Last Updated: January 2024

We welcome You to a website (“Site”)  associated with Apparel Branding Co. (“Apparel Branding), a leading  distributor and direct supplier in the field  of custom textile printing.
 

As updated from time to time as provided for herein, these Terms and  Conditions govern Your access to and use of the Site and Your purchase  of Products (defined below) from Apparel Branding. You should carefully  read these Terms and Conditions. Your use of the Site means that You  have read and understand these Terms and Conditions, and that You have  entered into a binding legal agreement with Apparel Branding . If You do  not accept and agree to be bound by all of the Terms and Conditions You  should discontinue Your use of the Site. If You are using the Site on  behalf of Your employer or any other individual or entity, You represent  and warrant that You have the authority to bind such employer, other  individual or entity.
 

Apparel Branding reserves the right to change the terms and conditions  of the Agreement, the Privacy Policy, and/or any of its other policies  relating to or linked to the Site, at any time in its sole discretion.  No notice is required for any such modification. Any modification is  effective immediately upon posting to the Site. You are responsible for  regularly reviewing the Site and the Agreement regarding such changes.  Your continued use of the Site following posting of any modification(s)  to the Agreement shall be conclusively deemed an acceptance of all such  modification(s). Your only remedy with respect to any dissatisfaction  with any modifications is to cease use of the Site.
 

To the extent that terms and conditions associated with any Purchase  Order are inconsistent with the Terms and Conditions of this Site, the  present Terms and Conditions shall be controlling. Terms and conditions  other than those contained herein or in a specific Purchase Order are  subject to Apparel Branding  prior written approval.

The “Company” means Apparel Branding and any and  all related entities (e.g., affiliates and subsidiaries), and their  respective members, officers, directors, employees, affiliates, agents,  attorneys, licensors and representatives.

“Content” means, without  limitation, text, graphics, photos, graphs, artwork, marketing tools,  marketing works, copyright-protectable subject matter, trademarks,  service marks, illustrations, images, characters, logos, button icons,  clip art, audio clips, digital downloads, data compilations, software  and software hyperlinks, video, music, or other audio clips, and any  other information, materials, or services that are accessible from the  Site (e.g., that may be contained in, displayed on, downloaded from, or  uploaded to the Site).

“Apparel” means Company’s Branded and Private Label Apparel Products.

“Products”  means any goods or products made available to You by Company on, by or  through any Site, including Apparel. “Services” means any services made  available to You by Company on, by or through any Site.

“Site”  includes the Site, all other Company owned or operated websites or  sites, and all subsequent pages made available by or through the Site  and such other Company websites. Please note, however, that the Site may  contain links to third party websites or sites as discussed in more  detail below. Once such a third party link has been accessed, a User is  no longer accessing the Site.

“User” means a person who uses, or who has registered to use, the Site.

“You”  and “Your” means You, an individual user entering into the Agreement,  or the individual or entity on whose behalf You enter into the Agreement  and encompasses all principal(s) or officers(s), partners,  shareholders, officers, directors, employees, or authorized  representatives thereof.

A. The Site includes Content and other  original works of authorship (including, but not limited to, derivative  works based on graphical scans or typed text of public domain materials)  that are both proprietary and intellectual properties of the Company or  its suppliers and are protected by both the terms of the Agreement as  well as domestic and foreign contractual and intellectual property laws  including but not limited to copyright, trademark, patent, trade secret,  and right to privacy or publicity laws.

(1) Copyright. All  Content included on the Site with the exception of Content You upload is  the property of the Company, its suppliers, or their respective  licensors and is protected by United States and international copyright  laws. The compilation of all Content on the Site is the exclusive  property of the Company and protected by U.S. and international  copyright laws. All software used on this site is the property of the  Company, its suppliers, or their respective licensors, and is protected  by United States and international copyright laws. The respective owners  and licensees of any copyrights included in the Site retain and reserve  all of their rights related to such copyrights.

(2) Trademark.  The Site may include various registered or unregistered trademarks or  service marks of the Company, its suppliers, or their respective  licensors. The respective owners and licensees of any marks included in  the Site retain and reserve all of their rights related to such marks.

(3)  Patent. One or more patents may apply to the Site and to the features,  products, and services accessible therein, including U.S. and foreign  patents. Moreover, the Company has various patents pending.

