Terms & Conditions - 47brand.com
47BRAND.COM TERMS AND CONDITIONS
Last Updated Date: June 25, 2025:
Welcome and thank you for visiting this website (the “Website”) which is owned and operated by 47 BRAND, LLC (“’47”, “we”, “us”, or “our”). These terms and conditions, together with any documents expressly incorporated herein by reference (collectively, the “Terms and Conditions”) are entered into by and between you (“you” or “your”) and ’47.
Please read the Terms and Conditions carefully before using the Website. SECTION 9 INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER, WHICH AFFECTS YOUR RIGHTS ABOUT HOW YOU MAY RESOLVE DISPUTES, PLEASE READ IT CAREFULLY. By using the Website, you accept and agree to the following Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website. Your access and/or use of the Website confirms your unconditional acceptance of the following Terms of Use. If you do not fully accept these terms, do not use or access the Website.
’47 may revise these Terms and Conditions at any time and from time to time, without notice to you, by updating this posting, and such revisions shall be effective immediately upon being posted to the Website. It is your responsibility to visit this page when using the Website to review the current Terms and Conditions, as they are binding on you. Your continued use of the Website after any modifications indicates your acceptance of these Terms of Use, as modified. The effective date located at the top of this page will set forth the date these Terms of Use were last updated.
1. Ownership of Content, Trademarks and Intellectual Property
’47 owns, controls, or licenses all right, title and interest in and to the Website and all content featured or displayed on the Website, including but not limited to text, graphics, logos, button icons, images, photographs, illustrations, visuals, copy, data, audio clips, video, software, software code, digital downloads and data compilations (both individually and as they are compiled on the site) and the look and feel, design and organization of the Website (collectively the “Content”). The compilation of the Content shall be the property of ’47 and any copyrights, trademark rights, trade dress rights, patent rights, database rights, and other intellectual property or proprietary rights therein. The Website, its Content and all related rights shall remain the sole and exclusive property of ’47 or its licensors or affiliates.
The trademarks or trade dress of ’47 and our affiliates may not be used without our express written permission. Trademarks or trade dress include, but are not limited to, the 47 BRAND, LLC name and logo, and other graphics, logos, page headers, button icons, scripts, service names of 47 BRAND, LLC products, services, and products, and those of our affiliates. All other trademarks that appear on this site are the property of their respective owners, who may or not be affiliated with, connected to, or sponsored by us or our affiliates. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or other intellectual property displayed on the Site without the express prior written permission of 47 or the owner of any third-party trademark or intellectual property, as applicable. Your unauthorized use or misuse of the trademarks displayed on the Website is strictly prohibited. Any commercial distribution, publishing, or exploitation of any Content or any portion or element of the Website is strictly prohibited unless you have received the express written permission of ’47. ’47 will enforce our intellectual property rights to the fullest extent of the law.
Your use of the Website does not grant you any ownership of, or a license to, any Content, compilation or intellectual property you may access on the Website. You have permission to electronically copy and print hard copies of pages from this website solely for personal, non-commercial purposes related to placing an order or shopping with www.47brand.com. Unless we give you written permission in advance, any other use of this website, its content and its information, including linking or framing to this website, are strictly prohibited. You may not modify any of the Content and you may not copy, distribute, transmit, display, perform, reproduce, publish, retransmit via any means or reuse, license, create derivative works from, transfer or sell any Content or any portion or element of the Website. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the Site. Any use of the Website or its Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may also be a violation of copyright, trademark, or other laws.
2. Use of the Website
Subject to your compliance with these terms, we grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the Website solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of the Website. You agree that you are not permitted to resell any products purchased through this site for commercial purposes. We may revoke your access and use of the Website at any time, for any reason, including but not limited to, your violation of these Terms of Use. Nothing herein shall constitute a representation that the Website will be available to you for your access or use. ’47 reserves the right to accept or reject any order, for any reason, at any time. You are solely responsible for the consequences of your use of the Website. ’47 reserves the right, but does not have the obligation, to monitor and/or review all materials posted to the Website or through the Website’s services by users, and ’47 is not responsible for such materials posted by users. ’47 reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ‘47’s sole discretion, are objectionable or in violation of these Terms and Conditions, or policies or applicable law.
