Terms of Service

TERMS OF SERVICE OVERVIEW

This website, as well as any and all associated websites, mobile sites, and mobile applications (collectively referred to as the “Website”) is operated by Denim Tears LLC ("Denim Tears/us/we/our"). We offer this Website, including all information, products and services available from this Website, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF USE. If at any time you do not agree to these Terms of Use, please do not use this Website.

THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

NOTICE OF ARBITRATION: THESE TERMS OF USE REQUIRE YOU TO SUBMIT MOST DISPUTES TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE WEBSITE, THESE TERMS OF USE OR OUR PRIVACY POLICIES TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT, EXCEPT FOR SMALL CLAIMS COURT. MORE INFORMATION ABOUT ARBITRATION IS SET FORTH BELOW.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.

If you used a web proxy to purchase your order, we are not responsible for any mistakes or issues associated with your order. Including but not limited to — overbuying, wrong item purchased, incorrect shipping address or contact name.

SECTION 1 - CREATING AN ACCOUNT

You have the option of creating a user account to enable you to streamline the purchase of our products through the Website. Upon creation of your user account, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Website. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to anyone. You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release us, any third party content providers and licensors, and our and their respective directors, officers, employees, affiliates, agents and other representatives, from any and all liability concerning such transactions and other activities arising through your user account. You agree to notify us immediately of any actual or suspected loss, theft or unauthorized use of your user account or password. We have no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with this provision.

SECTION 2 - INTELLECTUAL PROPERTY OWNERSHIP AND USE

You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.

We grant you the limited right to access and make use of the Website as our customer. However, you shall not: (a) reproduce, duplicate, copy, sell or otherwise exploit the Website or any image, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose; (b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content; (c) use any meta tags, search terms, key terms, or the like that contain the Website’s name or our trademarks; (d) engage in any activity that interferes with the Website or another user’s ability to use the Website; (e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and the goods or services offered on the Website; or (f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

You may not use, copy, distribute, or exploit any of the Website Content in any manner without our prior written permission.

All Website Content and all materials and content contained within the Website, including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Website, are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.

SECTION 3 - ERRORS AND INACCURACIES

We strive to provide complete, accurate, up-to-date information on the Website. Unfortunately, despite those efforts, human or technological errors may occur. The Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.

You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display, and the look of products offered on the Website may not accurately reflect the look of the actual product. Please pay close attention to the written descriptions and specifications for products, and do not rely solely on product photographs.

SECTION 4 - CHANGES TO WEBSITE OR THESE TERMS OF USE

Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Website or any portion of it.

We may alter these Terms from time to time, and your use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed. If you do not agree to any change to the Terms then you must immediately stop using the Website.

The Website is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.

SECTION 5 - ORDERS, PRICE AND RESALE

Nothing on the Website constitutes a binding offer to sell you any products described on the Website or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. We utilize certain third-party services to provide product prices in your local currency. The local currency calculations are based upon those prices set by us in United States Dollars.Please be aware that fluctuations in currency exchange rates will affect the product prices in your local currency.In addition, as part of the conversion process, third-party service providers may round your local currency price to adjust for the fluctuating currency exchange rate and conversion fees.We have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged.

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

Remedies for Non-Payment. Except as otherwise specifically provided herein, if for any reason you cancel any payment made by credit card or otherwise fails to pay the total purchase price with respect to any products in accordance with these terms and conditions, or other listed terms identified in the product listings, you will be in default ("Buyer Default") and will be liable for payment of such total purchase price and any other applicable charges. In the event of Buyer Default in connection with any products, without limiting any other rights or remedies available to us or the seller (whether at law, in equity, or under these terms), subject to the Uniform Commercial Code, the we may cancel the sale of such property to the defaulting buyer and resell such property publicly or privately on terms the seller thinks fit, and the defaulting you will be liable for payment of any deficiency between the resale price obtained by the seller and the purchase price originally owed by you. In any case, you will be liable to us, for any and all costs, expenses (including reasonable attorneys’ fees), and damages of whatever kind incurred in connection with such Buyer Default, the collection of any amounts due from you. In addition, if you for any reason fail to pay the total purchase price with respect to any products in accordance with Section 5, you irrevocably authorizes us, at our option, to charge you for any outstanding portion of such total purchase price using any credit card information you have provided on the Website or in connection with the purchase, whether or not you provided such credit card information in connection with the sale at issue.