 (4) Rights to Privacy or Publicity. Using a broad  definition, these legal concepts apply to the right of every individual  to control any commercial use of his or her name, image, likeness, or  some other aspect of identity, limited under (United States Federal law)  by the First Amendment. An individual further has a qualified legal  right to reasonable privacy in not having his or her private affairs  made known or his or her likeness exhibited to the public having regard  to habits, mode of living, and profession. These legal concepts are  applied differently depending on the jurisdiction, but You should be  cognizant and careful of an individual’s rights to privacy or publicity.

B.  Through the Site, Company may make available to You certain Content,  Services and Products. Company and/or its licensors own and shall retain  all rights, title and interests, including all intellectual property  rights, in and to the Site, and all elements thereof. Except for the  express licenses granted to You herein, You neither have nor acquire any  rights, title or interests in or to the Site, or any element thereof.

C. The Company grants to You a personal, limited, revocable, non-exclusive and non-transferable license to:

(1) Use the Site as provided herein, until the Agreement is terminated;

(2) Access, load, store and operate the Site with browser software;

(3) Access, view, download, print, use, display and upload Content for use as provided herein;

(4)  Display, download and print portions of the Site as necessary to  investigate and/or purchase Product(s) and/or Service(s), subject to the  limitations in the Agreement.

All rights not expressly granted by  Company to You are retained by Company, and You may not use the Site  and/or any element of the Site in any manner or for any purpose not  expressly authorized by these Terms and Conditions. The rights granted  to You do not include, and are not applicable to, the design or layout  of the Site, which are protected by trade dress and other laws and may  not be copied or imitated in whole or in part.

D. Notwithstanding the above, You shall NOT:

(1) Decompile, reverse engineer and/or disassemble and/or create derivative works from the Site;

(2)  Remove, modify, hide, destroy, obscure or otherwise make unreadable or  non-viewable any notice, legend, advice, watermark or other designation  contained on or within the Site, component thereof or output therefrom,  including, but not limited to, any and all copyright, trademark and  patent designations, if any, contained on or within the Site;

(3)  Upload, post, email, transmit, publish, re-publish, distribute, display  or otherwise make available the Site to any third parties;

(4)  Except as otherwise provided herein, use the Site for any commercial,  financial or other beneficial purpose, including, but not limited to,  advertising, the exploitation, rental, lease, sale or resale of the  Site, except that if You are permitted to upload or post Content in a  manner that is otherwise consistent with the Agreement;

(5) For a  period of more than twenty-four (24) hours, cache or otherwise  temporarily store the Site or component thereof, on any server or other  device used to communicate with individual personal computers or  personal devices. Such limitation does not include cache which is  automatically stored by an individual personal browser application;

(6)  Store the accessed, used, or downloaded Site in any electronic,  magnetic, optical or other format now known or hereinafter created for  more than thirty (30) days;

(7) Assign, rent, lend, lease, sell,  redistribute, republish, sublicense, transfer, export from the United  States, copy, reproduce, modify, adapt, translate, reverse engineer,  decompile, disassemble, extract components or create derivative works of  the Site;

(8) (a) co-brand the Site, (b) “frame” or “mirror” the  Site on any other server or Internet-based device, or authorize or  engage any other party to do any of the foregoing, without the express  prior written permission of an authorized representative of the Company.  For purposes of the Agreement, “co-brand” or “co-branding” means to  display a name, logo, trademark, or other means of attribution or  identification of any party in such a manner as is reasonably likely to  give a user the impression that such other party has the right to  display, publish, or distribute this site or content accessible within  this site. You agree to cooperate with the Company in causing any  unauthorized co-branding, framing or hyper-linking immediately to cease.

