SIZE UP APPAREL LLC Values your trust and respects your privacy. Regarding this, we are committed to using the information you share with us responsibly and protecting your privacy confidentially to serve you better. This Policy will delineate the information we collect about you, including how and why we use it to improve your shopping experience with us.
We may collect information about you once you visit our website or stores, purchase a product online or in our stores, provide product reviews online, participate in our services, enter our sweepstakes, promotions or loyalty programs, respond to a survey, join our mailing list and receive our marketing material including e-mails and/or SMS marketing messages. Also, we collect information from other sources, through or in connection software sponsored by SIZE UP APPAREL LLC, or on other websites hosted or sponsored by us. We may combine or cross reference this information with other information that we collect about you to help us improve the quality of your experience with SIZE UP APPAREL LLC And tailor communications to your interests. The types of information we intend to collect include your email address, name, postal address, phone number, product preference, payment card information, birthday, demographic information and any other information you choose to provide. We may collect a record of your purchases and preference information or any additional personal you offer to us. We may also require navigational information about where visitors go on our partner websites and our website. We can identify you by your domain and your IP address (not by personally identifiable information such as your address, name, as well as any necessary information on your Personal computer). This allows us to see how frequently, which areas are most visited, and for how long. We collect and use this information to improve and optimize your shopping experience with us.
HOW WE USE YOUR INFORMATION
SIZE UP APPAREL LLC may use information about you for various purposes including to process and fulfill your in-store and online orders, to communicate with you via email and/or SMS marketing messages, and send you information about our products, services, contests, and promotions, to administer and perform our promotions and contests, to monitor against theft and prevent fraud, help us learn more about your shopping preferences and conduct research and enhance your shopping experience, and perform other business activities as needed or described elsewhere in this policy.
SHARING YOUR INFORMATION
SIZE UP APPAREL LLC Only shares information about our customers with affiliated companies, carefully selected business partners, vendors, and other organizations to provide better service for your accessibility. These companies will require information about you to perform their service function (such as to fulfill and process your order, to protect you from fraud, and verify your credit card information). We also share your information with specially chosen companies that help us with marketing functions (such as maintain and manage our customer information, manage our Internet business including market our products and services). And at times we may also share information with other companies that have a product or service that we believe will be of interest to you and may help them serve you better. We may authorize vendors to serve adverts on behalf of SIZE UP APPAREL LLC to provide analytics services and across the Internet. These process may collect certain information from you (e.g. click browser type, stream information, date and time, hardware/software information, IP address, cookie ID, etc.) once you visit our website and use that information to provide advertisements about services and products that are deemed to be of most excellent interest to you.
We may share information about you during negotiations of, or in connection with, any merger, the sale of company assets, transfer or financing of all or a portion of our business to another company. Also, if we are involved in a reorganization proceeding or bankruptcy, such information may be considered an asset of the company and may be transferred or sold to third parties.
On that ground, your information as required by law or otherwise in regards to the legal process may be shared.
UPDATING YOUR PERSONAL INFORMATION
You are chanced to update, review, delete or correct your online account information at any time via contacting us to request changes to any of your information or by going to your account section of the website page.
SAFEGUARDING YOUR INFORMATION
Immediately you are done on the website, make sure you Log out, to protect yourself against unauthorized access to your account. And to accomplish this, log out at any time, click the "Log Out" link. Keep your password safe, share it not with anyone.
YOUR CHOICES AND RIGHTS
We may use the information we acquired to mailed newsletters, periodically send you emails or other marketing communications requesting your input, or informing you of offers and promotions. You may disallow receiving these communications at any time by changing your preferences on your account information page. If you are opt-out, you will continue to receive order and answers to customer service questions, registry information, and information about modification in our website that might be relevant to you personally.
You can also ask us to remove your information from our systems or opt out of any third party sharing of your information by contacting us or email us at SIZE UP APPAREL LLC
Immediately we send emails to our mailing list, we'll sometimes track when wherever and if the e-mail was opened, if any content was clicked on, how long the e-mail was reviewed, on what platform the email was opened (i.e., webmail, mobile or desktop), the browser accustomed open the e-mail (i.e., Firefox, Explorer, Chrome, etc.), and who forwarded and written the emails. This is to enhance our offerings to you supported your level of engagement and to measure the performance of our email campaigns.
