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Welcome to the LOST FORMAT (“LOST FORMAT”) websites, owned and operated by Shag 606, LLC. The LOST FORMAT websites include lostformatapparel.com and various other websites (each, a “Site” and collectively, the "Sites"). These Terms of Service (these “Terms") govern your use of each of the Sites and our online stores accessible via the Sites. The Sites and our services, including any mobile applications that we offer as well as other online tools, are collectively called the"Services".
PLEASE READ AND REVIEW THESE TERMS CAREFULLY, BECAUSE BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DON’T AGREE TO THESE TERMS, DO NOT USE THE SERVICES.
THE SECTION BELOW ENTITLED ”DISPUTE RESOLUTION“ REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST LOST FORMAT AND CONFIRMS YOUR AGREEMENT TO A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
We reserve the right to update or modify these Terms at any time in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Sites or through other communications. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Sites, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Services anymore. Because the Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
You may use the Services only if you are 18 years or older, are capable of forming a binding contract with us and are not barred from using the Services under applicable law. By using the Services, you represent and warrant that you are 18 years or older.
Account. If you want to use certain features of the Services, including purchasing products online, you’ll have to create an account (“Account”) via the Sites and provide your name and email address. Creation of your Account on one of the Sites will enable you to use the features available on any and all of the Sites. By creating your Account, you represent and warrant that you are 18 years or older.
It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. If you don’t, we may suspend or terminate your Account in our sole discretion.
You may be required to select a username and password when creating your Account. You are solely and fully responsible for maintaining the confidentiality of your own username and password, and you are solely and fully responsible for all activities occurring under your Account, whether you are aware of them or not.
You may not share your Account information, or allow access to your Account, by any third party. You agree to: 1) immediately notify LOST FORMAT of any unauthorized use of your username and password or any other breach of security; and 2) ensure that you log off from your account at the end of each session. LOST FORMAT shall not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your Account.
In General. We make available an online platform that allows you to purchase products, mainly clothes and accessories (“Products”). Through the Services you will be able to browse our Products and place orders.
Prices. The prices displayed for Products available for purchase via the Services represent the applicable retail prices, and do not include taxes, shipping or handling charges (to the extent applicable). Any applicable taxes, shipping or handling charges will be communicated to you before you place an order. The prices displayed on the Services are quoted in U.S. dollars. Prices are subject to change without notice. Products in your shopping cart reflect the current price displayed on the Product’s details page. Please note that this price may differ from the price displayed when the Product was first placed in your shopping cart.
Payment. By submitting an order through the Services, you agree to pay in advance the price of the Product(s) ordered, plus any applicable taxes, shipping and handling and/or other charges. Payment may be made by credit card or any other method of payment we may make available to you (each, a “Payment Method”). In order to make a payment, you must provide us with valid credit card and/or other billing information and authorize us (or any third party payment service provider engaged by us) to charge your Payment Method for all orders placed and accepted via the Services.
Order Confirmation. We will provide an email or other form of confirmation after receipt of your purchase order. Your receipt of an order confirmation merely confirms our receipt of your order and neither indicates our acceptance of your order nor confirms our offer to sell. As described in more detail herein, we reserve the right to refuse or limit or cancel any order you place with us in our sole discretion.
Shipment Confirmation and Delivery. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email confirming the Products have been shipped. You may choose the method of shipment and timing of delivery for Products you order if more than one method is available, and you will be charged shipping and handling charges accordingly based on your choice. We will not be held liable for deliveries that are delayed due to events that are beyond our control. However, we will work with you to ensure a smooth delivery.
Cancellation, Return and Exchange Policies. You may cancel an order at any time prior to shipment, and you will receive a full refund to the Payment Method you chose. Once you receive the Products, we have a fourteen (14) day return policy where you may return the Products in exchange for either a full refund or a replacement of the item you purchased, as determined in our reasonable discretion. If you wish to return a Product, please contact us at info@lostformatapparel.com. As part of our return policy, products must beunworn, unwashed, and in the original condition you received them prior to returning them to LOST FORMAT. You agree that any applicable shipping and/or handling charges are non-refundable. You further agree that you will be responsible for all shipping charges incurred in returning the items.
