Welcome to titlenine.com ("Web Site”), owned and operated by Title 9 Sports, Inc., (“Title Nine,” “we” “us”, “our,” or “ours”). Please take a few minutes to review these Terms and Conditions. These Terms and Conditions apply to your access and use of the Web Site and your placing orders with us and, along with our Privacy Notice , form a binding legal agreement between you and us. Your use of our Web Site or placing an order with us constitutes your agreement to follow these Terms and Conditions and to be bound by them.
Title Nine reserves the right to update or modify these Terms and Conditions at any time without prior notice. Those changes will go into effect on the Last Updated Date shown in the revised Terms and Conditions. By continuing to use the Web Site, you are agreeing to the revised Terms and Conditions. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
You must be at least 13 years old to use the Web Site or our mobile applications. If you are under the age of 13 and would like to use our Web Site or order products from us, please have an adult do so for you.
Our shipping and processing charges are intended to compensate our company for the cost of processing your order, handling and packing the products you purchase and delivering them to you. We encourage you to also review detailed information about our shipping and processing fees.
If you call us by telephone to place an order, or for any other reason, such calls may be monitored or recorded. A notice of call recording and your agreement to our Privacy Notice will be given when you call, and by proceeding with the call you also agree to these Terms and Conditions.
We have a 60 day return policy. For more details head here , which forms a part of these Terms and Conditions.
Our Gift Cards are subject to these Terms and Conditions and information on gift cards can be found here.
Title Nine offers its customers marketing and promotional mobile alerts (e.g. cart reminders) by text message (the "Service") on 75693. By participating in the Service, you are agreeing to these Mobile Terms & Conditions (“Mobile Terms”) and to the Privacy Policy, as well as Title Nine’s general Terms & Conditions.
Message frequency may vary. Title Nine reserves the right to alter the frequency of text messages at any time to increase or decrease the total number of messages sent, or to cease sending messages entirely.
Not all mobile devices, handsets, or carriers may be supported, and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Title Nine, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
In connection with your interactions with Title Nine, including your use of Title Nine’s website and your purchase of products from the Company, you may enter into separate agreements with Title Nine. Nothing in these Mobile Terms shall be construed to limit or change in any way the scope, terms, requirements, applicability, and enforceability of such other agreements, including all releases of liability they may contain.
Title Nine is headquartered at 6201 Doyle St., Emeryville, CA 94608 and may send text messages from this address.
Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. Only United States mobile numbers are eligible to participate. You may not enroll if you are under 18 years old. Before the Service will start, you will need to agree to these Terms. Title Nine reserves the right to stop offering the Service at any time with or without notice. Title Nine also reserves the right to change the short code, phone number, or RCS agent from which messages are sent, and we will notify you when we do so.
By opting into the Service, you further:
Once you affirm your choice to opt-in to the Service on 75693, the timing and frequency of messages may vary based on your interactions and initiated texts. You may receive alerts about:
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. Supported carriers are AT&T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Title Nine may add or remove any wireless carrier from the Service at any time without notice. Title Nine and the mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
To stop receiving text messages from Title Nine, text the word STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to 75693 any time or reply STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE to any of the text messages you have received from Title Nine. You can also contact us at 1-800-342-4448 or email thefolks@titlenine.com . These are the exclusive methods for opting out. After opting out, you will receive one additional message confirming that your request has been processed.
You can text HELP for help at any time to 75693. This will provide you with toll-free number 1-800-342-4448 and email thefolks@titlenine.com . You can also contact us at Title 9 Sports Inc. 6201 Doyle Street Emeryville, CA 94608.
These Mobile Terms and Conditions are subject to change at any time without notice. .
Any other policies set forth in our Web Site, or otherwise communicated to you via social media, including but not limited to contests, sweepstakes, sales, or other specials, are all subject to these Terms and Conditions, and by participating in them you agree to be bound by these Terms and Conditions.
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas,
suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain
the exclusive property of Title Nine. Your submission of any such Comments shall constitute an
assignment to Title Nine of all worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Comments.
Title Nine will be entitled to use, reproduce, disclose, publish and distribute any material you submit
for any purpose whatsoever, without restriction and without compensating you in any way. For this
reason, we ask that you not send us any comments that you do not wish to assign to us, including any
confidential information or any original creative materials such as stories, product ideas, computer
code or original artwork.
You are responsible for your use of the Web Site, and for any use of the Web Site made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Web Site, you may not:
The Web Site may allow you to upload, submit, store, send, or receive content and data ("User Content").