CHILDREN UNDER THIRTEEN YEARS OF AGE
COMPUTER INFORMATION AND COOKIES
The security of your personal information is essential to us. In our efforts to safeguard your online transactions, we use a technology referred to as Secure Sockets Layer (SSL). If your browser is capable of SSL (and most are), your personal information will be automatically encrypted, or encoded, before it's sent over the internet. We will never send your credit card information though email.
NOTICES AND CHANGES
TERMS AND CONDITIONS
The Services are made accessible to you by Size Up APPAREL LLC (“SIZE UP APPAREL LLC,” “us,” or “we”). Please review these Terms before using the Services, as well as making purchases, creating an Account, using the site, or interaction within the Program. These Terms, which may be changed from time to time, apply to all visitors to, and users of, the Services.
BROWSING, ACCESSING OR OTHERWISE USING THE SERVICES INDICATES YOUR AGREEMENT TO THESE TERMS TOGETHER WITH THE ARBITRATION PROVISION WITH A CATEGORY ACTION WAIVER, THEREFORE PLEASE READ THESE TERMS THOROUGHLY BEFORE CONTINUING.
From time to time we may update the Services and these Terms. for instance, we reserve the right to add, withdraw, or otherwise modification how you can earn Points at our sole discretion, with or without informing to you. Your access and use of the Services after we post any changes to these Terms will constitute your agreement to those changes. You comply with review these Terms sporadically to make sure that you are conversant in the most recent version. SIZE UP APPAREL LLC may, in its sole discretion, at any time, discontinue the Services or any part thereof (including, without limitation the Program), with or without informing you, or may disallow your utilization of the Services with or without notifying you. You confirm that you do not have any rights in the Services and that SIZE UP APPAREL LLC will have no liability to you if the Services are discontinued or any content you may have posted on the Services or your ability to access the Services is terminated. In the event of a violation of these Terms and conditions, we have the right to seek all remedies available in equity or by law.
If only otherwise indicated, the Services, any contents or materials, including without restriction, images, all text, artwork, pictures, audio, and video; all materials offered related to or in connection with the Program; including all scripts, HTML code, and software are the exclusive property of SIZE UP APPAREL LLC, and are protected by copyright, emblem, trade dress and other laws, as well as other U.S. and international laws and treaties. All Materials are provided by SIZE UP APPAREL LLC as a service to its current and prospective customers and visitors to the Services and may be used only for personal, informational purposes and only if you also retain all copyright and other proprietary notices contained in the Materials. No right, interest or title in our Materials is conveyed to you. This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit the Services or any of our Materials without our SIZE UP APPAREL LLC prior written permission, and (b) you may not access or use the Services for any competitive or commercial purpose. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. SIZE UP APPAREL LLC may revoke this limited license at any time for any or no reason. SIZE UP APPAREL LLC reserves all rights, not SIZE UP APPAREL LLC granted.
SIZE UP APPAREL LLC retains all rights concerning their emblems, trade names, brand names, and trade dress. These marks, names or trade dress, and all associated logos or images are registered, and common law emblems of SIZE UP APPAREL LLC and are protected by U.S. and international laws and treaties. No license to the utilization of such marks, names or trade dress is granted to you under these Terms or by your use of the Services. Your misuse of the emblems displayed on the Services is strictly prohibited. The Services may also contain references to other emblems, trade names, brand names, and trade dress from entities aside from SIZE UP APPAREL LLC. These emblems, trade names, brand names, and trade dress are the property of the respective owners and references to them don't suggest sponsorship or association with Size Up APPAREL LLC.
PROHIBITED USES OF THE WEBSITE
You shall not post, upload, transmit, redistribute, or promote any communications, materials or content that (a) contain viruses, corrupted files, or any other similar software files, the intent of which is to damage the operation of another's computer; (b) are defamatory, unlawful, abusive, threatening, harassing, invasive of privacy or publicity rights, vulgar, profane, sexually explicit, obscene, hateful, indecent, racially or ethnically derogative, or otherwise objectionable; (c) give rise to civil liability; (d) contain any unsolicited advertising, promotional materials, or other kinds of solicitation to other users, people or entities; (e) impersonate any individual, business or entity, as well as our company and our employees and agents; (f) encourage conduct that would constitute a criminal offense; (g) contain chain letters or pyramid schemes; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of SIZE UP APPAREL LLC, restricts, impairs, inhibits or interferes any other user from using or enjoying the Services and/or our connected services and products (“Prohibited Uses”).
