Terms of Service

TERMS OF SERVICE

Last updated November 13, 2022

TABLE OF CONTENTS

1. AGREEMENT TO TERMS
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PRODUCTS
6. PURCHASES AND PAYMENT
7. RETURN POLICY
8. PROHIBITED ACTIVITIES
9. USER GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. GUIDELINES FOR REVIEWS
12. SUBMISSIONS
13. THIRD-PARTY WEBSITES AND CONTENT
14. SITE MANAGEMENT
15. PRIVACY POLICY
16. COPYRIGHT INFRINGEMENTS
17. TERM AND TERMINATION
18. MODIFICATIONS AND INTERRUPTIONS
19. GOVERNING LAW
20. DISPUTE RESOLUTION
21. CORRECTIONS
22. DISCLAIMER
23. LIMITATIONS OF LIABILITY

24. INDEMNIFICATION
25. USER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
27. CALIFORNIA USERS AND RESIDENTS
28. MISCELLANEOUS
29. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Service constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and Bestfit Menswear ("Company", “we”, “us”, or
“our”), concerning your access to and use of the http://bestfitmenswear.com/ website as well as
any other media form, media channel, mobile website or mobile application related, linked,
or otherwise connected thereto (collectively, the “Site”). We are registered in New York,
United States, and have our registered office at 531 Miracle Mile Dr., Rochester, NY
14623. You agree that by accessing the Site, you have read, understood, and agreed to be
bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time
to time are hereby expressly incorporated herein by reference. We reserve the right, in our
sole discretion, to make changes or modifications to these Terms of Service at any time and
for any reason. We will alert you about any changes by updating the “Last updated” date of
these Terms of Service, and you waive any right to receive specific notice of each such
change. Please ensure that you check the applicable Terms every time you use our Site so
that you understand which Terms apply. You will be subject to, and will be deemed to have
been made aware of and to have accepted, the changes in any revised Terms of Service by
your continued use of the Site after the date such revised Terms of Service are posted.

The information provided on the Site is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution or use would be contrary to law
or regulation or which would subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to access the Site from other

locations do so on their own initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act
(FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this
Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).

The Site is intended for users who are at least 18 years old. Persons under the age of
18 are not permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and
logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and
are protected by copyright and trademark laws and various other intellectual property rights
and unfair competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site “AS IS” for
your information and personal use only. Except as expressly provided in these Terms of
Service, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and
use the Site and to download or print a copy of any portion of the Content to which you have
properly gained access solely for your personal, non-commercial use. We reserve all rights
not expressly granted to you in and to the Site, the Content, and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit
will be true, accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary; (3) you have
the legal capacity and you agree to comply with these Terms of Service; (4) you are not a
minor in the jurisdiction in which you reside; (5) you will not access the Site through
automated or non-human means, whether through a bot, script or otherwise; (6) you will not
use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not
violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have
the right to suspend or terminate your account and refuse any and all current or future use of
the Site (or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential
and will be responsible for all use of your account and password. We reserve the right to
remove, reclaim, or change a username you select if we determine, in our sole discretion,
that such username is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features,
specifications, and details of the products available on the Site. However, we do not
guarantee that the colors, features, specifications, and details of the products will be
accurate, complete, reliable, current, or free of other errors, and your electronic display may
not accurately reflect the actual colors and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve the right to
discontinue any products at any time for any reason. Prices for all products are subject to
change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

- PayPal
- Stripe
- Visa
- Mastercard
- American Express
- Discover

You agree to provide current, complete, and accurate purchase and account information for
all purchases made via the Site. You further agree to promptly update account and payment
information, including email address, payment method, and payment card expiration date, so
that we can complete your transactions and contact you as needed. Sales tax will be added
to the price of purchases as deemed required by us. We may change prices at any time. All
payments shall be in U.S. dollars.

You agree to pay all charges at the prices then in effect for your purchases and any
applicable shipping fees, and you authorize us to charge your chosen payment provider for
any such amounts upon placing your order. We reserve the right to correct any errors or
mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household, or per order.
These restrictions may include orders placed by or under the same customer account, the
same payment method, and/or orders that use the same billing or shipping address. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by
dealers, resellers, or distributors.

7. RETURN POLICY

Please review our Return Policy posted on the Site: [PUT THE LINK TO YOUR RETURN
POLICY HERE] prior to making any purchases.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the
Site available. The Site may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:
● Systematically retrieve data or other content from the Site to create or compile,
directly or indirectly, a collection, compilation, database, or directory without written
permission from us.
● Trick, defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
● Circumvent, disable, or otherwise interfere with security-related features of the Site,
including features that prevent or restrict the use or copying of any Content or
enforce limitations on the use of the Site and/or the Content contained therein.
● Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
● Use any information obtained from the Site in order to harass, abuse, or harm
another person.
● Make improper use of our support services or submit false reports of abuse or
misconduct.
● Use the Site in a manner inconsistent with any applicable laws or regulations.
● Engage in unauthorized framing of or linking to the Site.
● Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use and
enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Site.
● Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data gathering
and extraction tools.
● Delete the copyright or other proprietary rights notice from any Content.
● Attempt to impersonate another user or person or use the username of another user.
● Upload or transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including without
limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies,
or other similar devices (sometimes referred to as “spyware” or “passive collection
mechanisms” or “pcms”).