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Additionally you agree that you will not: (a) gain access, or attempt to gain access, to any portion of the Website or any systems or networks connected to the Website, by hacking, password mining or any other illegitimate or unlawful means; (b) create or maintain any link from another site to any page on the Website without ‘47’s express prior written permission; (c) run or display the Website (or any material on the Website) in frames or through similar means on another site, application or location without ‘47’s express prior written permission; (d) Modify the information or materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public, non-personal or commercial purpose; (e) use any deep-link, page-scrape, robot, spider, site search application or other automatic device, program, or methodology, or any similar or equivalent manual process, to access, copy, retrieve, monitor, mirror, reproduce or index the Website, or any portion of the Website; (f) collect any data or information regarding users and/or devices, including usernames, personal information, preferences, email addresses or accounts; (g) create or transmit unsolicited electronic communications, such as spam, use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or otherwise interfere with users’ enjoyment of the Website; (h) transmit or upload to the Website any item containing or embodying any virus, worm, defect, trojan horse, software bomb or other harmful or malicious code or feature that dose or could interfere with, damage or degrade in any manner the performance or security of the Website or adversely affect a user; (i) take any action that imposes, in ‘47’s sole discretion, an unreasonable or disproportionately large load on the Website or the IT infrastructure used to operate the Website; (j) submit to the Website any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity or otherwise use the site to transfer or store illegal material; (k) scan or test the vulnerability of the Website or any network connected to the Website; (l) access or use the Website or any User Content (as defined herein) in any manner which would violate any applicable local, state, federal or international law (including any laws regarding the export of data or software to and from the United States or other countries); or (m) attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
As a user of the Website, you may provide and/or post content, including reviews, comments, suggestions, profile information, photographs, videos, messages, communications and/or other materials (collectively “User Content”) and/or share it with other users. User Content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. ’47 will have no liability related to the content of any User Content, whether arising under the laws of copyright, libel, privacy, obscenity, or otherwise. ’47 shall have no obligations to use, return, review, remove or respond to any User Content (unless required by law). ’47 retains the right to remove any or all User Content for any or for no reason, including User Content that, in our sole discretion, violates these Terms of Use and reserve the right to terminate your access thereto.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing ’47 to disclose the identity or other information of users and/or devices using or accessing the Website. YOU WAIVE AND HOLD HARMLESS ’47 AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
You acknowledge and agree that we do not control the User Content posted to the Website, or any links to other sites, including the content of any messages or posts, and that We do not guarantee the accuracy, integrity or quality of User Content. All User Content, including advice and opinions posted by users, comprises the views and responsibilities of those who post such User Content and does not necessarily represent our views. ’47 is not obligated to review or remove User Content and you understand that, by using the Website, you may be exposed to User Content that is offensive, indecent or objectionable.
From time to time, the Website may contain links to and/or functionality interacting with third party sites that are not owned, operated or controlled by ’47. All such links and/or functionality are provided solely as a convenience and do not constitute an endorsement by ’47. If you use these links, you will leave the Website. We are not responsible for any content, materials or other information located on or accessible from any other site. We do not endorse, guarantee, or make any representations or warranties regarding any other site; any content, materials or other information located or accessible from such sites; or any results that you may obtain from using such sites. We also do not guarantee that links and/or functionality provided by third parties will be available, error-free, uninterrupted, free from viruses and/or unauthorized access, or otherwise meet your requirements. IF YOU DECIDE TO ACCESS ANY OTHER SITE LINKED TO OR FROM THE WEBSITE YOU DO SO ENTIRELY AT YOUR OWN RISK.