USE OF CREDIT CARDS AND ACCOUNTS
Certain areas of the site need registration or ask you to provide information to participate in certain options. If you elect not to provide such information, you may not be able to access certain content or participate in certain options of the site, or any features at all. If you submit information to us, you produce an Account on the site, or otherwise, you would like to complete the required process by providing us with current, complete, and accurate information as requested by the applicable registration form. It's your responsibility to take care of the currency, completeness, and accuracy of your registration information, and any loss caused by your failure to do. Therefore, you will be responsible for it. Regarding the registration process, you may be asked to provide your valid email address and name and select a password. It's entirely your responsibility maintain the confidentiality of your password and Account(s). Also, you're entirely liable for any and all activities that occur under your Account(s). You comply with notify SIZE UP APPAREL LLC immediately of any unauthorized use of any of your Accounts. You further agree not to email, post, or otherwise broadcast any user ID, password, or other information which provides you access to the site. SIZE UP APPAREL LLC isn't responsible for any loss that you may incur as a result of somebody else using your password or Account(s), either with or without your knowledge and isn't responsible for any delay in shutting down your Account(s) after you have reported a breach of security to us.
If you want to purchase any product or service made accessible through the Services, you may be asked to provide certain information relevant to your transaction, as well as your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU ARE LICENCE TO USE ANY CREDIT CARD(S) UTILIZED ABOUT ANY TRANSACTION AS YOU HAVE WARRANT AND REPRESENT. By submitting such information, you grant the third party collecting that information on our behalf the right to provide such information to third parties for functions of facilitating the completion of transactions initiated by you or on your behalf or us. Verification of information may be required before the acknowledgment or completion of any dealing. YOU AGREE and UNDERSTAND THAT YOU ARE CHARGED AT THE TIME YOU PLACE YOUR ORDER FOR PRODUCT OR SERVICES. YOU FURTHER UNDERSTAND AND AGREE THAT THE DEALING FOR THE PURCHASE OF PRODUCT OR SERVICES IS FINAL AND COMPLETE AT THE TIME YOU'RE CHARGED. You comply with pay all charges incurred by you, on your behalf, or by your Account(s) through the Services, at a price in impact when such charges are incurred. You're solely liable for any taxes applicable to your dealing.
Periodically, links may be established from this Services to one or more external sites, services, platforms, or resources operated by unrelated third parties (the “Third Party Services”). These links are for your convenience solely. Also, certain Third Party Services conjointly may offer links to the Services. These links shouldn't necessarily be deemed to imply that SIZE UP APPAREL LLC endorses the Third Party Services or any content therein.
SIZE UP APPAREL LLC doesn't support management and isn't accountable or chargeable for any Third Party Services or any content, advertising, products, or other materials on or accessible from such Services. Access to any of these Services is at your own risk and as well SIZE UP APPAREL LLC will have no liability arising out of or associated with such Third Party Services and/or their content or for any damages or loss caused or alleged to be caused by or in reference to any purchase, reliance on or use of any such content, goods, or services accessible on or through any such Third Party Services.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
- User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
- User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that SIZE UP APPAREL and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
- Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of clothing materials and accessories. Messages may include checkout reminders.
- Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
- Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
- MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
- Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
- Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
- Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
- Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
- Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in SHELBY, MICHIGAN before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which SIZE UP APPAREL LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration.
THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. 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 participate in any of our Programs.
- Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
- Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
Mobile Applications and In-App Purchases
You acknowledge and agree that the availability of our mobile application is dependent on third party stores, such as Apple's App Store or Google's Android Store. Each store may have its own terms and conditions to which you must agree before downloading a app from such location including specific rules relating only for iOS devices set forth below: You agree to comply with, and your license to use our application is conditioned upon your compliance with, such App Store terms and conditions. You will only use the Application in connection with an Apple or Android device that you own or control, and acknowledge and agree such entity has no obligation whatsoever to furnish any maintenance or support services related thereto.
