Returns & Exchanges
Returns and exchanges must be made within 30 days of your order date.
We will try to process your return or exchange within 7 business days after we receive your returned item(s). Please allow for a full billing cycle for your refund to appear on your credit card statement.
Condition of Item
Items must be unworn and in good condition, as when the order first arrived to you.
An item can be exchanged for another size of the item that you received.
Your original shipping cost cannot be refunded.
If the return or exchange is a result of our error or if the item arrived damaged to you, we will refund you the shipping cost to return the item to us. If we are sending a replacement item to you, we will cover the shipping cost of sending the replacement item to you.
No refunds will be given without your confirmation email receipt.
We will refund you against the original method of payment as soon as we receive your returned item(s).
Making a Request for Return or Exchange
To request a return or exchange, please contact Customer Service at info@CLOZTALK.com.
- We accept American Express, Discover, MasterCard, Visa, PayPal, and Shop Pay. Of course, we also accept CLOZTALK® gift cards! Sorry, we do not accept money orders or C.O.D.’s.
- Orders usually ship within two to three days, excluding United States holidays and weekends. Delivery is possible on any weekday or Saturday, but not on Sunday.
- All orders ship through UPS Ground.
- At checkout, UPS displays the expected number of business days for UPS to deliver the package to you after our fulfillment is completed. This estimation by UPS pertains to the number of shipment days, not the number of days from your order to delivery.
- We deliver to all 50 states (including Alaska and Hawaii) and the US territories.
- Sorry, we cannot ship to PO Boxes.
- Shipping charges will be displayed at checkout. The charges are based on the dimensions and weight of your selected item(s), as well as the recipient's location.
Track Your Order
- You will be provided with the UPS tracking number once your order ships.
- All orders shipped will be subject to applicable sales tax in accordance with state law.
- We will ship your package to the address you provide at checkout. In the event that an order is returned as undeliverable, we will send you an email notifying you of the return and will issue a refund for the order, less shipping charges and return fees.
Making Changes to Your Order
- Orders that have already shipped cannot be changed.
- If your order has not shipped, you can request changes by contacting Customer Service at info@CLOZTALK.com.
Version Date: July 29, 2021
INFORMATION COLLECTION AND USE
We may collect information submitted by users, information received on the basis of users’ visits to, interactions with, and activities on our Site, and other information provided by third-party vendors. We may use various technologies (e.g., cookies) on our Site to collect information about your device and about your activities on our Site, including which pages of our Site that you visit.
Personal Data Collected Through User Submissions
“Personal Data" includes information that personally identifies you, such as your name, your mailing address, your email address, your phone number, your credit-card information, etc. We collect and store Personal Data that you submit to us, including via registration or purchase activities. We use Personal Data for our operational and commercial purposes, including to process your order, to send order and shipping confirmations to you, and to send marketing information about our products that may be of interest to you.
You are under no obligation to provide us with Personal Data, but your refusal to do so may prevent you from using certain features of our Site, such as the e-commerce portion.
Usage Data Collected Through User Visits, Interactions, And Activities
Cookies and Tracking Data
Cookies are files with a small amount of data that may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Cookies can be divided into two different types: session and persistent. Session cookies are typically deleted when you close your browser. Persistent cookies, in contrast, remain stored on your computer after you close your browser until they are deleted either because they expire or you delete them.
Cookies are often used in conjunction with other technologies, such as beacons, tags, and scripts, to understand online behavior, to collect and track information, and to improve and analyze our Site experience.
None of these cookies is strictly necessary to access our Site. You may set your browser to refuse all cookies or to indicate when a cookie is being set. However, if you do not accept cookies, parts of our Site may function differently and you may not be able to use some portions or features of our Site. For more information about how to manage your cookies and your cookie preferences, please use the “help” menu of your web browser or explore the customer support sections of your web browser. To “opt out” of Tailored Advertising, please see the “Your Rights And Choices” section below.
We also collect certain additional passive tracking data concerning your device and how you access and use our Site ("Usage Data"). This Usage Data includes information such as your computer's Internet Protocol ("IP") address, browser type, and browser version, as well as the pages of our Site that you visit, the times and dates of your visits, the time spent on, and interactions with, those pages, location data, and diagnostic data. You can enable or disable location services when you use our Site at any time, through your device settings.
