Terms of Us | PAR5SWAG

Terms of Use

PAR5SWAG TERMS OF USE

Last Updated: November 9, 2020

Please carefully read these Terms of Use (“Terms”) in their entirety before using the Website. If you do not agree to these Terms, then please do not use the Website.

Part One has Terms applicable to all website visitors and users. Part Two has additional Terms applicable to users making purchases on the Website.

PART ONE: TERMS APPLICABLE TO ALL WEBSITE VISITORS AND USERS

Terms and Acceptance of Terms

Welcome to PAR5SWAG! Thank you for visiting our website. The following information constitutes the Terms of Use (“Terms”) for the Website and any PAR5SWAG websites, and these websites, including, without limitation, their content and materials (collectively the “Website”) is provided to you subject to these Terms. In these Terms, PAR5SWAG LLC, an Illinois limited liability company[, including all of its affiliate entities, subsidiaries, and parent companies,] is referred to as “PAR5SWAG,” “Company, “we, “us” or “our,” and the term “you” refers to you.

By using the Website you confirm (a) that you have read and agree to be bound by these Terms (as they may be updated by Company from time to time), (b) you agree to comply with all applicable laws, rules and regulations, including without limitation, U.S. export laws and regulations regarding the transmission of exported technical data and the submission guidelines listed below regarding acceptable user content and online conduct, (c) that any instructions, choices or requests that you make on the Website will be deemed to be your written permission to Company to provide information or perform transactions on behalf of you in accordance with governing contracts, agreements, third party administrator agreements, and/or programs applicable to you and accessed through the Website, and (d) that you are solely responsible for reviewing and confirming the accuracy of any written statements provided to you (on paper or in electronic form) by Company concerning any choices, requests or instructions that you make through the Website, and that if any inaccuracies are found, you will immediately notify Company.

These Terms represent a binding agreement between you and Company. Your continued use of this Website constitutes a continued agreement to be bound to these Terms and by the terms of our Privacy Policy . The Privacy Policy governs the collection, use, and disclosure of personal information gathered on or through the Website, including, but not limited to, the personal information you provide while establishing an account, purchasing products and accessing and using the Website.

These Terms are important and affect your legal rights, so please read them carefully. Note that Section 18 of these Terms contains a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.

The Website is hosted on Wix.com, Inc. (“Wix”). Wix provides us with the online e-commerce platform that allows us to sell our products (“Products”) to you. By visiting the Website and/or purchasing a Product, you avail yourself of our “Services.”

By making a purchase from the Website, you acknowledge and agree that Company may share information about your transaction and about you with other companies for the purpose of transaction processing, shipping, credit card authorization and fraud prevention. The Website uses cookies and by using the Website and agreeing to these Terms, you are consenting to our use of cookies in accordance with our Privacy Policy.

Updates to Terms and Information on Website

Company may update these Terms at any time without notice to you, and the updated Terms will be posted on this page or a similar page of the Website. You can determine when these Terms were last revised by referring to the “Last Updated” legend at the top of these Terms. It is your responsibility to review these Terms each time you use the Website. By continuing to use the Website, you consent to any updated Terms on behalf of yourself.

Company has made and continues to make reasonable efforts to represent accurate and up-to-date information on the Website. However, it is possible that information provided and certain features may not be accurate or up-to-date. Company reserves the right to correct any errors or omissions on the Website and to change or update information on the Website at any time and without any notice, including any errors or omissions relating to product descriptions, pricing, product availability, and Company apologizes for any inconvenience resulting from its reserved right to cancel any product order or refusal to accept any product order based on incorrect or incomplete information.

Defined Terms

As used in these Terms, “ PAR5SWAG Parties” means PAR5SWAG and its affiliates, licensors, vendors, retail partners, agents, representatives, and any other party involved in the creation, operation, production or transmission of the Website and their respective officers, directors, employees, members, representatives, and agents, successors, and assigns. “Material” means all text, graphical, audio, video, software, information, data, and other content available, displayed, or accessible on or through the Website.