If you decide to use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL-TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.
If you are a past customer of Size Up (if you have placed an order with us), we may use the Personal Data you provided to send you marketing communications about our products or services, where permitted by applicable law (unless you have opted out). However, in most cases, we ask for your consent to send you marketing information. We may use the information that you provide to us to personalize communications and advertisements that have come from Size Up website or Mobile Application (App) in which you can OPT out of at any given time.
THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, SIZE UP SUPPLEMENTS LLC OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE CONCERNING THE SERVICES, OR ANY SOFTWARE OR INFORMATION THEREIN. Some jurisdictions disallow the disclaimer of implied warranties. In such jurisdictions, the preceding disclaimer might not apply to you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, EVEN WITH NEGLIGENCE, SHALL SIZE UP SUPPLEMENTS LLC BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE UTILIZATION OF OR INABILITY TO USE THE SERVICES (INCLUDING WITHOUT LIMITATION THE LOCATION OR THE PROGRAM), NOR SHALL SIZE UP APPAREL LLC BE ACCOUNTABLE FOR ANY DAMAGES WHATEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS OPERATING OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SIZE UP SUPPLEMENTS LLC’S AFFORDABLE MANAGEMENT, AS WELL AS BUT NOT RESTRICTED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, DESTRUCTION, THEFT, OR UNAUTHORIZED ACCESS TO THE SERVICES’ RECORDS, PROGRAMS, OR SITES. UNDER NO CIRCUMSTANCES, TOGETHER WITH BUT NOT RESTRICTED TO A NEGLIGENT ACT, WILL SIZE UP APPAREL LLC OR ITS AFFILIATES OR AGENTS BE RESPONSIBLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE UTILIZATION OF, OR THE INABILITY TO USE, THE SERVICES, EVEN THOUGH SIZE UP APPAREL LLC HAS BEEN ADVISED OF THE CHANCE OF SUCH DAMAGES. SOME JURISDICTIONS DON'T PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE PRECEDING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULTS OF SIZE UP APPAREL LLC’S NEGLIGENT, DECEITFUL OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.
SIZE UP APPAREL LLC may terminate, change, suspend or discontinue any aspect of these Services, including the availability of any features of the Services, at any time and without notice. SIZE UP APPAREL LLC also reserves the right, in its sole discretion, to change, add, modify or remove any portion of these Terms and condition in part or whole, without notice and at any time. SIZE UP APPAREL LLC could terminate the authorization, rights, and license given above at any time and by surprise. Your continued utilization of this Services once any changes to these Terms are announce are going to be considered acceptance of those changes.
These Terms and also the Services are ruled by U.S. and are subject to all applicable federal, state, and local regulations and laws. All questions and issues concerning the development, interpretation, validity and enforceability of these Terms and condition, or the obligations and rights of you and SIZE UP APPAREL LLC in reference to the Services, shall be ruled by, and construed in accordance with, the laws of the State, U.S.A., without giving impact to the conflict of laws rules thereof, and any matters or proceedings which aren't subject to arbitration as set forth above and/or for getting into any judgment on an arbitration award, shall happen in the federal, state and local courts.
Size Up APPAREL LLC
50421 Hayes Rd Shelby MI 48315
BLACK FRIDAY GIVEAWAY
This Privacy Notice applies to the collection, use and disclosure by Size Up Apparel LLC, Inc. ("Size Up Apparel LLC") of information relating to individuals who participate (each, a "Participant") in any of the separate giveaways (each, a "Giveaway") that is sponsored by a Size Up Apparel LLC content creator (each, a "Creator"), which information is collected in connection with such Giveaway and which Giveaway is part of the Giveaway program hosted and administered by Size Up Apparel LLC (the "Program"), whereby Size Up Apparel LLC will enable a Creator to give away by random drawing, to a Participant who is a follower of such Creator, a free Size Up Apparel LLC product, as described in further detail in the Official Rules for the respective Giveaway.
Information Size Up Apparel LLC Collects
With whom does Size Up Apparel LLC Share Program Information?
Public Announcement of Winners
Each Participant in any Giveaway that is part of the Program is hereby advised that, if such Participant becomes a Winner of any such Giveaway, the Creator who is associated with such Giveaway may publicly announce his or her name and/or social media handle as the Winner of such Giveaway, including without limitation on social media, which may be in the form of a post, video or other medium.