You retain ownership of any intellectual property rights that you hold in that User Content.
When you upload, submit, send, or receive User Content to or through the Web Site, you give us
permission to reproduce and use your User Content as follows: you grant to us and those we work with a
license to use, host, store, reproduce, modify, create derivative works (such as translations,
adaptations, or other changes we make so that User Content works better with the Web Site), publicly
perform, publicly display, and distribute your User Content. This license is for the purpose of
operating and improving the Web Site, to develop new products and services, and for other Title Nine
marketing purposes, including without limitation in catalogs, email and other customer communications,
store materials and other marketing.
We may display advertisements in connection with your User Content or on pages where your User Content
may be viewed by you or others, and we may use your User Content to advertise and promote Title Nine or
the Web Site.
Our license to your User Content is non-exclusive, meaning you may use the User Content for your own
purposes or let others use your User Content for their purposes. This license is fully-paid and royalty
free, meaning we do not owe you anything else in connection with our use of your User Content. We may
exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning
that our rights under this license continue even after you stop using the Web Site.
You promise that:
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Web Site for any reason.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Title Nine does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
THIS WEB SITE AND ALL CONTENT AVAILABLE ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU
ACKNOWLEDGE AND AGREE, BY YOUR USE OF THIS WEB SITE, THAT YOUR USE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT
YOU USE IN CONNECTION WITH YOUR USE, AND THAT TITLE NINE AND ITS OFFICERS, EMPLOYEES, DIRECTORS,
SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS ("AFFILIATES") SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEB SITE.
IN PARTICULAR AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TITLE NINE AND ITS AFFILIATES MAKE
NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH
THE WEB SITE OR MOBILE APPLICATIONS, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR
INTEGRATED WITH THE WEB SITE OR MOBILE APPLICATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
TITLE NINE AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEB SITE OR
MOBILE APPLICATIONS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION
OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEB SITE OR MOBILE APPLICATIONS; (e)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEB SITE OR
MOBILE APPLICATIONS BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE WEB SITE OR MOBILE APPLICATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TITLE NINE OR ITS AFFILIATES BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE
WEB SITE OR MOBILE APPLICATIONS, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF
LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of
liability for damages. Accordingly, some of the above limitations and disclaimers may not apply to you.
To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability,
the scope and duration of such warranty and the extent of our liability will be the minimum permitted
under such law.
The prices displayed on our Web Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store.
Occasionally we will offer special promotions to our customers that we refer to as "special offers" or "special offer". This can include a gift with purchase, free shipping, manufacturer offers, or other promotional activity associated with a product purchase. These offers may be for a limited time only.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Title Nine reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after pricing or other information has been corrected, please contact us right away and we will work with you to cancel or return your order.
On occasion, a third party may be necessary to help resolve Disputes that may arise between you and Title Nine. This section of the Terms & Conditions (the “Dispute Resolution Agreement”) limits you and Title Nine to resolving Disputes between them by individual arbitration (or small claims court, if the Dispute qualifies), unless the Dispute is expressly excluded from the arbitration requirement. This Dispute Resolution Agreement shall survive any termination, expiration, or nullification of any or all the Terms & Conditions.
FOR ALL DISPUTES REQUIRED TO BE ARBITRATED UNDER THIS DISPUTE RESOLUTION AGREEMENT, YOU AND TITLE NINE WAIVE ALL RIGHTS TO A JURY TRIAL, TO PARTICIPATE IN ANY CLASS ACTION OR COMPARABLE COLLECTIVE PROCEEDING, AND TO HAVE THOSE DISPUTES DECIDED IN COURTS OTHER THAN SMALL CLAIMS COURT.
“Dispute” and “Disputes” shall be interpreted in the broadest possible sense to include, without limitation, any and all complaints, claims, and controversies of every kind, including, but not limited to, statutory, regulatory, constitutional, contractual, common law (including torts of any kind), and tax-related (including erroneous sales tax collection) causes of action, and encompassing fully all those involving allegations of negligence, fraud, misrepresentation, and the alleged breach of any duty whatsoever.
A. GENERAL ARBITRATION PROVISIONS The following general provisions apply to all Disputes which are subject to the requirement to arbitrate (“Arbitrable Disputes”). These provisions are intended to be read harmoniously with the rules governing individual and mass arbitration set forth below. To the extent that there is any conflict between these general provisions and those specific rules, the specific rules will control.