E.  You agree not to use the Site to engage in any prohibited conduct. In  general, prohibited conduct is any conduct that would be a criminal,  civil or administrative violation of any applicable local, state,  federal or international law, treaty, court order, ordinance, regulation  or administrative rule. Prohibited conduct is also any conduct that is  infringing, tortious or that is harmful to the Company or any other  party or property; that violates another party’s intellectual property,  privacy or other rights; or that otherwise interferes with the  operation, use or enjoyment of any Service, system or other property  including the Site. Prohibited conduct includes, without limitation,  using the Site to (i) intercept, divert or otherwise interfere with any  communication; (ii) violate the security or integrity of, or gain  unauthorized access to, the Site or any other Service, system or  communication; (iii) impose an unreasonable or disproportionately large  load on any systems or infrastructure; (iv) unsolicited or unauthorized  advertising, promotional materials, junk mail, “spam,” chain letters,  pyramid schemes, or any other form of duplicative or unsolicited  messages, whether commercial or otherwise; (v) create a “mail drop” for  such communications, or engage or permit email relay services; (vi)  “spoof” or otherwise impersonate any other party, falsely stating or  otherwise misrepresenting one’s identity or affiliation in any way or  forge, delete or alter any part of TCP/IP packet header or sender  identification in any communication; (vii) commit fraud; (viii) harass  or threaten any party, advocate or otherwise encourage violence against  any government, organization, group, individual or property, or provide  instruction, information, or assistance in causing or carrying out such  violence; (ix) disseminate viruses, Trojan horses, worms, time bombs or  other code or programming intended to damage, interfere with, intercept  or expropriate any system, data or information; (x) send or receive any  material that could be considered harmful, obscene, pornographic,  indecent, lewd, violent, abusive, profane, insulting, threatening,  tortious, harassing, hateful or otherwise objectionable; (xi) send or  receive any material that harasses, victimizes, degrades, or intimidates  an individual or group of individuals on the basis of religion, race,  ethnicity, sexual orientation, gender, age or disability; (xii) send or  receive material containing defamatory, false or libelous material;  (xiii) send or receive any material that infringes or violates any  intellectual property or other right of any entity or person, including,  without limitation, copyrights, patents, trademarks, laws governing  trade secrets, rights to privacy or publicity; (xiv) send or receive any  material that You do not have a right to make available under law or  contractual or fiduciary relationships; (xv) engage in conduct that  would expose the Company to civil or criminal liability; (xvi) assist  others in engaging in prohibited conduct. This list is not intended to  be exhaustive.

F. The Site may include technological protection  measures that effectively control access, reproduction or distribution  of the proprietary or intellectual properties accessible through the  Site. Any attempt to tamper or dismantle these protections is a breach  of the Agreement, and may be a violation of the United States Digital  Millennium Copyright Act of 1998, and may subject the violator to civil  and criminal penalties.

G. Links to and from other websites: The  Site contains links to other websites, and other websites may contain  links to the Site, such websites not being owned by, or under the direct  control of, the Company (“Linked Websites”). The Linked Websites are  not under the control of the Company, and the Company does not endorse,  is not affiliated with, and is not responsible for, any Linked Websites,  including the functionality of the links to or from, Content or  applications provided by or through, or privacy policies or other  agreements included in, a Linked Website. Company has not taken any  steps to confirm the accuracy or reliability of any of the information  contained in any Linked Websites. The Company is not responsible for  licensing to You any Content or application provided by or through a  Linked Website, and Your use of Content or application(s) provided by or  through Linked Websites is governed solely by Your agreement, if any,  with the owner and/or provider of the Linked Website. You use Linked  Websites, and links to and from any third party website, at Your sole  risk. For example, the Company is not responsible for, without  limitation, any incorrect data, errors in computation, improper  transmission of data, or a security breach resulting from Your use of a  Linked Website or a link to or from a Linked Website. The Company  provides links to You only as a convenience, and You hereby irrevocably  waive any claim against Company with respect to all Linked Websites.

H.  The Company may use any actions performed on the Site and Content  posted to the Site by Users to improve the Site, the use including, but  not being limited to, collection, storage, display, aggregation,  summarization, and any other processing of the posted Content or  performed actions.

I. You hereby grant to the Company the  royalty-free, paid-up, perpetual, irrevocable, worldwide, non-exclusive,  transferable right and license to use, reproduce, modify, adapt,  publish, translate, create derivative works from, distribute, perform,  and display all Content, remarks, suggestions, ideas, graphics, or other  information communicated to the Company through this site, including  without limitation data collected from You (together, the “Submission”),  and to incorporate any Submission in other works in any form, media, or  technology now known or later developed. In general, unless an  exception is noted when a Submission is made or in a separate agreement  between You and the Company relating to a particular Submission, or  unless an exception exists under applicable law, regulation, or the  Company’s Privacy Policy, the Company will not be required to treat any  Submission as confidential, and may use any Submission in its business  (including without limitation, for products or advertising) without  incurring any liability for royalties or any other consideration of any  kind, and will not incur any liability as a result of any similarities  that may appear in future Company operations.