BLACK FRIDAY Giveaway
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
OPEN TO ELIGIBLE LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO, AS OF THE TIME OF ENTRY, ARE AT LEAST THE AGE OF MAJORITY IN THEIR JURISDICTION.
1. Sponsor; Eligibility. The BLACK FRIDAY Giveaway (the “Giveaway”) is a sweepstakes sponsored by the Sponsor identified on the Entry Page (“Sponsor”) and open only to individuals who are at least the age of majority in their jurisdiction at the time of entry and are legal residents of the 50 United States or the District of Columbia. Void where prohibited or restricted by law. The following individuals are not eligible to enter or win a Prize: employees, contractors, representatives, agents, directors, and officers of the Sponsor, of any legal entity owned or controlled by the Sponsor, or of Size Up Apparel LLC, Inc. (“Prize Provider”); their respective parent, subsidiary, or affiliated companies; their marketing agencies; any other parties involved in the administration of the Giveaway; each of the immediate family members of these excluded individuals (i.e., spouses, parents, children, and siblings and the “steps” of each); and all persons living in the same household of each (collectively, the “Giveaway Parties”). By participating in this Giveaway, entrants agree to be bound by these official rules (“Official Rules”) and by the decisions of the Sponsor in all matters relating to the Giveaway.
2. Social Media: This Giveaway is in no way sponsored, endorsed or administered by, or associated with, WordPress, YouTube, Instagram, Facebook, Twitter, Pinterest or any other social media platform; if you learned about or entered the Giveaway through any such platform, and have any questions, comments or complaints regarding the Giveaway, please direct these to Sponsor and not to the social media platform or Prize Provider. You hereby release WordPress, YouTube, Instagram, Facebook, Twitter, Pinterest (and any other social media platform through which you learned about or entered the Giveaway) from all claims arising out of, or in connection with, this Giveaway, including claims related to the accuracy, usefulness, safety, or intellectual property rights of or relating to any content you encounter, and you acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable.
3. Giveaway Period. The entry period for the Giveaway commences on the Start Date, and ends on End Date, stated on the Entry Page (“Entry Period”). All entries must be received by 11:59:59 PM ET on the End Date to qualify. Sponsor’s computer is the official time keeping device for the Giveaway.
4. How to Enter. NO PURCHASE NECESSARY AND NO ENTRY FEE, PAYMENT OR PROOF OF PURCHASE IS NECESSARY TO PARTICIPATE or will increase your chance of winning. To enter the Giveaway:
i. Step 1: During the Entry Period, visit the Entry Page [Link].
ii. Step 2: Enter your name, social media handle, email address, telephone number and shipping address.
iii. Step 3: Follow the instruction to complete your entry
You will obtain one (1) entry for the completed entry described in Step 2 above. You can obtain a maximum of one (1) entry for this Giveaway.
Entries must not: disparage the Sponsor, Prize Provider or any other person or party affiliated with the promotion and administration of this Giveaway; contain personally identifiable information in any public post; contain material that is inappropriate, indecent, lewd, pornographic, obscene, hateful, tortious, defamatory, slanderous or libelous, as determined by Sponsor in its sole discretion; or contain material that is unlawful in any jurisdiction where entry is created.
Compliance with the entry requirements will be determined by Sponsor in its sole discretion. Entries that violate these entry requirements, as determined by Sponsor in its sole discretion, will be disqualified from the Giveaway.
The entrant must be the rightful owner of the e-mail address entered into the Giveaway. In the event of a dispute as to the identity of a winner, the winner will be deemed to be the natural person in whose name the applicable e-mail account is registered. In the event of a discrepancy between the identity of the authorized account holder, the “winner,” and the entrant, Sponsor reserves the right, in its sole discretion, to determine whether the entry is valid or to declare the entry invalid and select an alternate winner. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations or logins, or any other methods, will void that entrant's entries and may disqualify that entrant. Use of any automated system to participate is prohibited and will result in disqualification.
NOTE: If an entrant participates from his or her cellular phone, the entrant’s cellular service provider may charge the entrant for each text message sent and received. Entrants should consult their cellular service provider regarding its pricing plans. Message and data rates may apply.
