Terms of Service

URTHWEAR Terms of Use

Welcome to URTHWEAR and our Terms and Conditions (these “Terms”). These Terms apply to the website located at urthwear.com, any mobile applications, and any other websites or applications associated with URTHWEAR products that direct the viewer or user to these Terms (collectively, the "Site"). In these Terms, the terms “URTHWEAR,” “we,” “our,” and “us” refer to URTHWEAR Group, Inc. and any of its respective subsidiaries and affiliated companies.

Your access to and use of the Site is conditioned on your acceptance of and full compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Site. By accessing or using the Site in any capacity you agree to be bound by these Terms. If you disagree with any part of these Terms then you should promptly discontinue access or use of the Site.

ANY USE OF THE SITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION PROVIDED BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND URTHWEAR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OF ANY KIND.

USE OF SITE

By downloading, accessing or using the Site, you represent that you are at least 18 years of age. The Site is not intended for users under 18 years of age. You hereby affirmatively represent that (1) you are at least 18 years of age; (2) you have the consent of your parent(s) to use the Site if you are under 18 years of age; (3) you have all the applicable rights and authority to grant URTHWEAR the rights granted in these Terms; and (4) you have read, understood, and agree to be bound by these Terms. If you are not at least the 18 years of age, do not have parental consent, or you do not agree to all the terms and conditions of these Terms, you may not use the Site. You also agree to abide by all applicable local, state, and national laws and regulations with respect to your use of the Site. You further represent you shall at all times provide true, accurate, current, and complete information when submitting information to URTHWEAR. If you register for an account on the Site, you may be required to designate an email address and password, and there may be additional requirements as designated by URTHWEAR from time to time. You agree to assume all responsibility concerning your use of the Site, including all activity occurring through your Site account(s).

USE RESTRICTIONS

You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, “Content”) are owned by URTHWEAR or it’s licensors. You are expressly prohibited from using any Content without the express written consent of URTHWEAR or its licensors. Except as otherwise stated in these Terms, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of URTHWEAR, and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without URTHWEAR's express written permission, 'mirror' any material contained on this Site or any other server. Any permission granted under these Terms terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.

CHANGE IN TERMS

URTHWEAR reserves the right to update, change, modify or otherwise alter these Terms at any time with or without notice. Any access or use of the Site by you after the changes are in effect shall constitute and be deemed your agreement to the updated Terms. If you do not want to be bound by these Terms, do not use or access any part of the Site. URTHWEAR may terminate your right to access or use the Site or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.

SUBMISSION OF CONTENT

For any content you provide to URTHWEAR, on or by the Site, or otherwise disclose, submit or offer in connection with your use of this Site or other websites such as Facebook or Instagram that may interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with any of URTHWEAR's published hashtags (collectively, 'User Content'), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, fully paid up, worldwide license (but not the obligation) to use any User Content that you post on or in connection with URTHWEAR (“IP License”).

You understand and agree that it is your obligation to make sure the User Content you submit to the Site must not violate the rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You also understand and agree that User Content you submit to the Site must not be and will not contain libelous or otherwise unlawful, abusive, obscene, or otherwise objectionable material in URTHWEAR's sole discretion.

COMMUNICATIONS TO YOU

You agree that URTHWEAR may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of URTHWEAR's products, services or promotions, or for such other purpose(s) as URTHWEAR deems appropriate.

PURCHASES

All purchases made through the Site are subject to our review and acceptance. This means that we may refuse to accept or may cancel any transaction, in our sole discretion, and without liability to you or any third party. The Site does not permit orders from dealers, wholesalers, or other customers who intend to resell items offered on the Website. URTHWEAR expressly conditions its acceptance of your order on your agreement to these Terms, and to all additional terms and conditions that are provided to you on the Site that govern your purchases. By placing orders through the Site, you agree to provide true, accurate, current, and complete information. URTHWEAR reserves the right without prior notice to discontinue or change specifications and prices offered on and outside of the site without incurring any obligation to you. Prices and availability are subject to change without prior notice, and URTHWEAR reserves the right to revoke any offer to correct any errors, inaccuracies, or omissions.

RETURNS

You have 30 days from purchase date to return an item. Items marked as “final sale” and promotions run under "final sale" are non-returnable and non-refundable. There are no restocking fees for returns and return shipping is free. Any returns received postmarked after 30 days from the purchase date will be charged a 50% restocking fee or automatically reshipped to the customer upon receipt at our facilities. Items marked as “final sale” are non-returnable.

All items returned must be unworn, unwashed, in new condition with the original tags attached. Items must be free of stains, makeup, deodorant or wear of any kind. Bodysuits, swimwear and undergarments are non-returnable.

All returns will be processed within 3-4 business days from receipt. Refunds will be credited to the original form of payment used to make the purchase. Refunds will post to the corresponding bank within 5-10 business days of the refund being processed.

Damaged, defective or incorrect items must be reported within three days of delivery by emailing returns@urthwear.com. Items not reported within three days will not be eligible for a refund.

URTHWEAR reserves the right to refuse service to anyone and monitors returns to identify potential misuse or abuse of our return policies.

PAYMENTS

When you make a purchase through our Site, you authorize us or our third party payment processor to charge your payment method for any such purchases, plus any applicable taxes and other charges that may be accrued by or in connection with your purchase. You are responsible for the timely payment of all fees and for providing a valid method of payment. All prices, fees and any applicable taxes and other charges are payable in U.S. dollars. When you initiate a purchase transaction via the Site, you will be asked to provide customary billing information such as your name, billing address, and credit card information. You may also need to provide additional information to verify your identity before completing your transaction. If you are completing the purchase using a third party payment processor, that processor’s terms and conditions apply to your payment transaction.

