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 (312) 588-9990 or info@CLOZTALK.com.
- We accept American Express, Discover, MasterCard, and Visa. Of course, we also accept CLOZTALK® gift cards! Sorry, we do not accept money orders or C.O.D.’s.
- Orders ship on Tuesdays and Thursdays, excluding United States holidays. Delivery is possible on any weekday or Saturday, but not on Sunday.
- All orders ship through UPS.
- 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 (312) 588-9990 or info@CLOZTALK.com.
Version Date: August 21, 2017
THE INFORMATION WE COLLECT
"Personal Information" includes information that personally identifies you, such as your name, the name of your company, your mailing address, your email address, your phone number, your credit-card information, etc. We use Personal Information to process your order and send order and shipping confirmations to you. You may also provide Personal Information if you sign up to receive emails about our company news, special offers, or sales. If you do not wish to receive marketing communications from us, such as product announcements or promotional offers, please email us at email@example.com and you will be promptly removed from the email list, although we reserve the right to continue to send notices to you about your account. You may visit and use the Website without providing Personal Information. We will collect Personal Information only if you provide it to us, and we will only use it to process your order. If you become a registered user or if you conduct transactions through the Website, we may collect information about the transactions you engage in while on the Website and your other activity on the Website. We only use that information to better personalize your shopping experience so that your time on our Website is as easy, user-friendly, and productive as possible. You are under no obligation to provide us with Personal Information, but your refusal to do so may prevent you from using certain features of the Website, such as the e-commerce portion.
“Other Information” includes information that does not personally identify you, such as the type of browser you are using, your domain name (the name of your internet service provider), the time and length of your visit the Website, the pages you view while on the Website, etc. When you visit the Website, we automatically collect this data and use it only to improve the Website's content and structure by monitoring customer traffic patterns and Website usage to better understand how the Website is being used. You will remain anonymous to us, unless you provide us with your Personal Information.
Use of Personal Information and Other Information
We may use the Personal Information that you provide to better serve you, such as to fulfill and process your online orders; respond to your inquiries, comments and instructions; manage your account and provide you with customer support; customize your experience; enforce our Terms and Conditions Policy; detect and protect us against error, fraud or criminal activity; or provide product announcements or promotional offers that we think you may find valuable or interesting. We may share your Personal Information with authorized third-party service providers so that they can perform certain services for us or on our behalf, including but not limited to those activities listed above. These third-party service providers may have access to your Personal Information as needed to perform their functions, but they are not permitted to share or use such information for any other purpose.
We may use the non-personally identifiable information that we collect to improve the design and content of the Website and to enable us to personalize your Website visit. We may also use the non-personally identifiable information in the aggregate to analyze Website usage, pages viewed, etc. We may engage other companies to perform some of these functions, like the functionality of the Website. These companies may use your information only to the extent necessary for these companies to fulfill their functions, and for no other purpose. In other words, these companies are required to only use the information to carry out the services they are performing for the CLOZTALK.
By using the Website, you consent that the CLOZTALK can collect and use the information as described above.
We reserve the right to use or disclose your Personal Information if required to do so by a court of law or to comply with law enforcement; to establish, protect or defend our legal rights; to protect or defend our property or safety, or those of our users or others; or to prevent or take other action against illegal activity, fraud or wrongdoing.
We may provide publicly viewable areas on the Website where you can post reviews, comments, and other information relating to our products or your experience on the Website. Your postings are governed by our Terms and Conditions Policy. If you choose to voluntarily disclose Personal Information in publicly viewable areas of the Website, you understand that the information will be publicly available and that others can collect it and use it. We cannot control who sees your postings or what other users may do with the information that you voluntarily post in publicly viewable areas on the Website, so we encourage you to exercise discretion and caution with respect to your Personal Information. YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE OF PERSONAL INFORMATION.
We encourage you to periodically check back and review this policy, so that you will be up to date with what information we collect, how we use it, and to whom we disclose it.
Any statements, comments, messages, reviews, concepts, ideas, or communications (collectively, the “Communications”) that you send to CLOZTALK or post on the Website shall be and remain the exclusive property of CLOZTALK. You thereby assign all interests, titles, and intellectual property rights over the Communications to CLOZTALK, which can use, reproduce, disclose, publish and distribute any such Comments you submit for any purpose whatsoever, without restriction and without compensation to you in any way.
This website employs commercial firewall technology that uses Secure Socket Layer protection (SSL) to maintain the security of your information. This means that your Personal Information is encrypted before it is transmitted across the Internet. SSL security is the industry professional standard for secure credit-card online transactions, but please note that even the best security measures cannot completely eliminate all risks.