CLOZTALK may use third-party technology providers to monitor and analyze the use of our Site. This includes Google Analytics, which is a web analytics service offered by Google that tracks and reports website traffic, including demographics and interests. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/.
Your Rights And Choices
Unsubscribe/Right To Withdraw/Revoke Consent
If you do not want us to contact you or send you information by email, postal mail and/or telephone, or if you would like to change any of the information that you have previously provided to us, please let us know by emailing us at info@CLOZTALK.com. You may also unsubscribe from receiving our newsletters, marketing, and promotional materials by following the unsubscribe link in our marketing and promotional emails or the instructions provided in any other communication we send.
Opt-Out/Right to Withdraw/Revoke Consent
You may refuse or remove persistent targeting cookies by:
- “Opting out” of “interest-based advertising”/“online behavioral advertising”/Tailored Advertising via third-party advertising cookies at the following websites:
- Adjusting your browser settings to refuse or remove cookies.
You may opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout/.
You can learn more about Google’s ad personalization mechanism, including your choice to opt-out, here: https://adssettings.google.com/u/0/authenticated?hl=en
Please note that there may be a slight delay between your unsubscribing and/or Matched Ads email opt-out elections and the processing of such elections. Please also note that we are not responsible for third parties’ failure to comply with opt-out instructions.
Use Of Collected Data
We use the information we collect for our operational and commercial purposes, including:
- Product, service, and contract fulfillment (including to manage, perform, and administer our contracts)
- Customer support (including to manage and administer our relationships with our customers and potential customers, and to maintain and improve the experiences of our customers and potential customers)
- Quality assurance and supply chain management (including to assist in buying decisions)
- Site performance and administration (including to measure the number of visitors to different sections and pages of our Site, to determine how best to enhance the usability and performance of our Site, and to detect and prevent fraud)
- Marketing and advertising (to send marketing information about our products and services to consumers, and to engage in advertising, including Tailored Advertising)
- Other communications with customers
- Internal financial, employment, and administrative purposes
- Compliance with legal/regulatory obligations
Retention Of Personal Information
CLOZTALK will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Site, or we are legally obligated to retain this data for longer time periods.
Transfer Of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country, or other governmental jurisdiction, in jurisdictions where the data protection laws may differ than those from your jurisdiction.
If you are located outside of the United States and provide information to us, please note that such information, including personal data, may be sent to, and processed in, the United States and/or other countries. By providing us with your personal data, you consent to such transfers to and subsequent processing in such countries (including the United States), which your country may not consider to provide for adequate privacy protections. You may withdraw your consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
Sharing And Disclosure Of Data
We may share your information with our authorized service providers that perform certain services on our behalf. These services may include fulfilling orders, processing payments, providing customer service and marketing assistance, performing business and sales analysis, supporting our Site functionality and supporting other features offered through our Site, and providing advertising and marketing services (including delivering Tailored Advertising and email marketing campaigns, and analyzing and improving the effectiveness of our advertising and marketing). These service providers may have access to personal information needed to perform their functions and are generally not permitted to share or use non-aggregated personal information for any other purposes. In addition, we may share your personal information with third-party advertising, marketing, and data service companies in connection with our use of their data cooperative and data enrichment, verification, and analytics products and services, which sharing may constitute a “sale” under the California Consumer Privacy Act (CCPA).
Disclosure for Law Enforcement or Legal Requirements
Under certain circumstances, CLOZTALK may be required to disclose your information if required to do so by law or in response to valid requests by public authorities, such as a court or government agency. CLOZTALK will disclose your information in the good faith belief that such action is necessary to:
- To comply with a legal obligation
- To protect and defend the rights or property of CLOZTALK
- To prevent or investigate possible wrongdoing in connection with our Site
- To protect the personal safety of users of our Site or the public
- To protect against legal liability
Security Of Data
"Do Not Track" Signals
Do Not Track (DNT) is a preference that you can set in your web browser. Please note that we do not alter our Site’s data collection and use practices when we see a DNT signal from your browser.
Links To Third-Party Websites And Third-Party Features
Liking, Sharing, and Logging-In. We may embed a pixel or other technology on our Site that allows you to “like” or “share” content on, or log in to our Site, through third-party services, including social networks such as Facebook. If you choose to engage with such a third-party service through our Site, we may collect any information you have authorized the third-party service to share with us (such as your user ID, billing information, public profile information, email address, birthday, friends list, and other account and profile data). Likewise, if you choose to engage with such a third-party service through our Site or visit our Site while logged in to that third-party service on your device or through our Site, the third party may receive information about your activities on our Site and be able to associate that information with information the third party already has about you.