3. User Conduct
You warrant and agree that you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) use payment information (i.e. credit card, debit card) or personal information (including without limitation name, address, telephone number) of any other person; (c) upload, post, transmit, reproduce, distribute or otherwise publish or in any way exploit any Content, information, or other material obtained through the Website for commercial purposes (other than as expressly permitted in writing by ’47); (d) transmit or post any material which is or may be infringing, harassing, threatening, false, fraudulent, misleading, inflammatory, libelous, obscene, lewd, lascivious, excessively violent, pornographic, abusive, defamatory, vulgar, offensive, profane, sexually explicit or indecent, or illegal; (e) attempt to gain unauthorized access to other computer systems through the Website; (f) restrict or inhibit any other user from using and enjoying the Website or the Website’s services; (g) engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (h) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right; (i) upload post, transmit, reproduce, distribute or otherwise publish (1) advertising material, chain letters, or pyramid schemes of any kind, (2) information which would constitute or contains false or misleading indications of origin, endorsement or statements of fact, or (3) a virus, spyware, or other malicious or technologically harmful component; (j) attempt to gain unauthorized access to interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. In addition to the prohibitions in the previous paragraph, you agree not to: (i) use any robot or engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through the Site or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (ii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; (iii) use the Website or the Website’s services or information presented on the Website to train (directly or indirectly) any artificial intelligence program; or (iv) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorized use thereof.
We may, from time to time, make a messaging service, chat service, bulletin board, other forums and the like available on the Website. Use of any such services is subject to the prohibitions above and any other obligations, terms and conditions, rules or regulations that we may post in connection with such a service, bulletin board or forum.
You agree that if you include a link from any other web site to the Website, such link shall open in a new browser window. You agree not to link from any other website to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve the right to revoke your right to link to the Website from your website at any time for any reason.
4. Terms and Conditions for Purchases Policy
This section 4 shall be referred to herein as the “Terms and Conditions for Purchases Policy”.
Among other things, we provide information on our Website concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. The Terms and Conditions and the information provided by us in no way override the terms and conditions that are a condition of your purchase of any product or service, except as specifically provided herein. To the extent any area within the Website or functionality within the Website is conditioned upon your agreement to specific terms and conditions concerning its use ("Specific Terms"), such as agreeing to this Terms and Conditions of Purchase Policy, agreeing to the Return Policy at https://www.47brand.com/pages/returns, and agreeing to the Refund Policy at https://www.47brand.com/pages/returns , those Specific Terms are to apply in addition to the Terms and Conditions. To the extent there is a direct conflict between the Terms and Conditions and the Specific Terms, the Specific Terms shall prevail.
By accessing the Website and/or ordering products, you represent and warrant that you are domiciled in the United States or a designated territory to which we conduct product deliveries and you are eighteen (18) years of age or older (or at least the legal age to contract in the jurisdiction where you reside, if higher than 18). If you are under the age of eighteen (18), you may use the Website only with the involvement of a parent or guardian. By placing an order through the Website, you agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you will access and use the Website only in a lawful manner and only in accordance with these Terms of Use and will in no way attempt to undermine the integrity of the Website
All prices displayed on the Site are quoted in U.S. dollars. We may restrict delivery to addresses within the United States. We will add shipping and handling fees and applicable sales/use tax as necessary. Title and risk of loss pass to you upon the transfer of the products to the carrier. All delivery dates are estimates only. We are not liable for any delays in shipments. See Shipping Services and Rates at https://www.47brand.com/pages/shipping-handling for additional terms and conditions that apply to your orders.
We reserve the right, without prior notice, to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. You agree that your order is an offer to buy, under this Terms and Conditions for Purchase Policy, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. Prior to our processing and/or acceptance of an order, verification of information may be required. The receipt by you of an order confirmation does not constitute our acceptance of an order. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from us, for any reason. We reserve the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error or other inaccuracy or omission, we shall have the right to correct any errors, inaccuracies, or omissions at any time and to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your payment card charged. If your payment card has already been charged for the purchase and your order is canceled by us, we shall promptly issue a credit to your payment card account in the amount of the incorrect price and you shall be required to return the product purchased to us at our expense. You agree to pay in full the prices for any purchases you make either by payment card (e.g., credit or debit card) concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your payment card issuer or its agents, you agree to pay all amounts due upon demand by us. You agree that you are not permitted to resell for commercial purposes any products purchased through this Site.