POLICY FOR CHILDREN
Minors (generally, children under the age of 18) are not allowed to use or access the Website without the involvement 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 Website 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 Website.
THIRD PARTY WEBSITES
There may be information on the Website, from time to time, that includes errors, inaccuracies, or omissions relating to apparel descriptions, pricing, and availability. CLOZTALK reserves the right to make any corrections to errors, inaccuracies or omissions and to revise or update information on the Website at any time (including after you have submitted your order) without prior notice.
TERMS AND CONDITIONS AGREEMENT
Version: August 21, 2017
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 “Website”). The Website provides cause-based apparel for sale (“CLOZTALK Services”). Supplemental terms and conditions, or new services, features or documents that may be posted or made available on the Website 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 WEBSITE. 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 WEBSITE OR CLOZTALK SERVICES.
CLOZTALK makes no representation that the Website is appropriate or available in other locations other than where it is operated by CLOZTALK. The information provided on the Website 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 Website 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 permitted to register for the Website or use the CLOZTALK Services.
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:
A. All registration information you submit is truthful, complete and accurate;
B. You will timely maintain the truthfulness, completeness and accuracy of such information;
C. You will keep your password confidential and will be responsible for all use of your password and account;
D. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website; and
E. 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 Website (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 username that does not closely relate to a user's actual name.
GUIDELINES FOR USER CONTENT
The Website may provide you the opportunity to voluntarily post or submit reviews, comments, text, artwork, photographs, videos, music, etc. in publicly viewable areas on the Website (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 repsonsible 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 Website 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 Website for any other purpose other than that for which CLOZTALK makes it available. The Website 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 Website designed to prevent or restrict access to the Website, or any portion of the Website;
- Attempting to impersonate another user or person or using the username 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 Website;
- Deleting the copyright or other proprietary rights notice from any Website 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 Website, 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 Website or the networks or services connected to the Website;
- Making any unauthorized use of the CLOZTALK Services, including collecting usernames 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 Website 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 Website 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 Website in a manner that is inconsistent with any and all applicable laws and regulations
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, 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 the 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 Website 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 Website, you are granted a limited license to access and use the Website 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 Website. CLOZTALK reserves all rights not expressly granted to you in and to the Website 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 Website, 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 Website infringes upon any copyright or trademark that you own or control, please immediately notify CLOZTALK at:
P.O. Box 10130
Chicago, IL 60610
Phone: (312) 588-9990
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 Website 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 Website 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 Website or any Third Party Content posted on, available through or installed from the Website, 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 Website 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 Website or relating to any applications you use or install from the Website. 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 Website 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 Website 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 Website 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 Website in a manner designed to protect the rights and property of CLOZTALK and others and to facilitate the proper functioning of the Website.
TERM AND TERMINATION
This Agreement shall remain in full force and effect while you use the Website or are otherwise a user or member of the Website, 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 WEBSITE 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 WEBSITE 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 Website and revisions will be indicated by date. You agree to be bound by and follow this Agreement as changed when you use the Website or CLOZTALK Services following any such changes. You agree that you will periodically check the Website 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 Website, 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, 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.
A.Governing Law; Jurisdiction.This Agreement and all aspects of the Website and CLOZTALK Services shall be governed by and construed in accordance with the internal laws of the State of Illinois, 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 state and federal courts located in Cook County, State of Illinois, 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 Website or CLOZTALK Services be instituted more than one (1) year after the cause of action arose.
B.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.
C.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 Cook County, State of Illinois. 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.
D.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.
E.Exceptionsto 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 Website 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 change or update the information at any time, without prior notice.
CLOZTALK cannot control the nature of all of the content available on the Website. By operating the Website, CLOZTALK does not represent or imply that CLOZTALK endorses any blogs, contributions or other content available on or linked to by the Website, 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 Website or in connection with any contributions. CLOZTALK is not responsible for the conduct, whether online or offline, of any user of the Website 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 WEBSITE 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, 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 Website will maintain certain data that you transfer to the Website 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 Website 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.
P.O. Box 10130
Chicago, IL 60610
Phone: (312) 588-9990
Why is there a need for CLOZTALK®?
Charities 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 their brands. WE EVEN HELP FUND THE CHARITIES BECAUSE WE DONATE 20% OF ALL COMPANY PROFIT BACK TO THE CAUSES. We want to help the charities in all ways we can, and we take nothing from them.
What does CLOZTALK® require of the charities?
Nothing! The only thing we ask is for the charities 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 charity?