Our Site is not intended for children, and we do not sell products for purchase by children. Our children's products are intended for purchase by adults. Minors (generally, children under the age of 18) may use our Site only with the involvement and permission of a parent or guardian. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian. If you are a parent or guardian and you believe that your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from children without verification of parental consent, we will take steps to remove that personal information from our servers.
TERMS AND CONDITIONS AGREEMENT
Version: July 31, 2021
This Terms and Conditions Agreement (“Agreement”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”) and CLOZTALK, LLC and its related or affiliated companies (collectively, “CLOZTALK” or “Company” or “we” or “us” or “our”), concerning your access to and use of the www.CLOZTALK.com website as well as any other media form, media channel, social media, social media site, mobile website, or mobile application related or connected thereto (collectively, the “Site”). The Site provides charity-branded apparel for sale (“CLOZTALK Services”). Supplemental terms and conditions, or new services, features or documents that may be posted or made available on the Site from time to time, are hereby expressly incorporated into this Agreement.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY USING THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT CLOZTALK MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE SITE OR CLOZTALK SERVICES.
CLOZTALK makes no representation that the Site is appropriate or available in other locations other than where it is operated by CLOZTALK. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject CLOZTALK to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) are not allowed to use or access the Site or use the CLOZTALK Services without the involvement and permission of a parent or guardian. CLOZTALK does not sell apparel items for purchase by minors. A parent or guardian who authorizes a minor to use the Site is fully responsible for the minor’s online conduct and any consequences of misuse by the minor. You agree that CLOZTALK has no obligation to monitor the content accessible on or through the Site.
CLOZTALK bills you through an online billing account for purchases of products and/or services. You agree to pay CLOZTALK all charges at the prices then in effect for the products you or other persons using your billing account may purchase, and you authorize CLOZTALK to charge your chosen payment provider for any such purchases. You agree to make payment using that selected payment method. CLOZTALK reserves the right to correct any errors or mistakes in pricing that it makes even if it has already requested or received payment. Sales tax will be added to the sales price of purchases as deemed required by CLOZTALK. CLOZTALK may change prices at any time. All payments shall be in U.S. dollars.
Regarding Your Registration
By using the CLOZTALK Services, you represent and warrant that:
- All registration information you submit is truthful, complete, and accurate;
- You will timely maintain the truthfulness, completeness, and accuracy of such information;
- You will keep your password confidential and will be responsible for all use of your password and account;
- You are not a minor in the jurisdiction in which you reside, or if a minor, you have received permission from a parent or guardian to use the Site; and
- Your use of the CLOZTALK Services does not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or CLOZTALK has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CLOZTALK has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We reserve the right to remove, reclaim, or change a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a user name that does not closely relate to a user's actual name.
GUIDELINES FOR USER CONTENT
The Site may provide you the opportunity to voluntarily post or submit reviews, comments, text, artwork, photographs, videos, music, etc. in publicly viewable areas on the Site (collectively, “User Content”). User Content is publicly viewable, and there is no obligation on CLOZTALK to maintain User Content in confidence. You understand that you are solely responsible for your User Content and that you voluntarily post your User Content at your own risk. CLOZTALK has absolutely no obligation to screen User Content or to delete User Content, even if anyone considers the User Content to be objectionable or inaccurate. CLOZTALK may accept, reject, or remove any User Content in its sole discretion at any time, for any reason, without notice.
Those persons posting User Content agree to comply with the following criteria:
- User has firsthand experience with what is being reviewed or commented upon;
- User Content is non-confidential;
- User Content does not contain: language that is offensive, profane, abusive, objectionable, harassing, embarassing, deceitful, annoying, inflammatory, unlawful, libelous, racist, or hateful; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity;
- User Content is not affiliated with competitors if posting negative User Content;
- User Content does not make any conclusions as to the legality of conduct;
- User Content is not made in breach of a legal duty, such as a contractual duty or duty of confidence;
- User Content does not contain corrupted data, viruses, or other harmful, disruptive, or destructive files;
- User Content does not appear to be the creation of or originate from CLOZTALK;
- User owns all rights, title, and interest in and to the User Content or has all rights, licenses consents, releases, and permissions to post or submit the User Content;
- User is 18 years old or older;
- User Content will not give rise to any claims for payment against CLOZTALK including, but not limited to, claims for royalties or residual fees;
- User Content does not include false statements and is not misleading or harmful in any way; and
- User Content does not violate this Agreement or any applicable law, rule, or regulation.
