Terms

TERMS AND CONDITIONS

Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of the witandwisdomclothing.com website (the “Site”). Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use and all applicable laws, and that any such access or use is undertaken at your own risk. These Terms of Use are subject to change at any time without prior notice. Any changes will be reflected on the Terms of Use page of the Site. In these Terms of Use, “we” and “our” means Kellwood Company LLC d/b/a Wit & Wisdom Clothing (“Wit & Wisdom Clothing”), and “you” means any person who visits the Site.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

The Terms of Use also incorporate by reference our Privacy Policy, which can be found here. 

1. Site Contents

All images, graphics, logos, button icons, audio, digital downloads, code, software, trademarks, trade dress and other content used on or incorporated into this Site, both individually and as a whole, are subject to intellectual property rights held by or licensed to Kellwood Company LLC or its affiliates.

Subject to your compliance with these Terms of Use, Wit & Wisdom Clothing grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Site for purposes related to placing an order or shopping on the Site.  No right, title or interest in the Site or any contents thereof is granted or transferred to you as a result of the limited license provided hereunder. Unless we give you written permission in advance, any other use of the Site, its content, and its information, including linking or framing to this website is strictly prohibited. Unauthorized use of the Site is expressly prohibited by law, and may result in severe civil and criminal penalties.

2. Use of the Site

a. Who May Use the Site

By using the Site (and registering a customer account on the Site), you represent and warrant that you are at least 18 years of age. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Site is revoked where these Terms of Use or use of the Sites is prohibited or conflicts with any applicable law, rule or regulation.

b. Unauthorized Use of Your Account

You agree to immediately notify Wit & Wisdom Clothing of any unauthorized use of your customer account or any other breach of security. Wit & Wisdom Clothing cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

3. Inaccuracies and Errors

We endeavor to provide accurate, current and complete information on the Site. However, we cannot guarantee that our Site will be free from human and/or technical errors, and the Site may contain mistakes, omissions or inaccuracies, some of which may relate to product descriptions, pricing and availability, and some information may not be complete or current. We therefore reserve the right to the fullest extent allowed by law to correct any errors or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We further reserve the right to the fullest extent allowed by applicable law to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We sincerely apologize for any inconvenience this may cause.

4. Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:

• Accessing data not intended for you or logging on to a Wit & Wisdom Clothing server or account that you are not authorized to access
• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
• Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “email bombing” or “crashing” the Site
• Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site

Violations of system or network security may result in civil or criminal liability.

5. Disclaimers

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED ON AN "AS IS" BASIS. WIT & WISDOM CLOTHING DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WIT & WISDOM CLOTHING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE CONTENTS, THAT THE WEBSITE OR THAT THE SITE, ITS SERVER OR EMAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK. 

6. Indemnification and Release

To the fullest extent of the law, you agree to indemnify, defend and hold harmless Wit & Wisdom Clothing, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from your Use of the Site, your violation of these Terms of Use or the infringement or violation by you of any intellectual property relating to the Site or other right of any person or entity.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

7. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAWS, NEITHER WIT & WISDOM CLOTHING NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, OFFICERS, SUCCESSORS OR ASSIGNS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY SITE CONTENTS. THIS LIMITATION OF LIABILITY APPLIES TO ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY SITE CONTENTS, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF DEMOCRACY CLOTHING, ITS AFFILIATES, SUPPLIERS OR VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WIT & WISDOM CLOTHING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SITE CONTENTS, OR WITH ANY OF OUR TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. CERTAIN PROVISIONS OF THE FOREGOING PARAGRAPH MAY NOT APPLY TO CONSUMERS IN JURISDICTIONS WHERE PROHIBITED BY LAW.

8. Injunctive Relief

You acknowledge that any use of the Site contrary to these Terms of Use, or any transfer, sublicensing, copying or disclosure of any Site Contents may cause irreparable injury to Wit & Wisdom Clothing and its affiliates, and you hereby agree that Wit & Wisdom Clothing may seek equitable relief from a court of competent jurisdiction, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief. This paragraph shall apply notwithstanding the arbitration provisions in these Terms of Use. 

9. Waiver and Severability

Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.

10. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to your use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

11. Choice of Law and Forum

This Agreement shall be governed by and construed under the laws of the State of California, USA, as applied to agreements entered into and to be performed in California by California residents. Subject to and without waiver of the arbitration provisions below, you agree that any judicial proceedings (other than small claims actions in consumer cases as discussed below) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of Los Angeles, California, or federal court for the Central District of California. 