Charities 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 charity’s brand faster than it could on its own. And it doesn’t cost the charities a cent!
How much money goes back to the charities?
WE DONATE 20% OF ALL COMPANY PROFIT BACK TO THE CHARITIES, based on their pro rata share of annual sales. And we don’t take salaries. So we only make money if the charities make money. After we donate to the charities, we reinvest the remaining profit in CLOZTALK or split it three ways among the founders.
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 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 charities just like we did for Imerman Angels.
What does the word "charity" mean?
A “charity” is a nonprofit organization that, as presented in its mission statement, provides help to those in need.
Where should I wear my CLOZTALK® apparel to help my charity the most?
Anywhere you feel comfortable. Places where there are a lot of people are often the best, like: gyms, fitness clubs, yoga studios, music concerts, malls, shopping centers, parks, retail stores, restaurants, bars, sporting events, downtowns, city centers, farmers markets, casual offices, college campuses, etc.
Is CLOZTALK® a for-profit company?
Yes. CLOZTALK is a for-profit, social enterprise. A social enterprise is a venture that uses business strategy to achieve its central mission of improving human or environmental wellbeing. CLOZTALK—not the charities—takes on all of the business risk. The charities have nothing to lose, and only brand awareness and donations to gain. At CLOZTALK, our social impact is as important to our bottom line as any potential profit.
Why do you email information about the charity to the customer after an order is placed?
We want every person to understand the mission of that charity. So we send an email that includes some general facts about the charity: mission statement, headquarters location, reach, founded date, website, and contact information. People can then speak in an informed and articulate way about the charity and its mission. This is the start of the ripple effect that raises awareness across a community.
Who creates the designs?
CLOZTALK creates the designs. The only thing each charity has to do is approve our designs. We want each charity to stay focused on what they do best: delivering a mission that makes the world a better place!
How long does it take for a charity to become a CLOZTALK® Charity Partner?
A charity first fills out the online application on the Charity Application page of this website. The charity will then receive a Charity Partner Agreement that is emailed to it. Next, CLOZTALK reviews the application. If the charity is accepted as a Charity Partner, CLOZTALK signs the Charity Partner Agreement and the onboarding process begins! The onboarding process takes about one month. During that time, we design your apparel, create your information emails to be sent to customers, and upload your charity information to the CLOZTALK website!
Does a charity need to sign an agreement in order to become a CLOZTALK® Charity Partner?
Yes, each charity signs a Charity Partner Agreement with CLOZTALK. The agreement is one page. The charity gives permission to CLOZTALK to use its name and logo for the apparel. The agreement states that the charity is not obligated to pay or promote CLOZTALK in any way. In other words, CLOZTALK never asks anything of the charity except permission to use its name and logo. The agreement also allows the charity to withdraw from the agreement at any time and for any reason at no penalty. Lastly, the agreement requires CLOZTALK to donate 20% of net profit to the charities based on each charity's pro rata share of total sales for that year.
Can I see the Charity Partner Agreement that is emailed to the charities after they complete the online application?
Sure, take a look! Just click here. We want to be as transparent as we can be! Just remember, the real Charity Partner Agreement (which looks just like this one) will be emailed to the charity, and the charity must sign it electronically. This way we can better keep track of all our awesome charity partners!
What if the charity already has its own apparel or its own webstore?
No problem at all! CLOZTALK only adds to an organization's offerings, never subtracts. CLOZTALK provides an additional line of apparel that is separate from the organization's existing apparel or webstore. We hope both webstores sell as much as possible! In other words, 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.
What is the CLOZTALK® truck?
The CLOZTALK® truck is a one-of-a-kind, 30-foot-long, urban blitz branding vehicle with bright lights, big graphics, and booming speakers. The purpose of the CLOZTALK truck is to promote our Charity Partners! We do this in two ways. First, we play music and chat with people on the streets about our awesome Charity Partners! We’ve always found the best way to spread ideas is by sparking conversations in person, face to face. Second, we donate the truck—along with its sound system and wireless mic—to our Charity Partners for use at their outdoor events, which saves them thousands of dollars on music, DJs, and AV systems!
Do you sell merchandise from the CLOZTALK® truck?
No, we don't sell merchandise from the truck. We don't even carry money in the truck. We use the CLOZTALK truck to spark conversations about all of our amazing Charity Partners! All sales are made online through our website.
How does a charity partner with CLOZTALK®?
Please go to our Charity Application link, fill out your information, and click submit. You can also e-mail us at info@CLOZTALK.com or call us at 312-588-9990. Thank you!