Terms of Use

CUSTOM WEARHOUSE

TERMS AND CONDITIONS OF USE

1. Accepting These Terms

This document and the other documents that we reference below make up our house rules, or what we officially call our Terms of Use (the “Terms” for short).

PLEASE READ THIS DOCUMENT AND THESE TERMS CAREFULLY. IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS. PLEASE NOTE THESE TERMS OF USE CONTAINS AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER PROVISION. IT AFFECTS HOW ANY DISPUTES BETWEEN YOU AND OUTSIDE WOULD BE RESOLVED. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions. 

BY ACCESSING THE WEBSITE AND CLICKING “AGREE” YOU, THE END-USER, (COLLECTIVELY WITH YOUR AGENTS, AND ANY PERSON OR ENTITY ACTING OR APPARENTLY ACTING ON YOUR BEHALF OR WHO ON BEHALF YOU ARE ACTING, REFERRED HEREIN AS “SUBSCRIBER” AND SOMETIMES ALSO REFERRED TO AS “YOU” OR “YOUR”) ACCEPT THE OFFER MADE BY THIS AGREEMENT, AGREE THESE TERMS OF USE SHALL BE A LEGAL CONTRACT AND YOU INTEND TO BE LEGALLY BOUND TO A CONTRACT BETWEEN YOU AND CUSTOM WEARHOUSE ASTROLOGY, LLC. FOR THE USE OF BOTH THE WEBSITE AND THE SERVICES (THIS “AGREEMENT”). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE OR CLICK “AGREE.”

This contract sets out your rights and responsibilities when you use Custom WearHouse.us and the other services provided by Custom WearHouse (we will refer to all of these collectively as our “Services”). 

If you are under the age of 18, please do not use or access the Website or use the Services. It is not our intention to collect or use personal information from anyone under 18, and we will not knowingly do so. If Custom Wearhouse is made aware we have collected any personal information from persons under 18 and are asked to delete such information from our database, we will promptly do so.

2. OBLIGATIONS OF SUBSCRIBER

Subscriber covenants and agrees it shall:

2.1 (a) Promise to read this Agreement carefully, to consult the Website regularly for up-to-date information about the Services and any changes or amendments to this Agreement and retain it for future reference. (b) Understand and agree that the terms and conditions of this Agreement govern all aspects of its relationship with Custom Wearhouse, including all transactions between Custom Wearhouse and Subscriber and all products and services now or in the future offered through Custom Wearhouse, beginning on the earlier of the date when Subscriber begins the use of the Services or accessed the Website. Custom Wearhouse has the right to amend this Agreement at any. Such amendments shall be effective immediately upon posting. (c) You agree to review the Website periodically to be aware of any such amendments. Your continued use of the Website after such amendments have been made shall constitute acceptance of the amendments. 

2.2 If Subscriber determines, at any time, that it is unwilling to be bound by all of the terms and conditions of this Agreement, it will not use any of the Services nor continue to access the Website.

2.3 CAREFULLY READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT BEFORE IT CLICKS “AGREE” OR OTHER SIMILARLY WORDED BUTTON. SUBSCRIBER UNDERSTANDS THAT CLICKING “AGREE” IS THE LEGAL EQUIVALENT OF MANUALLY SIGNING THIS AGREEMENT AND SUBSCRIBER WILL BE LEGALLY BOUND BY ALL OF ITS TERMS AND CONDITIONS. SUBSCRIBER UNDERSTANDS THIS AGREEMENT MAY BE AMENDED FROM TIME TO TIME BY CUSTOM WEARHOUSE, WITH REVISED TERMS POSTED ON THE WEBSITE. SUBSCRIBER AGREES TO CHECK FOR UPDATES TO THIS AGREEMENT. SUBSCRIBER UNDERSTANDS BY CONTINUING TO USE THE SERVICES AND/OR ACCESSING THE WEBSITE WITHOUT OBJECTING TO ANY REVISED TERMS OF THIS AGREEMENT, SUBSCRIBER IS ACCEPTING THE TERMS OF THE REVISED AGREEMENT AND IT WILL BE LEGALLY BOUND BY ALL ITS TERMS AND CONDITIONS. 

