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True Classic Tees LLC
TERMS OF USE AND SERVICE
Welcome to www.trueclassictees.com and any related websites and mobile applications (collectively, the “Website”), which is owned and operated by True Classic Tees LLC (“True Classic Tees”, the “Company”, “we”, “us” or “our”). All references to the Website include this URL, as well as micro-sites related to this URL, as well as other websites or pages owned by the Company. All references to the Company include the affiliates of the Company.
Please read this Terms of Use and Service document (hereinafter referred to as this “Agreement”) carefully before using this Website, including without limitation before using any of the features or content provided by this Website or before purchasing or otherwise using the Company’s Goods (as defined herein) that are offered, made available, or otherwise sold through this Website.
These Terms of Use and Service REQUIRE all disputes between you and us will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) to assert or defend your rights under these Terms of Use and Service (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below titled Dispute Resolution for the details regarding your agreement to arbitrate any disputes with us.
THIS AGREEMENT GOVERNS NOT JUST USES OF THE WEBSITE, BUT ALL INTERACTIONS WITH THE COMPANY, WHETHER ON THE WEBSITE, VIA TEXT, OR OVER THE PHONE, OR IN ANY OTHER METHOD. PLEASE CAREFULLY REVIEW THIS AGREEMENT, SO THAT YOU UNDERSTAND THE TERMS AND CONDITIONS OF YOUR USE OF THE WEBSITE, AS WELL AS THE USE OF OUR GOODS.
YOUR INTERACTIONS WITH US MAY INCLUDE CORRESPONDENCE BY TEXT. PLEASE NOTE THAT STANDARD TEXT MESSAGE RATES MAY APPLY AND YOU ARE RESPONSIBLE FOR ANY COSTS OR FEES INCURRED IN CONNECTION WITH SENDING OR RECEIVING TEXTS TO OR FROM US.
This Agreement applies to all visitors, users, purchasers and others who wish to access or use this Website for any purpose (“User” or “you” or “your”). The Company provides this Agreement to notify all such users of the Company’s terms and conditions which govern their use of this Website and/or any purchase or any other uses of any of the Company’s Goods.
YOUR ACCESS TO AND USE OF THIS WEBSITE AND USE OF OUR SERVICE IS CONDITIONED UPON YOUR ACCEPTANCE OF AND COMPLIANCE WITH, WITHOUT MODIFICATION, THIS AGREEMENT.
BY CONTINUING TO ASSESS AND/OR USE THIS WEBSITE YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE TRUE CLASSIC TEES PRIVACY POLICY (AS DEFINED HEREIN), AND ALL OTHER POLICIES OF THE COMPANY AS OF THE DATE OF YOUR FIRST USE OF THIS WEBSITE.
NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS AGREEMENT WILL BE ACCEPTED BY THE COMPANY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU SHOULD NOT USE THIS WEBSITE.
THIS AGREEMENT IS A LEGALLY BINDING CONTRACT GOVERNING THIS WEBSITE AND THE PURCHASE AND SALE OF OUR GOODS. YOU SHOULD DOWNLOAD AND PRINT THIS AGREEMENT FOR YOUR RECORDS.
In addition to this Agreement, by using this Website, you also agree to our Messaging Terms and Privacy Policy and Mobile Terms of Service.
By visiting this Website, you agree to the following:
In addition to all other defined terms in this Agreement, the following terms have the following meaning:
THE WEBSITE, ANY OTHER TRUE CLASSIC TEES IP ASSETS, THE GOODS, AND ALL CONTENT PROVIDED ON OR THROUGH THE WEBSITE OR IN ASSOCIATION WITH THE GOODS, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND COMPANY EXPLICITLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY PERSON ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES MAKES ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, ANY OF THE COMPANY IP ASSETS OR THEIR CONTENT.
WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANYONE ASSOCIATED WITH THE COMPANY OR ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE WEBSITE, OTHER TRUE CLASSIC TEES IP ASSETS, THE GOODS , OR THEIR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ANY OF THE WEBSITE OR THE COMPANY SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE, OTHER TRUE CLASSIC TEES IP ASSETS, THE GOODS , OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
REGARDLESS OF THE FORM OF ACTION , WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS CONTENT PROVIDERS, OR ANY OF THE COMPANY’S OR ITS AFFILIATES’ DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUCCESSORS OR ASSIGNS (HEREINAFTER COLLECTIVELY REFERRED TO AS THE “COMPANY GROUP”), BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY OTHER TRUE CLASSIC TEES IP ASSETS, THE GOODS , OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE WEBSITE, OTHER TRUE CLASSIC TEES IP ASSETS, THE GOODS, AND THEIR CONTENT IS AT YOUR SOLE RISK. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, THE PARTIES AGREE THAT THE COMPANY’S (AND THE ENTIRE COMPANY GROUP’S) TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, WILL NOT EXCEED THE TOTAL AMOUNT OF PAYMENTS OR OTHER FEES ACTUALLY RECEIVED IN THE PRIOR TWELVE MONTH PERIOD BY THE COMPANY FROM A USER UNDER THIS AGREEMENT.
