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Terms and Conditions

Last updated on October 1, 2016

Welcome to http://stantt.com/ (“Site”). This Site is maintained and operated by Stantt LLC, a company registered in Delaware, USA with its office at 22 West 38th St, 6th floor, New York, NY 10017 (“Company”).

Your access and use of the Site is subject to the following terms and conditions (“Terms and Conditions”) and all applicable laws. Please read these Terms and Conditions carefully, because they affect your legal rights, including your right to pursue claims against Company in a jury trial in a court of law in the event of a dispute between you and Company. By accessing or using any part of the Site, you accept, without limitation or qualification, these terms and conditions. If you do not agree with all of Terms and Conditions set forth below, you may not use any portion of the Site. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms and Conditions from time to time and such changes shall be posted on the Site.

We encourage you to periodically review the Site for the latest Terms and Conditions. Your continued access to the Site after such changes conclusively demonstrates your acceptance of those changes.

Authorized Use of Site

This Site is provided for your personal use. Any other use of the Site requires the prior written consent of Company.

Unauthorized Use of Site

You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Site within another website or application. You may not resell use of, or access to, the Site to any third party without our prior written consent.

Registration and Passwords

In order to access certain services on the Site, you may be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords. We may suspend or terminate your access at any time with or without notice. To understand how we use information collected from you, please read our Privacy Policy, located here.

Proprietary Rights

Company is the owner of or otherwise licensed to use all parts of the Site, including, but not limited to, all copy, software, graphics, and designs; all copyrights, trademarks, service marks, trade names, and logos; all rights in the referenced Data Fit algorithm, sizing data and in-store shirt sizing sets; all rights in related materials such as the in-store sizing website, web and mobile applications, API and salesperson interfaces; and all other intellectual property or proprietary rights contained therein, including all derivatives, modifications and improvements thereof. Some materials on the Site belong to third parties who have authorized Company to display the materials, such as store or publication logos and trademarks and other proprietary materials. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms and Conditions are reserved by Company.

Activities Prohibited by Site

The following is a partial list of the types of conduct that are illegal or prohibited while using the Site. Company reserves the right to investigate and take appropriate legal action against anyone who, in Company’s sole discretion, engages in any prohibited activity, including, but not limited to, violating any party’s intellectual property, privacy or publicity rights, or introducing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

No Ideas Accepted

Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about design, use advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Site, you understand and acknowledge that such idea is not submitted in confidence and Company assumes no obligation, expressed or implied, by considering it. You further understand that Company shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to Company. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea in any manner, in any medium now known or hereafter developed, without compensation to you.

Links

This Site may contain links to other websites or applications not maintained by Company. Other websites or apps may also reference or link to our Site. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website or app that you visit. We are not responsible for the practices or the content of such other websites or apps.

Social Networking Services

The Site may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Site, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

Returns & Exchanges

Company offers returns and exchanges on its merchandise provided that said merchandise is in an unwashed and unused condition. In the event of an exchange, Company shall send you a new shirt upon receipt of the merchandise to be exchanged. In the event of a return, Company shall refund the purchase price to your credit card or PayPal account upon receipt of the merchandise to be returned.

Shipping

Shipping is free for all products shipped to, or returned or exchanged from, the continental United States (i.e., all states except Hawaii and Alaska). You agree to bear shipping fees for any products shipped to, or returned or exchanged from, outside the continental United States (i.e., Hawaii, Alaska, or international).

No Warranties

WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE SITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY OR COMPLETENESS. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS" AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER ABOUT THE CONTENT ON THE SITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, OR FOR ANY DIRECT DAMAGES, AND/OR ANY OTHER DAMAGES RESULTING YOUR USE OF THE SITE, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED THEREOF.

Notwithstanding these limitations of liability, if we are for any reason found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed the amount paid by you, if any, for accessing this Site.

Indemnification

You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these Terms and Conditions or applicable law or any of your acts or omissions.

Severability

If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies

The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company's right to exercise any other right or remedy.

International Access

Our Site is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Site. We make no representations regarding the legality of this Site in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.

Arbitration; Waiver Of Jury Trial and Class Action Proceedings

While we will make every reasonable effort to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies arising out of or relating to your use of these Terms and Conditions or Company’s services ("Claims") are subject to binding arbitration. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. As used in this arbitration agreement, Company includes its parent, subsidiaries, divisions, or affiliates and their respective officers, directors, employees, agents, or successors. Notwithstanding the above, we both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights or confidential information.

YOU ALSO AGREE AND ACKNOWLEDGE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER IN ARBITRATION ONLY, IN YOUR INDIVIDUAL CAPACITY, ON AN INDIVIDUAL BASIS (NOT A CLASS BASIS), AND IN SO DOING YOU HEREBY WAIVE THE RIGHTS: TO A TRIAL BY JURY; TO BRING CLAIMS IN A COURT OF LAW; TO ASSERT OR PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ACTION ARBITRATION; TO ASSERT OR PARTICIPATE IN A PRIVATE ATTORNEY GENERAL LAWSUIT OR PRIVATE ATTORNEY GENERAL ARBITRATION; AND TO ASSERT OR PARTICIPATE IN ANY JOINT OR CONSOLIDATED LAWSUIT OR JOINT OR CONSOLIDATED ARBITRATION OF ANY KIND.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Supplemental Procedures for Consumer-Related Disputes in effect on the date the arbitration is filed ("AAA Rules"), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA's website www.adr.org, or by calling the AAA at (800) 778-7879. Any arbitration hearing that you attend will be held at a place chosen by the AAA in the same city as the U.S. District Court closest to your then current billing address, or at some other place to which you and Company agree in writing. A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the AAA rules. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. The payment of administrative and arbitrator's fees will be governed by the AAA's rules. The arbitrator's award is final and binding on the parties. Any Claim you have must be commenced within one (1) year after the Claim arises.

Governing Law

The laws of the State of New York shall govern these Terms and Conditions and any Claims hereunder, without regards to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Legal Notice for New Jersey Residents

Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law. Consequently, and for the avoidance of doubt, no provision in these Terms and Conditions shall apply to any consumer in New Jersey if the provision violates any such clearly established legal right or responsibility, including, but not limited to, grounds for redress under or in the event of: (i) seller’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm; (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) seller’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). In addition, under the TCCWNA, no consumer contract may state that any of its provisions is or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey. With respect to these Terms and Conditions, the section titled “No Warranties” is not applicable in New Jersey.

Questions

Should you have any questions regarding these Terms and Conditions you may contact us at questions@stantt.com.