2.4 Be responsible for maintaining the confidentiality of Your username, password, and other credentials associated with any account Subscriber uses to access the Custom Wearhouse Services and the Website (“Credentials”). Accordingly, Subscriber agrees it will be solely responsible in all ways and manners to Custom Wearhouse for all activities that occur under its account. If Subscriber becomes aware of any unauthorized use of its password or of its account, it shall notify Custom Wearhouse immediately. You acknowledge and agree that under no circumstances will Custom Wearhouse be liable, in any way, for any of your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions or the misuse of Your Credentials by any third party, whether authorized by You or not.

2.5 Use the Custom Wearhouse portal, and all Custom Wearhouse Services only for the purposes and in the manner expressly permitted by this Agreement and in accordance with all applicable laws and regulations. Subscriber may not, and will not encourage, assist, or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, circumvent, or bypass any technological protection measures or otherwise tamper with the Custom Wearhouse Website, whether in whole or in part, or create any derivative works from or of the Custom Wearhouse Services.

2.6 Not to use Custom Wearhouse Services or the Website for any unauthorized or illegal purpose. You will be responsible for ensuring that You do not violate any laws in Your or any applicable jurisdiction. You agree not to upload or transmit viruses, worms, malware, or any other code that will damage or impair the Custom Wearhouse Service or the Website (“Harmful Code”). You accept sole responsibility for all your activities using the Custom Wearhouse Services and the Website, including any content you transmit, submit, post, or share on Website and/or in conjunction with the Custom Wearhouse Services and for any Harmful Code.

  2.7 Not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

2.8 Not Spam or engage in unethical marketing, advertising, any other practice connected in any way to spam including, sending content or emails which do not comply with the CAN-SPAM Act of 2003.

2.9 Not violate any terms, conditions, or agreements in this Agreement. 

2.10 Not reproduce, duplicate, copy, sell, resell, or exploit in any way any portion of the Custom Wearhouse Services or any portion of the Website without our express written permission, which may be in the form of a separate written agreement with Custom Wearhouse. Custom Wearhouse reserves the right to investigate any of your activity involving the use of Custom Wearhouse Services or the Website, and to cancel your account at any time and for any or no reason.

3. INTELLECTUAL PROPERTY

3.1 You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, the Content, and the Services strictly in accordance with this Agreement. The Custom Wearhouse Services, all confidential and proprietary software used in connection with the Custom Wearhouse Services, information and Content presented to you through the Custom Wearhouse Services or the Website, and all other Materials (as defined below), provided by or through Custom Wearhouse are owned by Custom Wearhouse, are the property of Custom Wearhouse, and are protected by copyright, trademark, trade secret, and other intellectual property laws. You are not permitted to copy, reproduce, use, perform, display, or create derivative works form the Custom Wearhouse’ Content or Services. All rights not expressly given are reserved.

“Materials” means any necessary software, all informational text, content, software documentation, design of and “look and feel,” layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof. 

3.2 Custom Wearhouse gives you permission to use the Materials to the extent, and only to the extent, necessary to access and use the Custom Wearhouse Services in accordance with this Agreement, which is for Your personal, non-commercial informational purposes. This permission does not permit you to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher, or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in this Agreement. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Custom Wearhouse Services or Materials, create derivative works based on or in any manner commercially exploit the Custom Wearhouse Services or Materials, in whole or in part, other than as expressly permitted in this Agreement. Any use of the Custom Wearhouse Services or Materials for any purpose other than as specifically permitted herein or without our prior consent is expressly prohibited. We reserve all rights not expressly granted in this Agreement.

3.3 All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Custom Wearhouse. Except as otherwise specifically provided herein, no license or right to use any Mark is granted without the express written permission of Custom Wearhouse or their respective owners.

4. Your Privacy

4.1 We know your personal information is important to you, so it is important to us. Our Privacy Policy details how your information is collected, used, and shared when you use our Services. By using our Services, you are also agreeing that we can process your information in the ways set out in the Privacy Policy.

5. Your Account with Custom WearHouse

You will need to create an account with Custom WearHouse to use some of our Services. Here are a few rules about accounts with Custom WearHouse:

5.1 You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Custom WearHouse or the Services. You are responsible for any and all account activity conducted by a minor on your account, and there may be commercial products or services available that you may want to consider to limit a minor’s access to material online. 

5.2 Be honest with us. Provide accurate information about yourself. It is prohibited to use false information or impersonate another person or company through your account.

5.3 Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

5.4 You are responsible for your account. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you are registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.

5.5 Protect your password. As we mentioned above, you are solely responsible for any activity on your account, so it’s important to keep your account password secure.