5. Winner Selection and Notification. Within 10 days of the End Date, one (1) winner will be randomly selected by the Prize Provider from all eligible entries received during the Entry Period and notified by message sent to the email address included by the winner in the entry form.
6. Prizes and Prize Claim. One (1) winner will win the Prize identified on the Entry Page (the “Prize”), which will have the approximate retail value stated there.
7. Special Rules Concerning Prize Provider. Prize Provider retains all ownership rights in any designs created by its designers and may not be used by you or the Sponsor without Prize Provider’s express written consent. PRIZE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO ANY CAMPAIGN, MERCHANDISE OR SERVICE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
SIZE UP SUPPLEMENTS LLC HOLIDAY PS5 GIVEAWAY CONTEST
DECLARATION OF COMPLIANCE AND RELEASE ("Release")
I do hereby declare that I, Size Up Supplements LLC of 50421 Hayes Rd, Shelby, Michigan 48315 am a selected entrant (the "Entrant") in the Contest. I understand that I will be awarded a prize consisting of (1) Playstation 5 (PS5), (1) Apple AirPods WireLess, (1) $100 GiftCard to our website (the "Prize") if I complete this Release and Declaration of Compliance and otherwise comply with the Contest rules ("Official Rules"), and that at that point I will be a winner (a "Winner").
In consideration of the awarding of the Prize to me, I hereby:
|(a)||acknowledge that I have read, have complied, and will comply with all the rules, regulations, terms and conditions set forth in the Official Rules; that I have not perpetrated and will not perpetrate any fraud or deception in connection with the Contest and have not sought to influence the outcome of the Contest other than by participating as expressly permitted in the Official Rules.|
|(b)||acknowledge that the Prize is as described in the Official Rules (incorporated herein by reference);|
|(c)||agree that I will accept the Prize as awarded;|
|(d)||agree to be responsible for all federal, state, and local taxes associated with Prize acceptance;|
|(e)||release, indemnify and hold harmless Size Up Supplements LLC ("Sponsor"); their respective parents, subsidiaries and affiliates and advertising and promotion agencies; the employees, officers, directors, representatives and agents of each of the foregoing; and the heirs, executors, administrators, personal representatives, successors and assigns of the foregoing (collectively, "Releasees") from any claims, demands, payments, actions, or causes of action for damages, loss or injury, arising as a result of my participating in the Contest and accepting the Prize, which I or my heirs, executors, administrations, personal representatives or assigns may now or hereafter have against them;|
|(f)||grant Sponsor and any of Sponsor's clients or designees the right to use my name, city of residence and any image taken of me by or on behalf of Sponsor, in connection with the Contest, in any and all media now or hereafter devised without limitation and without additional compensation, notification or permission or other liability to me or my heirs, executors, administrators, personal representatives or assigns; and|
|1)||I am a legal resident of either the 50 United States or District of Columbia;|
|2)||I was at least 18 years of age at the time of entry;|
|3)||I nor anyone with whom I live (whether or not related) or any of my immediate family members (spouse, parent, child, sibling or their respective spouses, regardless of where they reside) is an employee, officer, director, representative of Sponsor or any of their respective parents, subsidiaries, affiliates or advertising and promotion agencies; and|
|4)||The terms of the Official Rules and this Release shall apply to and be binding on me and my heirs, executors, administrations, personal representatives and assigns.|
|(h)||warrant and represent that I have full right and power to enter into this Release, and that the terms of this document do not in any way conflict with any existing commitment on my part.|
|(i)||agree that this Release supersedes any prior understandings between me and Sponsor relating to the rights granted herein and no provision of this Release can be modified by any other instrument, invoice or document unless in writing and signed by the parties hereto.|
|(j)||acknowledge this is a complete RELEASE and DISCHARGE of all claims and rights of the undersigned against the Releasees, and that no action will be taken by or on behalf of the undersigned with respect to any such rights; it being understood that this release shall be binding upon the parents, guardians, heirs, executors, and administrators of the undersigned.|
|(k)||understand that if any statement made by me in this Release is false or if I am otherwise deemed ineligible or unable to accept the Prize for any reason, then, in addition any other remedies that may be taken against me, I agree to return to Sponsor the Prize.|