We may, without prior notice, change the Site; stop providing the Site or features of the Site, to you or to Users generally; or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

This Site may provide you with an opportunity to interact with others and share your thoughts, information, and materials. Company expects all of its users to be respectful of others (“Acceptable Use Policy”). If you notice any violation of this Acceptable Use Policy or other unacceptable conduct by any user, you should contact us and report such activity.

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 this Site. Further, you may not use any such automated means to manipulate this Site or attempt to exceed the limited authorization and access granted to you under these Terms. You may not resell the use of, or access to, this Site to any third party.

You may not use Content for the development of any software program, model, algorithm, or generative AI tool, including, but not limited to, training or using the Content in connection with the development or operation of a machine learning or artificial intelligence (AI) system (including any use of Content for training, fine tuning or grounding the machine learning or AI system as part of retrieval-augmented generation).

You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products and/or any content, information, and/or other materials that you may post or submit to the Site and/or Company (“User Content”). By submitting any User Content, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company, its licensors, and/or the foregoing’s affiliates under any fiduciary or other obligation, and that Company, its licensors, and/or the foregoing’s affiliates are free to use the User Content without any additional compensation to you, and/or to disclose the User Content on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Company, its licensors, and/or the foregoing’s affiliates does not waive any rights to use similar or related ideas previously known to the foregoing entities, or developed by its employees, or obtained from sources other than you.

Certain features of the Site may require you to register for an account. Your account on the Site (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Company with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, whether or not you authorized the activity, and we are not liable to your or any third party arising you’re your failure to comply with any of the foregoing obligations. You must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Company immediately of any breach of security or unauthorized use of your User Account. None of the Released Parties will be liable for any losses caused by any unauthorized use of your User Account.

You may edit your account information and view your order history within your User Account. By providing Company your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Company is the operator of and merchant of record for the [STORE NAME] Store (“Store”). By placing an order, you are entering into a contract with and need to direct all communications regarding your order to Company. By placing your order, you acknowledge and agree to these Terms and Company’s Privacy Notice.

If you choose to purchase any product or merchandise (“Product”) that is made available through this Site (each, a “Transaction”), you will be asked to provide certain information relevant to your Transaction (e.g., your name, credit card number, billing address, expiration date, delivery or shipping information, etc.). You represent and warrant that you (i) have the legal right to use any credit card, debit card or other payment method that you use in connection with the Transaction and (ii) are eighteen (18) years of age or older, or of the legal age of majority in your state and/or country of residence. By submitting Transaction information, you grant us or the third party collecting that information on our behalf the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You understand and agree that you are charged at the time you place your order for Products. You agree to pay all charges incurred by you, on your behalf, or by your account through our Site, at the price in effect when such charges are incurred. You are solely responsible for any charges incurred in connection with your transaction through the Site, including, without limitation, all taxes, shipping, customs/duties charges, and other charges or fees expressly detailed at the point of purchase applicable to your transaction.

All descriptions, images, features, specifications, products, and prices of products or services are subject to change at any time without notice in our sole discretion. The inclusion of any products or services on this Site does not imply or warrant that these Products will be available. The ability to purchase Products may vary based on location, and such locations may change without notice. We reserve the right, in our sole discretion, to refuse or cancel any order you place with us. Some instances that may result in your order being canceled include, but are not limited to, where a product has been mispriced; when payment or billing information cannot be confirmed; or where the Product is no longer in our inventory or that of our third party fulfillment provider. In the event that we cancel an order, we will attempt to notify you by contacting the email, billing address and/or phone number provided at the time you placed the order.  We reserve the right to limit the available quantity of or discontinue any product or service; impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; bar you from making or completing any or all transactions; or refuse to provide you with any Product. Company reserves the right not to sell to resellers, dealers, or distributors. If you would like to cancel your order, in whole or in part, you may have a short window of time to cancel items from your order before they begin processing by contacting us. Once you have received your order, you may return or exchange any eligible items.