From time-to-time, we may provide additional value to customers by advertising a discount off a price shown through a strikethrough. The price shown in strikethrough is a former price of the product, but not always the immediately preceding price. If you have any questions about the prior pricing of a product, please contact us at https://47brand.zendesk.com/hc/en-us/requests/new or use the Help button on the lower right corner of the website.
5. Customer Accounts
You may create and/or be required to create an account to access or use certain areas of the Website. If you choose to create an account, you are responsible for maintaining the accuracy and confidentiality of your account (including your username and password information), and also for restricting access to such information, your account and your device. It is a condition of your use of the Website that all information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy located at https://www.47brand.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to accept responsibility for all activities that occur under your account or password. Additionally, you agree to notify ’47 immediately of any unauthorized access or use of your account or password, or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We reserve the right, including but not limited to if ’47 becomes aware that you are under the age of eighteen (18) or have violated any of these Terms of Use, to terminate your account or registration at any time. If you are under the age of eighteen (18), you may not have an account and you may use this Site only with the involvement of a parent or guardian. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
6. Third-Party Websites
You may be able to link from the Website to third-party web sites or from third‑party web sites to the Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites.
We disclaim any liability for Linked Sites. We do not guarantee or make any representation regarding the standards of or conduct on any Linked Sites nor shall we be held responsible for the contents of Linked Sites, or any subsequent links or any damage that may arise from use of them. For this reason, we do not represent or warrant that the contents of any Linked Site or other third-party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, we are not responsible for web casting or any other form of transmission received from any Linked Site. Any reliance on the contents of a Linked Site or other third-party web site is done at your own risk, you are subject to the terms and conditions of use for such Linked Sites, and you assume all responsibilities and consequences resulting from such reliance.
7. Disclaimers
YOU AGREE THAT USE OF THE WEBSITE (AND ANY ELEMENT THEREOF) IS ENTIRELY AT YOUR OWN RISK. ’47 DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ANY LINKED SITES OR ITS CONTENT, INCLUDING ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES. THE WEBSITE, INFORMATION, MATERIALS, PRODUCTS AND SERVICES PROVIDED ON OR IN CONNECTION WITH THE WEBSITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF SECURITY OR ACCURACY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE WEBSITE. IN ADDITION, TO THE FULLEST EXTEND PERMITTED BY LAW, ‘47 HEREBY EXCLUDES ALL WARRANTIES RELATING TO THE QUALITY OF, AND/OR COMPLIANCE WITH THE DESCRIPTION ON THIS SITE, OF ANY PRODUCTS SOLD OR SUPPLIED VIA THIS WEBSITE. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY LINKED SITES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay of operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, UNDER NO CIRCUMSTANCES SHALL ‘47 OR ANY OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY OUT OF USE OF THE WEBSITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE WEBSITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ‘47’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THIS CLAUSE SHALL AFFECT 47’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
9. Indemnification
You agree to defend, indemnify and hold ’47, its respective affiliates, licensors, directors, officers, employees, agents and representatives harmless from and against any losses, costs, expenses or damages of any nature whatsoever, including attorney’s fees and court costs, arising from any claim, cause of action, suit or demand or any third party due to, arising out of or relating to your breach of these Terms and Conditions or any activity related to your use or misuse of this Website (including your placement or transmission of any message, content, information, software or other materials through the Website, or any negligent or wrongful conduct) by you or any other person accessing this Website using your computer or Internet account. ‘47 reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ‘47’s defense of such claim.
