PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective date: April 19, 2019
Welcome to CLUB 404! Please read on to learn the rules and restrictions that govern your use of our website(s), products (including purchases thereof), social media channels, services and applications (the “Services”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org.
NOTICE: Please read these Terms carefully. They cover important information about the Services provided to you and any charges, taxes, and fees we may bill to you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of by a court proceeding. These Terms will, with limited exceptions, require that you submit claims you have against CLUB 404 to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group or representative action or proceeding.
Will these Terms ever change?
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the www.club-404.com website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at email@example.com.
Will CLUB 404 ever change the Services?
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice through the Services, by sending you an email, and/or by some other means.
How do I access the Services?
The CLUB 404 website (located at www.club-404.com) is hosted on Shopify, Inc. (“Shopify”). They provide us with the online e-commerce platform that allows us to sell our Services to you. In the event the CLUB 404 website is ever structured such that you are able to create an account in order to purchase and/or use the Services, you may be required to select a password and user name in order to create such an account (“Account Credentials”).
You promise to provide us with accurate, complete, and updated registration information about yourself. You may not create an account, select Account Credentials, or otherwise use the Services using any name, information, account or Account Credentials that you do not have a right to use, or using another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission. You will not share your account or Account Credentials with anyone, and you must protect the security of your account and your Account Credentials. You’re responsible for any activity associated with your account.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, your parent or guardian has agreed to these Terms on your behalf). We may, in our sole discretion, refuse to offer Services to any person or entity and may change the Services’ eligibility criteria at any time. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or Comments (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including CLUB 404’s) rights.
You understand that CLUB 404 owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.
The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online or via social media, email, postal mail, or otherwise (collectively, “Comments”), you agree that such Comments are not confidential, and that your provision of such Comments is without restriction and does not place CLUB 404 under any fiduciary or other obligation. You further agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation to maintain any Comments in confidence, to pay compensation for any Comments, or to respond to any Comments.
Who is responsible for what I see and do on the Services?
Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services.
Further, occasionally there may be information on our Services (including on the CLUB 404 website) that contains typographical errors, inaccuracies, or omissions that may relate to products, descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. CLUB 404 makes no guarantee that such information is error-free, accurate, complete or current, and any reliance on such information is at your own risk.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
CLUB 404 has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, CLUB 404 will not and cannot monitor, verify, censor or edit the content of any third party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that CLUB 404 shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that CLUB 404 is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release CLUB 404, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do 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 or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
How do I purchase products from CLUB 404?
Certain products offered by CLUB 404 may be available online through the Services for purchase. Your placement of an order through the Services constitutes your offer to purchase the items selected by you. CLUB 404 may accept or reject your offer, and your offer is not accepted by CLUB 404 until CLUB 404 or a third party agent, such as Shopify, ships your order to you. These products or services may have limited quantities and are subject to return or exchange only according to our return policy described in these Terms. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Patience is a virtue. For domestic shipments, please allow up to 10 business days for order processing and an additional 7- 10 business days for delivery. All orders are shipped via USPS standard shipping. CLUB 404 supports transparency, so a tracking number will be emailed to you when your shipping label has been created. During peak seasons (such as holidays), please order early to allow time for processing and standard shipping. CLUB 404 loves you.
CLUB 404 currently does not ship to India, Russia, or South America, but we are working on adding more countries to the club in the future. International shipments are subject to additional duties, taxes, and other customs fees, which are your responsibility only. We are also not responsible for any tariffs or custom fees. Please allow at least 4- 6 weeks for international orders to be delivered.
We are not responsible for any lost, stolen, or damaged packages once the package has been shipped. Any delivery estimates we provide (here or elsewhere) are just that – estimates only. We cannot guarantee delivery dates.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our Services. We can’t guarantee that your device’s display of any color will be an accurate depiction of the color of our products. Further, we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on our Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order or your order has been confirmed). In the event a product ordered is no longer available, not available at the advertised price, or if the price has increased, CLUB 404 may decline your offer or may contact you to confirm whether you would like to continue with your purchase given the new availability and pricing information.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on our Services is void where prohibited.
Do the Services cost anything?