Company makes reasonable efforts to provide accurate information on the Site, including, without limitation, regarding the pricing, product descriptions, sizing, availability, Promotions, and other information; however, from time-to-time, unintentional inaccuracies and/or errors may occur. In the event of such inaccuracies and/or errors, Company may, in its discretion and at any time without notice) make any corrections, changes, and/or updates that it determines necessary and, further, cancel an order as further detailed in these Terms.

The pricing and availability of Products on the Site are subject to change by Company at any time without notice. As used on the Site, “sale” prices, strikethrough pricing, and percentage savings offers specific to a Product are discounts from the “regular”, “original,” and/or stricken-through prices (excluding, without limitation, all taxes, shipping, and other charges or fees applicable to a transaction). A “regular”, “original,” and/or stricken-through price specific to a Product is the prior or subsequently-offered price of the Product or a comparable product; however, Company does not make any claim or representation as to the length of time and/or number of sales of the Product-at-issue with respect to such pricing nor that such Product will not be offered at the same, similar, and/or lower pricing following the respective period. Actual savings may exceed the percent savings shown.

Nothing in this Section shall affect rights that consumers may have under applicable consumer protection laws.

We make various payment methods available for purchases through this Site via one or more third-party payment processors, and reserve the right to change the permitted payment methods from time to time. Your selected payment method will be billed when you place an order through this Site. Company will not fulfill any order without authorization validation of your purchase from your payment method. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current.

You acknowledge and agree that any Product offers made available through this Site are subject to change at any time and from time to time without notice. Product prices listed on the Site may differ from the pricing for similar products made available to you in other sales channels, including without limitation the pricing made available in brick-and-mortar stores and/or other locations operated by Company and/or third parties and/or the pricing advertised by third-party vendors. THERE IS NO WARRANTY OR GUARANTEE THAT THE COLORS, QUALITY, PRODUCT DESCRIPTIONS, OR OTHER CONTENT OF THE SITE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

We will ship the Product(s) you purchase via the shipping method of our choice, on such other terms and conditions (such as applicable shipping and handling fees) that we may disclose to you at the time of your purchase. We will send you an email with order information and tracking details. We do not guarantee the services of any shipping service, and delivery dates and times are estimates and are not guaranteed. We will, however, use commercially reasonable efforts to dispatch the Product to you as soon as reasonably possible after you place your order. During busy times, such as holiday periods and periods of inclement weather, there may be additional processing and shipping delays.

You agree to not hold any Released Party liable for any shipping issues. All items purchased from the Site is made pursuant to a shipping contract. This means that the risk of loss and title for such items passes to you upon our delivery of the product to the carrier, except to the extent otherwise required by law.

Deliveries will include two delivery attempts. If delivery cannot be completed after two attempts due to circumstances attributable to the customer (including, without limitation, refusal of delivery, failure to be available, or failure to provide accurate delivery information), you will be responsible for any additional costs or fees associated with further delivery attempts, storage, or return of the Products.

Most package carriers have a short time frame in which to initiate claims. We recommend that you inspect your package for damage immediately upon arrival. If there is a problem, contact the delivery service immediately to resolve any problems. At our discretion, we may choose to halt, or alter, the delivery of an order, even though it is in the hands of a delivery agent or shipping company. We may do this as a customer service or in cases where we suspect fraud. You agree to pay any additional charges that may arise to do circumstances in which we take such action.

This provision, in addition to the remainder of these Terms, are subject to Section 15.1.

Company will provide refunds for Products purchased through the Site solely in accordance with our Cancellation and Returns Policy. However, please note that certain Products, once unsealed after delivery, cannot be returned for health or hygiene reasons. In addition, personalized Products such as Products with custom stitching or engraving are not eligible for refunds and cannot be returned unless the applicable Product has a manufacturing defect.