12. Dispute Resolution and Binding Arbitration

This section governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us or the Terms of Use or the Site or your use of the Site, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

a. Informal Dispute Resolution. Prior to taking any formal action against Wit & Wisdom Clothing (including arbitration and court actions), You agree to attempt to resolve any dispute you have with Wit & Wisdom Clothing informally first, by contacting us directly at [insert email], and providing a brief description of the dispute, your requested relief, and your contact information. You agree to attempt to resolve any and all disputes you may have with Wit & Wisdom Clothing in good faith informally through this mechanism.

b. Arbitration. All disputes, claims, or controversies arising out of or relating to the Terms of Use, the Site, or to your relationship with Wit & Wisdom Clothing as a user of the Site (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms of Use) that are not resolved by the procedures identified above shall be resolved by individual (not class) binding arbitration to be conducted before a single arbitrator (“Arbitrator”) administered by the American Arbitration Association (https://www.adr.org or 1-800-778-7879) according to this Section and the applicable arbitration rules for that forum (“Arbitration Agreement”). You and Wit & Wisdom Clothing agree that the Federal Arbitration Act, 9 U.S.C. §§ 1-16, applies and governs the interpretation and enforcement of this Arbitration Agreement. 

The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including but not limited to any claim that all or any part of these Terms of Use are void or voidable, or whether a claim is subject to arbitration. The Arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The Arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

If you are a consumer bringing a claim relating to a transaction intended for a personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Los Angeles, California, or another mutually agreeable location.

Wit & Wisdom Clothing will reimburse the arbitration fees due to the American Arbitration Association for individual arbitrations brought in accordance with this section for all claims totaling less than $10,000, unless the Arbitrator determines that your claims were frivolous, in which case Wit & Wisdom Clothing will not reimburse any portion of your fees due to the American Arbitration Association, unless otherwise required by the applicable law or rules of the American Arbitration Association. 

c. Waiver of Jury Trial. YOU AND WIT & WISDOM CLOTHING WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wit & Wisdom Clothing are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wit & Wisdom Clothing over whether to vacate or enforce an arbitration award, YOU AND WIT & WISDOM CLOTHING WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

d. Class Action Waiver. YOU AND WIT & WISDOM CLOTHING AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Wit & Wisdom Clothing agree, no Arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The Arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

e. Exceptions for Intellectual Property Rights and Small Claims Actions. Notwithstanding the above agreement to arbitrate all disputes, You and Wit & Wisdom Clothing both agree that either Wit & Wisdom Clothing or You may: (1) bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court with jurisdiction or in the U.S. Patent and Trademark Office to protect intellectual property rights, including patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights; or (2) elect to pursue your claim in your local small-claims court rather than through arbitration so long as your matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis, and such claim within the applicable jurisdictional requirements.

f. Survival and Severability. This Arbitration Agreement will survive the termination of your relationship with Wit & Wisdom Clothing. If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms of Use; and (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement.

YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND WIT & WISDOM CLOTHING REGARDING ANY ASPECT OF THE SITE (INCLUDING YOUR USE THEREOF) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.

13. Entire Agreement

These Terms of Use embody the entire understanding and agreement between the parties respecting the subject matter of these Terms of Use and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. 

14. Modifications to this Agreement

Wit & Wisdom Clothing may change these Terms of Use at any time by posting modified terms on its website. We will do our best to provide you with advance notice of any modifications, but this may not always be possible or practicable. 

15. General Provisions

These Terms of Use have been prepared in the English Language and such version shall be controlling in all respects and any non-English version of these Terms of Use is solely for accommodation purposes. You agree that no joint venture, partnership, employment or agency relationship exists between 

Wit & Wisdom Clothing and you as a result of these Terms of Use or your use of the Site. Any and all rights and remedies of Wit & Wisdom Clothing upon your breach or other default under these Terms of Use will be deemed cumulative and not exclusive of any other right or remedy conferred by these Terms of Use or by law or equity on Wit & Wisdom Clothing, and the exercise of any one remedy will not preclude the exercise of any other. You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use without Wit & Wisdom Clothing’s express written consent. These Terms of Use inure to the benefit of Wit & Wisdom Clothing’s successors, assigns, affiliates and licensees. The captions and headings appearing in these Terms of Use are for reference only and will not be considered in construing these Terms of Use. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. All notices or other correspondence to Wit & Wisdom Clothing under these Terms of Use must be sent to the following electronic mail address for such purpose: customerservice@witandwisdomclothing.com 

16. Contact Us