Terms Of Service
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 08/01/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern
the relationship with our users and others which may interact or interface with High Bar Shirt Co., also
known as High Bar, located at 436 Ferry Street, Newark, New Jersey 07105 and our subsidiaries and
affiliates, in association with the use of the High Bar website, which includes https://www.highbarshirt.com/, and its Services, which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website. High Bar Shirt Co. is one of the oldest shirt factories in America, and with our dedication to quality, craftsmanship and detail, we believe your shopping experience with us will be easy, fun and very rewarding. We started this company with you, the consumer, in mind. We offer you the ability to design and create yourself a beautiful shirt that fits you the way you want it to.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the
herein contained Services provided for the purpose of this TOS. Once an individual register’s for our Services, through the process of creating an account, the user shall then be considered a “member.” The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of High Bar Shirt Co..
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for
maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of the TOS. It shall be your responsibility to notify High Bar Shirt Co. immediately if you notice any unauthorized access or use of your account or password or any other breach of security. High Bar Shirt Co. shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to High Bar’s sites.
Either High Bar Shirt Co. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that High Bar Shirt Co. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
As a user or member of the Site, you herein acknowledge, understand and agree that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the High Bar Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by High Bar. High Bar Shirt Co. herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
High Bar Shirt Co. herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with any legal process, enforcement of the TOS, responding to any claim that therein contained content is in violation of the rights of any third party, responding to requests for customer service, or protecting the rights, property or the personal safety of High Bar Shirt Co., its visitors, users and members, including the general public.
As a member, you agree that High Bar Shirt Co. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving High Bar’s Services under the laws and statutes of the United States or other applicable jurisdiction.When you register, High Bar may collect information such as your name, e-mail address, birth date, gender,mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with High Bar and sign in to our Services, you are no longer anonymous to us.
It is at the mutual agreement of both you and High Bar Shirt Co. with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of New Jersey without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and High Bar Shirt Co., shall be filed within the courts having jurisdiction within the County of Mercer, New Jersey or the U.S. District Court located in said state. You and High Bar Shirt Co. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SITE POLICIES, MODICFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy and Security Policy, Returns Policy, Shipping & Delivery Policy and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
You herein acknowledge, understand and agree that all of the High Bar Shirt Co. trademarks, copyright, trade name, service marks, and other High Bar Shirt Co. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of High Bar Shirt Co.. You herein agree not to display and/or use in any manner the High Bar Shirt Co. logo or marks without obtaining High Bar Shirt Co.’s prior written consent.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABLITY
This garment is provided as is without any guarantees or warranty. In association with the product, High Bar Shirt Co. makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of noninfringement of third party rights. Use of the product by a user is at the user’s risk.
NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE.”