We try to display as accurately as possible the colors  of our Products shown on the Site. Unfortunately, the actual colors You  see will depend on Your monitor, and we do not guarantee that Your  monitor's display of any color will be accurate. The colors shown on the  Site are for reference only. Thus, the Company takes no responsibility  whatsoever for any variances between the appearance of colors or  graphics displayed on Your monitor and any finished Product.

The Company does not  control the availability or content of any outside web sites, services,  or resources to which this Site may link. Concerns regarding any such  service, resource, or link should be directed to the particular outside  service or resource. The Company does not necessarily endorse, sanction,  or verify sites that link to the Company’s Site, even if any logo or  mark of the Company is used as part of the link to this Site.

DMCA  Notice. If You believe that Your work has been copied in a way that  constitutes copyright infringement, please send written notification to  our Designated Agent. Your written notification must include the  following:

• An electronic or physical signature of the owner or  of the person authorized to act on behalf of the owner of the copyright  interest;

• A description of the copyrighted work that You claim has been infringed;

•  A description of the material You claim to be infringing or to be the  subject of infringing activity and that is to be removed or access to  which is to be disabled, and information reasonably sufficient to permit  us to locate the material;

• Your address, telephone number, and e-mail address;

•  A statement by You that You have a good-faith belief that the disputed  use is not authorized by the copyright 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 copyright  owner or authorized to act on the copyright owner's behalf.

Counter-Notices.  If You believe that material You contributed to the Site has been  improperly removed and You wish to make a counter-notification under the  DMCA, You must provide written notification to our Designated Agent  that includes substantially the following:

• Your physical or electronic signature.

•  Identification of the material that has been removed or to which access  has been disabled and the location at which the material appeared  before it was removed or access to it was disabled.

• A statement  under penalty of perjury that You have a good-faith belief that the  material was removed or disabled as a result of mistake or  mis-identification of the material to be removed or disabled.

•  Your name, address, and telephone number, and a statement that You  consent to the jurisdiction of Federal District Court for the judicial  district in which the address is located, or if Your address is outside  of the United States, for any judicial district in which the Company may  be found, and that You will accept service of process from the person  who provided notification of claimed infringement, or an agent of such  person.

Send notices and counter-notices to the Company’s DMCA Agent. DMCA notices and counter-notices must be provided in writing to:

DMCA NOTICE
Legal Department
Apparel Branding Co
2028 S Hwy 53 Ste 3 #133
La Grange, KY 40031
 

With an electronic copy to: apparelbrandingco@gmail.com

You  should only send notice or counter-notices of potential copyright  infringement to our Designated Agent. For all other inquiries (e.g.,  requests for technical assistance or customer service, reports of email  abuse, and piracy reports), please contact us by way of apparelbrandingco@gmail.com.

Under  the Copyright Act, any person who knowingly materially misrepresents  that material or activity is infringing or that the material or activity  was removed by mistake may be subject to liability.

Privacy

With respect to information collected through the Site, the Company shall adhere to the Privacy Policy

Modifications

A. To the Agreement. We have the right to  modify this Agreement and any other Agreement or policy referenced in  the Site, or linked to the Site, at any time. No advance notice is  required for any such modification. Any modification is effective  immediately upon posting to the Site. Your continued use of the Site  following posting of any modification(s) to this Agreement shall be  conclusively deemed an acceptance of all such modification(s). Your only  remedy to any dissatisfaction with any modifications is to cease use of  the Site as provided for above.

B. We have the right to modify,  suspend or discontinue the Site or any portion thereof at any time,  including the availability of any area of the Site without notice. We  may also impose limits on certain features and services or restrict Your  access to parts or all of the Site without notice or liability.

C.  In addition to our right to make modifications to the Site as set forth  above, the Company reserves the right, for any reason or no reason at  all, and in its sole discretion, to modify or remove any Content You  have provided to the Site.

