Terms & Conditions

Overview

Welcome to fifty50apparel.com. This Site is provided as a service to our customers. Please review the following terms and conditions of use, which governs your use of the Site. Your use of this site constitutes your agreement to follow and be bound by the agreement. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use this Site. If you do not agree to these terms, please do not use the Site.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to:

modify or discontinue the Site or any service, content, feature or product offered through the Site
charge, modify, or waive any fees associated with the Site
and/or offer opportunities to some or all users of the Site.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

Site Contents

Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Fifty50 Apparel and other trademarks appearing on the Site are the trademarks of Fifty50 Apparel.

The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site. Unless otherwise specified, the Site and the Contents are intended to promote Fifty50 Apparel's products and services available in the United States. The Site is controlled and operated by Fifty50 Apparel from its office in Simi Valley, California.

Fifty50 Apparel is pleased to hear from users and welcomes your comments regarding our products and services. We do not accept or consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Fifty50 Apparel's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, you agree that Fifty50 Apparel may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Fifty50 Apparel. Fifty50 Apparel is and shall be under no obligation:

(1) to maintain any Comments in confidence;
(2) to pay compensation for any Comments; or
(3) to respond to any Comments Fifty50 Apparel has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Fifty50 Apparel or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Fifty50 Apparel takes no responsibility and assumes no liability for any Comments posted by you or any third party.

Product Information

Many products displayed on the Site are available in stores, at fairs, and events in the United States and, in some cases, select foreign markets. The prices displayed on the Site are quoted in U.S. Dollars. Certain products are available exclusively online through the Site. All products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy. The availability information in the drop down menu is current as of the time and date shown in the search results [or if date is not shown under Availability then "as of the time shown on the day before the date of your search"] but is not guaranteed to be accurate and the item may no longer be available when you visit the Site. We are not responsible for any errors in the operation of or the information provided by the drop down menus on the Site.

Errors, Inaccuracies, and Omissions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

Colors & Style

We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate.

Links to Other Web Sites and Services

The Site may contain links to other Web sites that are not under the control of Fifty50 Apparel. Fifty50 Apparel has no responsibility for the linked Web sites nor does linking constitute an endorsement of any linked Web site. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for the convenience and information of the Site's users.

Indemnification

You agree to defend, indemnify and hold Fifty50 Apparel harmless from and against any and all claims, damages, costs and expenses, including attorneys'fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

Dispute Resolution and Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Fifty50 Apparel agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent (1) to info@fifty50apparel.com, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile. Both you and Fifty50 Apparel agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Fifty50 Apparel expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to

info@fifty50apparel.com The parties shall agree to select an arbitration provider. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or Fifty50 Apparel may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Fifty50 Apparel agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Fifty50 Apparel hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after this Agreement terminates or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Fifty50 Apparel. You may terminate this Agreement at any time. Fifty50 Apparel also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

General

This Agreement shall be governed by the laws of the State of California without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Fifty50 Apparel's right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Site.

Privacy

When you visit the Site, we automatically collect certain information about device, including information about you web browser, IP addrsss, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products, that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information a "Device Information."

We collect Device Information using the following technologies:

"Cookies" are data files that are preached on your device or computer and often include an anonymous unique identifier.
"Log files" track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exist pages, and date/time stamps.
"Web beacons," "tags," and "pixels" are electronic files used to recored information about how you browse the Site.

Additionally when you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number.

When we talk about "Personal Information" in the Privacy Policy, we are talking about both Device Information and Order Information.

We use the Order Information that we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations). Additionally, we use this Order Information to:

communicate with you;
screen orders for potential risk or fraud; and when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.

We use the Device Information that we collect to help us screen for potential risk and fraud, and more generally to improve and optimize our Site (for example, by generating analytics).

We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Shopify to power our online store. You can read more about how Shopify uses your Personal Information here: https://www.shopigy.com/legal/privacy. We also use Google Analytics to help us understand how our customers use the Site. You can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/. You can opt-opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or to any other lawful request for information we receive, or to otherwise protect our rights.

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance's opt-out portal at: http://optout.aboutads.info/. When yo place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information. We may update this privacy policy from time to time to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

Payment

We accept American Express, Discover, MasterCard, Visa and PayPal. Any promotions or coupons must be applied at time of purchase. Discounts will not be able to be activated after your sale is complete.

Sales Tax

Auto calculator software is used to determine all tax rates. Companies selling items on the internet are subject to the same sales tax requirements as other retailers and are legally required to apply sales tax where applicable. Specifically, items sold by Fifty50 Apparel and shipped to any California address are subject toa 7.25% sales tax. Additionally, Fifty50 Apparel is not responsible for reporting or paying Use Tax to states.

Security

All transactions take place via a secure server link (SSL) utilizing the latest encryption technology.