Terms of Service
Last updated: May 4, 2022.
Thanks for visiting the State and Liberty Clothing Company LLC (together with its affiliates, “State and Liberty”) website, which includes, but is not limited to www.stateandliberty.com (and all of the related services, web and other media content, platform functionality, and transactions offered by State and Liberty on or through our website located at www.stateandliberty.com (the “Site”). Throughout the Site, the terms “we”, “us” and “our” refer to State and Liberty. These Terms of Service (these “Terms”) govern your use of the Site, including transactions through our online store located at the Site. The Site and our services that we offer you, through the Site or otherwise, are collectively referred to in these Terms as the “Services”.
Please note that it is important for us and you to be bound by a common understanding about our Site and the Services. To that end, it is important that you review these Terms carefully before accessing or using the Services. Also note that the Services may contain links to third-party websites or resources. We provide these links but we are not responsible for the content, including any policies, security, products, services or other information available from those websites. Interacting with those links may cause you to leave the Site and your activities would be governed by other terms and conditions and privacy practices of such third party websites / properties. You assume all risk arising from, your use of any third-party websites or resources.
One important note is that these Terms contain a MANDATORY ARBITRATION PROVISION in the “DISPUTE RESOLUTION AND ARBITRATION” section below. That term below requires you to arbitrate any claims you may allegedly have against us ON AN INDIVIDUAL BASIS, and note in court. The provision also includes a CLASS ACTION WAIVER and because this provision impacts your rights, it should be read carefully in advance of using the Services.
Please feel free to provide feedback or comments on the Site, Services or Products by email at firstname.lastname@example.org, by calling 1-734-757-3534, or through our website by sending us a message. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use and exploit the Feedback for any purpose for our commercial or non-commercial purposes.
How You Agree to Terms.
By accessing or using any part of our Site, purchasing something from us, or by clicking to accept or agree to these Terms when this option is presented to you, you engage in our Services and agree to be bound by the following 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. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. Any new features or tools which are added to the Site shall also be subject to the Terms.
Modifications to Terms.
We reserve the right to update, modify or replace any part of these Terms at any time in our sole discretion. If we do so, we'll let you know either by emailing you at the last email address we had on file, posting the modified Terms on the Site or through another conspicuous communications. You can review the most current version of the Terms at any time on this Site. It is your responsibility to check this Site periodically for changes. Your continued use of or access of the Site following the posting of any changes constitutes acceptance of those changes. If you do not agree to be bound by the modified Terms, then you may not access the Site or use the Services. Our Services will evolve over time, therefore, we may change or discontinue all or any part of the Services, at any time and without notice, in our sole discretion.
Who May Use the Services
Eligibility. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependences to use the Site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
General Conditions. We reserve the right to refuse service to anyone for any reason at any time. You understand that your Content (defined below) (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 Site through which the Service is provided, without express written permission by us.
Registration and Your Information and Account. If you want to use certain features of the Services, including reviewing past and current orders, you’ll have to create an account (“Account”) on the Site and provide your name and email address. If you want to receive text alerts and updates regarding your Account or an order you placed on our Site, you must opt in to receiving text messages. All standard text messaging rates and terms shall apply.
Because our delivery of the Services and appropriate use of the Site requires that we have the ability to contact you, you are required to provide us with accurate, complete and up-to-date information for your Account. Further, you agree that you will update your information from time to time to keep it accurate, current and complete. If you fail to abide by this requirement, we can suspend or terminate your Account.
For Account security purposes and for Account integrity, you agree not to disclose your Site or Account password to anyone. Each user of the Site or Services must use their own Account and Accounts may not be shared. In the event a password is compromised, you agree to notify us immediately of such compromise, disclosure or any subsequent, related or unrelated unauthorized use of your Account. You are fully responsible for your failure to safeguard your Account information and/or any actions, including any orders or payments made, as a result of any Account usage or compromise.
Subscription. You’ll be able to subscribe to our mailing list to receive emails and/or text messages and updates from the Services by providing us with your email address and phone number. You can unsubscribe at any time.
How Our Services Work.