SECTION 6 - SALES, SHIPPING

We will arrange for shipment of the products to you using a shipper of our choice. You will pay all shipping and handling charges unless otherwise specified in the order confirmation. Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

You are responsible for complying with all of the applicable laws and regulations in your country, including the laws and regulations regarding the import of products into your country. You will be the importer of record of products shipped to you from outside of the country to which such products are shipped. By placing an order, you acknowledge that for any products shipped to you from outside of your country, you are importing the products in your order for non-commercial (personal) use. You agree that we may appoint a subcontractor (e.g. carrier/customs broker) on your behalf as your unpaid agent for customs purposes by executing a power of attorney applicable to a single non-commercial shipment.

For products imported into the United States, your order serves as your electronic signature indicating your agreement to the following statement: “The designated carrier/customs broker is hereby authorized to execute, as an unpaid agent who has knowledge of the facts, pursuant to the provisions of section 485(f), Tariff Act of 1930, as amended, the consignee’s and owner’s declarations provided for in section 485 (a) and (d), Tariff Act of 1930, as amended, and to enter on my behalf or for my account the goods described in the attached invoice which contains a true and complete statement of the facts concerning the shipment.”

You are responsible for any and all taxes, duties, and fees that may be due in relation to your order Your authorization permits the carrier/customs broker to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit any taxes, customs duties and fees levied by the destination country.

For a multiple product orders, we will attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.

Your order will ship as it becomes available, and our order processing company will make reasonable efforts to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.

We will endeavor to charge you for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that has not been taxed by us and pay the sales or use tax on those purchases unless exempt under applicable law.

We do not guarantee that we are able to deliver to P.O. Boxes, APO, FPO and U.S. Territories. Orders made to addresses in these areas may be canceled at our discretion. You are responsible to confirm the delivery address of your order is correct. Orders made from a different country than the delivery address will be automatically canceled.

SECTION 7 - RETURNS; REFUNDS:

a. Except as otherwise provided herein, all products are non-cancellable, non-returnable, and non-refundable, and sold “As-Is.”

b. Permitted Returns. Subject only to this Section 6, we shall have the sole discretion to elect whether to refuse any return request, inspect the item that is the subject of a return request (for which you shall incur any expense of return to us for such inspection), or honor the return request (a “Permitted Return”). If we grant a Permitted Return, we may elect, in our sole discretion and subject to availability, to replace the Permitted Return with available inventory of the same product, provide you credit, or refund the purchase price you paid for the product (inclusive of the initial standard delivery charge, or if part of a larger order, the standard per item delivery charge). For those Permitted Returns under this Section, we will not refund the shipping costs to return the Order. In addition, as it relates to all Orders, any Permitted Return that: (x) is not in its original condition and original packaging (or re-packaged in accordance with this Section(Return Shipping Guidelines); or (y) which we reasonably believe has been damaged by You, will not be accepted by us. Permitted Returns shall include only:

i. Damaged Items. Only those items purchased by the original purchaser and received by the original purchaser in damaged condition from our manufacturer is capable of being deemed a Permitted Return. We do NOT consider the packaging or box part of the item in making this determination, and we will not offer refunds or replacements for any damage to such packaging or box. You shall notify Denim Tears of receipt of any damaged item no later than five (5) days after delivery of the item to You (the “Damage Notice Period”) by sending notice to Contact Us (https://denimtears.zendesk.com/hc/en-us/requests/new)including (i) a description of the damage; (ii) photograph of the damaged item; and (iii) copy of the original receipt. Any notification or request by You beyond the Damage Notice Period shall be refused and rejected. Please be advised that due to the limited and special nature of the items, we may not be able to replace the item.