Eligibility

The Website is not targeted toward or intended for use by anyone under the age of 18. By using the Website, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States and are located in the United States when you access the Website, (c) have not been previously suspended or removed from the Website, and (d) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

If you are under 18, you may use the Website only with a parent or legal guardian.

The Website is operated and controlled in the United States, and Company does not represent or warrant that these materials are appropriate or available for use in any location outside of the United States, and anyone who accesses the Website from outside of the United States does so at their own risk and is solely responsible for complying with all applicable laws and regulations.

Registration, Account; Your Information; Investigation

Your privacy and the protection of your data on the internet are extremely important to us. Company has taken steps to protect your information transmitted over the Website from improper use, including installation of antivirus software and the transmission of data over HTTPS secured websites, and the use of Transport Layer Security (TLS) technology. However, you acknowledge and agree that despite Company’s best efforts, transmitting data on the internet has inherent risk. By using the Website, you accept the risk inherent in transmitting personal data over the internet.

Registration; Account. You are not required to establish an account in order to access the Website. However, in order to access some of the resources the Website has to offer and to purchase a Product, you will be required to be or become a registered user. To establish a Website account, you will be asked to provide registration details, and you agree to (1) provide accurate, current and complete account information, (2) maintain and promptly update, as necessary, your account information, (3) maintain the security of your account credentials, (4) be responsible for the acts or omissions of any third party who has authority to access or use the Website on your behalf, and (5) immediately notify us if you discover or otherwise suspect any security breaches related to the Website or your account. If PAR5SWAG believes, in its sole discretion, that the details are not true, correct, current, or complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account or cancel any order you may have placed.
Your Information. During the registration process, you will be asked to select a username and password. PAR5SWAG, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that belongs to or is being used by another person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. It is your responsibility to maintain the accuracy and confidentiality of all your personal information requested by the Website during the registration process. You are responsible for all activity (including, without limitation, purchases) that occurs under your registered account, and you agree to immediately notify company about any unauthorized use of your account or if any of your personal information has been compromised. PAR5SWAG will have no liability for any loss or damage arising as a result of an unauthorized party using your personal information to access your registered account, and PAR5SWAG is not responsible for any delay in shutting down your account after you have reported to PAR5SWAG any breach of your account.

Investigation. You further understand and agree that PAR5SWAG may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Website account. You will defend and hold harmless all PAR5SWAG Parties from any claims resulting from any action taken by any PAR5SWAG Parties or law enforcement authorities during or as a result of its investigations.

Disclaimer of Warranties

Company does not warrant or make any representations regarding the availability, use, timeliness, security, validity, accuracy or reliability of, or the results of the use of, or otherwise respecting, the content of the Website or any other websites linked to or from the Website. Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your phone, computer system or loss of data that results from the download of any such material, or use of the Website. The content and information on the Website are provided on an “as is” and on an “as available” basis, without warranties of any kind, either express or implied. To the fullest extent possible under applicable law, Company disclaims and excludes all warranties, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose, non-infringement or other violation of rights, irrespective of any course of dealing or performance, custom or usage of trade. You bear the entire risk as to the quality and performance of the Website and the information contained herein. Company does not warrant that the Website, THE MATERIAL, THE INFORMATION OR MATERIALS OR ANY OTHER SOFTWARE ACCESSED FROM THE WEBSITE will be uninterrupted, that THAT THEIR use or operation will be error or defect free, that any defects will be corrected, that they will properly operate on any specific browser or computer, or that the Website OR ANY OTHER WEBSITE LINKED TO THE WEBSITE, THEIR servers, or any email sent from Company is free of viruses or other harmful components. Some states do not allow limitations on implied warranties, so the foregoing disclaimer may not apply to you.