● Interfere with, disrupt, or create an undue burden on the Site or the networks or
services connected to the Site.
● Harass, annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
● Attempt to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
● Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
● Except as permitted by applicable law, decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the Site.
● Except as may be the result of the standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the
Site, or using or launching any unauthorized script or other software.
● Make any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited emails, or creating user accounts by automated means or under false
pretenses.
● Use the Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.

9. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online
forums, and other functionality, and may provide you with the opportunity to create, submit,
post, display, transmit, perform, publish, distribute, or broadcast content and materials to us
or on the Site, including but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the Site and the
Marketplace Offerings and through third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
● The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not infringe

the proprietary rights, including but not limited to the copyright, patent, trademark,
trade secret, or moral rights of any third party.
● You are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site and these
Terms of Service.
● You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness of
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Site and these Terms of
Service.
● Your Contributions are not false, inaccurate, or misleading.
● Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
● Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
● Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
● Your Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person or to promote violence against a specific person or class of
people.
● Your Contributions do not violate any applicable law, regulation, or rule.
● Your Contributions do not violate the privacy or publicity rights of any third party.
● Your Contributions do not violate any applicable law concerning child pornography,
or otherwise intended to protect the health or well-being of minors;
● Your Contributions do not include any offensive comments that are connected to
race, national origin, gender, sexual preference, or physical handicap.
● Your Contributions do not otherwise violate, or link to material that violates, any
provision of these Terms of Service, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these
Terms of Service and may result in, among other things, termination or suspension of your
rights to use the Site and the Marketplace Offerings.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you
represent and warrant that you have the right to grant, to us an unrestricted, unlimited,
irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,
and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt
(in whole or in part), and distribute such Contributions (including, without limitation, your
image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions, and grant and
authorize sub-licenses of the foregoing. The use and distribution may occur in any media
format and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed,
and includes our use of your name, company name, and franchise name, as applicable, and
any of the trademarks, service marks, trade names, logos, and personal and commercial
images you provide. You waive all moral rights in your Contributions, and you warrant that
moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of
your Contributions and any intellectual property rights or other proprietary rights associated
with your Contributions. We are not liable for any statements or representations in your
Contributions provided by you in any area on the Site. You are solely responsible for your
Contributions to the Site and you expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any
time and for any reason, without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review,
you must comply with the following criteria: (1) you should have firsthand experience with the
person/entity being reviewed; (2) your reviews should not contain offensive profanity, or
abusive, racist, offensive, or hate language; (3) your reviews should not contain

discriminatory references based on religion, race, gender, national origin, age, marital status,
sexual orientation, or disability; (4) your reviews should not contain references to illegal
activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you
should not make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We have absolutely no
obligation to screen reviews or to delete reviews, even if anyone considers reviews
objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily
represent our opinions or the views of any of our affiliates or partners. We do not assume
liability for any review or for any claims, liabilities, or losses resulting from any review. By
posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free,
fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate,
transmit by any means, display, perform, and/or distribute all content relating to the review.

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,
or other information regarding the Site or the Marketplace Offerings ("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial
or otherwise, without acknowledgment or compensation to you. You hereby waive all moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original with you or that you have the right to submit such Submissions. You agree there
shall be no recourse against us for any alleged or actual infringement or misappropriation of
any proprietary right in your Submissions.

13. THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to
other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content
or items belonging to or originating from third parties ("Third-Party Content"). Such Third-
Party Websites and Third-Party Content are not investigated, monitored, or checked for
accuracy, appropriateness, or completeness by us, and we are not responsible for any Third
Party Websites accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or
the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any
Third-Party Websites or any Third-PartyContent does not imply approval or endorsement
thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use
or install any Third-Party Content, you do so at your own risk, and you should be aware
these Terms of Service no longer govern. You should review the applicable terms and
policies, including privacy and data gathering practices, of any website to which you navigate
from the Site or relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and from other
companies, and we take no responsibility whatsoever in relation to such purchases which
are exclusively between you and the applicable third party. You agree and acknowledge that
we do not endorse the products or services offered on Third-Party Websites and you shall
hold us harmless from any harm caused by your purchase of such products or services.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to
you relating to or resulting in any way from any Third-Party Content or any contact with
Third-Party Websites.

14. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these
Terms of Service; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Service, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise disable all files and
content that are excessive in size or are in any way burdensome to our systems; and (5)

otherwise manage the Site in a manner designed to protect our rights and property and to
facilitate the proper functioning of the Site and the Marketplace Offerings.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: _[PUT THE LINK
TO YOUR PRIVACY POLICY HERE]_. By using the Site or the Marketplace Offerings, you
agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service.
Please be advised the Site and the Marketplace Offerings are hosted in the United States. If
you access the Site or the Marketplace Offerings from any other region of the world with
laws or other requirements governing personal data collection, use, or disclosure that differ
from applicable laws in the United States, then through your continued use of the Site, you
are transferring your data to the United States, and you expressly consent to have your data
transferred to and processed in the United States.

16. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available
on or through the Site infringes upon any copyright you own or control, please immediately
notify us using the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the
Notification. Please be advised that pursuant to applicable law you may be held liable for
damages if you make material misrepresentations in a Notification. Thus, if you are not sure
that material located on or linked to by the Site infringes your copyright, you should consider
first contacting an attorney.

17. TERM AND TERMINATION

These Terms of Service shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON

FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE
MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR
INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering
and creating a new account under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for
any reason at our sole discretion without notice. However, we have no obligation to update
any information on our Site. We also reserve the right to modify or discontinue all or part of
the Marketplace Offerings without notice at any time. We will not be liable to you or any third
party for any modification, price change, suspension, or discontinuance of the Site or the
Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times.
We may experience hardware, software, or other problems or need to perform maintenance
related to the Site, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site or the
Marketplace Offerings at any time or for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or inconvenience caused by your inability
to access or use the Site or the Marketplace Offerings during any downtime or
discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Service
will be construed to obligate us to maintain and support the Site or the Marketplace Offerings
or to supply any corrections, updates, or releases in connection therewith.

19. GOVERNING LAW

These Terms of Service and your use of the Site and the Marketplace Offerings are
governed by and construed in accordance with the laws of the State of New York applicable
to agreements made and to be entirely performed within the State of New York, without
regard to its conflict of law principles.

20. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy or claim related to
these Terms of Service (each "Dispute" and collectively, the “Disputes”) brought by either
you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating the arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute
(except those Disputes expressly excluded below) will be finally and exclusively resolved by
binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD
HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be
commenced and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary
Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are
available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator
compensation shall be governed by the AAA Consumer Rules and, where appropriate,
limited by the AAA Consumer Rules. The arbitration may be conducted in person, through
the submission of documents, by phone, or online. The arbitrator will make a decision in
writing, but need not provide a statement of reasons unless requested by either Party. The
arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails
to do so. Except where otherwise required by the applicable AAA rules or applicable law, the
arbitration will take place in Monroe County, New York. Except as otherwise provided herein,

the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration,
or confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be
commenced or prosecuted in the state and federal courts located in Monroe County, New
York, and the Parties hereby consent to, and waive all defenses of lack of personal
jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state
and federal courts. Application of the United Nations Convention on Contracts for the
International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)
are excluded from these Terms of Service.

In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) year after the cause of action arose. If this provision is found
to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling
within that portion of this provision found to be illegal or unenforceable, and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction
above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-
action basis or to utilize class-action procedures; and (c) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the general public
or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or
protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that
portion of this provision found to be illegal or unenforceable and such Dispute shall be

decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.

21. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or
omissions that may relate to the Marketplace Offerings, including descriptions, pricing,
availability, and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the Site at any time,
without prior notice.

22. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS
SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1)
ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO
NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH

THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT
AND EXERCISE CAUTION WHERE APPROPRIATE.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT
PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates,
and all of our respective officers, agents, partners, and employees, from and against any
loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses,
made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site;
(3) breach of these Terms of Service; (4) any breach of your representations and warranties
set forth in these Terms of Service; (5) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (6) any overt harmful act toward any other
user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we

reserve the right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify you of any
such claim, action, or proceeding which is subject to this indemnification upon becoming
aware of it.

25. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular routine backups of data, you are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using the Site. You agree that we shall have
no liability to you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree that all
agreements, notices, disclosures, and other communications we provide to you
electronically, via email, and on the Site, satisfy any legal requirement that such
communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE
ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than electronic means.

27. CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California Department of
Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California
95834 or by telephone at (800) 952-5210 or (916) 445-1254.

28. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not
operate as a waiver of such right or provision. These Terms of Service operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act
caused by any cause beyond our reasonable control. If any provision or part of a provision of
these Terms of Service is determined to be unlawful, void, or unenforceable, that provision
or part of the provision is deemed severable from these Terms of Service and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment, or agency relationship created between you and us as a result of
these Terms of Service or use of the Site. You agree that these Terms of Service will not be
construed against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Service and the lack
of signing by the parties hereto to execute these Terms of Service.

29. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding
the use of the Site, please contact us at:

Bestfit Menswear
106 Greece Ridge Center Dr, Rochester, NY 14626
United States of America

531 Miracle Mile Dr, Rochester, NY 14623,
United States of America

 

support@bestfitmenswear.com