ii. Wrong Color, Wrong Size, or Wrong Item. If You receive the wrong color, wrong size, or wrong item You purchased, please notify us at no later than five (5) days after delivery of the item to You to Contact Us (https://denimtears.zendesk.com/hc/en-us/requests/new), including (i) a description of the item intended for purchase; (ii) photograph of the item received; and (iii) a copy of the original receipt (the “Wrong Color/Size/Item Notice”). Any notification or request by You beyond the Wrong Color/Size/Item Notice Period may be refused or rejected, in our sole discretion. Please be advised that due to the limited and special nature of the items, we may not be able to replace the item.We can only accept exchanges from the country which the shipment was sent.In addition, please note that customized items cannot be returned or exchanged. You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.

iii. European Union Consumer Rights Directive. Where the EU Consumer Rights Directive (2011/83/EU) as implemented into national law in the various EU jurisdictions applies to You, unless one of the exceptions below applies, You have the right to cancel its order without giving reason within 14 days from the day on which You receive the Order. You must inform Denim Tears of Your decision to cancel the order in writing within this period. Upon receipt Denim Tears will reimburse all payments received from You for the Order purchased and You will incur no fee as a result of such reimbursement. However, reimbursement may be withheld until Denim Tears has received the Order(s) back from You. You must send back the Items following the instructions of Denim Tears. You will bear the cost of returning the Order to the Seller. You may lose this right if the value of the Order(s) returned diminishes due to the handling of the Order. The right of cancellation does not apply to: (a) the supply of Items made to the buyer’s specifications (You are responsible for ensuring that the customization details are correct. No cancellation nor alteration may be made once a customized order has been placed. It is not possible to request customization for items after an order has been placed or delivered.); (b) the supply of Items which may deteriorate or expire rapidly; (c) the delivery of Items which are not suitable for return due to health protection or hygienic reasons if unsealed by the buyer after delivery, or which are, after delivery, mixed with other items; (d) the delivery of sealed video or audio recordings or of sealed software if unsealed by the buyer after delivery; and (e) the setting aside stock that would result in difficulty to fulfill.

c. Return of Shipments By Shipping Carriers For Non-Acceptance or Wrong Address. In the event Your Order is returned to us by a shipping carrier based upon Your failure to sign for the shipment and/or “return-to-sender wrong address,” Your Order will be cancelled, and You will receive a refund (less all expenses related to shipping and duties and a 5% fee restocking fee on the Order).

Return Shipping Guidelines. Global-E Returns To start a return, please click here Contact Us

SECTION 8 - EXTERNAL WEBSITES AND RESOURCES

You may have come to our Website through a link from third-party Website, and our Website may link to third-Party Websites. We are not responsible for the availability of any websites owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.

SECTION 9 - USER CONTENT

The Website may contain various interactive portions that allow users to post content on our Website (“User Content”). We have no obligation to actively monitor the User Content our users post on our Website, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy of, the content of any User Content. All User Content expresses the views and opinions of the user and does not necessarily reflect our views or opinions. We reserve the right, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.

By using this Website, you agree that:

You will not upload, post, email or otherwise transmit any material or other content that: (i) is defamatory, libelous, disruptive, threatening, invasive of a person's privacy, harmful, abusive, harassing, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any law; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity's intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right).
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
You will not repeatedly post the same or similar message ("flooding") or post excessively large or inappropriate images or content.
You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.

User Content becomes public information. You should be very careful about posting personally identifiable information such as your name, address, telephone number or email address. If you post personal information online, you may receive unsolicited messages from other users in return.

If you submit any User Content, you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.

If you choose to communicate or meet with other users of the Website, you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Website.

This Website is meant for users 18 years old and over. We will not knowingly allow any user less than 18 years of age to submit any User Content to our Website.