Limitation of Liability

PAR5SWAG PARTIES will not be liable for any claims, claims for relief, demands, obligations, judgments, actions, causes of action, charges, expenses, or costs of any kind or description whatsoever, in tort (including negligence), contract, equity, statutory, warranty, strict liability, or otherwise, or any damages of any kind arising out of or relating to the use or inability to use the Website, its content or links, including but not limited to, damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, and all other actual, direct, indirect, special, incidental, exemplary, punitive, consequential damages, personal injury and wrongful death, lost profits, tax consequence, or any damages resulting from lost data or business interruption, even if Company has been advised of the possibility of such damages or was on notice of the potential for such damages prior to the occurrence of damage. PAR5SWAG PARTIES WILL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, the Company affiliated parties’ total cumulative liability to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort or otherwise, arising out of your use of this Website, its content or links, shall not exceed $100.00.

You Acknowledge and agree that your use of the Website is at your own risk. If you are dissatisfied with the Website or its content, then your sole and exclusive remedy is to discontinue using the Website.

Further, you agree to waive your right to join and, if applicable, you agree to opt out of any class action or collective action against Company related to these terms or the Website. You agree to pursue any claim that you think you have against the Company affiliated parties related to these Terms or the Website individually and not as a member of a class or collective action, AS DISCUSSED IN SECTION 22 OF THESE TERMS.

Indemnity and Unauthorized Access

In addition to any other indemnities you may provide under these Terms, you agree to defend, indemnify, and hold harmless the PAR5SWAG Parties, from, and waive and release all PAR5SWAG Parties from all claims, suits, proceedings, losses, liabilities, and expenses (including without limitation, attorneys’ fees) arising out of or based on (a) your use of or access to the Website or of any Material contained on the Website, or that of or any other person to whom you have provided access to your computer system, (b) your violation or breach of any of the Terms, including, but not limited to, any unauthorized use of any of the Material and the submission policy for User Content (as that term is defined below) set forth in Section 12, (c) the use of any content including User Content that you submitted, posted or otherwise provided to PAR5SWAG or the Website or (d) your violation of any intellectual property rights of any PAR5SWAG Party or any third party. Unauthorized access to the Website and unauthorized use of any content, Material or information on the Website is strictly prohibited.

Ownership

Except as otherwise expressly noted, PAR5SWAG or its licensors (as applicable) own all right, title and interest in and to all Material, and the Website (including, but not limited, the selection, arrangement and organization of any part or content of the Website) (collectively, the “Intellectual Property”), and all copyright, trademark, service mark, patent, trade dress, and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing. PAR5SWAG does not represent or warrant that such materials do not infringe the rights of any other person or entity. Trademarks, logos, and service marks (collectively, “Marks”) displayed on the Website are registered or unregistered Marks of PAR5SWAG, its affiliates or its licensors, and may not be used without PAR5SWAG's written authorization or license of the owner of such Marks. You acknowledge and agree that content available on the Website, including without limitation, the content of third parties, the Marks and the Material, is protected by copyright, trademark, patent, or other intellectual property rights and laws. Without the express written consent of PAR5SWAG in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use the Material or Marks, in whole or in part, whether in text, graphical, audio, video, executable, or other forms except as expressly permitted by these Terms. Any other access to the Website or use of Material is strictly forbidden without the prior written consent of PAR5SWAG.

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe in good faith that content or material on the Website infringes a copyright or other intellectual property owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to Company’s designated agent at: PAR5SWAG LLC, Attn: Copyright Agent, Paul Johnson PO BOX 434 Woodstock, IL 60098. This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or the subject of the infringing activity reasonably sufficient to allow Company locate the material, (d) the name, address, telephone number, and email address of the complaining party, (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

User Conduct

You agree that you will not violate any law, contract, intellectual property or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website.
You agree that you will abide by these Terms and will not:
1. Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
2. Disrupt or interfere with the security of, or otherwise abuse, the Website or any Material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or any Material, or affiliated or linked websites;
3. Use or attempt to use another user’s account without authorization from such user and Website;
4. Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
5. Modify, disassemble, or reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website;
6. Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
7. Develop any third party applications that interact with the Website without our prior written consent;
8. Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data, “data mine” or otherwise interfere with or modify the rendering of the Website’s pages or functionality;
9. Intentionally hold PAR5SWAG and/or its employees and/or directors up to public scorn, ridicule and/or defamation;
10. Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms;
11. Create hyperlinks from other websites to the Website, unless expressly permitted in writing by PAR5SWAG; or
12. Post any content, including without limitation, User Content that (i) is offensive, unlawful, harmful, abusive, defamatory, pornographic, threatening, or obscene; (ii) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, libelous, deceptive, or misleading;(iii) involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized in writing by PAR5SWAG or (iv) you do not have a right to make available under any law or under a confidential or fiduciary obligation or agreement.