INDEMNIFICATION. Each user hereby agrees to defend, indemnify and hold harmless the Company, its affiliates, and their officers, directors, employees, agents, licensors, content providers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Agreement or your use of the Website, any other True Classic Tees IP Assets, the Goods or any content provided therein.
ACCESSIBILITY STATEMENT.
The Company is committed to providing outstanding service to people with disabilities — and want everyone to be able to access and use this Website (including without limitation procuring any Goods through this Website).
THE FOLLOWING SETS FORTH THE TRUE CLASSIC TEES’S ACCESSIBILITY STATEMENT FOR THIS WEBSITE:
We are committed to making our website as accessible as possible to people with special needs, including those with visual, hearing, cognitive and motor impairments. We're constantly working towards improving the accessibility of our website to ensure we provide equal access to all of our users.
We always make sure that our website follows accessibility best practices by following the principles of universal design. This ensures the site is flexible and adaptable to different users’ needs or preferences and is accessible through a variety of different technologies, including mobile devices or assistive technologies.
Web Content Accessibility Guidelines (WCAG) 2.0
We are committed to accessibility and believe that all of our consumers should be able to fully and completely access and use our digital offerings. This is an ongoing commitment, and we will continue its efforts to ensure its website is accessible to, and usable by, all persons including those with disabilities.
Wherever possible, we leverage Web Accessibility Developer Tools to ensure WCAG 2.0 compliance is met, and use general best practices provided by Web Content Accessibility Guidelines.
We welcome feedback on your experience on this site. If you have any accessibility comments or concerns, or if you would like to request any modifications, please let us know: support@trueclassic.com.
We are committed to providing an accessible service. If you experience problems or have any suggestions for improvement, please get in touch with us. We do continuous improvement based on your feedback.
Email: support@trueclassic.com
We will do our best to respond to feedback within 3 business days.
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND IMPACTS HOW CLAIMS YOU AND THE COMPANY MAY HAVE AGAINST EACH OTHER ARE DETERMINED.
We will work in good faith to resolve any issue you have with the Site working in accordance with the stated specifications we provide, if you bring that issue to the attention of our customer service department. However, we realize there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.
In the interest of resolving disputes between you and True Classic Tees in the most expedient and cost-effective manner, you and True Classic Tees agree that ALL disputes arising out of or related to this Agreement, the Privacy Policy, and/or your use of the Site or any of True Classic Tees’s Goods, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms of Use and Service and any other contractual relationship between you and True Classic Tees. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRUE CLASSIC TEES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.
All such Changes will take effect immediately upon their posting on the Website. The Company reserves the right to make any and all Changes without providing individualized notice to a User. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF ANY SUCH CHANGES TO THIS AGREEMENT, THE TRUE CLASSIC TEES PRIVACY OR TO ANY OTHER COMPANY POLICY SHALL CONSTITUTE AND BE DEEMED TO BE YOUR ACCEPTANCE OF ALL SUCH CHANGES TO THE FOREGOING, THUS, YOU SHOULD REGULARLY REVIEW AND PRINT THIS AGREEMENT FOR YOUR RECORD
If you have any questions about the Website or this Agreement in general, please contact us by any of the following methods:
At: support@trueclassic.com
True Classic Tees is pleased to offer the True Classic Tees mobile application (“App”). The availability of the App is dependent on applicable mobile application platform from which you download apps (each, an “App Store”). You acknowledge that this Agreement is between you and True Classic Tees and not with the App Store. True Classic Tees, not the App Store, is solely responsible for the App. Each App Store and its affiliates are third-party beneficiaries of this Agreement and will have the right to enforce them. You must comply with the rules and regulations related to each App store, whether the rules are identified herein or not.
When you access the App through the Apple App Store, you will only use the App on an Apple-branded product that runs Apple iOS, in compliance with Apple’s usage terms. You also agree:
Push Notifications
If you download the App, you may receive push notifications sent to you outside or inside the App which may include alerts, badges, banners and sounds (“Push Notifications“). If you agree to allow Push Notifications, then the App will generate Push Notifications on your mobile device. You may control the Push Notifications in your device’s settings. Some of the Push Notifications may be related to your location. Your carrier may charge standard data and other fees for use of Push Notifications, and these fees may appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Push Notifications and certain Push Notifications may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. You may discontinue Push Notifications in your device’s settings or by deleting the App. We may collect information related to your use of Push Notifications.
True Classic Tees complies with the Digital Millennium Copyright Act (“DMCA”). Any notices given pursuant to the DMCA shall be given to True Classic Tees’s designated agent via email at support@trueclassic.com or via registered US mail sent return receipt to: DMCA Compliance Agent, True Classic Tees, 26635 Agoura Rd, Ste 105., Calabasas, CA, 91302.