Product Information. Most Products displayed on the Services are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Services is no longer in stock, we use our best efforts to remove such Product from the Services in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at info@lostformatapparel.com or 1-877-294-7734.
Errors, Inaccuracies and Omissions. We make every effort to present the most recent, accurate, and reliable information on the Services at all times. However, occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, and availability. Any errors are wholly unintentional and we reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Payment Method charged. If your Payment Method has already been charged for the purchase and your order is cancelled, we will issue a credit to your Payment Method in the amount of the incorrect price.
Colors & Style. We have made every effort to display as accurately as possible the colors and styles of Products that appear on the Services. We cannot guarantee that your computer monitor's display of any color or style will be accurate.
Cancellation of Orders. We may, in our sole discretion, limit or cancel quantities purchased per person, household or order. These restrictions may include orders placed by or under the same Account, Payment Method, email address, and/or using the same billing and/or shipping address. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. We also reserve the right to cancel, modify or suspend any order placed if we determine in our sole discretion that a user has violated these Terms, including by engaging in any fraudulent or misleading activity (for example, by using false names, multiple identities, multiple email accounts or email addresses, impersonating another person or otherwise providing false or misleading information), or if we believe, in our sole discretion, that a user’s conduct violates applicable law or is harmful to our interests. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was made. If we cancel all or any part of your order after your Payment Method has been charged, we will refund the billed amount.
Please refer to our Privacy Policy, located at lostformatapparel.com/privacy, for information on how we collect, use and disclose information from our users. In addition to the terms contained herein, you agree to our privacy practices described in the Privacy Policy.
We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by email at info@lostformatapparel.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
For purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Account holders (including you) provide to be made available through the Services or transmit to us through the Services (including by email). Content includes without limitation User Content.
LOST FORMAT does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, LOST FORMAT and/or its licensors exclusively own all right, title and interest in and to the Services and Content (other than User Content), including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. LOST FORMAT, all related names, logos, product and service names, designs and slogans are trademarks of LOST FORMAT and/or its licensors. You must not use such marks without the prior written permission of LOST FORMAT. All other names, logos, product and service names, designs and/or slogans on the Sites are the trademarks of their respective owners. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content Granted by You. By making any User Content available through the Services, you hereby grant and warrant that you have the right to grant to LOST FORMAT a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable and sublicensable license to use, copy, modify, create derivative works based upon, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Services and Content to you and to other Account holders.
You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You further represent and warrant that you have obtained all necessary consent and authority from any individual whose likeness appears in any of User Content which you post on or submit to the Service to: 1) post and submit such content on or to the Service; and 2) permit LOST FORMAT and our licensees, affiliates, and successors to use such content in accordance with the foregoing license.
You hereby waive, represent, and warrant that you have obtained the waiver of any and all moral rights in User Content that you submit or post on or through the Service including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
Any and all User Content that you make available through the Services shall be deemed non-confidential and nonproprietary. We do not monitor or approve content posted or submitted to the Service by any other user; however, we may, in its sole and unfettered discretion, edit, remove, or delete any of UserContent. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Without limiting the foregoing, we have the right and obligation to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND RELEASE LOST FORMAT, ITS AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS FROM ANY CLAIMS YOU MIGHT BRING RESULTING FROM ANY SUCH PARTY’S COOPERATION WITH SUCH AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH AN INVESTIGATION.
Prohibited User Content. As a condition of accessing and using the Service, you agree not to post or submit content that:
Rights in Content Granted by LOST FORMAT. Subject to your compliance with these Terms, LOST FORMAT grants you a limited, non-exclusive, non-transferable, non-sublicensable license to view and print the Content solely in connection with your permitted use of the Services and solely for your personal and noncommercial purposes.