Unauthorized access to the Website and unauthorized use of any content, Material or information on the Website is strictly prohibited. You agree not to use any device or computer program that interferes with or attempts to interfere with the operation of the Website (including hacking and denial of service attacks), including any activity that precedes attempts to breach security such as scanning, probing, or other testing or vulnerability assessment activity, or engaging in or permitting any network or hosting activity that results in the blacklisting or other blockage of Company’s intellectual property space.

User Content and Feedback

PAR5SWAG's collection and use of personally identifiable information, which may be included in such User Content, is subject to PAR5SWAG’s Privacy Policy.

PAR5SWAG users may post, upload, or otherwise contribute feedback, comments and reviews of Products and the Services and certain other materials (which may include, for example, pictures, text, messages, information, and/or other types of content) (“User Content”). Any User Content you sent to PAR5SWAG will be deemed NOT TO BE CONFIDENTIAL.

You grant PAR5SWAG an unrestricted, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content through any medium, whether alone or in combination with other Materials, in any manner and by any means, method or technology, for any purpose whatsoever without any compensation to you or any other person.

You represent and warrant that, with respect to any User Content you post on PAR5SWAG, (1) you own or otherwise control all of the rights to the User Content, and (2) such User Content or the displaying, publishing or posting publicly and using the User Content by PAR5SWAG as contemplated by these Terms, does not violate the Terms or applicable law, and does not infringe or violate the intellectual property or other rights of any third party or imply any affiliation with or endorsement of you or your User Content by PAR5SWAG without express written consent from PAR5SWAG or such individual or entity.

PAR5SWAG reserves the right, in its sole discretion to, but has no obligation to, monitor, review, or edit User Content. In all cases, PAR5SWAG reserves the right to remove, edit or disable access to any User Content for any or no reason, including User Content that, in PAR5SWAG’s sole discretion, violates these Terms. PAR5SWAG may take these actions without prior notification to you or any third party. Removal, editing or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove, edit or disable access to any specific User Content.

You are solely responsible for all User Content that you post. PAR5SWAG is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PAR5SWAG RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PAR5SWAG HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

If you provide reviews, feedback, ideas or suggestions to PAR5SWAG in connection with a purchase of a Product or use of our Services (collectively, “Product Reviews and Feedback”), any such Product Review or Feedback is considered User Content, and you acknowledge that any such Product Review or Feedback is not confidential and you authorize PAR5SWAG to use the Product Review and Feedback without restriction and without payment to you. If you provide Product Reviews and Feedback, you agree to state your opinions lawfully, honestly and in good faith and to reveal in your Product Reviews and Feedback any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews and Feedback are strictly the opinion of the user posting such reviews, and PAR5SWAG does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.

Risks related to the Internet; Liability for Computer System

You acknowledge and agree that hardware, software, and internet connections can fail, and agree that Company is not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet.
You acknowledge and agree that any activity on the Website is subject to monitoring by Company at any time and that Company may use the information obtained from such monitoring in any way, without any limitation, subject to applicable laws.
You acknowledge and agree that despite Company’s best efforts to protect your data, third parties may illegally access the Website and compromise such data contained hereon and use such data for illegal purposes. You agree that any potential liability to Company arising from any data breach of any data maintained by Company and/or the Website is limited by the Limitation on Liability set forth in Section 11 of these Terms. You specifically agree to disclaim Company from any liability whatsoever arising from any breach of data related to the Website.
Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to PAR5SWAG by email, unless adequate security measures are in place in order to ensure the security of the transmission. PAR5SWAG, its agents and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to PAR5SWAG. You assume all risks related to such communications.
PAR5SWAG and its agents and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.

