Terms of Use
Welcome to www.ShirtCycle.com. The www.shirtcycle.com website (the “Site”) is comprised of various web pages operated by SHIRTCYCLE, LLC (“ShirtCycle”). Please carefully read our Terms of use and Privacy Policy, and revisit this site for updates as the terms herein may change at anytime without notice.
This website is an e-commerce site and provides information about ShirtCycle and the services we provide. ShirtCycle provides custom tailored dress shirts through a home delivery subscription model.
By using the Site, you agree to the Terms of Use and Privacy Policy, including use and/or disclosure of information consistent with policy described below and within the Privacy Policy. Accessing and/or using this website will constitute your acceptance of these Terms of Use. If you do not agree to be bound by these terms, do not enter this website.
This Site and included content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features (collectively, the "Site Content") and all intellectual property rights to the same are the property of ShirtCycle and is protected by U.S. and International intellectual property laws.
Except as expressly permitted in these Terms of Use and any related license agreements you enter into, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Site Content for any purpose whatsoever without obtaining prior written consent from us. You acknowledge that you do not acquire any ownership rights by downloading or printing Site Content.
Additionally, all trademarks, service marks, logos, trade names and trade dress that may appear on our Site are proprietary to ShirtCycle or other respective owners that have granted ShirtCycle the right and license to use such intellectual property. Any rights not expressly granted in these Terms of Use are expressly reserved.
Neither ShirtCycle nor any third parties provide any warranty or guarantee (in fact, the same expressly disclaim any express or implied warranties) as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. These limitations shall apply notwithstanding any failure of essential purpose or the existence or any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential damages, the above limitations may not apply to you. The information, services and products offered for sale and materials contained in and/or advertised on this website, including text, graphics and links, are provided on an "as is" basis with no warranty. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Prices and availability information are subject to change without notice. Prices are quoted in U.S. dollars and are valid and effective only in the United States.
Subscription Model
ShirtCycle is a shirt subscription service with a personal stylist that sends clients recurring shipments of custom shirts. By completing the sign up process at www.ShirtCycle.com and entering your payment information, you agree to receive a sample shirt to verify your fit. This sample shirt is free if you decide to continue with the subscription and receive your first shipment of three custom shirts. If you decide to cancel after signing up but before your first shipment of three custom shirts, then you will be charged $50 for the sample shirt. There is no charge to skip a shirt shipment or cancel after your initial shirt shipment of three shirts.
Your sample shirt includes free alterations. Free alterations are not included on any of the shirts that arrive in your shirt shipments. ShirtCycle will alter the sample shirt to match your desired level of fit on a best effort basis. ShirtCycle reserves the right to end the alteration process and request the sample shirt be sent back with free shipping at any time.
The client will be charged for their shirt shipment once construction of their custom shirts begins.
The custom shirts that arrive in your shirt shipment are custom cut to match your verified measurements and the fabrics and styles you receive are communicated online prior to creating the shirts. This is in an effort to eliminate the need for returns of your shirt shipments. Returns of your custom shirts are allowed within 30 days of receipt in their original condition. ShirtCycle reserves the right to terminate a client’s subscription at any time. ShirtCycle may terminate a subscription if it deems a client is requesting a return as a result of their failure to review the fabric, style or fit of their shirts.
Clients who request to exclude signature confirmation from the delivery of their shipments will be responsible for lost or stolen contents.
Indemnity
You agree to indemnify and hold harmless ShirtCycle and its officers, directors, shareholders, successors in interest, employees, agents, distribution partners, subsidiaries and affiliates from any demands, loss, liability, claims or expenses (including reasonable attorneys' fees and costs), made against ShirtCycle by any third party due to or arising out of or in connection with your use of this Site, its Terms of Use, or your violation of any law or the rights of a third party.
Limitation on Liability
In no event shall ShirtCycle or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages, even if ShirtCycle has been previously advised of the possibility of such damages, whether in an action, under contract, negligence or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products and materials available from this Site.
Notwithstanding anything to the contrary contained herein, in no event shall the cumulative liability of ShirtCycle and its officers, directors, shareholders, successors in interest, employees, agents, distribution partners, subsidiaries and affiliates exceed the greater of the total payments received from you by ShirtCycle during the preceding twelve (12) months or $100, except in the case of a legal dispute, the prevailing party will be entitled to reasonable costs and attorneys’ fees. Furthermore, any claim under these Terms of Use or any way connected to our Site must be brought within twelve (12) months after the cause of action arises, otherwise such claim or cause of action shall be permanently barred.
Account Termination
ShirtCycle reserves the right at our sole discretion and at any time to terminate or suspend your account and/or block your access to the Site for any reason including, without limitation if you have failed to comply with the letter and spirit of these Terms of Use. You agree that ShirtCycle shall not be liable to you or any third party for any termination or suspension of your account or for blocking your access to our Site.
If you want to voluntarily terminate your account at any time, email info@ShirtCycle.com with the subject line “Account termination” followed by your first and last name and date. We aim to but are not liable for account termination within 48 hours of receipt of your email. Emails not containing the aforementioned information in the request format may result in delays in your account termination.
Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive the suspension or termination of your account or these Terms of Use shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, releases, disclaimers, limitations on liability, provisions related to choice of law, dispute resolution, and all related provisions in Terms of Use.
Violation of These Terms of Use
ShirtCycle may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with a violation of the Terms of Use. ShirtCycle also reserves the right at all times to disclose any information that ShirtCycle deems necessary to comply with any applicable law, regulation, legal process or governmental request. ShirtCycle also may disclose your information when ShirtCycle determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ShirtCycle may preserve any transmittal or communication by you with ShirtCycle through this website or any service offered on or through this website, and may also disclose such data under the Terms of Use and the Privacy Policy.
Applicable Law and Dispute Resolution
The laws of the State of New York shall govern the Terms of Use and Privacy Policy, including any disclaimers and terms and conditions without regard to principles of conflict of law. By accessing this website, you agree that New York law governs the Terms of Use, the Privacy Policy and any agreements entered herein and you agree to be bound by the laws and jurisdiction of New York.
In the event of any controversy or dispute between ShirtCycle and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Links to and From this Site
You may not create a link to this website, www.ShirtCycle.com, from another website or document without ShirtCycle’s prior written consent. ShirtCycle may offer links to other websites. If you follow a link to any of these websites, please note that these websites will have their own terms of use and privacy policies. We do not accept any responsibility or liability for these websites.
Miscellaneous
Modifications to these Terms of Use or related agreements will be effective immediately upon notice, either by posting on this Site or by notification by email or conventional mail. It is your responsibility to review the Terms of Use and our Site from time to time for any changes or additional terms. Your access and use of this Site following any modification of these Terms of Use or the provision of additional terms will signify your assent to and acceptance of the same.
Notwithstanding any other provisions of this Terms of Use, or any general legal principles to the contrary, any provision of this Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Use.
In the event that any of the terms or provisions of this Terms of Use or related agreements are declared invalid or unenforceable by any Court of competent jurisdiction or any Federal or State Government Agency having jurisdiction over the subject matter of this Terms of Use or related agreements, the remaining terms and provisions that are not effected thereby shall remain in full force and effect.
Contact Us
Please contact us at info@ShirtCycle.com if you have any additional questions on our Terms of Use. Alternatively, write us at ShirtCycle, attn: Legal – Terms of Use, 555 Fifth Ave., Suite 703, New York, NY 10017.