10. Choice of Law and Jurisdiction
We control and operate the Website from our offices in the United States of America. We do not represent that materials on the Website are appropriate or available for use in other locations. Persons who choose to access the Website from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms of Use will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. You agree that any matter and/or dispute relating in any way to your visit to or interaction with the Website, including compliance with these Terms of Use, shall be commenced and be heard in the appropriate court in the Commonwealth of Massachusetts, County of Norfolk. You agree to submit to the personal and exclusive jurisdiction of the courts located within Norfolk County in the Commonwealth of Massachusetts. All parties to these terms and conditions waive their respective rights to a trial by jury.
11. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY, AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND PARTICIPATE IN ANY FORM OF CLASS ACTION. YOU AND ‘47 ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTERNATIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND ‘47 ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, OR YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 9. The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR ‘47 WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.
If any provision of this section is found unenforceable, the unenforceable provision will be severed, and the remaining terms of this section will be enforced. If, for any reason, a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to be bound by these Terms and Conditions.
12. Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms and Conditions, for any failure or delay in our performance under these Terms and Conditions when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
13. Termination
’47 may terminate, suspend, change, or discontinue your use/access to the Website at any time, with or without cause. You are personally liable for any activity prior to such termination, including any orders that you place or charges that you occur prior to termination. ’47 reserves the right to terminate, suspend, change, or discontinue all or any aspect of the site at any time, for any reason or for no reason, at any time without notice.
14. Waiver and Severability
No waiver by ’47 of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ’47 to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any of the terms herein are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
15. Entire Agreement
These Terms and Conditions constitute the sole and entire agreement between you and ’47 with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the Website.
16. Unsolicited Ideas
‘47 does not accept or consider any unsolicited ideas, suggestions, proposals, comments or materials (“Submissions”). The purpose of this policy is to avoid any potential misunderstandings when ’47’s products, services, advertising or branding might appear to be similar or identical to ideas submitted to ‘47.
If, despite the terms outlined above, you still choose to submit your ideas to ’47, then regardless of what your letter or submission states, the following terms shall apply to your Submissions:
- ’47 will consider the Submissions to be non-confidential and non-proprietary;
- The Submissions and their contents will become property of ‘47 without the possibility of compensation to you;
- ‘47 shall have no obligations regarding the Submissions, in whole or in part, for any purpose and in any way, without the possibility of any compensation to you or any third party.
17. Feedback
‘47 is always pleased to receive feedback about any of its current products, services, advertising or branding. Please only provide specific feedback on current products, services, advertising or branding, and do not include ideas that Section 14 above will not permit us to accept or consider. Any feedback you provide is deemed to be non-confidential and non-proprietary. ‘47 shall be free to use such information on an unrestricted basis, without any compensation to you or any third party. ’47 shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Website or any of its products. ’47 shall be free to copy, reproduce, use, disclose, distribute, and commercially exploit such feedback in any manner, without limitation or attribution.
18. Copyright Infringement Notification
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
· A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you prefer to contact us via email, please email us at [email protected] with the word "Copyright" in the subject line.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
The provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.
To file a counter notification with us, you must provide a written communication (by regular mail or email to [email protected] with the phrase "Copyright Counter Notification" in the subject line) that sets forth the items specified below.
Identify the specific URLs or other unique identifying information of material that 47 Brand has removed or to which 47 Brand has disabled access.
Provide your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Erie County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
Sign the paper.
Send the written communication to the following address:
47 Brand, LLC
160 Delaware Avenue
Buffalo, NY 14202
Attn: Legal Department.
Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney
19. Changes to the Website
We may change the Terms and Conditions at any time at our discretion and without notice to you, by posting such changes on the Website. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. You should review these Terms and Conditions before purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
2 20. How You Can Contact Us
This Website is owned and operated by 47 Brand, LLC. All notices of copyright infringement claims should be sent to the address provided above. If you have any questions or other comments about the Website or any of our services, please write to us at: [email protected].