(1) Persons and Entities Covered. The obligation to arbitrate extends to all agents, attorneys, contractors, subcontractors, employees, service providers, and others acting on behalf of you or Title Nine, or anyone on whose behalf you use the Sites and Apps or obtain Services. It also extends to Disputes in which claims of any kind are threatened or asserted against any corporations and other business entities related in any way to Title Nine (including, but not limited to, parents, subsidiaries, and sibling corporations) and which arise out of your use of the Sites and Apps and the Services.
(2) Governing Law. Notwithstanding any other provision of the Terms & Conditions, all arbitrations are governed exclusively by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq., and not any state or local laws, and you and we agree that it should be interpreted in a manner that protects and preserves the obligation to arbitrate in strict accordance with this Dispute Resolution Agreement.
(3) Opt-Out Rights. You have the right to opt out of the arbitration requirement by sending a written notice expressly stating “I opt out of the dispute resolution agreement” or similar words by email to legal@titlenine.com, or in writing via certified mail, return receipt requested to 6201 Doyle Street, Emeryville, CA 94608, within thirty (30) days after you first agree to the Terms & Conditions. Opting out has no effect on any other dispute resolution agreements that you may currently have or may enter in the future with us, nor does it eliminate or change any other rights or requirements of the Terms & Conditions. Nor does opting out prevent you from later agreeing to a dispute resolution agreement with us.
(4) Mandatory Informal Settlement Process. For Arbitrable Disputes only, you and we must participate in an informal settlement process (the “Informal Settlement Process”) as follows before any arbitration can be commenced:
(5) No Class Actions. Except as expressly permitted under the Mass Arbitration Rules (set forth below), you and we agree that all Arbitrable Disputes must be resolved individually and not via a class or consolidated proceeding of any kind, even if the requirement to arbitrate is found unenforceable for any reason. However, nothing restricts the settlement of Disputes by mutual agreement, including through court-approved class action settlements.
(6) Changes. If we change the arbitration requirements of this Dispute Resolution Agreement after you last accepted the Terms & Conditions, you can reject those changes by sending written notice within thirty (30) days of the effective date of such changes to legal@titlenine.com, or sending such a notice to us by certified mail, return receipt requested to 6201 Doyle Street, Emeryville, CA 94608. The notice must include your full name, email address, and mailing address, and state specifically that you reject the Dispute Resolution Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the arbitration requirements that were in effect when you last agreed to the Terms & Conditions. The rejection of these changes shall have no effect on any other provisions of the Terms & Conditions. Nor does rejecting Dispute Resolution Agreement changes preclude you from later agreeing to those changes.
(7) Improperly Commenced Arbitration. If either you or we believe the other party has started or intends to start any arbitration in violation of this Dispute Resolution Agreement, you and we have the right to seek a court order to stop that arbitration, and any arbitrations related to or giving rise to such a court action shall be stayed and no arbitration fees or costs imposed until the court action (including appeals) is concluded fully and finally. Upon a finding that a Dispute was threatened, filed, or maintained in knowing violation of this Dispute Resolution Agreement or to exert undue pressure, or is frivolous, a court may award the costs and fees of arbitration and any associated litigation, including reasonable attorneys’ and expert fees, to the other party.
(8) Survival and Severability. This Dispute Resolution Agreement shall survive and remain in effect even after your relationship with Title Nine has ended. If any part of the Dispute Resolution Agreement is found to be unenforceable, the remaining provisions will remain in force and apply fully.
(9) Delegation. Disputes concerning whether you and we have entered a valid and binding agreement to arbitrate shall be decided exclusively by a court of competent jurisdiction, not by an arbitrator. All arbitrations where such issues are raised by either party shall be stayed until a court action (including all appeals) is fully and finally concluded. All other issues in Arbitrable Disputes shall be resolved by an arbitrator.
(10) Offer of Settlement. IIn any Arbitrable Dispute between you and Title Nine, the Respondent may choose to make a written settlement offer at any time after the receipt of a Claim Statement. The offer amount and its terms will not be revealed to any arbitrator until after a final award (which includes any dispositive decision). If the value of that award is less than the value of the settlement offer, or if the award favors the Respondent, the Claimant shall pay the Respondent’s arbitration fees, legal and expert fees, and costs which were incurred or imposed after the offer to the fullest extent allowed by law.
