TERMS AND CONDITIONS
Welcome to Size Up Supplements. These Terms of use (“Terms and Conditions”) govern your use of the websites located at www.sizeupapparel.com (referred to as, the “Site”). These Terms conjointly govern any account you may have on www.sizeupapparel.com (“Site Account”).
The Services are made accessible to you by Urban Guerilla City Wear Swagger (“Urban Guerilla City Wear Swagger,” “us,” or “we”). Please review these Terms before using the Services, as well as making purchases, creating an account, using the site, or interacting within the Program. These Terms, which may be changed from time to time, apply to all visitors to, and users of, the Services.
BROWSING, ACCESSING, OR OTHERWISE USING THE SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS TOGETHER WITH THE ARBITRATION PROVISION WITH A CATEGORY ACTION WAIVER, THEREFORE PLEASE READ THESE TERMS THOROUGHLY BEFORE CONTINUING.
In addition to these Terms and Conditions, please also review our Privacy Policy, for details of our policy concerning the utilization of personal information collected in reference to the Services.
From time to time, we may update the Services and these Terms. for instance, we reserve the right to add, withdraw, or otherwise modify how you can earn Points at our sole discretion, with or without informing you. Your access and use of the Services after we post any changes to these Terms will constitute your agreement to those changes. You comply with reviewing these Terms sporadically to make sure that you are conversant in the most recent version. Urban Guerilla City Wear swagger may, in its sole discretion, at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without informing you or may disallow your utilization of the Services with or without notifying you. You confirm that you do not have any rights in the Services and that Urban Guerilla City Wear Swagger will have no liability to you if the Services are discontinued or any content you may have posted on the Services or your ability to access the Services is terminated. In the event of a violation of these Terms and conditions, we have the right to seek all remedies available in equity or by law.
LIMITED LICENSE
If only otherwise indicated, the Services, any contents, or materials, including without restriction, images, all text, artwork, pictures, audio, and video; all materials offered related to or in connection with the Program; including all scripts, HTML code, and software are the exclusive property of Urban Guerilla City Wear Swagger and are protected by copyright, emblem, trade dress and other laws, as well as other U.S. and international laws and treaties. All Materials are provided by Urban Guerilla City Wear swagger as a service to its current and prospective customers and visitors to the Services and may be used only for personal, informational purposes and only if you also retain all copyright and other proprietary notices contained in the Materials. No right, interest or title in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of our Materials without our Urban Guerilla City Wear Swagger prior written permission, and (b) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Urban Guerilla City Wear Swagger may revoke this limited license at any time for any or no reason. Urban Guerilla City Wear Swagger reserves all rights, not Urban Guerilla City Wear Swagger granted.
TRADEMARKS
Urban Guerilla City Wear swagger retains all rights concerning their emblems, trade names, brand names, and trade dress. These marks, names or trade dress, and all associated logos or images are registered, and common law emblems of Urban Guerilla City Wear Swagger and are protected by U.S. and international laws and treaties. No license to the utilization of such marks, names or trade dress is granted to you under these Terms or by your use of the Services. Your misuse of the emblems displayed on the Services is strictly prohibited. The Services may also contain references to other emblems, trade names, brand names, and trade dress from entities aside from Urban Guerilla City wear swagger. These emblems, trade names, brand names, and trade dress are the property of the respective owners and references to them don’t suggest sponsorship or association with Urban Guerilla City Wear Swagger.
PROHIBITED USES OF THE WEBSITE
You shall not post, upload, transmit, redistribute, or promote any communications, materials or content that (a) contain viruses, corrupted files, or any other similar software files, the intent of which is to damage the operation of another’s computer; (b) are defamatory, unlawful, abusive, threatening, harassing, invasive of privacy or publicity rights, vulgar, profane, sexually explicit, obscene, hateful, indecent, racially or ethnically derogative, or otherwise objectionable; (c) give rise to civil liability; (d) contain any unsolicited advertising, promotional materials, or other kinds of solicitation to other users, people or entities; (e) impersonate any individual, business or entity, as well as our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) contain chain letters or pyramid schemes; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Urban Guerilla City Wear Swagger, restricts, impairs, inhibits or interferes any other user from using or enjoying the Services and/or our connected services and products (“Prohibited Uses”).
USE OF CREDIT CARDS AND ACCOUNTS
Certain areas of the site need registration or ask you to provide information to participate in certain options. If you elect not to provide such information, you may not be able to access certain content or participate in certain options of the site, or any features at all. If you submit information to us, you produce an Account on the site, or otherwise, you would like to complete the required process by providing us with current, complete, and accurate information as requested by the applicable registration form. It’s your responsibility to take care of the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do. Therefore, you will be responsible for it. Regarding the registration process, you may be asked to provide your valid email address and name and select a password. It’s entirely your responsibility maintain the confidentiality of your password and Account(s). Also, you’re entirely liable for any and all activities that occur under your Account(s). You comply with notify SIZE UP APPAREL LLC immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise broadcast any user ID, password, or other information which provides you access to the site. Urban Guerilla City Wear swagger isn’t responsible for any loss that you may incur as a result of somebody else using your password or Account(s), either with or without your knowledge and isn’t responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.