CONTESTS AND PROMOTIONS

Any contests or promotions described or posted on the Site shall be governed by the rules regulating that event. URTHWEAR reserves the right to refuse, suspend, or revoke contests and promotional offers at anytime.

GIFT CARDS

Gift cards, both physical and digital, are only redeemable if purchased through the Site or an Authorized URTHWEAR reseller. We take no responsibility for gift cards purchased from unauthorized resellers and reserve the right to refuse, cancel, or hold gift cards and orders for suspected fraud, for cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.

REFERRAL PROGRAM

You may be eligible for a referral credit when you share your personalized referral link and the referred customer completes his or her first purchase. To qualify for the credit, the referred customer must click on the referrer’s unique link, create a new Account, and place an order via the Site. Referral credit is granted as store credit to the referrer’s account once all items in the referred customer’s first order have shipped. The credit is non-transferable. We reserve the right to review, investigate, and remove referral credit as well as suspend users or accounts in instances we identify behavior we believe to be abusive, fraudulent, or not aligned with the spirit of the program, such as (a) attempts to gain credit through self-referral by opening multiple accounts using different email addresses; (b) by adding identical payment methods to multiple accounts; (c) credit gained by referring customers through paid advertising, sponsored links, posting to commercial sites; (d) spamming; or (e) any methods deemed illegal under the Federal Trade Commission’s endorsement rules and regulations. We reserve the right to suspend our referral program at any time. If we remove the links to your referral codes, you may not receive referral credit for new referrals completing their first purchases with us anymore.

EXCESSIVE RETURNS

URTHWEAR monitors returns to identify potential misuse or abuse of our return policies. We flag customers who meet our criteria for excessive returns. Customers who are flagged may be subject to our review, and revocation of standard customer return policies. We reserve the right to refuse service to anyone.

THIRD PARTY LINKS

To the extent that this Site contains links to outside services and resources, the availability and content of which URTHWEAR does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular outside service or resource. URTHWEAR has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

INACCURACIES

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve 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. Price and availability information contained on this site is subject to change without notice. URTHWEAR shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by URTHWEAR on the Site are intended to be used for informational purposes only.

WARRANTIES

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE 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 OF OUR SITE, AND THAT URTHWEAR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

NO LIABILITY

SUBJECT TO APPLICABLE LAW, INCLUDING WITH RESPECT TO LIABILITY FOR PERSONAL INJURY OR NON-WAIVABLE STATUTORY RIGHTS UNDER NEW CALIFORNIA LAW, IN NO EVENT SHALL URTHWEAR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM URTHWEAR), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION, FRAUD, OR UNAUTHORIZED ACCESS TO URTHWEAR'S RECORDS, PROGRAMS OR SERVICES; AND (B) BE LIABLE TO THE USER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, OR THE INABILITY TO USE THE SITES OR ANY OF THEIR FEATURES. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITES.

INDEMNIFICATION

You agree to indemnify and hold URTHWEAR (and its officers, directors, agents, subsidiaries, joint ventures, shareholders and employees) harmless from any claim or demand, as well as losses, expenses, damages and costs, resulting from any violation of these Terms, your use of the Site, or any activity related to your Account, including any negligent or wrongful conduct.

ARBITRATION

Except if you opt-out or for disputes relating to: (1) your or URTHWEAR's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); or (2) violations of the Content provision above, you agree that all disputes between you and URTHWEAR, whether or not such dispute involves a third party, with regard to your relationship with URTHWEAR, including without limitation disputes related to these Terms of Use, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and URTHWEAR hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter is only pending in that court. You may bring claims only on your own behalf. Neither you nor URTHWEAR will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if URTHWEAR is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.

ARBITRATION OPT OUT

You have the right to opt out of binding arbitration within thirty (30) days of the date you first became subject to these Terms by writing to: URTHWEAR Group Inc., Attn: General Counsel, 1212 Broadway Plaza, Walnut Creek, CA 94596. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with URTHWEAR must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE

These Terms and your access to and use of the Site shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of San Francisco.

WAIVER OF RIGHTS

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. URTHWEAR's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

COPYRIGHT

All materials on the Site, as well as the organization and layout of the Site, are owned and copyrighted or licensed by URTHWEAR Group Inc, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Site is permitted without the written permission of URTHWEAR. Any rights not expressly granted herein are reserved by URTHWEAR.

TRADEMARKS

URTHWEAR is a registered trademark, service mark, and/or trade name of URTHWEAR Group, Inc. All other trademarks, service marks, and trade names contained in the Site are the properties of the respective owners. URTHWEAR disclaims any proprietary interest in trademarks, service marks and trade names other than its own. No use of these marks may be made without the prior written authorization of URTHWEAR, except as necessary to accurately identify the products or services of URTHWEAR.

ASSIGNMENT

URTHWEAR may at any time assign this Agreement and its rights and obligations hereunder in whole, or in part, to any corporation or other entity with or into which URTHWEAR may hereafter merge or consolidate or to which the URTHWEAR may transfer all or some of its assets.

PRIVACY POLICY

You acknowledge and agree that your use of the Site is subject to our Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

ENTIRE AGREEMENT

These Terms constitute the entire and exclusive understanding and agreement between you and URTHWEAR regarding the Site. These Terms supersede and replace any and all prior oral or written understandings or agreements between URTHWEAR and you regarding the Site. If any provision of these Terms is held invalid or unenforceable, either by an arbitrator appointed pursuant to the terms of the Arbitration section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an opt-out email in accordance with the terms set forth above, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without URTHWEAR's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. URTHWEAR may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

QUESTIONS

If you have any questions about these Terms, please email us at terms@urthwear.com, call us at 888-502-6250 or write to us at 1212 Broadway Plaza, Walnut Creek, CA 94596.