TERMS OF SERVICE

Welcome to The Club Apparel website, www.theclubapparel.com (the “Website”). Except as otherwise noted herein, these terms and conditions (the “Terms”) govern your use of the Website and The Club Apparel’s services, applications, content, and products (collectively, the “Services”). These Terms include our Privacy Policy, available here, which is hereby incorporated by reference. You acknowledge, agree to, and consent to these Terms by clicking “I Agree,” “Ok,” or by using the Website.

Both you and The Club Apparel agree to resolve all disputes through BINDING ARBITRATION as further provided below. ARBITRATION MEANS THAT YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

These Terms may be amended from time to time. Please periodically review the controlling, online version of these Terms. By clicking “I Agree,” “ok,” or continuing to use the Website after an amended version of these Terms is made available, you acknowledge, agree to, and consent to such amendments.

YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO THE STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS, BROWSE OR USE THE WEBSITE, AND SHOULD DISCONTINUE YOUR ACTIVITIES IMMEDIATELY. IF YOU ACCESS OUR WEBSITE, YOU ARE AGREEING TO THESE TERMS.

When using the Website, you shall be subject to all displayed rules and policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other websites governed by different terms.

You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions and that you are at least 18 years of age. Do not place orders through theclubapparel.com if you are not 18 years old or older.

We do not represent that the Website is governed by or operated in accordance with the laws of other nations, or that the Website or any portion of it is appropriate or available for use in any particular location. If you choose to access the Website, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.

ABOUT OUR WEBSITE

We provide users with access to communications tools, which may be accessed through any medium or device now known or hereafter devised, including websites, software, and applications that deliver and receive information through a network of properties. Unless explicitly stated otherwise, any new tools that alter or improve the current Website shall be included in the definition of “Website.”

Our Website provides information regarding, and the opportunity to purchase, a variety of clothing products and accessories.

ACCESSING THE WEBSITE

You may access portions of the Website without registering. However, to access some portions and features of the Website, and to make purchases, you will be required to register an account with and sign into the Website. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign in to the Website, and you are fully responsible for all activities that occur under this password and username. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at info@theclubapparel.com. In the event you use our Website over mobile devices, you acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply.

PRICING AND PRODUCT DESCRIPTIONS

Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors, or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors. We cannot guarantee that information displayed on the site is 100% accurate. In the event that a product is listed at an incorrect price or a product description is inaccurate, we shall have the right, in our sole discretion, to reject any order or to cancel any orders placed for that product. In those circumstances, if your credit card has already been charged, we will issue a credit to your credit card within a commercially reasonable amount of time.

We make reasonable efforts to display, as accurately as possible, the colors of our products. However, the actual colors you see depend on your monitor or device, and thus we cannot guarantee that the colors of products you see when viewing the Website will be accurate.

ORDER LIMITATIONS

We reserve the right to limit, in our sole discretion, the quantities of any product that may be purchased on a per person or per order basis.

SHIPPING, GUARANTEE, AND RETURN POLICY

Please refer to our Shipping Policies, Guarantees, and Return Policies for more information on our shipping rates and other policies and procedures, all of which are incorporated herein by reference.

All purchases from The Club Apparel, except for online gift cards, are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

We accept returns postmarked within 30 days from the date your order was shipped. The Club Apparel does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, The Club Apparel does not take title to the refunded item. Refunds are issued in the form of online credit. Refunds cannot be returned to alternate cards or different forms of payment.

 

PROHIBITED CONDUCT/REPRESENTATIONS AND WARRANTIES

You represent and warrant that you will not use the Website to:

  1. Violate any law (including without limitation laws related to torts, contracts, export controls, patents, trademarks, trade secrets, copyrights, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
  2. Act in a manner that negatively affects other users’ ability to use the Website, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent, or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
  3. Post any User Content that we determine in our sole discretion is: (i) unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise discriminatory; (ii) is derogatory or harmful to The Club Apparel’s reputation; (iii) is harmful to children in any manner; and/or (iv) seeks to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap, or on any other basis.
  4. Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, or any other form of unauthorized solicitation;
  5. Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;
  6. Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own;
  7. Post any User Content for which you have not obtained all necessary written permissions and releases;
  8. Misrepresent any fact (including without limitation your identity);
  9. Post any software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, including by engaging in any denial of service attack or similar conduct;
  10. Exceed your authorized access to any portion of the Website;
  11. Collect or store personal data about anyone;
  12. Modify without permission any part of the Website;
  13. Obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Website;
  14. Exploit errors in design, features which are not documented, and/or bugs to gain access that would otherwise not be available;