YOU REPRESENT AND WARRANT THAT:

YOU HAVE THE FULL RIGHT, AUTHORITY, AND PERMISSION TO POST AND DISTRIBUTE ALL USER CONTENT YOU SUBMIT
YOU ARE THE SOLE CREATOR OF ALL USER CONTENT, OR IF YOU ARE NOT THE SOLE CREATOR, YOU HAVE OBTAINED WRITTEN CONSENT FROM ANY THIRD PARTIES WHO HAVE CREATED OR HELPED CREATE SUCH USER CONTENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE
ALL PERSONS FEATURED IN ANY USER CONTENT HAVE PROVIDED YOU WITH THEIR CONSENT TO ALLOW YOU TO SUBMIT SUCH USER CONTENT TO THE WEBSITE

If you believe that any User Content is inaccurate or objectionable, you should contact us by sending an email to Contact Us. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.

SECTION 10 - INFRINGEMENT NOTICE

We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Website, please notify us by sending an email to the following address: Contact Us

In order for us to more effectively assist you, the notification must include all of the following:

A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
A description of the copyrighted work or other right you claim has been infringed or violated;
Information reasonably sufficient to locate the material in question on the Website;
Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

SECTION 11 - DISCLAIMERS

WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE WEBSITE. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.

WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.

AS SET FORTH IN THE WEBSITE PRIVACY POLICY, YOU ACKNOWLEDGE THAT WE CANNOT GUARANTEE, AND THEREFORE SHALL NOT BE IN ANY WAY RESPONSIBLE FOR, THE SECURITY OR PRIVACY OF THE WEBSITE AND ANY INFORMATION PROVIDED TO OR TAKEN FROM THE WEBSITE BY YOU.

SECTION 12 - LIMITATIONS OF LIABILITY

WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE; IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

SECTION 13 - INDEMNIFICATION

LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE WEBSITE AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF USE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE WEBSITE, OR THE USE BY ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.

SECTION 14 - BINDING ARBITRATION AGREEMENT FOR RESOLUTION OF DISPUTES

a. Informal Negotiations: To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and us, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and we will first attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section is your physical address or email address that you have provided to us. You may email us at Contact Us

b. Arbitration: If a Dispute is not resolved through Informal Negotiations, you and we agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, we will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Subsection (d) below.

c. Excluded Disputes: You and we agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of intellectual property rights; (2) individual claims brought in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.

This Arbitration Agreement will survive the termination of your relationship with us.

d. Class Action Waiver: To fullest extent permitted by applicable law, you and we agree to bring any Dispute, whether in arbitration or court as permitted by these terms, ON AN INDIVIDUAL BASIS ONLY, AND NOT AS A CLASS ACTION OR COLLECTIVE ACTION. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

e. Rules/Standards Governing Arbitration Proceeding: A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

f. Location: You may choose to have the arbitration conducted by video conference technology such as zoom, or based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

g. Authority of Arbitrator: The arbitrator shall have exclusive authority to: (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

h. Waiver of Jury Trial: BOTH YOU AND WE HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, except as provided herein. We are instead mutually electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified herein. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

i. Thirty-Day Right to Opt Out: You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following e-mail address: Contact Us (https://denimtears.zendesk.com/hc/en-us/requests/new) within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the e-mail address you used to set up your online account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

j. Severability: You and we agree that if any portion of this Section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed, and the remainder of this Section will be given full force and effect.

SECTION 15 - GOVERNING LAW

We may investigate any reported violation of these Terms of Use and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

SECTION 16 - NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, residents of California who use this Website are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at dca@dca.ca.gov

In addition, we may be reached by email at Contact Us or telephone at (323) 840-3040. Please contact us to resolve any issues with our Website that you may have.

SECTION 17 - MISCELLANEOUS

If any part of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

These Terms of Use and our Privacy Policy and any other terms or agreements that may be posted on the Website (as may be amended from time to time) (“Website Agreements”) contain the entire agreement between you and us relating to the Website and your use of the Website and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of these Website Agreements. You confirm that, in agreeing to accept these Website Agreements, you have not relied on any representation except insofar as the same has expressly been made a representation in these Website Agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these Website Agreements.

You may not transfer, assign, charge or otherwise dispose of your rights or obligations under any Website Agreements without our specific prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under any Website Agreements at any time.

You may send us notices or communicate with us by email at Contact Us. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email.

DATE LAST MODIFIED: April 19, 2023