5.6 Let us be clear about our relationship. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Custom WearHouse.

6. Your Content

Content that you post using our Services is your content (so let us refer to it as “Your Content”). We do not make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).

6.1 Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to all parts of Your Content and that you are not infringing or violating any third party’s rights by posting it.

6.2 Permission to Use Your Content. By posting Your Content through our Services, you grant Custom WearHouse a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help Custom WearHouse function and grow. That way, we will not infringe any rights you have in Your Content and we can help promote it. For example, you acknowledge and agree Custom WearHouse may offer you or Custom WearHouse buyers promotions on the Site, from time to time, that may relate to your listings.

6.3 Rights You Grant Custom WearHouse. (Here is the legalese version of the last section). By posting Your Content, you grant Custom WearHouse a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Custom WearHouse, your Custom WearHouse shop, or the Services in general, in any formats and through any channels, including across any Custom WearHouse Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognize our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information.

6.4 That sounds like a lot, but it is necessary for us to keep Custom WearHouse going. Consider these examples: if you upload a photo or video of a listing on your Custom WearHouse shop, we have permission to display it to buyers, and we can resize or enhance it so it looks good to a buyer using our mobile site; if you post a description in English, we can translate it into French so a buyer in Paris can learn the story behind your item; and if you post a beautiful photo or video of your latest handmade necklace, we can feature it– often along with your shop name and shop picture– on our homepage, in one of our blogs or even on a billboard to help promote your business and Custom WearHouse’s.

6.5 Reporting Unauthorized Content. Custom WearHouse has great respect for intellectual property rights and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We will notify you if any of that happens.

6.6 Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of content we do not want posted on Custom WearHouse’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of our Prohibited Items Policy or any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.

7. Your Use of Our Services

7.1 Do not Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it is your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items, such as age verification upon delivery, where required by law. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Custom WearHouse, another Custom WearHouse user, or a third party.

7.2 Pay Your Bills. You are responsible for paying all fees that you owe to Custom WearHouse. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Where applicable, Custom WearHouse will calculate, collect, and remit value-added tax or VAT and sales tax. Some countries may refer to VAT using other terms, e.g., Goods and Services Tax (GST), but we will just refer to VAT, GST, and any local sales taxes collectively as “VAT.” Your fees, bills, taxes, and how you can pay them are fully explained in our Fees & Payments Policy.

7.3 Do not Steal Our Stuff. You agree not to crawl, scrape, or spider any page of the Services or to reverse engineer or attempt to obtain the source code of the Services (including both Custom WearHouse Intellectual Property and Seller Content) without our express permission.

7.4 Do not Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus, excessive requests to our site or platform, or other harmful computer code.

7.5 Follow Our Trademark Policy. The name “Custom WearHouse” and the other Custom WearHouse marks, phrases, logos, and designs that we use in connection with our Services (the Custom WearHouse Trademarks), are trademarks, service marks, or trade dress of Custom WearHouse in the US and other countries.

7.6 Share Your Ideas. Your ideas and suggestions can help us improve your experience and our Services. Any ideas or other materials you submit to Custom WearHouse (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

7.7 Talk to Us Online. From time to time, Custom WearHouse may provide you with certain legal information in writing. By using our Services, you are agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies and that your electronic agreement is the same as your signature on paper.

8. Termination

8.1 Termination By You. You may terminate your account with Custom WearHouse at any time from your account settings. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination. You will still have to pay any outstanding bills.

8.2 Termination By Custom WearHouse. We may terminate or suspend your account (and any accounts Custom WearHouse determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it is important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, Custom WearHouse will notify you that your account has been terminated or suspended, unless you have repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or Custom WearHouse terminate your account, you may lose any information associated with your account, including Your Content.

We May Discontinue the Services. Custom WearHouse reserves the right to change, suspend, or discontinue any of the Services for you, any, or all users, at any time, for any reason, including those laid out in Custom WearHouse’s policies under these Terms of Use. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

9. Warranties and Limitation of Liability 

9.1 Items You Purchase. You understand that Custom WearHouse does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Custom WearHouse cannot and does not make any warranties about their quality, safety, authenticity, or their legality. 

9.2 Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Custom WearHouse from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).

9.3 Content You Access. You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Custom WearHouse is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.

9.4 People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services other than to meet certain compliance and legal obligations, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. 

9.5 Third-Party Services. Our Services may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a third party’s product or service in order to use some of our Services (like a compatible mobile device to use our mobile site). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. Custom WearHouse is not a party to those agreements; they are solely between you and the third party.