The provider of services is Company, 7900 Rockville Road, Indianapolis, Indiana 46214, telephone: (317) 243-2000. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

All matters relating to this Site and/or these Terms are governed by the laws of the State of New York (USA), without reference to conflict or choice of law principles. You agree that exclusive jurisdiction and venue for any legal proceeding relating to this Site and/or these Terms shall be in appropriate courts located in the County of New York, State of New York (USA). We do not warrant or imply that this Site or Content/materials on this Site are appropriate for use outside of the United States. Although this Site are accessible worldwide, the Products or Content discussed or referenced on this Site may not be available to all persons or in all geographic areas. In addition, not all persons may be able to participate, be eligible for offers or win prizes, if applicable, in the sweepstakes, contents or similar promotions made available through this Site.  The information set forth on this Site concerning any products or services is applicable only in the United States. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction in our sole discretion and at any time. If you are located outside of the United States, you are solely responsible for compliance with any applicable local laws. These Terms operate to the fullest extent permissible by law.

MANDATORY INFORMAL DISPUTE RESOLUTION PROCESS: If you have a “Dispute” (as defined below) with any Released Party relating to these Terms, you shall first provide Company with written notice (“Notice”) by using the following email address CS Email. A Notice must include all of the following: (1) a detailed description of the Dispute; (2) the nature and basis of the claim(s); (3) the nature and basis of the specific relief sought and a detailed calculation for that relief; and (4) information sufficient for Company to evaluate your claim. Any Notice you submit must be signed by you. You and we agree to negotiate in good faith in an effort to resolve any Dispute. This should lead to resolution, but if for some reason the Dispute is not resolved satisfactorily within sixty (60) days after receipt of a compliant Notice, you and we agree to the further dispute resolution provisions below. Both you and we agree that this informal dispute resolution process is mandatory and a condition precedent that must be satisfied before initiating any formal dispute resolution proceeding. Any applicable statute of limitations will be tolled for sixty (60) days from the time a fully compliant Notice is served on the other party unless the parties mutually agree to extend that period.

BINDING INDIVIDUAL ARBITRATION: You agree that the sole and exclusive forum and remedy for any and all disputes, actions, claims, or other controversies between you and any Released Party that cannot be resolved informally and that relate in any way to or arise out of these Terms (“Dispute”) shall be final and binding arbitration. Dispute shall have the broadest possible meaning permitted by law.

You and we acknowledge that these Terms affect interstate commerce and that the Federal Arbitration Act (“FAA”) and federal arbitration law apply to arbitrations under these Terms (despite any other choice of law provision).

Arbitration under these Terms shall be administered by the American Arbitration Association (the “AAA”). The applicable AAA Consumer Arbitration Rules and AAA Mass Arbitration Supplementary Rules shall apply, as modified by these Terms. If you initiate arbitration, the applicable AAA rules will govern the payment of fees unless applicable law requires a different allocation of fees in order for this arbitration provision to be enforceable. If you are unable to pay your share of the AAA fees, we will consider a request to pay them on your behalf so long as you have fully complied with the informal dispute resolution process as set forth above.

The arbitration will be conducted before a sole neutral arbitrator who shall be located at or near the location where the arbitration will take place. The arbitration will be conducted at a location that is reasonably convenient for you.

The award of the arbitrator may require payment of the costs, fees, and/or expenses incurred by the prevailing party consistent with applicable law and the applicable AAA rules. The provisions of Fed. R. Civ. P. 68 may be applied by the arbitrator. The arbitrator shall be bound by these Terms as a court would and shall issue a reasoned, detailed decision explaining the essential findings and conclusions on which the award is based.

INDIVIDUAL RELIEF AND CLASS ACTION WAIVER: The parties agree that the arbitrator may award the same relief available in court provided that such relief (including declaratory or injunctive relief) shall only be in favor of the individual party seeking relief and only to the extent necessary to provide the relief warranted by that party’s individual claim. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST A RELEASED PARTY ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. FURTHER, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE ANY PERSON’S OR ENTITY’S CLAIMS WITH THOSE OF ANOTHER PERSON OR ENTITY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. IF AFTER EXHAUSTION OF ALL APPEALS ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF; CLASS, REPRESENTATIVE, COLLECTIVE, AND PRIVATE ATTORNEY GENERAL CLAIMS; AND CONSOLIDATION IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR WITH RESPECT TO A PARTICULAR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR INJUNCTIVE RELIEF), THEN YOU AGREE THAT SUCH A CLAIM OR REQUEST FOR RELIEF SHALL BE DECIDED BY A COURT AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.