User Content is not endorsed by CLOZTALK, and does not represent the views of CLOZTALK or of any affiliate or partner of CLOZTALK. CLOZTALK does not assume liability for any User Content or for any claims, liabilities, or losses resulting from any User Content.
By posting or submitting User Content, you hereby grant to CLOZTALK a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, irrevocable, assignable right and fully sublicensable license to reproduce, modify, broadcast, translate, publish, disclose, edit, store, transmit by any means, display, perform and/or distribute all content, original or derivative, in whole or in part, of or related to the User Content for any purpose, including but not limited to commercial, advertising, publicity, promotional, or marketing purposes. You expressly consent that CLOZTALK may use your name, image, likeness, and persona in connection with your User Content, and you hereby release CLOZTALK and any person acting under CLOZTALK’s authority or permission from any liability, claim, judgment, damage, loss, cost, and expense (including reasonable attorneys’ fees) relating to CLOZTALK’s use of User Content or your name, image, likeness, or persona. You also expressly consent that damage, if any, from any alleged claim relating to or arising out of CLOZTALK’s use of User Content will not be irreparable or otherwise sufficient for you to seek or be entitled to injunctive relief or other equitable relief, and your rights and remedies shall be strictly limited to the right to recover damages, if any.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the CLOZTALK Services ("Submissions") provided by you to CLOZTALK are non-confidential and CLOZTALK (as well as any designee of CLOZTALK) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You may not access or use the Site for any other purpose other than that for which CLOZTALK makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by CLOZTALK. Prohibited activity includes, but is not limited to:
- Attempting to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- Attempting to impersonate another user or person or using the user name of another user;
- Criminal or tortious activity;
- Deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
- Deleting the copyright or other proprietary rights notice from any Site content;
- Engaging in any automated use of the system, such as using any data mining, robots, or similar data gathering and extraction tools;
- Except as may be the result of standard search engine or Internet browser usage, using or launching, developing or distributing any automated system, including, without limitation, any spider, robot (or "bot"), cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
- Harassing, annoying, intimidating, or threatening any CLOZTALK personnel or agents engaged in providing any portion of the CLOZTALK Services to you;
- Interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
- Making any unauthorized use of the CLOZTALK Services, including collecting user names and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- Selling or otherwise transferring your profile;
- Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from CLOZTALK;
- Tricking, defrauding, or misleading CLOZTALK and other users, especially in any attempt to learn sensitive account information such as passwords;
- Using any information obtained from the Site in order to harass, abuse, or harm another person;
- Using the CLOZTALK Services as part of any effort to compete with CLOZTALK or to provide services as a service bureau; or
- Using the Site in a manner that is inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Site, including but not limited to the trademarks, service marks, and logos contained therein (“CLOZTALK Content”), is owned by or licensed to CLOZTALK, and is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. CLOZTALK Content, includes, without limitation, all source code, databases, functionality, software, website designs, artwork, logos, page headers, button icons, audio, video, text, photographs, illustrations, scripts, service names, and graphics. All CLOZTALK Content is registered as trademarks, common law trademarks, or trade dress of CLOZTALK in the United States and/or other countries. CLOZTALK's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CLOZTALK. The entire CLOZTALK Content is copyrighted as a collective work under U.S. copyright laws, and CLOZTALK owns a copyright in the selection, coordination, arrangement, and enhancement of the CLOZTALK Content.
CLOZTALK Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, modified, altered, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the CLOZTALK Content and to download or print a copy of any portion of the CLOZTALK Content to which you have properly gained access solely for your personal, non-commercial use. No right, title, or interest in any of the downloaded or printed materials is transferred to you as a result of any such downloading or printing. CLOZTALK reserves complete intellectual property rights, title, and interest in any of the CLOZTALK Content that you download or print from the Site. CLOZTALK reserves all rights not expressly granted to you in and to the Site and CLOZTALK Content.
CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with applicable law. We will remove any infringing materials from the Site, and, in appropriate circumstances, we will disable or terminate accounts of repeat infringers according to applicable laws.
If you believe that any material on the Site infringes upon any copyright or trademark that you own or control, please immediately notify CLOZTALK at:
200 West Second Street #675
Royal Oak, MI 48068
In your notification, please provide CLOZTALK with the following information, according to applicable laws:
- Identification of the trademark or copyrighted work that you claim to have been infringed;
- Identification of the allegedly infringing material on Site that you request to be removed;
- Your name, physical address, phone number, and email;
- A good-faith statement that you believe the use of the trademark or copyrighted work is not authorized;
- A statement that your notification is accurate and that you are authorized to act on behalf of the intellectual property owner’s right that is allegedly being infringed; and
- A physical or electronic signature of the intellectual property owner or an agent authorized to act on the owner’s behalf to assert infringement and to submit the statement.
If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred as the result of our reliance on your misrepresentation in removing or disabling access to such material.
THIRD PARTY WEBSITES AND CONTENT
The Site contains links to other websites (“Third Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Websites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by CLOZTALK, and we are not responsible for any Third Party Websites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Websites or the Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Website or any Third Party Content does not imply approval or endorsement thereof by CLOZTALK. If you decide to leave the Site and access the Third Party Websites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Websites will be through other websites and from other companies, and CLOZTALK takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
CLOZTALK reserves the right but does not have the obligation to:
- Monitor the Site for violations of this Agreement;
- Take appropriate legal action against anyone who, in CLOZTALK’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- Refuse, restrict, or disable access or availability to the Site of, to the extent technologically feasible and in CLOZTALK’S sole discretion without limitation, notice or liability, any user’s contribution or any portion thereof that may violate this Agreement or any CLOZTALK policy;
- Remove from the Site or otherwise disable, in CLOZTALK’S sole discretion and without limitation, notice or liability, all files and content that are excessive in size or are in any way burdensome to CLOZTALK’S systems; or
- Otherwise manage the Site in a manner designed to protect the rights and property of CLOZTALK and others and to facilitate the proper functioning of the Site.
We care about your security and take reasonable and appropriate steps to protect the security of our systems and the data we collect. However, you acknowledge and agree that: (1) no method of transmission over the Internet or electronic storage or transmission is 100% secure, and (2) although we use industry professional security measures, we make no guarantee regarding the security of our systems or the data we collect.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Site or are otherwise a user or member of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us using the contact information below.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, CLOZTALK RESERVES THE RIGHT TO, IN CLOZTALK’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE CLOZTALK SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND CLOZTALK MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE CLOZTALK SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING AND IN CLOZTALK’S SOLE DISCRETION.
If CLOZTALK terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, CLOZTALK reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.
CLOZTALK reserves the right to revise or modify this Agreement at any time without prior notice. Such changes to this Agreement will be posted on the Site and revisions will be indicated by date. You agree to be bound by and follow this Agreement as changed when you use the Site or CLOZTALK Services following any such changes. You agree that you will periodically check the Site for updates or modifications to this Agreement.
CLOZTALK reserves the right at any time to modify or discontinue, temporarily or permanently, the CLOZTALK Services (or any part thereof) with or without notice. You agree that CLOZTALK shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the CLOZTALK Services.
If there is a dispute between users of the Site, or between users and any third party, you understand and agree that CLOZTALK is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release CLOZTALK, its officers, managers, members, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the CLOZTALK Services.
- Governing Law; Jurisdiction. This Agreement and all aspects of the Site and CLOZTALK Services shall be governed by and construed in accordance with the internal laws of the State of Delaware, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the appropriate state and federal courts located in the State of Delaware, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement. In no event shall any claim, action, or proceeding by you related in any way to the Site or CLOZTALK Services be instituted more than one (1) year after the cause of action arose.
- Informal Resolution. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement ("Dispute"), you and CLOZTALK agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other.
