Terms Of Use:
Effective Date: 07/2020
Last Modified Date: 07/2020
Please Read These Terms And Conditions Carefully Before Using This Web Site. Your Use Of This Web Site Confirms Your Unconditional Acceptance Of The Following Terms And Conditions And To The Collection And Use Of Your Information As Set Forth In Our Privacy Policy. If You Do Not Accept These Terms And Conditions Or The Terms Of Our Privacy Policy, Do Not Use This Web Site.
All Features, Content, Specifications, Products And Prices Of Products And Services Described Or Depicted On This Web Site Are Subject To Change At Any Time Without Notice. All Measurements, Weights, Colors And Similar Descriptions Are Approximate And Are Provided For Convenience Purposes Only. We Make All Reasonable Efforts To Accurately Display The Attributes Of Our Products, Including The Applicable Colors; However, The Actual Color You See Will Depend On Your Computer System And We Cannot Guarantee That Your Computer Will Accurately Display Such Colors. The Inclusion Of Any Products Or Services In This Web Site At A Particular Time Does Not Imply Or Warrant That These Products Or Services Will Be Available At Any Time. It Is Your Responsibility To Ascertain And Obey All Applicable Local, State, Federal And International Laws (Including Minimum Age Requirements) In Regard To The Possession, Use And Sale Of Any Item Purchased From This Web Site. By Placing An Order, You Represent That The Products Ordered Will Be Used Only In A Lawful Manner.
1. Shipping Limitations
3. Use Of This Web Site
A. Rules
For The Purposes Of These Terms And Conditions, "Intellectual Property Rights" Means All Patent Rights, Copyright Rights, Mask Work Rights, Moral Rights, Rights Of Publicity, Trademark, Trade Dress And Service Mark Rights, Goodwill, Trade Secret Rights And Other Intellectual Property Rights As May Now Exist Or Hereafter Come Into Existence, And All Applications Therefore And Registrations, Renewals And Extensions Thereof, Under The Laws Of Any State, Country, Territory Or Other Jurisdiction. In Connection With Your User Content, You Affirm, Represent And Warrant The Following:
A. You Have The Written Consent Of Each And Every Identifiable Natural Person In The User Content To Use Such Person's Name Or Likeness In The Manner Contemplated By The Web Site And These Terms And Conditions, And Each Such Person Has Released You From Any Liability That May Arise In Relation To Such Use. B Your User Content And Our Use Thereof As Contemplated By These Terms And Conditions And The Web Site Will Not Violate Any Law Or Infringe Any Rights Of Any Third Party, Including But Not Limited To Any Intellectual Property Rights And Privacy Or Publicity Rights. C We May Exercise The Rights To Your User Content Granted Under These Terms And Conditions Without Liability For Payment Of Any Guild Fees, Residuals, Payments, Fees, Or Royalties Payable Under Any Collective Bargaining Agreement Or Otherwise. We Take No Responsibility And Assume No Liability For Any User Content That You Or Any Other Third Party Posts Or Sends Over The Web Site. You Shall Be Solely Responsible For Your User Content And The Consequences Of Posting Or Publishing It, And You Agree That We Are Only Acting As A Passive Conduit For Your Online Distribution And Publication Of Your User Content. You Understand And Agree That You May Be Exposed To User Content That Is Inaccurate, Objectionable, Inappropriate For Children, Or Otherwise Unsuited To Your Purpose, And You Agree That We Shall Not Be Liable For Any Damages You Allege To Incur As A Result Of User Content.
H. User Content License Grant
Disclaimer Of Warranties
Your Use Of This Web Site Is At Your Risk. The Materials And Services Provided In Connection With This Web Site Are Provided "As Is" Without Any Warranties Of Any Kind Including Warranties Of Merchantability, Fitness For A Particular Purpose, Or Non-Infringement Of Intellectual Property. Neither We Nor Any Of Our Affiliates Warrant The Accuracy Or Completeness Of The Materials Or Services On Or Through This Web Site. The Materials And Services On Or Through This Web Site May Be Out Of Date, And Neither We Nor Any Of Our Affiliates Make Any Commitment Or Assume Any Duty To Update Such Materials Or Services. The Foregoing Exclusions Of Implied Warranties Do Not Apply To The Extent Prohibited By Law. Please Refer To Your Local Laws For Any Such Prohibitions. All Products And Services Purchased On Or Through This Web Site Are Subject Only To Any Applicable Warranties Of Their Respective Manufactures, Distributors And Suppliers, If Any. To The Fullest Extent Permissible By Applicable Law, We Hereby Disclaim All Warranties Of Any Kind, Either Express Or Implied, Including, Any Implied Warranties With Respect To The Products And Services Listed Or Purchased On Or Through This Web Site. Without Limiting The Generality Of The Foregoing, We Hereby Expressly Disclaim All Liability For Product Defect Or Failure Claims That Are Due To Normal Wear, Product Misuse, Abuse, Product Modification, Improper Product Selection, Non-Compliance With Any Codes, Or Misappropriation. We Make No Warranties To Those Defined As "Consumers" In The Magnuson-Moss Warranty-Federal Trade Commission Improvements Act. The Foregoing Exclusions Of Implied Warranties Do Not Apply To The Extent Prohibited By Law. Please Refer To Your Local Laws For Any Such Prohibitions.
Limitations Of Liability
Messaging Terms & Conditions
Cancellation
Mobile Phone Number Change
Problems?
Contact
Dispute Resolution
General. In the interest of resolving disputes between you and Affliction Clothing in the most expedient and cost effective manner, you and Affliction Clothing agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Affliction Clothing or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Affliction Clothing or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU ANDAffliction Clothing ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions: Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Affliction Clothing to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Affliction Clothing will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Affliction Clothing. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Affliction Clothing intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Affliction Clothing address for Notice is: Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Affliction Clothing will make good faith efforts to resolve the claim directly, but if you and Affliction Clothing do not reach an agreement to do so within 30 days after the Notice is received, you or Affliction Clothing may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Affliction Clothing must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Affliction Clothing will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Affliction Clothing for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Affliction Clothing agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Affliction Clothing made within 14 days of the arbitrator's ruling on the merits.
No Class Actions. YOU AND Affliction Clothing AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Affliction Clothing agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Affliction Clothing makes any future change to this arbitration provision, other than a change to Affliction Clothing address for Notice, you may reject the change by sending us written notice within 30 days of the change to Affliction Clothing address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Affliction Clothing.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.
Changes to Messaging Terms
We reserve the right to terminate or change our messaging program at any time. We also reserve the right to change these Messaging Terms at any time and such changes will be effective immediately upon posting. Your continued enrollment following such changes shall constitute your acceptance of such changes.
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