Paid Services; Products. Certain of our Services, including the products we offer on the Club 404 website, may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of completing an order with us are deemed part of these Terms. Prices are subject to change at any time. Sales tax will be determined by the shipping address of the order and will automatically be added to the order. CLUB 404 is required by law to apply sales tax to orders to certain states. Risk of loss and title for products purchased from CLUB 404 pass to you upon delivery of such products to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through Shopify, do not receive payment from you, you agree to pay all amounts that are noted to be due on your Billing Account upon demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR SHOPIFY IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT firstname.lastname@example.org. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE WILL NOT SHIP ANY CLUB 404 PRODUCTS TO YOU.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Promotions. CLUB 404 may, in its sole discretion, offer promotional codes from time to time (“CLUB 404 Promos”) that may be redeemed for discounts on future orders through the Services. The following terms shall apply to CLUB 404 Promos: (i) CLUB 404 Promos must be used in a lawful manner; (ii) CLUB 404 Promos may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by CLUB 404, except that you may post your unique referral link, if applicable, to your own personal social media pages; (iii) CLUB 404 Promos may be disabled by CLUB 404 at any time for any reason without liability to CLUB 404; (iv) CLUB 404 Promos may only be used pursuant to the specific terms that CLUB 404 establishes for such CLUB 404 Promos; (v) CLUB 404 Promos are not cash and are not redeemable for cash; (vi) CLUB 404 Promos cannot be combined with cash; (vii) CLUB 404 Promos are redeemable only with online payments; (viii) expiration dates or other terms may apply to CLUB 404 Promos not purchased directly by a consumer; (ix) CLUB 404 is not responsible for any lost or stolen CLUB 404 Promos or use without your permission; and (x) there are no implied warranties for CLUB 404 Promos. Invalid or unidentifiable CLUB 404 Promos will not be redeemed. You also agree that we may deactivate, cancel or suspend any CLUB 404 Promos if we suspect fraud, unlawful activity or improper CLUB 404 Promo use. CLUB 404 Promos terms and conditions are subject to change without notice. You also understand that CLUB 404 Promos must be used within the time period specified if not purchased CLUB 404 Promos, and therefore CLUB 404 Promos may expire prior to your use.
What if I want to stop using the Services?
CLUB 404 is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. CLUB 404 has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
We may provide advance notice to you prior to our terminating your account , but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of CLUB 404.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
What about returns or exchanges of any products I purchase from CLUB 404?
All sales are final, because CLUB 404 stans commitment. No returns, exchanges, cancellations, or refunds.
Certain jurisdictions may provide additional statutory rights. Nothing herein is meant to limit your return or cancellation rights under applicable local law.
What else do I need to know?
Warranty Disclaimer. Neither CLUB 404 nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Company or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). THE SERVICES AND CONTENT ARE PROVIDED BY CLUB 404 (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL CLUB 404 (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You agree to indemnify and hold CLUB 404, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without CLUB 404’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration. PLEASE READ THE FOLLOWING ARBITRATION PROVISIONS CAREFULLY. IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CLUB 404 AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. Both you and CLUB 404 acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, CLUB 404’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CLUB 404 ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
(a) Arbitration Rules; Applicability. Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in Los Angeles County, California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.
(b) Costs of Arbitration. The JAMS rules will govern payment of all arbitration fees. CLUB 404 will pay all arbitration fees for claims less than $10,000. CLUB 404 will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
(c) Small Claims Court. Furthermore, either you or CLUB 404 may assert claims, if they qualify, in small claims court in Los Angeles County, California or any United States county where you live or work.
(d) Waiver of Jury Trial. YOU AND CLUB 404 WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and CLUB 404 are instead choosing 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 CLUB 404 over whether to vacate or enforce an arbitration award, YOU AND CLUB 404 WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
(e) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
(f) Opt-out. You have the right to opt out of the provisions of this section by sending written notice of your decision to opt out either by email at email@example.com or by mail, postmarked within 30 days of first accepting these Terms to the following address: firstname.lastname@example.org. Your notice (whether submitted via email or via mail) must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration provision.
(g) Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration provision permits either you or CLUB 404 to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration provision will not apply to either party and both you and CLUB 404 agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Los Angeles County, California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that CLUB 404 may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and CLUB 404 agree that these Terms are the complete and exclusive statement of the mutual understanding between you and CLUB 404, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of CLUB 404, and you do not have any authority of any kind to bind CLUB 404 in any respect whatsoever. Except as expressly set forth in the section above regarding arbitration, you and CLUB 404 agree there are no third party beneficiaries intended under these Terms.