- Binding Arbitration. If you and CLOZTALK are unable to resolve a Dispute through informal negotiations, either you or CLOZTALK may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in the State of Delaware. To the fullest extent permitted by applicable laws, rules, and regulations: (1) any evidentiary submission(s) made in arbitration shall be maintained as confidential in the absence of good cause for its disclosure, and (2) you and CLOZTALK agree not to disclose the contents of the arbitrator’s decision(s) to any third party, except as required by law, rule, or regulation, or for the purposes of enforcement or appeal of the arbitration decision. Except as otherwise provided in this Agreement, you and CLOZTALK may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
- Restrictions. You and CLOZTALK agree that any arbitration shall be limited to the Dispute between CLOZTALK and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
- Exceptions to Informal Negotiations and Arbitration. You and CLOZTALK agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of any of your or CLOZTALK’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor CLOZTALK will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and CLOZTALK agree to submit to the personal jurisdiction of that court.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, availability, and various other information. CLOZTALK reserves the right to correct any errors, inaccuracies, or omissions and to revise or update the information on the Site at any time (including after you have submitted your order) without prior notice.
CLOZTALK cannot control the nature of all of the content available on the Site. By operating the Site, CLOZTALK does not represent or imply that CLOZTALK endorses any blogs, contributions, or other content available on or linked to by the Site, including, without limitation, content hosted on third party websites or provided by third party applications, or that CLOZTALK believes contributions, blogs, or other content to be accurate, useful, or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Site or in connection with any contributions. CLOZTALK is not responsible for the conduct, whether online or offline, of any user of the Site or CLOZTALK Services.
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LIMITATIONS OF LIABILITY
IN NO EVENT SHALL CLOZTALK OR ITS MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR CLOZTALK SERVICES, EVEN IF CLOZTALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CLOZTALK’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CLOZTALK FOR THE CLOZTALK SERVICES DURING THE PERIOD OF ONE (1) YEAR PRIOR TO ANY CAUSE OF ACTION ARISING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
You agree to defend, indemnify and hold CLOZTALK, its subsidiaries and affiliates, and their respective officers, managers, members, agents, partners and employees, harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your contributed content, use of the CLOZTALK Services, and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. Notwithstanding the foregoing, CLOZTALK reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CLOZTALK, and you agree to cooperate, at your expense, with CLOZTALK’s defense of such claims. CLOZTALK will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it.
Except as explicitly stated otherwise, any notices given to CLOZTALK shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid. We may also choose to send notices by regular mail.
The Site will maintain certain data that you transfer to the Site for the purpose of the performance of the CLOZTALK Services, as well as data relating to your use of the CLOZTALK Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the CLOZTALK Services. You agree that CLOZTALK shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against CLOZTALK arising from any such loss or corruption of such data.
Your use of the CLOZTALK Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE CLOZTALK SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
This Agreement constitutes the entire agreement between you and CLOZTALK regarding the use of the CLOZTALK Services. The failure of CLOZTALK to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This Agreement and your account may not be assigned by you without our express written consent. CLOZTALK may assign any or all of its rights and obligations to others at any time. CLOZTALK shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond CLOZTALK's reasonable control. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and CLOZTALK as a result of this Agreement or use of the Site and CLOZTALK Services. Upon CLOZTALK’s request, you will furnish CLOZTALK any documentation, substantiation, or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against CLOZTALK by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
In order to resolve a complaint regarding the CLOZTALK Services or to receive further information regarding use of the CLOZTALK Services, please contact CLOZTALK as set forth below.
200 West Second Street #675
Royal Oak, MI 48068
What is CLOZTALK®?
CLOZTALK is a national directory of vetted 501(c) nonprofits that are helping to make the world a better place. Our nonprofit partners cover a wide variety of categories, from animals to homelessness to arts. CLOZTALK partners with these nonprofits by making high-quality, charity-branded apparel for them (t-shirts, track jackets, hoodies, caps, etc.). We build a webstore for each nonprofit that contains important information about the nonprofit and apparel for sale. This is all at NO cost to the nonprofits! We believe that when someone wears a nonprofit's gear, that person becomes a positive ambassador for the nonprofit just by walking around town. Clothes can "talk," spark conversations, and raise awareness for that nonprofit!
How did the idea for CLOZTALK® come about?
CLOZTALK came about because of our experience building Imerman Angels (IA), an international one-on-one cancer-support organization that matches someone fighting cancer with someone who has survived the same type of cancer. Imerman Angels started with just a few supporters wearing high-quality, black-and-white IA t-shirts in downtown Chicago. People on the streets often stopped them and asked: What is Imerman Angels? The word began to spread, and the community began to grow. We quickly realized the power of apparel to spark conversations and brand a mission. Imerman Angels is now in all 50 states and more than 90 countries. We aim to build awareness for other nonprofits just like we did for Imerman Angels.