Customer Loyalty Program

Company may at its sole discretion  have a loyalty program and may cancel or modify the terms of the program  at any time at its sole discretion. Additionally, the program shall not  be applicable in any jurisdiction where there are legal issues or  Company is subject to additional fees or charges for having such a  program.

Participation in the loyalty program requires that Your  account remain in good standing. Any discounts provided under the  loyalty program cannot be used in conjunction with any promotional  codes. Additionally, discounts shall be deducted from list or online  pricing. Discounts cannot be combined with any special offers or special  pricing. Returns and credits shall be deducted from totals.

Taxes

You shall be responsible for all taxes and fees  incurred for using the Site or purchasing any items. In the event any  exemption is claimed and then disallowed by a tax authority or judicial  body, You agree to reimburse the Company for the amount of tax involved  and any reasonable service charge associated therewith.

Payment

A. You shall purchase Products in accordance with  Company’s price list in effect at the time of the order (less other  discounts, if any). Prices are exclusive of all sales or use taxes,  tariffs, customs, duties and other governmental charges. You shall pay  or reimburse Company for any and all such charges. Payment for Products  must be made without discount in United States dollars.

B. In the  event You do not timely pay the amount due pursuant to any credit  agreement Company may have with You, You agree to pay a delinquent  finance charge up to the maximum permitted by any applicable law,  including, but not limited to the laws of the State of Kentucky. Payment  of any such finance charge will not excuse or cure a breach or default  for late payment. Any amounts not paid by the due date will be subject  to a finance charge at a rate equal to the lesser of 2% per month or the  maximum rate allowed by law.

C. Company reserves the right to  grant credit at its sole discretion upon Company’s approval of Your  credit application. Company also reserves the right to terminate such  credit at any time at its sole discretion for cause or for no cause at  all.

D. Returned payment instruments (e.g., checks) for  insufficient funds or a stop payment are subject to a fee to be  determined by Company at its sole discretion, and shall be at least $50.

E. Company reserves the right to charge a $5.95 handling fee when using a third party shipping account

F. Company reserves the right to charge a processing fee when an order is below a threshold amount.

G. Late payment of any amount shall be grounds for Company to discontinue performance.

H. Payment shall not be considered final until freight charges and taxes billed to You have been paid.

I.  You remain responsible for all shipping and handling charges including,  without limitation, failure by a consignee to pay shipping charges,  failure by any third party to pay shipping charges, an incorrect or  invalid shipping account number, or incorrect contact information.

J.  Credit Cards: We accept Visa, Mastercard, American Express and  Discover. Your credit card will not be charged until Your transfer order  ships. A declined credit card may cause a delay in shipping Your order.  You will be notified of any orders in which a credit card payment has  been declined. Company must hear from You by 4 p.m. (EST) to ensure that  the shipment remains on schedule. Shipments will be held until the  following day if You contact Company after 4 p.m. (EST).

Ordering

A. Easy Prints® (our artwork) are chosen from our companion Idea Book™ or website using our layouts, clip art, and fonts.

B.  Vector (Your Vector Artwork) is referred to as an art file submitted  from you and including the file extension types of .ai, .cdr, .eps,  .pdf, or .svg. Artwork must be submitted to Apparel Branding Co. via email or file uploading.  Artwork cannot include any raster images and all fonts must be converted  to curves (or outlines) to qualify for vector pricing.

C.  Non-Vector (Your Non-Vector Artwork) is any layout, clip art and/or font  not shown in our full color companion Idea Book™ or web site, or any  excessive alteration of an Easy Prints® layout, or any non-qualified  Vector Artwork submitted to Apparel Branding Co. You will be notified of any additional art charges.

D. Phone  orders are accepted at Your own risk and will be confirmed before they  are processed. Refunds on phone orders will not be accepted when the  error in Your order is due to a miscommunication.

E. Electronic  proofs are available but must be paid in advance or charged to a credit  card. This cost is non-refundable. Proofs are highly recommended for orders that include a typesetting fee and/or are over $150.00.

F.  Reorders are priced as an Easy Prints® (our artwork) order as long as  there are no changes to the artwork. Please provide us with the original  order number. Your art is kept on file for two years from the last  order date. Any films, plates, drawings, electronic files, etc., are the  sole property of the Company.