Your Responsibilities. By registering for, accessing and using the Service, you understand and agree that you are responsible for the following:
Restrictions on Use. You further agree not to:
The Services may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. If you use the links, you will leave the Services and your activities may be governed by other terms and conditions and privacy practices. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
You are solely responsible for interactions with other Service users. LOST FORMAT shall not be responsible for any damage or harm resulting from your interactions with other users of the Service.
You understand that LOST FORMAT does not screen users. We make no representations or warranties as to user conduct. We reserve the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any UserContent which we consider prohibited.
We reserve the right, at any time in our sole discretion and without notice to you, to modify, suspend or discontinue the Services and Content. We may also impose rules for and limits on use of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of any Services or Content.
We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to us at info@lostformatapparel.com. Upon any termination, discontinuation or cancellation of Services or your Account, the following provisions will survive: “Prices”, “Payment”, “Cancellation, Return and Exchange Policies”, “Errors, Inaccuracies and Omissions”, “Cancellation of Orders”, “Privacy Policy”, “Feedback”, “Content and Content Rights”, “Content Ownership, Responsibility and Removal”, “Acceptable Use Policy”, “Links to Third-Party Websites or Resources”, “Warranty Disclaimers”, “Indemnification”, “Limitation of Liability”, “Governing Law”, “Dispute Resolution” and “General Information”.
Your use of the Services and Content and your purchase of Products are at your sole risk. THE SERVICES, CONTENT AND PRODUCTS ARE PROVIDED "AS IS" without warranty of any kind. Without limiting the foregoing, LOST FORMAT EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services or Products will meet your requirements or that the Services will be available on an uninterrupted, secure, or error-free basis. LOST FORMAT makes no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of Products sold via the Services. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE USING SUCH SERVICES.
LOST FORMAT SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. LOST FORMAT SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE RESULTING FROM USE OF THE SITE OR SERVICE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. YOU ACCESS THE SERVICE AT YOUR OWN RISK AND ARE SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. LOST FORMAT SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. LOST FORMAT SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICE. LOST FORMAT SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION, OR ALTERATION OF YOUR COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM LOST FORMAT OR THE SERVICE SHALL CREATE ANY WARRANTY.
You agree to indemnify, defend, and hold harmless the LOST FORMAT Parties (as defined below), and any of their respective directors, officers, employees, and agents, from and against all claims, liabilities, damages, expenses and costs (including reasonable attorneys' fees) arising out of or related to or in connection with: (1) your violation of these Terms; (2) any third party claim against any LOST FORMAT Party alleging that User Content posted or submitted to the Service infringes any of the third party’s rights; (3) any cost or expense LOST FORMAT incurs in enforcing this Section. LOST FORMAT reserves the right to control the defense and settlement of any action or proceeding against any LOST FORMAT Party that you are bound to defend pursuant to the foregoing.
IN NO EVENT SHALL LOST FORMAT, ITS AFFILIATES, LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (“LOST FORMAT PARTIES”), OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, OR SERVICE INTERRUPTION OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, PRODUCTS OR THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY BASED ON WARRANTY, CONTRACT OR TORT (WHERE THE LEVEL OF CULPABILITY REQUIRES A NEGLIGENCE STANDARD), WHETHER OR NOT LOST FORMAT OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE WHETHER OR NOT LOST FORMAT OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL LOST FORMAT’S OR THE LOST FORMAT PARTIES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO LOST FORMAT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILTY, IF ANY, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LOST FORMAT, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LOST FORMAT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES OR JURISDICTIONS, LOST FORMAT’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services.
Software, if any, that may be downloaded from the Services is subject to export controls under the laws and regulations of the United States. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
These Terms and any action related thereto will be governed by the laws of the State of Illinois without regard to its conflict of laws provisions.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND LOST FORMAT WILL BE GOVERNED BY THE ARBITRATION AGREEMENT AND HANDLED ON AN INDIVIDUAL, NON-CLASS BASIS, AS SET FORTH BELOW.