Why is there a need for CLOZTALK®?
Nonprofits are usually awesome at delivering a service or program to those in need. But generally, they are not branding, promotional, and design experts. That’s why CLOZTALK exists! We design high-quality, comfortable apparel that helps build and promote the brand of each nonprofit. A solid brand awareness can attract everything that a nonprofit needs: people who benefit from its programs, volunteers, donors, company sponsors, future board members, future employees, and ambassadors who spread more awareness. Long-term branding is our top goal.
What does CLOZTALK® do?
CLOZTALK handles all of the logistics, so the nonprofit can devote its limited time and staff to serve its mission and not get stuck handling apparel. CLOZTALK makes high-quality, contemporary apparel for the nonprofits ... at NO cost to the nonprofits. We build the nonprofit's webstore, take the orders, fulfill the orders, ship the orders, and handle customer service. All of the apparel is custom-made on demand, which means there is no inventory for the nonprofit or for CLOZTALK. No more unsold, dated event gear stuffed in a back closet at the nonprofit's office!
Does a nonprofit have to be a 501(c) to become a CLOZTALK® nonprofit partner?
Yes, all of the nonprofits are 501(c) nonprofit organizations. This means that each nonprofit has been vetted and approved by the federal government under the United States Tax Code. Each nonprofit must adhere to government regulations and submit financial records every year to maintain its 501(c) status in good standing.
What does CLOZTALK® require of the nonprofits?
Nothing! The only thing we ask is for the nonprofits to approve the apparel designs that we create to help grow and build their brand. We don’t ask them for money, time, or promotion. We understand that they are busy working on their programs and helping others. We don’t want to distract them. They have limited resources and are often understaffed. We want them focusing on their missions!
Why don’t I just buy the apparel directly from the nonprofit?
Nonprofits often aren’t experts in designing and selling hip gear. Sometimes they don’t sell apparel at all. We want to take this project off their plate. So they can focus their time and limited resources on their mission and doing social good, not on running an apparel business. Our ambitious pace and spirited approach will grow a nonprofit’s brand faster than it could on its own. And it doesn’t cost the nonprofits a cent!
Does CLOZTALK donate funds to its nonprofit partners now?
No. Unfortunately, right now, CLOZTALK loses money every year and has not yet made a profit. So, CLOZTALK is unable to donate at this time. However, we believe -- this is not a guarantee -- that in the next 1.5 to 2 years, CLOZTALK can break even and become a sustainable for-impact company. We're confident we can get there! CLOZTALK spends about $120 to onboard each nonprofit, and our other expenses include making the apparel, fulfilling the orders, operating the website, etc. CLOZTALK does not pay salaries -- nor have we ever taken salaries -- to keep the costs as low as possible. Note that CLOZTALK puts in writing that it will donate 20% of net profits to its nonprofit partners after it breaks even and there are profits to distribute. The team is determined to get to profitability and to donate to its nonprofit partners as soon as possible. In the meantime, and always, our nonprofit partners receive free marketing and promotion.
When someone places an order, you email information about that specific nonprofit to the customer. Why?
We want every person to understand the mission of that nonprofit. So we send an email that includes some important facts about the nonprofit: mission statement, headquarters location, reach, founded date, website, and contact information. People can then speak in an informed and articulate way about the nonprofit and its mission. That customer is now a positive ambassador for the nonprofit and volunteering just by walking around town. This is the start of the ripple effect that raises awareness across a community.
How long does it take for a nonprofit to become a CLOZTALK® nonprofit partner?
A nonprofit first fills out the online application on the Nonprofit Application page of this website. The nonprofit will then receive a one-page Nonprofit Partner Agreement that is emailed to it. The nonprofit signs the agreement. Next, CLOZTALK reviews the application. If the nonprofit is accepted as a nonprofit partner, CLOZTALK signs the Nonprofit Partner Agreement and the onboarding process begins! The onboarding process takes about one month. During that time, we design your apparel and webstore, create your information emails to be sent to customers, and upload your nonprofit information to the CLOZTALK website!
Does a nonprofit need to sign an agreement in order to become a CLOZTALK® nonprofit partner?
