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The following terms and conditions (the “Terms”) govern your interaction with AllDayShirts.com LLC (“AllDayShirts,” “us,” “company,” “our,” or “we”) when you visit, otherwise use, or make a purchase from AllDayShirts.com (the “Site”).
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms
NOTE: These terms contain an arbitration agreement, a class action waiver, and jury trial waiver
By visiting, otherwise using, or purchasing something from the Site, you engage in our “Service(s)” and agree to be bound by these Terms as well as any additional terms and conditions, policies, and notices, including but not limited to our Privacy Policy, referenced herein and/or available by hyperlink in the footer of the website. If you are using the Services on behalf of an organization or entity, then you certify that you are legally authorized and permitted to bind such organization or entity to these Terms.
If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any of our Services.
By agreeing to these Terms, you represent that you are at least 18 years of age or older.
These Terms apply to all users of the Site, including, without limitation, users who browse, purchase, and/ or contribute content.
A breach or violation of these Terms may result in an immediate termination of your access to the Site.
We reserve the right to refuse to provide our Services at our sole discretion. You may not use the Services for any illegal, unauthorized, destructive, or otherwise objectionable purpose.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site without our express written permission.
We are not responsible if the information made available on the Site is not accurate, complete, or current. The information on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting any available primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on the Site is at your own risk. The Site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
You expressly acknowledge that disclosure of your payment information to us gives us the authorization to charge your account the total amount for the products ordered. By placing an order, you represent and warrant that
i the credit card or other payment method information you provide to us is true, correct, and complete,
ii you are duly authorized to use such credit card or other payment method for the purchase,
iii charges incurred by you will be honored and promptly processed by your credit card or other payment method, and
iv you will pay the actual charges incurred by you at the listed price(s), plus all shipping and handling charges and applicable taxes. Shipping and handling costs and any required taxes, including sales tax, are separate from and in addition to the listed prices.
Our products may be limited in quantities and are subject to our shipping, cancellation, return, and exchange policies. We are not responsible for your grammatical, spelling, or punctuation errors when placing an order or for any inferior quality or low-resolution uploaded images, among other design errors.
We try to display the descriptions, images, and colors of our products on the Site accurately, but we cannot guarantee that your device's display will be accurate. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Unless stated otherwise on a product page, we do not warrant that the quality of any products purchased or obtained by you will meet your expectations.
We reserve the right but are not obligated to limit the purchases and quantity of our products to any entity or person, geographic region, or jurisdiction. If we make a change to or cancel an order, we may attempt to notify you via the e-mail, phone number, or other form of contact provided when the order was made. We reserve the right to limit or prohibit orders for any reason and at our sole discretion. Any offer for any product made on this Site is void where prohibited.
There may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or any related website should be taken to indicate that all information on the Site or any related website has been modified or updated.
You agree to provide current, complete, and accurate information to us, including as it relates to any creation of accounts and for all purchases made. You agree to promptly update your information when necessary, including your email address and credit card or other payment information.
The Site contains various content that is protected by copyright, trademark, and other laws of the United States and/or other jurisdictions. Other than for third-party trademarks and/or other third-party intellectual property appearing on the Site, as between you and us, all rights, titles, and interest (including without limitation all copyright, trademark, patent, trade secret, and other intellectual property rights) in and to the Site (including without limitation all content appearing therein) belongs to us, and you have no rights in and to the Site other than as expressly set forth in these Terms. Except for that information which is in the public domain or for which you have been given express written permission by us, no content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without our prior written consent or, where applicable, our licensors. Any third-party trademarks and/or other third-party intellectual property appearing on the Site are the property of their respective owners.
We may provide you with access to third-party tools that we neither monitor nor control. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of third-party tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms provided by the relevant third-party provider(s).
If you send creative ideas, suggestions, proposals, plans, designs, comments, feedback, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and create derivative works of your Submissions and you agree, represent, and warrant that you have the necessary rights to grant said license to us and agree to provide us with evidence of such rights upon our request. Further, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use, in any medium, any such Submissions that you send to us. We are, and shall be, under no obligation (1) to maintain any Submissions in confidence, (2) to pay compensation for any Submissions, or (3) to respond to any Submissions. You agree that your Submissions will not be unlawful, offensive, abusive, false, misleading, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or which violate any party’s intellectual property or these Terms and that we may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion violates such prohibitions. You further agree that your Submissions will not violate any third party's rights, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights. You also agree that your Submissions will not contain any computer virus or other malware that could in any way negatively affect us or the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submissions. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions you or any third party make. Nothing in these Terms shall restrict lawful reviews as per state, federal, and other laws. You understand that your Submissions to us may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
The processing of personal information (as is regulatorily defined) is governed by our Privacy Policy.
In addition to other prohibitions as set forth in other sections of these Terms, you are prohibited from using the Site, its content, and our Services: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state laws, or other regulations, rules, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to compile data in a manner that is used or usable by a competitor product or service; or (l) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site, any related website, and the Services for violating any of the prohibited uses.
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 that your work has been copied and posted to the Site in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident. Our copyright agent for notice of claims of copyright infringement can be reached as follows via the contact information located at the end of these Terms.
We suggest that you consult with legal counsel before filing a notice with our copyright agent. You should note that there can be penalties for false claims under the DMCA.
We will, in appropriate circumstances and to the extent plausible, terminate the right of those who infringe the rights of copyright holders to interact with certain or all portions of the Site.