You can purchase products, including clothes and other accessories ("Products") through our Site. You can also use the Services you will be able to browse and purchase Products. 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.
Use of the Site
- Use the Service and the Site in compliance with all applicable laws, rules and regulations of your home jurisdiction;
- not use the Services to engage in or encourage conduct that, in our sole discretion, would violate any laws or regulations or give rise to any civil or criminal infractions or charges;
- not use the Services or the Site to provide us with any third party content that infringes, misappropriates or violates a third party’s intellectual property rights or rights of publicity or privacy;
- impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; or
- note otherwise act in any manner that would prevent others from use or enjoyment of the Site or Services.
Further, you are prohibited from using our Site or its content to solicit others to perform or participate in any unlawful acts, 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, to collect or track the personal information of others, to spam, phish, pharm, pretext, spider, craw or scrape or to interfere with or circumvent the security features of the Service or any related website, other website, or the internet. We reserve the right to terminate your use of the Services or any related website for violating any of the general prohibitions.
Additionally, you are prohibited from attempting to, or actually doing, any of the following when using the Site or Services:
- using, displaying, mirroring or framing the Services or any individual element within the Services, State and Liberty’s name, any State and Liberty trademarks or logos logo or other proprietary information, without State and Liberty’s express written consent;
- accessing or tampering with the Site or our computer systems, or the technical delivery systems of State and Liberty’s providers;
- attempting to access or search the Site, Services or Content or download any of the foregoing through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools and the like) other than the search agents provided by State and Liberty or other generally available third-party web browsers;
- accessing data not intended for you or log on to a State and Liberty server or account you are not authorized to access;
- testing, scanning or probing or attempting to interfere in any way with any part of the Services or the Site, or our networks;
- reverse engineering any part of the Site or Services; or
- interacting with the Site and the Services other than as intended by us in connection with browsing the content or purchasing Products.
Pricing on Orders; Order Confirmations; Shipping; Delivery
The Product prices displayed through the Site will be in U.S. Dollars and do not include taxes, shipping or handling charges that may apply and which depend on your jurisdiction. We will make reasonable efforts to display accurate, complete and applicable taxes, shipping or handling charges before you place an order. Please note that prices of our products are subject to change without notice.
While we make reasonable efforts to display our Products as accurately as possible, including with respect to color, style, fit/dimensions, and make sure that all Products are as consistent with the presentation as possible, we cannot guarantee that the Product fit, style, color, look, feel or other finish or attribute is as it appears in the digital rendering through our side. Please feel free to visit our stores is you want to see the Products in person!
After you purchase Products, we will provide a confirmation after receipt of your Product purchase via email or other communication order. We will also provide emails or other communications regarding order fulfillment and shipping status.
However, such confirmation of the order DOES NOT constitute an acceptance of your order or a confirmation that we will sell you or ship you the Products specified in the order. Because we only sell to end customers, not wholesalers or other dealers in goods, we may cancel your order if it is not a bona fide end customer or consumer order.
Further, you acknowledge and agree that we may:
- refuse to fill your order;
- limit quantity of Products that you order; or l
- cancel quantities purchased per Account (or by another bona fide metric we determine, in our sole discretion.)
In connection with submission of your Product order, you agree to pay for the Products initially ordered plus any applicable taxes, shipping or delivery/handling costs in advance. Payment must be made through the methods we offer you during the checkout process (each, a "Method of Payment"), which may include payment valid credit card. By submitting payment information through the Site, you authorize us (or any third-party payment service that we engage) to charge your Method of Payment at the time you checkout and submit your Product order.
If we take any of the above actions with respect to cancelling or modifying your order, we will attempt to notify you by contacting the email address provided at the time the order was made. If any order is paid for and subsequently altered, modified or cancelled, we will provide a full or partial refund, as applicable, or a credit for your future use of our Services or purchase of our Products.
When checking out and submitting an order for Products, you may select a shipment method (if more than one method is available through the Site) and we will display our estimate of the shipment method that will be charged to you. We are not responsible for damaged or delayed Product deliveries, as deliveries are made by third party shippers that we engage and thus any delays or damaged shipments are due to events that are beyond our control.
Returns / Exchanges.