Third Party Websites and Content; Links

The Website may contain links to other websites that are not owned, operated, or maintained by PAR5SWAG (“Third Party Websites”). These links to Third Party Websites are provided solely for your convenience. PAR5SWAG does not endorse, and is not responsible for, the content on the Third Party Websites. PAR5SWAG makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of or accuracy or completeness, such Third Party Websites. You access Third Party Websites at your own risk and by accessing Third Party Websites you leave the Website. As a result, you acknowledge and agree that PAR5SWAG has no liability or responsibility, directly or indirectly, for any damages or loss you may incur in connection with your use of such Third Party Websites or in connection with any of the information you receive from or submit to such Third Party Websites or in connection with any content, products or services available from such Third Party Websites. References on the Website to any Third Party Websites are not an endorsement or recommendation of any third party or any products or services. Use of the Third Party Websites may also be subject to you agreeing to separate binding agreements, including terms of service and privacy statements, which can be found on the Third Party Website if applicable. You should read the terms of service, privacy policies, and any other user agreements of the Third Party Website before using the Third Party Website.

You acknowledge and agree that your interactions with third parties providing Third Party Websites are solely between you and such third parties. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website are solely between you and such third party. You agree that PAR5SWAG will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.

Customer Service

Please contact our customer service team, who are ready to help you and answer your questions by email at info@par5swag.com. In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Products or services purchased from PAR5SWAG through the Website will be entirely resolved through binding individual arbitration, rather than in court.

Termination

You acknowledge and agree that PAR5SWAG, in its sole discretion, may terminate or suspend your use of the Website and Material at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Accessing the Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that PAR5SWAG will not have any liability whatsoever to you or any third party for any termination or suspension of your access to the Website or if the Website is discontinued.

Notice for California Users

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our Privacy Notice for California Residents.

Dispute Resolution; Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PAR5SWAG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring disputes or claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this arbitration agreement constitutes a waiver of your right to litigate disputes and claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including attorney’s fees).

Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against PAR5SWAG, you agree to try to resolve the dispute informally by contacting us at Par5Swag LLC, PO BOX 434 Woodstock, IL 60098. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or PAR5SWAG agree to resolve any claims related to these Terms, if applicable, through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting PAR5SWAG within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms). You must write us at PAR5SWAG LLC, Attn: Opt-Out Arbitration, PO BOX 434 Woodstock, IL 60098. If you opt out, neither you nor PAR5SWAG can require the other to participate in an arbitration proceeding.

Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.

Exceptions to Agreement to Arbitrate. Either you and/or PAR5SWAG may assert claims, if they qualify, in small claims court in Cook County, Illinois. PAR5SWAG may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of PAR5SWAG’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Class Action Waiver. You and PAR5SWAG agree that any dispute arising out of or related to these Terms, the Website or Materials is personal to you and PAR5SWAG and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and PAR5SWAG agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and PAR5SWAG and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.

Authority of Arbitrator. As limited by these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with Section 18(b), you and PAR5SWAG agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and PAR5SWAG consent to the foregoing venue and jurisdiction.

Compliance with Law

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the products or any copy or adaptation in violation of any applicable laws or regulations including, without limitation, United States, Canadian or European export laws and regulations.

Severability

If any provision in these Terms is held illegal, invalid or unenforceable by any competent authority in any jurisdiction, such illegality, invalidity or unenforceability shall not in any manner affect or render illegal, invalid or unenforceable such provision in any other jurisdiction or any other provision of these Terms in any jurisdiction.

Survival

These Terms apply while you are accessing the Website and remain in effect thereafter. In the event that the Website is no longer accessible to you or is terminated, the provisions set out in this terms and conditions will continue to remain in effect and apply to you.

No Amendments or Supplements to These Terms

No employee of Company is authorized to make any statement that adds to or amends any of the warranties or limitations contained in these Terms. You acknowledge and agree that oral statements made about the Website or about information contained in the Website do not constitute warranties, will not be relied on by you, and will not be binding or enforceable. No supplement or amendment of these Terms will be binding unless set forth in writing by an authorized officer of Company or posted on the Website.