If you receive a notification from us concerning claimed infringement, you can provide us with a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to our copyright agent through the method(s) identified above, and include substantially the following information: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which we may be found, and that you will accept service of process from the person or entity that claimed infringement or an agent of that person. A party submitting a Counter Notification should consult a lawyer and see 17 U.S.C. $ 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from your use of the Site will be accurate or reliable. You agree that from time to time, we may remove the Site for indefinite periods of time or discontinue the Site permanently at any time without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services available via the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any of the services or any products procured using the Site, or for any other claim related in any way to your use of the Site or any product or service, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any product or service or any content posted, transmitted, or otherwise made available via the Site, even if advised of their possibility.
IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED THE PAYMENTS YOU PAID TO US IN CONNECTION WITH SUCH TRANSACTION(S). THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF US. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE PAYMENTS ACTUALLY RECEIVED BY US FROM YOU.
Because some jurisdictions do not allow the exclusion or the limitation of certain kinds of liability, such as may be the case for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless company, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and such determination of unenforceability shall not affect the validity and enforceability of any other remaining provisions.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Site or when you cease using our Site. We may, at our sole discretion, terminate these Terms, including and in particular, if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes if which by their nature should survive termination or expiration, including, without limitation, provisions concerning intellectual property rights, rights to payment(s), warranty disclaimers, and limitations of liability.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on this Site constitute the entire agreement and understanding between you and us and govern your use of the Site and Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
You agree that your sole and exclusive remedy for breach of the Terms as it relates to your purchase(s) shall be a replacement of the product(s) in question.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, excluding conflict of laws provisions thereof.
If you have a dispute arising out of these Terms, contact us first via the email address located at the end of these Terms, and we will attempt to resolve the dispute. In the event that we’re unable to resolve a dispute in this manner, you and company each agree to resolve any claim, dispute, or controversy (excluding any of company’s claims for injunctive or other equitable relief) arising out of or in connection with these Terms and/or the Services (collectively, “Claims”), by binding and confidential arbitration on an individual basis by the American Arbitration Association (“AAA”) under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein.
If there is a dispute about whether this agreement to arbitrate can be enforced or applies to a Claim, you and company agree that the issue shall be resolved exclusively by the arbitrator. The arbitrator is bound by the terms of this Agreement as a court would be. The Federal Arbitration Act shall govern all substantive and procedural interpretation and enforcement of this agreement to arbitrate. The arbitration will be conducted virtually through videoconference or in Florida. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may elect to have Claims heard in small claims court, which shall seek only individualized relief, so long as the action remains in that court and is not removed or appealed to a court of general jurisdiction. This election may be made at any time prior to the appointment of an arbitrator.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. In addition, each party retains the right to bring issues to the attention of any international, federal, state, or local government agencies.
All Claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Unless we agree otherwise, the arbitrator or a court may not consolidate more than one person’s Claims. You agree that, by entering into this arbitration agreement, you and company are each waiving the right to a trial by jury or to participate in a class action.
You and company each agree that any Claim filed with a court for any reason shall be filed in the United States District Court for the Southern District of Florida or the state courts of Florida in the County of Broward. You further hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of Broward, State of Florida, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
You have the right to opt out of this arbitration agreement by sending written notice of such decision to us at the address located at the end of these Terms, Attn: Arbitration Opt-Out, with a copy sent to the email address also located at the end of these Terms. Your notice must be received within 30 days from the date you first created an account on the Site and must include your name and address, the email address you used to set up an account on the Site, and a statement that you want to opt out of the arbitration provisions. If you opt-out as described above, we will automatically be deemed to have opted out of the agreement to arbitrate Claims as well and will be free to pursue legal claims in court against you in the event of any disputes.
YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR COMPANY’S INDIVIDUAL CAPACITIES, AND IN SO DOING, YOU AND COMPANY HEREBY WAIVE THE RIGHT TO ASSERT OR PARTICIPATE IN A CLASS ACTION (EITHER AS A NAMED PLAINTIFF OR CLASS MEMBER) OR TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR MASS ACTION OF ANY KIND CONCERNING THE OTHER PARTY. FURTHER, YOU AND COMPANY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND/OR SERVICES, MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You shall not assign your rights, duties, or obligations under these Terms, and any such attempted assignment or delegation of your rights, duties, or obligations will be void and of no force or effect whatsoever. We may freely assign any or all of our rights and obligations to others at any time at our sole discretion.
You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of traditional signing by the parties hereto to execute these Terms.
We will not be liable for any default or delay in the performance of our obligations hereunder if and to the extent such default or delay is caused directly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, pandemic, epidemic, riots, civil disorders, rebellions or revolutions in any country, or any other similar cause beyond our reasonable control.
For certain products, services, and promotions, supplemental terms may apply (“Supplemental Terms”). To the extent such Supplemental Terms are inconsistent with these Terms, the Supplemental Terms will control.
Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Site and/or sending you a notification via email and/or other means. Any updates, such as new features or tools that are added to the Site, shall also be subject to these Terms. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
We may provide any notice to you using commercially reasonable means, including by (i) posting a notice on the Site, (ii) sending a message to your email address provided by you, or (iii) using public communication channels. Notices we provide by posting on the Site or public communication channels will be effective upon posting, and notices we provide via email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address you provided, whether or not you actually viewed or received the email.
To give us notice under these Terms, you must contact us via the email address listed at the end of these Terms. Notices provided to us by email will be effective upon delivery.
Questions about the Terms or related notices should be sent to us at support@alldayshirts.com.
AllDayShirts.com LLC
2501 NW 34th Place SUITE 32
Pompano Beach FL 33069