Terms and conditions
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These terms and conditions ("Terms") contain important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read them carefully.
BY USING THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU USE THIS WEBSITE ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT USE THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH JHWC APPAREL, LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS OR SERVICES BY APPLICABLE LAW.
These Terms apply to the use of services through JHWC Apparel (the "Site"). These Terms are subject to change by JHWC APPAREL, LLC (referred to as “JHWC” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
By visiting our site and/or making a donation to us, you engage in our service (“Service”) and agree to be bound by the Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page.
Our store is hosted on Squarespace.com. Squarespace provides us with the online e- commerce platform that allows us to present clothing brands and provide access to third-party online e-commerce platforms that sell products and services to you. We do not sell any products.
You should also carefully review our Privacy Policy before visiting this Site or making a donation to us through this Site (see Section 14).
Our Services. The Site presents and displays a collection of clothing brands (the “Brands”) that express our values of equality, compassion, and response. By selecting or clicking on a Brand, you will be directed to that Brand’s website or e-commerce platform. We do not sell or process orders for the products associated with the Brands. Access to, orders and sales from, and services from the Brands’ respective websites and/or platforms are subject to their terms and conditions. We only provide links to the Brands’ website. We do not host the Brands’ website. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you from these Brands will meet your expectations, or that any errors in the service will be corrected.
Donations. Our Site accepts donations from its users. JHWC is not a non-profit organization and, as such, JHWC is not exempted under section 501(c)(3) of the U.S. Internal Revenue Code, or state equivalent exemptions. Because JHWC is not a non-profit organization, donations made to JHWC are not tax-deductible.
Donations can be made through the following payment methods: Visa, MasterCard, American Express, Discover, Diner's Club, Afterpay, Apple Pay, Paypal. Donations made using these payment methods are subject to the terms and conditions of the applicable third-party payment method. For donation made to our Site, you represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, and (iii) charges incurred by you will be honored by your credit card company.
3. Brands’ Products, Price and Terms.
4. JHWC is not responsible for any products or services provided by the Brands. Any order or inquiry related to the Brands’ products shall be processed and made through the Brand’s website related to the product you wish to purchase or have purchased. Terms of use, services, products, or payment for each Brand are within each brand’s sole discretion, and subject to change.
5, JHWC is not responsible for any description, availability, prices, discounts, or promotions related to the Brands and their products displayed on the Site. We strive to display accurate information on the Brands. However, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to the products. We reserve the right to correct any errors, inaccuracies, or omissions at any time.
6. Account Information. You agree to provide current, complete and accurate account information for account registered with our Site. You agree to promptly update your account and other information, including your email address, so that we can contact you as needed.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JHWC is not responsible for third-party access to your account that results from theft or misappropriation of your account. JHWC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
7. Limitation on Liability and Warranty Disclaimer.
In no case shall JHWC, our directors, officers, owners, managers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
8. Manufacturer's Warranty and Disclaimers. We do not sell, manufacture or control any of the products or services offered by the Brands. The availability of products or services proposed by the Brands does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered by the Brands. To obtain warranty service for defective products, please contact the Brand from which you purchased products or follow the instructions included in the manufacturer's warranty, if any.
ALL PRODUCTS AND SERVICES PRESENTED OR OFFERED, DIRECTLY OR INDIRECTLY, ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD-PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE BRANDS’ OR MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF ANY.
9. General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
10. Accuracy, Completeness and Timeliness of Information. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the service at any time, without notice to you.
11. Optional Tools. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
12. Third-Party Links. Certain content and services available via our Service may include materials from third-parties, such as Square Space, PayPal, Apple, Facebook, Google, and Amazon, and to the extent applicable, you are also subject to such third-party links, their terms, and privacy policies.
Third-party links on this site, including the Brands’ links, may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites, including, without limitation, the Brands. Please review carefully the third- party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
13. User Comments, Feedbacks and Other Submissions.
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to (1) maintain any comments in confidence; (2) pay compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
14. Personal Information.
Your submission of personal information through the store is governed by our Privacy Policy, which can be found here Privacy Policy
15. Prohibited Uses. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
You represent and warrant that you are accessing and using the Site for your own personal or household use only.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
16. Indemnification. You agree to indemnify, defend and hold harmless JHWC, and our parent, subsidiaries, affiliates, partners, officers, directors, managers, owners, members, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
17. Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms.
18. Survival. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
19. Entire Agreement. These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms.)
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms
20. Waiver. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
21. Governing Law. These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of California, United States of America.
22. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
23. Notices. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.