Yes, each nonprofit signs a Nonprofit Partner Agreement with CLOZTALK. The agreement is one page. The nonprofit gives permission to CLOZTALK to use its name and logo for the apparel. The agreement states that the nonprofit is not obligated to pay or promote CLOZTALK in any way at any time. In other words, CLOZTALK never asks anything of the nonprofit except permission to use its name and logo. The agreement allows the nonprofit to terminate the partnership at any time and for any reason, at no penalty ever. The agreement also requires CLOZTALK to donate 20% of net profits to the nonprofits based on each nonprofit's pro rata share of total sales for that year.
Can I see the Nonprofit Partner Agreement that is emailed to the nonprofits after they complete the online application?
Sure, take a look! Just click here. We are transparent. Just remember, the real Nonprofit Partner Agreement (which looks just like this one) will be emailed to the nonprofit, and the nonprofit must sign it electronically. This way we can better keep track of all our awesome nonprofit partners!
Who creates the designs?
CLOZTALK uses the nonprofit's existing logo and creates the apparel designs. The only thing each nonprofit has to do is approve our designs. We never proceed without the nonprofit's approval. We want each nonprofit to stay focused on what they do best: delivering a mission that makes the world a better place!
What if the nonprofit already has its own apparel or its own webstore?
No problem at all! CLOZTALK only adds to an organization's offerings, never subtracts. We are not exclusive, so the CLOZTALK line of apparel is just an additional offering that is separate from the organization's existing apparel. We hope both webstores sell as much as possible! CLOZTALK has no requirement of exclusivity. CLOZTALK is just another channel for the organization to sell its apparel and therefore to raise more awareness. We never require an organization to change anything that it is already doing.
Why does CLOZTALK offer only black-and-white apparel?
We offer black-and-white (and a few gray-and-white) items based on more than a decade of working with nonprofit apparel. Through our experience building Imerman Angels, talks with everyday people, and discussions with branding experts, we have found that black-and-white apparel appeals to the most people, is considered to be the most fashionable, and most importantly, is worn to the most places. While colored clothing may be popular to wear at a nonprofit's 5K, which is great, it is often not worn beyond that event. This is a missed opportunity to spread the word for that nonprofit. We believe nonprofit apparel must be cool, so that people wear their charity gear to the grocery store, at the gym, around town, out in the evenings, and so on. We also don't want anything to detract from the clarity of the nonprofit's name and logo, so we make apparel with no colors, no taglines, and no other distractions. Black-and-white fits with our "less is more" approach to quickly get people's attention with a cool, bold look that makes an impact and sparks a conversation! That is the essence of CLOZTALK: clothes are the key to raising awareness about amazing causes in our communities.
Does CLOZTALK offer bulk order pricing?
Yes. We offer bulk order pricing to any nonprofit partner or customer, based on the order price (excluding sales tax). There is no discount for orders up to $5,000. If your order totals $5,000 to $7,000, you get a 3% discount. If your order totals $7,000 to $10,000, you get a 5% discount. If your order totals $10,000+, you get a 7% discount. We also offer bulk pricing for any t-shirt or tank top orders of 100 units or more. We are able to offer this 100+ unit special pricing because we pass along our price breaks directly to the customer. Please contact us directly for 100+ unit orders of t-shirts and tank tops. We do not receive price breaks on the other items (embroidered items), so we are unable to offer bulk pricing for those items. All bulk orders receive free shipping to one recipient address.
What does the word "nonprofit" mean?
A nonprofit is an organization that is not conducted or maintained for the purpose of making a profit and, as presented in its mission statement, provides help to those in need or furthers a particular social cause. All of our nonprofit partners are 501(c) nonprofits, which means that each nonprofit has been vetted and approved by the federal government under the United States Tax Code. Each nonprofit must adhere to government regulations and submit financial records every year to maintain its 501(c) status in good standing.
Is CLOZTALK® a for-profit company?
Yes. CLOZTALK is a for-profit, social impact company. A social enterprise is a venture that uses business strategy to achieve its central mission of improving human or environmental wellbeing. CLOZTALK -- not the nonprofits -- takes on all of the business risk. The nonprofits have nothing to lose, and only brand awareness and donations to gain. At CLOZTALK, our positive social impact is as important to our bottom line as any potential profit.
How does a nonprofit sign up to partner with CLOZTALK®?
Please go to our Nonprofit Application link, fill out your information, and click submit. You can also email us at info@CLOZTALK.com. Thank you!