Nondiscrimination/Accessibility Notice

PAR5SWAG complies with all federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. While PAR5SWAG may not be a “place of public accommodation” under the Americans with Disabilities Act of 1990, accessibility of the Website to people with disabilities is extremely important to PAR5SWAG. PAR5SWAG believes that the Website is accessible to people with disabilities, and is compatible with standard screen readers used by people who are blind and visually-impaired. If you believe that the Website is inaccessible to you for any reason, please call 847-440-1992 and a PAR5SWAG representative will assist you.

If you believe that you are suffering discrimination based on your disability in using the Website, before initiating any legal action against PAR5SWAG arising from such discrimination, you agree to first provide written notice of the perceived discrimination to PAR5SWAG at the contact address set forth in Section 25, to allow 60 days for PAR5SWAG to acknowledge receipt of the complaint, and to allow an additional 120 days for PAR5SWAG to cure the issue

Additional Terms and Information

These Terms constitute the entire agreement between you and PAR5SWAG regarding your use of the Website and supersede any prior agreements between you and PAR5SWAG regarding your use of the Website.

Some services, products and promotions provided by PAR5SWAG are subject to additional terms and conditions. PAR5SWAG suggests that you review all terms and conditions that may apply to you.

To contact us regarding these Terms or the operation of the Website itself, or for any reason required by these Terms, please write to us at the following: PAR5SWAG PO BOX 434 Woodstock, IL 60098.

PART TWO: ADDITIONAL TERMS APPLICABLE TO WEBSITE USERS MAKING PURCHASERS

PAR5SWAG TERMS OF SALE

Thank you for your PAR5SWAG purchase! We are excited to have you as a PAR5SWAG customer. These Terms of Sale apply to you and us when you purchase a product (“Product”) from PAR5SWAG LLC and its affiliates. Please read these Terms of Sale carefully and if you place an order for Products through this site, you are agreeing to and are bound by both these Terms of Sale and our website Terms of Use.

At this time, we do not ship to addresses located outside of the United States.

We do not sell any of our Products to persons under the age of 16.

Product Orders

Our Products are available exclusively through the Website. By presenting the Products on the Website, PAR5SWAG is presenting an opportunity for you to submit offers that are binding on you (orders). The order confirmation automatically sent by PAR5SWAG by email does not yet give rise to a binding contract of sale. A contract of sale only arises when PAR5SWAG ships the Products.
The Terms of Use and these Terms of Sale (collectively, the “Terms”) in effect at the time you place an order for our Products will apply. By transmitting an order, you confirm you have read the Terms and agree to and accept them without reservation. We reserve the right to make changes to the Terms from time to time, and any such changes will apply to future orders. If any terms set forth in the Terms in not enforceable, it will not affect any other term in the Terms.
All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue Products without notice, even if you have already placed your order.
To the fullest extent permitted by law, PAR5SWAG may, in its sole discretion, choose to cancel your order in certain circumstances, even if you received an automated confirmation (for example, when information on the Website is found to be inaccurate or when we suspect the request is fraudulent).
Any Products or services mentioned on the Website or provided by PAR5SWAG are made available in accordance with local law and only where they may be lawfully offered for sale. PAR5SWAG does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the Products described on the Website will be available for purchase in all jurisdictions.

Errors

There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, PAR5SWAG will not be liable for these inaccuracies, omissions, or errors. PAR5SWAG will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. If a price is listed incorrectly, you agree that PAR5SWAG will not be bound by that incorrect price unless you have already been charged for that purchase. If you have not been charged and we notice a mistake, we will let you know the correct price and you can decide if you wish to proceed with the order at the correct price. We do not warrant that the quality of any Products, Service, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your computer monitor's display of any color will be accurate.

Prices

All specified prices are in U.S. Dollars. Taxes, shipping and handling charges are additional. Final prices will be displayed at checkout.
PAR5SWAG reserves the right to change prices at any time without notice; you will be charged for the Products on the basis of the correct prices offered at the time of order.
You agree to pay, all charges and losses incurred in connection with your purchase, including all applicable taxes, customs duties, shipping, handling, and insurance. You will be notified separately of shipping costs prior to dispatch of your order.

