TERMS AND CONDITIONS
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.
2. Use of the Site
a. Who May Use the Site
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.
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.
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
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
8. Injunctive Relief
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
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
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.
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.
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
14. Modifications to this Agreement
15. General Provisions