9.6 Gift Cards and Promotions. You acknowledge that Custom WearHouse does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card code that has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.

9.7 CUSTOM WEARHOUSE DOES NOT PROMISE THE WEBSITE, ANY CONTENT, THE CUSTOM WEARHOUSE SERVICES OR MATERIALS WILL BE ERROR-FREE OR UNINTERRUPTED OR THE WEBSITE, THE CONTENT, OR CUSTOM WEARHOUSE SERVICES WILL PROVIDE SPECIFIC RESULTS. SUBSCRIBER AGREES ITS USE OF THE WEBSITE, THE CONTENT AND THE CUSTOM WEARHOUSE SERVICES IS AT ITS SOLE RISK AND IT ASSUMES THAT RISK. 

9.8 BECAUSE OF THE INHERENT HAZARDS, CORRUPTION, AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH THE WEBSITE AND ITS APPLICATIONS. IF SUBSCRIBER RELIES ON THE WEBSITE OR ANY MATERIAL AVAILABLE THROUGH IT AND THE CUSTOM WEARHOUSE SERVICES IT DOES SO AT ITS OWN RISK. SUBSCRIBER UNDERSTANDS IT IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE AND THE CUSTOM WEARHOUSE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” 

9.9 CUSTOM WEARHOUSE AND ITS AGENTS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY RESULT OF THE CONTENT OR THE INFORMATION AVAILABLE THROUGH THE WEBSITE, THE CONTENT, AND THE CUSTOM WEARHOUSE SERVICES. CUSTOM WEARHOUSE DOES NOT GUARANTEE THE WEBSITE AND THE CUSTOM WEARHOUSE SERVICES OR CONTENT WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CUSTOM WEARHOUSE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

9.10 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,  UNDER NO CIRCUMSTANCES SHALL CUSTOM WEARHOUSE, ITS AGENTS, EMPLOYEES, MEMBERS OR MANAGERS HAVE ANY LIABILITY TO THE SUBSCRIBER  FOR ANY LOST PROFITS, OPPORTUNITIES, GOODWILL, USE OR DATA OR REVENUE OR FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, RELIANCE OR EXEMPLARY DAMAGES, OR INDIRECT DAMAGES WHATSOEVER OF ANY TYPE OR KIND HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY WHETHER FROM BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE (AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES OR CONTENT OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE TO USE THE SITE AND THE SERVICES.

9.11 EXCEPT TO THE EXTENT OF CUSTOM WEARHOUSE’ INTENTIONAL FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT RESULTING FROM CUSTOM WEARHOUSE’ SOLE NEGLIGENCE, CUSTOM WEARHOUSE AND ITS AGENTS, EMPLOYEES, MEMBERS AND MANAGERS  TOTAL AGGREGATE LIABILITY TO SUBSCRIBER AND ALL THIRD PARTIES FOR ALL CLAIMS OR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT, ALL SERVICES, THE CONTENT, AND THE RELATIONSHIP BETWEEN THE PARTIES, WHETHER IN CONTRACT OR TORT, OR OTHERWISE, SHALL BE LIMITED TO THE LESSER OF (A) TOTAL AMOUNT ACTUALLY PAID TO CUSTOM WEARHOUSE FOR ALL SERVICES OR PRODUCTS IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH  THE EVENT GIVING RISE TO SUCH LIABILITY AROSE; OR (B) ONE HUNDRED DOLLARS. NOTHING IN THIS SECTION LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THIS LIMITATION OF LIABILITY IS CUMULATIVE AND NOT PER INCIDENT. THE EXISTENCE OF ONE OR MORE CLAIMS SHALL NOT ENLARGE THIS LIMITATION. SUBSCRIBER RELEASES CUSTOM WEARHOUSE FROM ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION IN THIS PARAGRAPH. THE REMEDIES IN THIS SECTION OR TERMINATION OF THIS AGREEMENT ARE SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS OR DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, THE USE OF THE WEBSITE, THE SERVICES OR OTHERWISE. 

9.12 In the event of negligence or the breach of any of the terms, agreements, covenants or conditions of this Agreement or any claim whatsoever, the Subscriber agrees (a) there shall be absolutely no personal liability of any employee, manager, member, or employee of Custom Wearhouse; and (b) Subscriber waives all claims, demands, and causes of action against the employees, managers, members, or employees of Custom Wearhouse.