Informal Dispute Resolution. We want to address your concerns without the need to initiate a formal legal case. In the event of a dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or the use of the Services or Content (collectively, a “Dispute”), you and LOST FORMAT agree to try to resolve such Dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute and the relief requested. You must send any such notice to LOST FORMAT at info@lostformatapparel.com. We will contact you via email at the address specified in any such notice or the address we have on file for your Account. You and LOST FORMAT agree to use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a Dispute is not resolved within thirty (30) days of such submission, you or LOST FORMAT may resort to the other alternatives described in this section.
Agreement to Arbitrate. In the event that any Dispute is unresolved through informal discussions within thirty (30) days as described above, you and LOST FORMAT agree to resolve such Dispute through final and binding arbitration, except as set forth under “Exceptions to Agreement” to Arbitrate below.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by contacting info@lostformatapparel.com within thirty (30) days of your first use of any of the Sites and stating that you decline this arbitration agreement. If you have an account on any of the Sites, the opt-out notice must include the email address we have on file for that account.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in Chicago, Illinois and you agree to submit to the personal jurisdiction of any state or federal court in Chicago, Illinois.
If your or LOST FORMAT’ claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and LOST FORMAT submit to the arbitrator, unless the party bringing the claim requests a hearing or the arbitrator determines that a hearing is necessary. If your or LOST FORMAT’ claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
LOST FORMAT will pay all filing and arbitration fees for claims of less than $75,000 unless the arbitrator determines that a claim is frivolous or was brought for an improper purpose. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney's fees and expert witness costs, unless LOST FORMAT is otherwise specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Exceptions to Agreement to Arbitrate. Notwithstanding the foregoing, either you or LOST FORMAT may assert claims, if they qualify, in small claims court in Chicago, Illinois or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or Content or actual or threatened intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute resolution process described above.
No Class Actions. You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, joint, consolidated or representative action. Further, unless you and LOST FORMAT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class, joint, consolidated or representative proceeding.
Judicial Forum for Disputes. If any court or arbitrator determines that the class, joint, consolidated or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, joint, consolidated or representative basis, then the Dispute will not be subject to arbitration and, other than small claims actions, must be brought in the appropriate federal or state court in Chicago, Illinois. Both you and LOST FORMAT consent to venue and personal jurisdiction there.We both agree to waive our right to a jury trial.
Any claim or cause of action you may have with respect to LOST FORMAT, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.
We are not required to and do not collect sales or use tax in all states. However, your purchase may be subject to your state’s sales or use tax. The purchase is not exempt merely because it is made over the Internet, by catalog, or by other remote means. You are responsible for all of your tax reporting obligations in connection with any purchases made through the Service.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or proprietary information without obtaining the prior written consent of the owner. If you believe that your work has been copied and posted on the Service in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
Notice of claims of copyright infringement should be provided to LOST FORMAT’s Copyright Agent at the following address:
Agent: LOST FORMAT Copyright Agent
Address: Shag 606, LLC
[INSERT ADDRESS]
Fax: N/A
Email: info@lostformatapparel.com
LOST FORMAT will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
These Terms constitute the entire agreement between you and LOST FORMAT, govern your use of the Services, and supersede any prior agreements between you and LOST FORMAT. You may also be subject to additional terms and conditions that are applicable to certain parts of the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without LOST FORMAT’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. LOST FORMAT may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. The section titles in these Terms are for convenience only and have no legal or contractual effect.
You agree that no joint venture, partnership, employment, or agency relationship exists between LOST FORMAT and you as a result of these Terms or your use of the Services.
The failure of LOST FORMAT to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms deemed enforceable by applicable courts of law.
If you have any questions about these Terms or the Services, please contact us atinfo@lostformatapparel.com