Return and Exchange Policies. If a Product is not what you expected it to be, please review our return and exchange policy to learn how and when you may return or exchange a Product purchased. You agree that any applicable shipping and/or handling charges may be non-refundable.
Product Information. Some Products displayed on the Site are available exclusively online through the Services. These Products may have limited quantities and, because of their limited availability, stock will not and cannot be refreshed. When a Product featured on the Site is no longer in stock, we use our best efforts to remove such Product from the Site in a timely manner. Should you have any questions concerning the availability of a particular Product, please contact our Customer Service at 1-734-757-3534 or visit one of our store locations.
We reserve the right to amend errors or to update Product information at any time without prior notice. In the event a Product is listed at an incorrect price due to photographical error, typographical error or any other error in pricing information, we reserve the right to refuse or cancel any orders placed for any Product listed at the incorrect price. We reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your Method of Payment charged. If your Method of Payment has already been charged for the purchase and your order is cancelled, we will issue a credit to your Method of Payment in the amount of the incorrect price. We undertake no obligation to update, amend or clarify information on the Services or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Services or on any related website, should be taken to indicate that all information on the Services or on any related website has been modified or updated.
Alerts and Notifications
As part of the Services, you may receive notifications, alerts, emails, text messages or other types of messages regarding the Services (for example, order confirmations, shipment confirmations and/or delivery information). We may also periodically send you emails or text messages that directly promote the Services and Products (for example, new Product offerings or features we provide, recommendations, special discounts or promotions). When you receive such promotional emails from us you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email or text message you receive.
Content and Content Rights
For purposes of these Terms: (i) “Content” means text, graphics, images or other materials that are posted, generated, provided or made available through the Sit or the Services; and (ii) “User Content” means any Content that you provide through the Services or transmit to us. References to the “Content” includes User Content, unless otherwise indicated in the context of the use.
Content Ownership, Responsibility and Removal
Excluding User Content, State and Liberty and/or its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge and agree that the Services and Content are protected by applicable intellectual property laws, including laws of the United States and foreign countries in which we operate. STATE AND LIBRETY CLOTHING COMPANY, STATE & LIBERTY and all our related names, logos, designs and slogans are trademarks of State and Liberty and/or its licensors and you are not permitted to republish, repost, create derivative works of or use any of our marks without the express prior written permission of State and Liberty with respect to the specific use at issue. Notwithstanding the foregoing restrictions, and subject in all respects to your adherence to the Terms, you are permitted to use the Content solely in connection with your use of the Services and your purchase of the Products for your personal use (and not for commercial distribution or other commercial purposes.)
Termination of Use
We may terminate your access to and use of the Services, in our sole discretion, at any time and without notice to you 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). You may cancel your Account at any time by sending an email to us at email@example.com or calling 1-734-757-3534. The obligations and liabilities of the parties prior to the termination date shall survive the termination of this agreement for all purposes. Further, upon any termination, discontinuation or cancellation of Services or your Account, provisions by their nature that would survive will survive termination.
Your use of the services and content and your purchase of products are at your sole risk. The services, content and products are provided “as is” without warranty of any kind. WITHOUT LIMITING THE FOREGOING, STATE AND LIBERTY EXPLICITLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE SERVICES, CONTENT AND PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless State and Liberty, its parent, affiliates, licensees, successors and assigns, and any of their respective directors, officers, employees, and agents from and against all claims and liabilities, damages, expenses and costs (including reasonable attorneys' fees) or any kind that arise out of, or in connection with or are related to, your use of the Site, Services or violation of these Terms.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, STATE AND LIBERTY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, SUCCESSORS AND ASSIGNS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, PRODUCTS OR CONTENT (“THE RELEASED PARTIES”) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, WRONGFUL DEATH OR ANY OTHER TYPE OF DAMAGE, ANY ERRORS OR OMISSION IN ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, WHETHER OR NOT STATE AND LIBERTY OR ANY OF THE OTHER RELEASED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, STATE AND LIBERTY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF THE PRODUCTS, USE THE SERVICES OR INTERACTION WITH THE SITE OR CONTENT SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID TO STATE AND LIBERTY IN THE FOUR (4) WEEK PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, IF ANY, OR TWO HUNDRED DOLLARS ($200), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO STATE AND LIBERTY, AS APPLICABLE.