9.13 Except as may be prohibited by pertinent law, no action arising out of this Agreement or otherwise for any reason, regardless of form or type of claim may be brought by Subscriber (and Custom Wearhouse’ liability shall terminate) after the earlier of one (1) year after the date of the last delivery of Custom Wearhouse Services to Subscriber or one (1) year after the cause of action arose and if not filed within such time such cause of action shall be forever barred.  

9.14 The provisions of this Article reflect an expressly agreed-upon and accepted allocation of risk and shall apply equally to each of the Custom Wearhouse Services. The fee charged by Custom Wearhouse for the Custom Wearhouse Services is set to reflect this allocation of risk.

10. Indemnification 

10.1 If Custom WearHouse gets sued because of something that you did, you agree to defend hold harmless and indemnify us. That means you’ll defend Custom WearHouse (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.

10.2 You agree to hold harmless, defend, and indemnify Custom Wearhouse and its members, managers, employees, agents, representatives, successors and assigns (hereinafter individually or collectively referred to as a “Custom Wearhouse Indemnified Party”), from and against all losses, liabilities, damages, demands, claims, suits, actions, causes of action, judgments, assessments, costs and expenses, including, without limitation, interest, penalties, reasonable attorneys’ fees, any and all expenses incurred in investigating, preparing or defending against any litigation or any type proceeding including but not limited to arbitration commenced or threatened, or any claim whatsoever, and any and all amounts paid in settlement of any claim or litigation (collectively, “Damages”), asserted against, resulting to, imposed upon, or incurred or suffered by any Custom Wearhouse Indemnified Party, directly or indirectly, as a result of, arising from, or relating directly or indirectly to (a) any breach or non-fulfillment of any of the covenants or agreements made by Subscriber in this Agreement, (b) Subscriber’s use in any way of the Services, Content, or accessing the Website, (c) any violation whatsoever by Subscriber of any law, rule, regulation or rights of others in connection with or related in any way with the use of the Website, the operation or conduct of its business, if any, or (d) the violation of any property or privacy right. These obligations shall survive the termination or expiration of this Agreement and/or Subscriber’s use of the Services or Website.

11.3 We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

12. Disputes with Other Users

If you find yourself in a dispute with another user of Custom WearHouse’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

Case System. Buyers and sellers who are unable to resolve a dispute related to a transaction on our websites or mobile apps may participate in our case system. Custom WearHouse will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Custom WearHouse has no obligation to resolve any disputes.

Release of Custom WearHouse. You agree to assume the risk and release Custom WearHouse from any claims, demands, and damages arising out of disputes with other users or parties.

13. Disputes with Custom WearHouse

If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:

13.1 Governing Law. The Terms are governed by the laws of the State of New Jersey, without regard to its conflict of laws rules, and the laws of the United States of America. These laws will apply no matter where in the world you live, but if you live outside of the United States, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.

13.2 Arbitration. You and Custom WearHouse agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms you can find the AAA Rules here), unless otherwise required by law. **Arbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.

13.3 Any arbitration or mediation under the Terms will take place on an individual basis. You understand that by agreeing to the Terms, you and Custom WearHouse are each waiving the right to trial by jury or to participate in a class action lawsuit. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

13.4 Forum. We’re based in New Jersey, so any legal action against Custom WearHouse related to our Services must be filed and take place in Essex County, New Jersey. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Newark, New Jersey, and any in-person hearings will be conducted at a location which is reasonably convenient to both parties considering their ability to travel and other pertinent circumstances. For any actions not subject to arbitration or mediation, you and Custom WearHouse agree to submit to the personal jurisdiction of a state or federal court located in Essex County if your contract is with Custom WearHouse, Inc.

13.5 Government Exception. If you are a government agent or entity in the United States using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws of the United States (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New Jersey.

13.6 Modifications. If we make any changes to this “Disputes with Custom WearHouse” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Custom WearHouse prior to the date the changes became effective. Custom WearHouse will notify you of substantive changes to the “Disputes with Custom WearHouse” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Custom WearHouse a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Custom WearHouse in accordance with the provisions of this “Disputes with Custom WearHouse” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.

13.7 Award. Arbitration is final, non-appealable, and binding. In making any award, the arbitrator shall be restricted by the “Limitation of Liability” provision in this Agreement and shall not have jurisdiction to make an award to any party to the arbitration contrary to the “Limitation of Liability” provision in Article 4 and shall adhere to the time limitation in Section 4.5. Subscriber expressly agrees that the rulings of the arbitrator, including any award, shall be binding, non-reviewable and non-appealable and it may be entered in any court of competent jurisdiction.

