TERMS OF USE
1. ACCEPTANCE OF TERMS
These Terms of Use and COLLECTIVE's privacy policy set forth the conditions under which you, the user, may access and use the website collectiveclo.com ("COLLECTIVE"). By accessing and using the website, you agree to be bound by our Terms of Use and our Privacy Policy. If you do not agree with any of the Terms of Use or our Privacy Policy, you should not access or use COLLECTIVE.
We reserve the right to terminate or limit your access to COLLECTIVE for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. We also reserve the right to amend these Terms of Use from time to time.
2. ABOUT OUR PRODUCTS
2.1 Products
We offer for sale apparel including t-shirts, hoodies, and other clothing items ("Products"). The prices for such Products are listed on COLLECTIVE. We reserve the right to change the price of such Products at any time.
2.2 Warranty
In the case of manufacturing defects, we will replace our products within 90 days of the original purchase date. This does not cover excess wear and tear or careless misuse of our products. The defective product will be replaced by the same product. If the same product is no longer available, we will provide store credit towards the purchase of an alternative product.
Send all warranty related questions to hello@collectiveclo.com
3. GENERAL TERMS
3.1 Provide Accurate Information
You agree to provide true and accurate information about yourself as requested on COLLECTIVE registration forms or any other information as requested for the purposes required to sign into our website ("Registration Data"). Please update the Registration Data to keep it current and accurate. You understand that intentionally misrepresenting your identity in order to gain access to our website may cause you to incur criminal and/or civil liabilities under applicable state and/or federal law.
3.2 Guard Your Password
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security.
3.3 Obey the Law
You represent and warrant that you will not use the website for illegal purposes or for the posting or transmission of material that is unlawful, harassing, false, fraudulent, defamatory, libelous, invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights or other intellectual property rights of others.
3.4 Content Restrictions
All website design, text, graphics, the selection and arrangement thereof, and all of COLLECTIVE's software are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on COLLECTIVE is strictly prohibited without the prior written permission of the company.
3.5 Photos and User-Submitted Content
We are not responsible for any content, communications, information, or other materials posted, submitted, communicated, shared, discussed or otherwise generated through Instagram, or other social media, on our website ("User Generated Content"). Nor do we guarantee the truthfulness, accuracy or completeness of such User Generated Content.
You grant to us, and to each user of the website, a global, non-exclusive, unlimited license to publish, reproduce, display, distribute, use, edit or modify the User Generated Content for any purpose whatsoever.
4. RIGHTS YOU GRANT TO US
4.1 Account Access
In order to ensure that COLLECTIVE is able to provide high-quality services that are responsive to your needs, you agree that we have access to your account and records as reasonably needed to investigate complaints.
4.2 Merger or Acquisition
In the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by COLLECTIVE, we may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
5. OTHER LEGAL ISSUES
5.1 Disclaimer of Warranties
"Covered Parties" means the company (including affiliated and other related entities), its members, business partners and other entities participating in the website, and its and their officers, directors, partners, principals, managers, members, employees, contractors, agents, successors, and assigns.
THE WEBSITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE COMPANY CANNOT ASSUME RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER DATA, COMMUNICATIONS, OR PERSONALIZATION SETTINGS. THE COVERED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE COVERED PARTIES ARE NOT — AND WILL NOT BE — LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH OUR WEBSITE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF ANY OF COVERED PARTIES RELATED TO YOUR USE OF THE WEBSITE BE GREATER THAN $100.00.
5.2 Indemnification
You agree to protect, indemnify and fully compensate the Covered Parties from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorney's fees) arising from your failure to comply with this Agreement, any content you submit to COLLECTIVE, or any activity in which you engage on or through COLLECTIVE.
5.3 Choice of Law
This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California. If any provision of this Agreement is invalid or unenforceable under applicable law, it is deemed omitted, and the remaining provisions will continue in full force and effect.
5.4 Entire Agreement
These Terms embody the entire agreement between you and the company. It may not be orally altered, modified, or amended unless reduced to a writing signed by the parties.
5.5 No Waiver
No delay or omission to exercise any right, power or remedy accruing to any party under these Terms shall impair any such right, power or remedy of such non-breaching or non-defaulting party nor shall it be construed to be a waiver of any such breach or default.
5.6 Notices
Notices by COLLECTIVE to users may be given by means of electronic messages or by a general posting on the service. For general legal notices, please use the following email: hello@collectiveclo.com
6. ARBITRATION
If a dispute arises under this Agreement, the parties agree to submit the dispute to binding arbitration in Los Angeles, California, conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association.
You agree that, by entering into this Agreement, you and the company are waiving the right to a trial by jury. You and the company agree that YOU AND THE COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding.
Questions?
Email us anytime: hello@collectiveclo.com