You hereby acknowledge and agree that the exclusions set forth above and limitations of damages set forth herein are fundamental elements of the transactions between us.
Non-United States Use & Restrictions
We control and operate the Services from the United States, and all information is processed within the United States. We do not represent that Content on the Services is appropriate or available for use in other locations. By visiting and using any of the Services, you acknowledge that you are not a national of, or resident within any of the countries that are subject to trade embargo, restriction or other limitation under any laws and regulations or listed on any of the United States government's lists of prohibited and restricted parties.
Notice for California Users
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
Dispute Resolution and Arbitration
In the event of a dispute, claim or controversy between us that arises out of or relates to these Terms or any aspect of the relationship between you and State and Liberty, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (collectively, a “Dispute”), you and State and Liberty agree to try to resolve such Dispute informally by first sending a notice to the other. Such notice must be clearly marked “Notice of Dispute” and include the name and contact information of the party giving such notice. The notice must also include the nature of the dispute, including the facts related to the dispute, in reasonable detail. Further, the notice must include a specific statement of the proposed resolution of the Dispute. If any notice is provide to us, you must send any such notice to firstname.lastname@example.org.
In advance of any litigation or arbitration, you and State and Liberty agree to use reasonable efforts to settle any Dispute through good faith negotiations within thirty (30) days after the submission of the Dispute notice. If a Dispute is not resolved within such period, the arbitration provisions of this section shall apply.
IN THE EVENT THAT ANY DISPUTE IS UNRESOLVED THROUGH INFORMAL DISCUSSIONS WITHIN THIRTY (30) DAYS AS DESCRIBED IN THE “INFORMAL DISPUTE RESOLUTION” SECTION ABOVE, AND EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AND STATE AND LIBERTY AGREE TO RESOLVE SUCH DISPUTE THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND YOU AGREE THAT STATE AND LIBERTY AND YOU ARE EACH WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. The arbitration will be administered by Judicial Arbitration Mediation Services, Inc. (“JAMS”).
Any award rendered as a result of the arbitration process will be final and may be enforced in any court having jurisdiction thereof; provided, however that nothing in these Terms preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.
Further, notwithstanding any other term set forth above, either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site or Services or actual or threatened use of the Content without first complying with the terms of the good faith negotiation or arbitration provisions in this section.
If any court or arbitrator determines that the class action waiver set forth in this section is void or unenforceable for any reason, then the Dispute will not be subject to arbitration and such Dispute must be brought in the appropriate federal or state court in Ann Arbor, Michigan. Claims brought in state court may be removed to federal court if removal jurisdiction exists. Both you and State and Liberty consent to venue and exclusive jurisdiction of the United States District Court for the Eastern District of Michigan, Southern District for cases brought in a United States Federal Court, and to exclusive jurisdiction of the Circuit Court of the County of Washtenaw, Michigan for all other disputes. We both agree to waive our right to a jury trial.
Notwithstanding any other longer statute of limitations, any claim or cause of action you may have with respect to State and Liberty, these Terms, the Content, the Services or any Products must be commenced within one (1) year after the claim or cause of action arose.
Legal / General
These Terms and any action related thereto will be governed by the laws of the State of Michigan without regard to its conflict of laws provisions. These Terms constitute the entire agreement between you and State and Liberty, govern your use of the Services, and supersede any prior agreements between you and State and Liberty. You may not assign or transfer these Terms without our express prior written consent. Any unapproved attempt to assign or transfer these Terms will be null and void ab initio. State and Liberty may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. You agree that no joint venture, partnership, employment, or agency relationship exists between State and Liberty and you as a result of these Terms or your use of the Services. The failure of State and Liberty to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The section titles in these Terms are for convenience only and have no legal or contractual effect.
If you have any questions about these Terms or the Services, please contact us at email@example.com or by mail at State and Liberty Clothing, 772 Airport Blvd., Suite 1, Ann Arbor, MI 48104.