Payments

PAR5SWAG uses third-party payment processing companies (each, a “Payment Processor”) to process your orders. We do not collect or store your credit card information. PAR5SWAG is not responsible for error by the Payment Processor. By choosing to purchase a Product from the Website, you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”) the total amount of your order, including the price of the Product and any applicable taxes and shipping and handling charges. You represent and warrant that you have the right to use the Payment Method that you use in connection with a purchase on the Website.
You must provide current, complete and accurate information for your Payment Method. If the Payment Method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled, and your order canceled.
PAR5SWAG’s Payment Processor is WIX Payment (www.wix.com) and PayPal (www.paypal.com). If you use PayPal, you agree to PayPal’s terms of service (located at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full) and privacy policy (located at https://www.paypal.com/us/webapps/mpp/ua/privacy-full). If you use a credit card for payment, you agree to WIX Payment's terms of service (located at https://www.wix.com/about/terms-of-payments).

Delivery

PAR5SWAG ships to the anywhere in the U.S., including Hawaii and Alaska/ Any shipping times shown on the Website are estimates only – actual delivery dates may vary. PAR5SWAG is not responsible for any delivery delay, irrespective of the cause.

Returns and Exchanges

All PAR5SWAG apparel is custom printed, all products are unique and produced per order. Returns or exchanges are not supported if you order a wrong size, color, or simply doesn’t like the product. If there are any issues with the order, like manufacturing error, printing issues and such, a replacement order will be provided free of charge. For the fastest resolution, please email us a photo at info@par5swag.com showing the poor quality print or the damaged area of the item.

Check the size chart before ordering, as returns or exchanges are not supported if you order a wrong size, color, or simply doesn’t like the product

Changes and Cancellations

If you wish to cancel or change your order, you must contact Par5Swag, by email at info@par5swag.com. Change or order cancellations cannot be guaranteed once the order is placed and production has begun.

Customer Service

If you have any problems with your order, please contact our customer service team, who are ready to help you and answer your questions by email at info@par5swag.com or call 847-440-1992. In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Products or services purchased from PAR5SWAG through the Website will be entirely resolved through binding individual arbitration, rather than in court.

Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and PAR5SWAG’s sole and exclusive liability, for any claims arising under this Terms of Sale or in connection with your purchase of a Product, shall be your right to return the Product and/or receive a refund under our returns and exchange policy (above).

IN NO EVENT SHALL THE PAR5SWAG PARTIES BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF THE PAR5SWAG PARTIES (JOINTLY), WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO PAR5SWAG UNDER THESE TERMS FOR THE PRODUCT OR SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to yOU.

Dispute Resolution; Arbitration Agreement

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PAR5SWAG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against PAR5SWAG, you agree to try to resolve the dispute informally by contacting us at PAR5SWAG LLC, PO BOX 434 Woodstock, IL 60098. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or PAR5SWAG agree to resolve any claims related to these Terms, if applicable, through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.

Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting PAR5SWAG within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted these Terms). You must write us at PAR5SWAG LLC, Attn: Opt-Out Arbitration, PO BOX 434 Woodstock, IL 60098. If you opt out, neither you nor PAR5SWAG can require the other to participate in an arbitration proceeding.

Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Exceptions to Agreement to Arbitrate. Either you and/or Par5Swag may assert claims, if they qualify, in small claims court in Cook County, Illinois. PAR5SWAG may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of PAR5SWAG’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.

Class Action Waiver. You and PAR5SWAG agree that any dispute arising out of or related to these Terms, the Website or Materials is personal to you and PAR5SWAG and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and PAR5SWAG agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and PAR5SWAG and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.

Authority of Arbitrator. As limited by these Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms.

Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with Section 10(b), you and PAR5SWAG agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and PAR5SWAG consent to the foregoing venue and jurisdiction.

Part 1

Part 2