G. We will use our best efforts to  preserve the condition of any original artwork You provide. We will also use our best efforts to return an original to You. Please advise us if  You wish an original to be returned and whether You require us to insure  the same.

H. Orders ship F.O.B., Mentor, Ohio or Chandler,  Arizona, by FedEx or UPS (Canadian orders ship UPS). All quoted delivery  times are based on delivery of the common carrier. We cannot accept any  liability for the failure of any carrier to fulfill a promised delivery  time. We are not responsible for delays due to inclement weather or due  to the carrier of Your choice.

I. Rush delivery is available based on pricing and schedule noted for each Product.

J.  Company reserves the right to require a deposit before completing an  order. Most orders will require a 50% deposit. 

Pricing

All prices are subject to change without notice.  Company assumes no responsibility and shall incur no liability  whatsoever if price change notices are not received. In the event of new  taxes or legislation affecting the cost of Products, Company reserves  the right to increase prices as it deems appropriate or necessary.

Return Policy and Incorrect Invoice or Statement

A. You agree  to immediately exam any Product for defects upon receipt of delivery.

B. You  further agree to examine immediately upon receipt each and all of  Company’s invoices and statements and that You will advise Company of  any transaction disputes within ten (10) days of receipt.

C.  Timely failure to notify Company of any dispute or defective Products  shall constitute a complete waiver of any and all such disputes.

D.  All returned merchandise should  be in its original condition.  Product returned without an RA Number  will be refused and will not be processed for credit. To return  merchandise, the RA number must be denoted on the outside package and a  letter enclosed explaining the reason for requesting a refund or  exchange.

E. Returns must be brand new and in original packaging.

F.  Stock items can be returned, damage free, prepaid freight within the  indicated time frame. Cancelled orders or returns of such unwanted  merchandise may be subject to a twenty percent (20%) restocking fee plus applicable shipping charges.

G. Unless defective upon receipt,  discontinued, close-out, custom and/or non-stock items (e.g., that have  additional products attached to the item) cannot be returned.

H. Returns without original corresponding invoice number(s) shall be credited at the lowest published price.

I.  The custom nature of Company Products and our short delivery cycle  dictate that cancellations and returns are permissible for stock items  and defective materials only. Requests for changes will be accommodated when possible and may involve an additional fee.
 

Mail returns to:
Apparel Branding Co.
2028 S Hwy 53 Ste 3 #133
La Grange, KY 40031
Attn: Customer Service

To the extent that  there are specific Branded and Private Label Apparel sales policies. These policies shall govern Your purchase of  Apparel in the event there are any conflicts or inconsistencies with the  other terms of this Agreement. See Policy section. 

You agree to indemnify, defend, and hold the  Company harmless for, from and against all liabilities, losses, claims,  actions, expenses and damages (including attorneys’ fees and expenses  including the cost of collection on any past due invoice) resulting from  Your breach of this Agreement or use of the Site, including without  limitation (1) any breach of foregoing representations and warranties,  or (2) any actual or alleged infringement of a third party’s  intellectual property rights. Without limiting the generality of the  foregoing, You agree to indemnify, defend and hold Company harmless for,  from and against any improper or illegal use of Your account, including  the improper or illegal use of Your account by someone to whom You have  given permission to use Your account. The Company reserves the right to  assume the exclusive defense and control of any matter otherwise  subject to indemnification by You, and in such case, You agree to  cooperate with the Company in the defense or in asserting counterclaims  to any such claims and You shall continue to pay all costs, expenses and  attorneys’ fees following the Company’s assumption of control  (including, but not limited to the right to select counsel and to make  all strategic decisions in any litigation or other proceeding related in  any way to the foregoing) until the matter is resolved, as well as any  resultant damages.

Term & Termination

A. The Agreement shall continue until  terminated by Company or until Your decision to terminate the Agreement.  The Company reserves the right to terminate any User for any reason or  for no reason, with or without cause. You understand that nothing in the  Agreement confers any rights of access to the Site or any rights to  data stored by or on behalf of the Company. You agree that You do not  own any User account You may use to access the Site, nor do You own any  data the Company stores on its servers (including without limitation any  data representing or embodying any or all of Your Content). You  understand that any and all Content You may have provided to the Company  may be retained by the Company and may or may not be deleted upon  termination of the Agreement with You.