Additional Procedures for Mass Arbitration Filings: If twenty-five (25) or more claimants submit Notices or attempt to file demands for arbitration raising similar claims and are represented by the same or coordinated counsel, all of the cases must be resolved in arbitration using the AAA Mass Arbitration Supplementary Rules in stages using staged bellwether proceedings if they are not resolved prior to arbitration as set forth above. The parties agree that the individual resolution of claims in arbitration might be delayed if they elect to pursue claims in connection with twenty-five (25) or more similar claims. In the first stage, the parties shall each select up to fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and resolved individually in accordance with this arbitration provision, with each case assigned to a separate arbitrator unless the parties mutually agree otherwise. During this time, no other cases may be filed in arbitration, and AAA shall not accept or administer arbitrations commenced in violation of this provision. If the parties are unable to resolve the remaining cases after the conclusion of the first stage of bellwether proceedings, each side may then select up to another fifteen (15) cases per side (thirty (30) cases total) to be filed in arbitration and addressed individually in accordance with this arbitration provision. During this second stage, no other cases may be filed in arbitration or accepted or administered by the AAA. This process of staged bellwether proceedings (thirty (30) cases total in each set of bellwether proceedings as outlined above) shall continue until the parties are able to resolve all of the claims, either through arbitration or settlement. If these mass filing procedures apply, any statute of limitations applicable to the claims set forth will be tolled from the time the first cases are selected for bellwether proceedings until a given claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court shall have the authority to enforce this provision and, if necessary, to enjoin the filing or prosecution of arbitrations.

OPTING OUT OF ARBITRATION: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY COMPANY IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST HAD NOTICE OF THESE OFFICIAL RULES CONTAINING AN ARBITRATION PROVISION. THIS IS NOT A NEW OPT OUT RIGHT IF YOU WERE PREVIOUSLY BOUND BY AN ARBITRATION PROVISION. YOUR WRITTEN NOTIFICATION TO COMPANY MUST BE SENT VIA MAIL TO COMPANY, ATTN: CUSTOMER SERVICE DEPARTMENT, 900 ROCKVILLE ROAD, INDIANAPOLIS IN 46214. IT MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH THE RELEASED PARTIES THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR ABILITY TO PURCHASE PRODUCTS. IF YOU HAVE PREVIOUSLY NOTIFIED COMPANY OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN. ANY OPT OUT RECEIVED AFTER THE THIRTY (30) DAY TIME PERIOD WILL NOT BE VALID.

Notwithstanding any provision in these Terms to the contrary, the parties agree that if we make future changes to this arbitration provision, except for changes to the Notice address, you may reject such changes by sending us written notice within thirty (30) days of the change to Company, 61 Broadway, Ste. 2400, New York, NY 10006. This is not an opt-out of arbitration altogether. By rejecting any future changes you are agreeing that you will arbitrate any Dispute in accordance with the language of this provision.

WE BOTH AGREE THAT, WHETHER ANY CLAIM IS IN ARBITRATION OR IN COURT, YOU AND COMPANY BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES BETWEEN US TO THE FULLEST EXTENT PERMITTED BY LAW.

In no event shall any claim, action or proceeding by you related in any way to the Terms be instituted more than one (1) year after the cause of action arose to the fullest extent permitted by law.

If any term or provision of these Terms shall be held or declared to be invalid, illegal or unenforceable for any reason by any rule of law or public policy, such provision shall be severed to the extent invalid or unenforceable and the remaining provisions shall continue in full force and effect. 

These Terms constitute a binding agreement between you and Company, and are accepted by you upon your use of the Site. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.

Please contact us at CS Email with any questions regarding these Terms.

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