(11) AAA Arbitrations. If the American Arbitration Association (the “AAA”) is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Dispute Resolution Agreement (including as a result of any aspect of this Dispute Resolution Agreement which does not meet with the AAA’s approval), or if the AAA for any other reason whatsoever declines to handle an Arbitrable Dispute assigned to it, the parties shall use their best efforts to find and agree upon a substitute arbitration organization guided by the following criteria: costs and obligations reasonably proportionate to the amount in controversy; meaningful opportunities to streamline the individual arbitration process and otherwise reduce costs and expenses to both sides; and resources sufficient to resolve Disputes promptly. Should the parties fail to agree on a substitute for the AAA, the parties shall ask a court of competent jurisdiction to appoint a substitute arbitration organization to conduct the individual arbitration in conformity with all applicable requirements of this Dispute Resolution Agreement including the arbitrator selection criteria set out in this paragraph.
B. ARBITRATION RULES The arbitration process will vary depending on whether an Arbitrable Dispute is pursued individually by a Claimant (an “Individual Arbitration”) or as part of a larger group of associated claims (a “Mass Arbitration,” defined below). In all instances, the arbitrator shall have the power to provide the same relief available in court.
(1) Individual Arbitration. All Individual Arbitrations shall be before a single arbitrator of the AAA. Arbitrations handled by the AAA and involving consumer disputes as defined by the AAA will be governed by this Dispute Resolution Agreement and the AAA Consumer Arbitration Rules and the AAA Consumer Due Process Protocol (the “Consumer Rules”) (https://www.adr.org/consumer) in effect on the date when the Dispute arose (each a “Consumer Arbitration”). Where the Consumer Rules do not apply, the arbitration shall be governed by these Individual Arbitration Rules and the AAA Commercial Arbitration Rules (each a “Commercial Arbitration”) together with the AAA Optional Appellate Rules: (https://www.adr.org/commercial). If there is a conflict or inconsistency between this Dispute Resolution Agreement and any applicable AAA rules and protocol, the terms of this Dispute Resolution Agreement shall control. In any Commercial Arbitration, the prevailing party shall recover reasonable attorneys’ fees, expert witness fees, and costs, including costs and fees incurred in collection. In any Consumer Arbitration, the prevailing party shall be able to recover attorneys’ fees where and as expressly allowed by applicable law.
(2) Mass Arbitration. If 20 or more Claimants (each a “Mass Arbitration Claimant”) or their lawyers or representatives file or disclose to us an intention to file demands for arbitration raising substantially similar Arbitrable Disputes, and counsel or representatives for the claimants are the same or coordinated across these Disputes (a “Mass Arbitration”), these special Mass Arbitrations Rules alone shall apply instead of the Individual Arbitration Rules set forth above or any mass arbitration rules published by the AAA or any other arbitration organization. In the event of any conflict, inconsistency, or dierence between these Mass Arbitration Rules and the Individual Arbitration Rules, above, the Mass Arbitration Rules shall control.
a. Enhanced Settlement Process. Each Mass Arbitration Claimant must comply with the Informal Settlement Process set forth above as enhanced here to reflect the seriousness, scope, and impact of a Mass Arbitration and offer you and us additional tools to increase the odds of reaching an amicable settlement (the “Enhanced Settlement Process”). Full compliance with the Enhanced Settlement Process is a mandatory condition precedent to Mass Arbitration Claimants arbitrating or litigating their Disputes. To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation will be stayed for all Mass Arbitration Claimants during the Enhanced Settlement Process and until its mandatory mediation component (described below) is completed.
LIMITATIONS ON WARRANTIES
A. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) ARISING OUT OF OR RELATING TO THE SITESLIMITATIONS ON LIABILITY
A. TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS RELATED BUSINESS ENTITIES (INCLUDING PARENTS, SUBSIDIARIES, SIBLINGS, AND AFFILIATES), EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITES, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, FOR ANY LOST PROFITS OR LOST DATA ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES.INDEMNIFICATION
A. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, AND ALL OF THEIR OFFICERS, DIRECTORS, AGENTS, SUPPLIERS, AND LICENSORS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM OR RELATED TO YOUR USE OF THE SITES.Any action relating to the use of the Web Site, catalogs or any transaction with Title Nine must be
brought in the state or federal courts located in the County of San Francisco, California. You consent
and submit to the personal jurisdiction of such courts for the purposes of any such action.
These Terms and Conditions will be governed by and construed in accordance with the laws of the State of
California, without giving effect to any conflict of laws rules or provisions.
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in
part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that
provision will be deemed severable from these Terms and Conditions and will not affect the
enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us
from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms and Conditions, including in connection with
a merger, acquisition, sale of assets or equity, or by operation of law.
Last Updated And Effective: January 23, 2026