or The Apparel Agency Products and Services or any content therein; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website and/or The Apparel Agency Products and Services or any content therein; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by The Apparel Agency; and (iv) whether the Website, The Apparel Agency Products and Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the The Apparel Agency Entities, Website, service content and/or The Apparel Agency Products and Services, will create any warranty not expressly made herein.
Neither The Apparel Agency nor its licensors, suppliers, partners, parent, subsidiaries, or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives, and agents, and each of their respective successors and assigns (The Apparel Agency and all such parties together, the “The Apparel Agency Parties”) make any representations or warranties concerning the Services, including without limitation regarding any content contained in or accessed through the Services or any Products, and the The Apparel Agency Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits procedures, costs, expenses, damages, or liabilities arising out of or in any way related to your participation in or use of the Services. We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products or Services will be corrected. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or our Content. No advice or information, whether oral or written, obtained by you from us through the Services or otherwise will create any warranty, representation, or guarantee not expressly stated in these Terms.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, PRODUCTS, CONTENT, AND ANY THIRD PARTY MATERIALS ARE PROVIDED BY THE APPAREL AGENCY (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS, AND THE APPAREL AGENCY HEREBY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Couriers
The Apparel Agency may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of Products. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of The Apparel Agency. The Apparel Agency shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. If you opt to have Products delivered by Courier, you agree to bear responsibility for receipt of Products shipped to the delivery location specified at time of check out. The Apparel Agency highly recommends that you provide a secure location where you can physically receive Product(s) (including from a Courier), and The Apparel Agency does not bear liability for Products left unattended, by you, a Courier, or otherwise. You hereby acknowledge that The Apparel Agency does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a courier are solely between you and that courier. The Apparel Agency and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
Consent to Receive Periodic Messages
By using the Services, you consent to receiving communications from us, including informational text messages (such as for purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other transactional information) to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying “STOP” to a text message you receive from us or by emailing [email protected]. You acknowledge that opting out of receiving communications may impact your use of the Services. Please note also that you will need to opt out of communications for each Service that you sign up for. You agree to indemnify and hold The Apparel Agency harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
Export Control
You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Indemnity
You agree to indemnify and hold the The Apparel Agency Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, fees, and expenses (including attorneys’ fees) arising from or in any way related to any claims, suit, action, or demand (“Claims”) relating to (i) your access to and use of the Services (including any actions taken by a third party using your account) and any Products rented from us (including any failure to return such Products), (ii) your User Submissions, (iii) your violation of these Terms, or any applicable law, rules, or regulation, (iv) your infringement, misappropriation, or other violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right, and (v) any dispute or issue between you and any third party, including any Courier, Product merchant, or other third party. In the event of such Claim, we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (including by operation of law or otherwise) without The Apparel Agency’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations (in whole or in part) without your consent or notice to you.
Choice of Law
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of Illinois, without regard to the conflicts of laws provisions thereof.
Arbitration Agreement
Please read the following Arbitration Agreement carefully (subsections (a) though (f) below will be referenced herein as the “Arbitration Agreement”) because it requires you to arbitrate certain disputes and claims with The Apparel Agency and limits the manner in which you can seek relief from The Apparel Agency. Both you and The Apparel Agency acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, The Apparel Agency’s officers, directors, employees, and independent contractors (“Personnel”) are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof. In the event of a dispute arising under or relating to the Terms, the Website, the The Apparel Agency Products and Services, or any other products or services provided by The Apparel Agency. (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of Illinois may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of Illinois. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
(a) Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. If such negotiations do not resolve the dispute, such dispute shall be finally settled by binding arbitration in accordance with this Arbitration Agreement. The arbitration will proceed in the English language, in accordance with the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Arbitration Agreement (the “Rules”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/CommercialRules_Web_FINAL_2.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
(b) Class Action Waiver. You agree that any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action. Notwithstanding anything to the contrary in this Arbitration Agreement or any other provision of these Terms or in the American Arbitration Association’s Consumer Arbitration Rules, disputes regarding the enforceability, revocability, or validity of the foregoing class action waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which (i) the dispute is filed as a class, collective, or representative action, and (ii) there is a final judicial determination that all or part of such class action waiver is unenforceable, then the class, collective, and/or representative action, to that extent, must be litigated in a civil court of competent jurisdiction, but the portion of such class action waiver that is enforceable shall be enforced in arbitration. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
(c) Small Claims Court; Infringement. Notwithstanding the foregoing obligation to resolve disputes using arbitration, both you and The Apparel Agency may assert claims, if they qualify, in small claims court in Cook County, Illinois or any United States county where you live or work. Furthermore, both you and The Apparel Agency will have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
(d) Waiver of Jury Trial. You and The Apparel Agency are each waiving the right to trial by a jury and instead choosing to have claims and disputes resolved by arbitration. Except for disputes that qualify for small claims court, all disputes arising out of or related to these Terms or any aspect of the relationship between you and The Apparel Agency, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved pursuant to this Arbitration Agreement. Except as provided above regarding the class action waiver, such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge. However, as set forth above, the preceding arbitration requirement shall not apply to disputes to the extent relating to the interpretation or application of the class action waiver above, including its enforceability, revocability, or validity.
(e) Exclusive Venue. In any circumstances where the foregoing Arbitration Agreement permits either you or The Apparel Agency to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and The Apparel Agency agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Cook County, Illinois.
(f) Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with The Apparel Agency.
Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that The Apparel Agency does not endorse any of the products or services listed on such site.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with the Services (including any purchase of any Products, Services and Membership Services), provided that The Apparel Agency may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that The Apparel Agency is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
Entire Agreement
You and The Apparel Agency agree that these Terms are the complete and exclusive statement of the mutual understanding between you and The Apparel Agency, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of The Apparel Agency, and you do not have any authority of any kind to bind The Apparel Agency in any respect whatsoever. By accessing or using the Website, the The Apparel Agency Products and Services, or any other products or services provided by The Apparel Agency, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and The Apparel Agency.
Notice to Illinois Consumers
If you are a consumer residing in Illinois, the following provisions of these Terms do not apply to you (and do not limit any rights that you may have) to the extent that they are unenforceable under Illinois law: (a) the disclaimer of liability for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind (for example, to the extent unenforceable under the Illinois Punitive Damages Act, Illinois Products Liability Act, Illinois Uniform Commercial Code, and Illinois Consumer Fraud Act; (b) the limitations of liability for lost profits or loss or misuse of any data (for example, to the extent unenforceable under the Illinois Identity Theft Protection Act and Illinois Consumer Fraud Act); (c) application of the limitations of liability to the recovery of damages that arise under contract and tort, including negligence, strict liability, or any other theory (for example, to the extent such damages are recoverable by a consumer under Illinois law, including the Illinois Products Liability Act); (d) the requirement that you indemnify the The Apparel Agency Parties (for example, to the extent the scope of such indemnity is prohibited under Illinois law); and (e) the Illinois governing law provision (for example, to the extent that your rights as a consumer residing in Illinois are required to be governed by Illinois law).
Information or Complaints
If you have any questions or complaints regarding the Services or about these Terms, you may contact us at [email protected]. For any questions related to Services or Products, please contact us at [email protected]. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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