13.8 Confidentiality. Any arbitration shall be strictly confidential, and neither Subscriber nor Custom Wearhouse may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Any Party shall have the right to prevent any actual or threatened breach of this confidentiality provision by temporary, preliminary, or permanent injunctive or declaratory relief. Any violation of this confidentiality provision shall subject the violating party to damages.

13.9 Costs of Arbitration. The party requesting arbitration must first pay the applicable retainer or fee, but the fee of arbitrator shall be shared equally. Each party shall pay its own expenses of the arbitration, including the expense of its own counsel, witnesses, and presentation of evidence at the arbitration. If any party files a judicial or administrative action asserting a claim or Dispute that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including reasonable attorneys’ fees.

13.10 Waiver of Jury and Class Action and Other Representative Proceeding. EXCEPT AS OTHERWISE SET FORTH HEREIN, THE PARTIES EXPRESSLY AGREE THAT THERE SHALL BE NO JURY OR COURT TRIAL OR RIGHT TO A JURY OR COURT TRIAL, OR RIGHT TO ANY OTHER PROCEEDING TO RESOLVE ANY DISPUTE IN ANY COURT. THE PARTIES ALSO EXPRESSLY AGREE THAT ANY DISPUTE IS PERSONAL TO THEM, AND ANY SUCH DISPUTE SHALL ONLY BE RESOLVED BY AN INDIVIDUAL ARBITRATION. BOTH PARTIES AGREE THERE CAN BE NO CLASS ARBITRATION OR ARBITRATION WHERE A PERSON BRINGS A DISPUTE AS A REPRESENTATIVE OF ANY OTHER PERSON OR PERSONS. BOTH PARTIES AGREE THAT A DISPUTE CANNOT UNDER ANY CIRCUMSTANCES BE BROUGHT AS A CLASS OR REPRESENTATIVE ACTION OUTSIDE OF ARBITRATION, OR ON BEHALF OF ANY OTHER PERSON OR PERSONS. 

12. Changes to the Terms

We may update these Terms from time to time. If we believe that the changes are material, we will definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.

13. Some Finer Legal Points

The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Custom WearHouse regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.

*In some countries you may have additional rights and/or the preceding may not apply to you

14. GENERAL PROVISIONS

14.1 Severability. In case any term or provision of this Agreement shall be invalid, illegal, or unenforceable, in whole or in part, the portion that is determined to be invalid shall be severed, and the validity of any of the other terms or provisions of this Agreement shall not in any way be affected thereby. Nothing contained in this Agreement shall be construed as requiring the commission of any act contrary to law.  In the event there is any conflict between any provision of this Agreement and any statute, law, ordinance, or regulation contrary to which the parties hereto have no legal right to contract, the latter shall prevail.  In event of conflict, the provisions of this Agreement thus affected shall be curtailed and limited only to the extent necessary to cause this Agreement to conform to said requirement of law. Custom Wearhouse and Subscriber agree that, if the scope or enforceability of any section hereof, or any parts thereof, are in any way disputed at any time, a court may modify and enforce the particular covenant to the extent that it believes the covenant is reasonable and enforceable under all of the circumstances existing at the time.

14.5 Integration. This Agreement constitutes the exclusive and entire agreement of the parties relating to the subject matter hereof, and there are no written or oral terms or representations made by either party other than those contained herein.  This Agreement supersedes and replaces any and all agreements of any kind, whether written or oral, express, or implied with respect to the subject matter, all of which shall be terminated upon the acceptance of this Agreement.  

14.6 Subscriber’s Agreement to be Bound. Subscriber’s use of the Website and/or the Custom Wearhouse Services includes the ability to enter into agreements and/or to make transactions electronically. SUBSCRIBER ACKNOWLEDGES ITS ELECTRONIC SUBMISSIONS CONSTITUTES ITS AGREEMENT AND CLEAR INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. SUBSCRIBER’S AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS SUBSCRIBER ENTERS INTO CUSTOM WEARHOUSE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

14.7 Survival. No termination or expiration of this Agreement affects or impairs any obligations, duties, indemnities, and liabilities of either Party that, by their nature, continue beyond termination including but not limited to Articles 3, 6, 9 10, 12, 13, and Sections 14.1, 14.5, 14.6, and the rights of Custom Wearhouse relating to any unpaid obligations of Subscriber.