If you want to purchase any product or service made accessible through the Services, you may be asked to provide certain information relevant to your transaction, as well as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU ARE LICENCE TO USE ANY CREDIT CARD(S) UTILIZED ABOUT ANY TRANSACTION AS YOU HAVE WARRANT AND REPRESENT. By submitting such information, you grant the third party collecting that information on our behalf the right to provide such information to third parties for functions of facilitating the completion of transactions initiated by you or on your behalf or us. Verification of information may be required before the acknowledgment or completion of any dealing. YOU AGREE and UNDERSTAND THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR PRODUCT OR SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT THE DEALING FOR THE PURCHASE OF PRODUCTS OR SERVICES IS FINAL AND COMPLETE AT THE TIME YOU’RE CHARGED. You comply with paying all charges incurred by you, on your behalf, or by your Account(s) through the Services, at a price in impact when such charges are incurred. You’re solely liable for any taxes applicable to your dealing.
LINKING
Periodically, links may be established from these Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are for your convenience solely. Also, certain Third-Party Services conjointly may offer links to the Services. These links shouldn’t necessarily be deemed to imply that Urban Guerilla City Wear Swagger endorses the Third-Party Services or any content therein.
Urban Guerilla City Wear Swagger doesn’t support management and isn’t accountable or chargeable for any Third-Party Services or any content, advertising, products, or other materials on or accessible from such Services. Access to any of these Services is at your own risk and as well Urban Guerilla City Wear Swagger will have no liability arising out of or associated with such Third-Party Services and/or their content or for any damages or loss caused or alleged to be caused by or in reference to any purchase, reliance on or use of any such content, goods, or services accessible on or through any such Third-Party Services.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
Urban Guerilla City Wear Swagger (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy https://ww.urban guerilla Lifestyle conditions (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
– Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
– Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
– Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received.
– Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Urban Guerilla Lifestyle’s principal place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES Urban Guerilla City Wear Swagger OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE CONCERNING THE SERVICES, OR ANY SOFTWARE OR INFORMATION THEREIN. Some jurisdictions disallow the disclaimer of implied warranties. In such jurisdictions, the preceding disclaimer might not apply to you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, EVEN WITH NEGLIGENCE, SHALL Urban Guerilla City Wear Swagger BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE UTILIZATION OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION THE LOCATION OR THE PROGRAM), NOR SHALL SIZE UP APPAREL LLC BE ACCOUNTABLE FOR ANY DAMAGES WHATEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS OPERATING OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SIZE UP SUPPLEMENTS LLC’S AFFORDABLE MANAGEMENT, AS WELL AS BUT NOT RESTRICTED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT, OR UNAUTHORIZED ACCESS TO THE SERVICES’ RECORDS, PROGRAMS, OR SITES. UNDER NO CIRCUMSTANCES, TOGETHER WITH BUT NOT RESTRICTED TO A NEGLIGENT ACT, WILL Urban Guerilla City Wear Swagger or ITS AFFILIATES OR AGENTS BE RESPONSIBLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE UTILIZATION OF, OR THE INABILITY TO USE, THE SERVICES, EVEN THOUGH Urban Guerilla City Wear Swagger HAS BEEN ADVISED OF THE CHANCE OF SUCH DAMAGES. SOME JURISDICTIONS DON’T PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE PRECEDING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULTS OF SIZE UP APPAREL LLC’S NEGLIGENT, DECEITFUL OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
REVISIONS
Urban Guerilla Lifestyle may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, at any time and without notice. Urban Guerilla City Wear Swagger also reserves the right, in its sole discretion, to change, add, modify or remove any portion of these Terms and conditions in part or whole, without notice and at any time. Urban Guerilla City Wear Swagger could terminate the authorization, rights, and license given above at any time and by surprise. Your continued utilization of these Services once any changes to these Terms are announced are going to be considered acceptance of those changes.
MISCELLANEOUS
These Terms and the Services are ruled by the U.S. and subject to all applicable federal, state, and local regulations and laws. All questions and issues concerning the development, interpretation, validity, and enforceability of these Terms and conditions, or the obligations and rights of you and SIZE Urban Guerilla in reference to the Services, shall be ruled by, and construed in accordance with, the laws of the State, U.S.A., without giving impact to the conflict of laws rules thereof, and any matters or proceedings which aren’t subject to arbitration as set forth above and/or for getting into any judgment on an arbitration award, shall happen in the federal, state and local courts.
Information Urban Guerilla City Wear Swagger
Collects
In addition to Personal Information, Site Information, and Performance Information (each as defined in the General Privacy Policy), in connection with any Giveaway that is part of the Program, Urban Guerilla City Wear Swagger Apparel, collects the following, as related to Participants: social media handle, email address, telephone number, and shipping address (collectively, and together with all Personal Information, Site Information and Performance Information relating to the applicable Participant, “Program Information”).
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