B. Upon termination of the  Agreement, You are required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE  OF THE SITE. Moreover, upon termination of the Agreement, You are still  bound by the provisions of the Agreement with respect to all of Your  past activities and use of the Site.

C. IF ANY OF THESE TERMS OF  USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE  THIS AGREEMENT BY IMMEDIATELY DISCONTINUING ALL YOUR ACCESS AND USE OF  THE SITE. YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF NOTICE  OF ANY CHANGES IN THE AGREEMENT SHALL INDICATE ACCEPTANCE BY YOU OF  SUCH TERMS OF USE, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THE  AGREEMENT.

D. EITHER YOU OR WE MAY TERMINATE THE AGREEMENT AT ANY  TIME. YOU UNDERSTAND AND AGREE THAT TERMINATION IS YOUR SOLE RIGHT AND  REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY. THIS INCLUDES, BUT IS  NOT LIMITED TO, ANY DISPUTE RELATED TO, OR ARISING OUT OF: (1) ANY TERM  OR CONDITION CONTAINED IN OR REFERENCED IN THE AGREEMENT; (2) ANY POLICY  OR PRACTICE OF THE COMPANY; (3) ANY DISCLOSURE OR USE OF YOUR  INFORMATION; AND (4) YOUR ABILITY TO ACCESS AND/OR USE THE SITE.

Severability

If any provision of the Agreement is found by  any court of competent jurisdiction to be invalid or unenforceable, the  invalidity of such provision shall not affect the other provisions of  the Agreement, and all provisions not affected by such invalidity shall  remain in full force and effect.

Waiver

The waiver by the Company of a breach or default in  any of the provisions of the Agreement by You shall not be construed as a  waiver of any succeeding breach of the same or other provisions; nor  shall any delay or omission the Company’s part to exercise or avail  itself of any right, power or privilege that it has or may have  hereunder operate as a waiver of any breach or default by You.

Notices

If to the Company, notice shall be deemed given (A)  if by hand delivery, upon receipt thereof, (B) if by mail, seven (7)  days after deposit in the United States mails, postage prepaid,  certified mail, return receipt requested, or (C) if by nationally  recognized overnight courier service, upon such delivery. Notice to the  Company should be sent to:

Legal Department
Apparel Branding Co.
2028 S Hwy 53 Ste 3 #133
La Grange, KY 40031
 

If to You, notice shall be deemed given when an email is  sent to the e-mail address You provide to the Company during the  registration process, unless the Company is notified that the e-mail  address is invalid. Any notice provided pursuant to the Agreement shall  be in writing.

Governing Law and Jurisdiction Choice of Law

You agree that  all matters relating to the Agreement and/or Your access to or use of  the Site, including all disputes, will be governed by the laws of the  United States and by the laws of the State of Kentucky without regard to  its conflicts of law provisions. You agree to the personal jurisdiction  by and venue in the state and federal courts in Oldham County,  LaGrange, KY and waive any objection to such jurisdiction or venue.

Any claim or cause of action arising  out of or related to use of the Site or the Terms must be filed within  one (1) year after such claim or cause or action arose regardless of any  statutes or law to the contrary. In the event any such claim or cause  of action is not filed within such one (1) year period, such claim or  cause of action are forever barred.

Waiver of Jury Trial

You knowingly, voluntarily and  intentionally waive any right You may have to a trial by jury with  respect to any proceeding arising out of or in any way relating to the  Site or the Agreement.

The Agreement constitutes the entire  agreement between the parties with respect to Your use of the Site, and  supersedes all prior agreements between the parties, whether written or  oral, relating to Your use of the Site.

The Privacy Policy  contained on the Site is incorporated in these Terms and Conditions by  reference, but these Terms and Conditions shall govern any conflict or  inconsistency with such Privacy Policy.

Your use of the Site shall  be governed by this Agreement and to the extent that this Agreement  conflicts with any other Agreement of the Company with respect to access  to the Site, this Agreement shall control.

We are always happy to listen to Your comments, and answer Your questions. You may contact us by email as follows: apparelbrandingco@gmail.com