Effective November 27, 2019
For Days, Inc, operates and provides services through www.fordays.com (the “Site”). In the below, we reference ourselves as “For Days”, “we”, or “us”. We will also refer to the Site, and the services available through it as the “Services.”
THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FOR DAYS RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY, AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 14 (“DISPUTE RESOLUTION AND ARBITRATION”) FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH FOR DAYS.
2. Eligibility: We only permit individuals who are at least 18 years old and can form legally binding contracts to use the Services. You can use the Services if you are under 18, but only if you are at least 13 years old and only if a parent or legal guardian who is at least 18 years old supervises you. In all cases, the adult will be the user and is responsible for any and all activity. If you are younger than 13 years old, you may not use the Services, but someone like your mom or dad or legal guardian can get you some sweet tees. Your use of the Services means you represent and warrant that you meet all eligibility requirements we outline in these Terms. However, we may refuse to let certain people access or use the Services. We may also change our eligibility criteria. We offer the Services only for personal, noncommercial use, and not for the use or benefit of any third party (unless you are a parent or legal guardian using the Services for your minor child).
4. Your Account: You may be able to navigate some of the Services without creating a user account (”Account”); but certain Services (like becoming a member) will require you to create an Account. If you create an Account, you are solely responsible for any activity that occurs through your Account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your Account at all times. If any information is incorrect or outdated, it can lead to errors or delays, for which we will not be responsible. You should not share your Account information. And you shouldn’t use another person’s Account or registration information for the Services without permission. Similarly, no one else should be able to use your Account without permission. You are solely responsible for keeping your Account and Account password secure and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your Account. You can always delete the personal information from your Account by emailing us at email@example.com
5. Trial Kit: A For Days Trial Kit allows you to place an initial order of 5 items to try on at home for a $38 deposit and with no obligation to become a member. To order your Trial Kit, you will need to create an account and with For Days. You may select up to 5 items for your trial and you must provide your payment information as well as your shipping address. If you have a promotion or credit, you still must include your payment information to confirm and order your Trial Kit. Once you receive your tees, you have 7 days to send back what you don’t want – unworn – before being charged. Please keep the sticker or hangtag on the garment to indicate it is unworn. If the sticker or hangtag is removed, For Days will assume it is worn and you will be charged. To process your Trial Kit return, go to your Account at www.ForDays.com and click Trial Kit Review. Indicate what you are keeping, exchanging or returning. You will be prompted to print or email a return mailing label. Use the original packaging to return your items. Your remaining balance will appear and you will be charged once you confirm. Your closet will update with your kept items once we receive your returns. If you would like to keep all of your items in your Trial Kit, please also review and confirm the charge. Once you confirm your Trial Kit you can order additional items.
Membership: Membership is a benefit that activates after your first purchase. Membership does not cost anything and provides access to SWAP pricing going forward. Membership neither renews nor cancels.
Returns and Exchanges: After ordering, you can return an unworn item for credit within 7 days of receipt. You can also exchange an item for another color or size within 7 Days of receipt. In either case, go to your Account/Closet at www.ForDays.com and indicate what you are returning or exchanging. Print or email a mailing label and send us your items back in the original packaging. Please keep the sticker or hangtag attached to the product to indicate it is unworn. If it is returned without the sticker or hangtag, we will assume it’s worn and you will be charged accordingly.
- Swaps: Swapping is easy and a core benefit of your Membership. It’s up to you to swap or not and you are in charge of when you do it. Swapping costs less than buying because our aim is to reward you for sending your old worn out clothing back to us for recycling. All items you receive are new items. When you order a new item, selecting the item you want to send back activates your swap pricing. You will earn your swap credit in dollars.
- Gift Cards: Gift Cards are for use on Fordays.com site only. Gift cards are not returnable nor refundable except in states as required by law. Lost or stolen gift cards will not be replaced.
- Impact Points: You earn impact points for every action you take with For Days. Check out details at www.ForDays.com/Impact You can redeem your impact points anytime at checkout. If you send a swap back without purchasing a new item, you will be credited the equivalent dollar value, in points.
- Shipping and taxes: Standard ground shipping and handling are included in the purchase price. Expedited shipping may be available for an additional fee. Taxes will be charged as applicable at checkout based on your total order value.
Checking Order Status: Once your tees are on their way to you, we’ll send you an email confirmation with tracking information. Your tracking information is also in your order summary in Account/Orders.
12. Changing or Cancelling an Order: Our team works hard to process orders quickly so that you don’t have to wait. However, this means that although we will try our best to accommodate order modifications, we cannot guarantee them. To cancel an order, contact member services at firstname.lastname@example.org.
Risk of Loss: The risk of loss and title for all products you order passes to you upon our delivery to the carrier (such as DHL, FedEx, UPS, or USPS).
14. Purchase Limits: We want to give all of our members an opportunity to buy our tees. Therefore, we do not authorize the purchase of commercial quantities of tees, and we may place limits on purchases. We may also, among other things, restrict orders placed by or under the same member account or the same credit card, or orders that use the same billing or shipping address. We reserve the right to limit, cancel or prohibit orders that, in our judgment, appear to be placed with an intent to resell or distribute our products. We further reserve the right to stop doing business with members who violate this policy or any other part of our Terms
15. Language: Presently, our order process only supports the English language.
16. Communicating with For Days:
a. Text Messages. By opting-in to receive text messages from us or by sending us an initial text message, you agree to receive text messages (a.k.a. SMS messages) from For Days. You also represent that you are the owner or authorized user of the wireless device you use to subscribe for the mobile service and that you are authorized to approve the applicable charges. You’ll be responsible for all messaging and data charges that may apply according to your mobile service plan. You can opt-out of receiving text messages from us at any time by texting “STOP” from the mobile device receiving the messages. For additional help, you can contact us at email@example.com. You are not required to receive texts from us and there are many other ways you can communicate with our team, like phone, live chat, email, and snail mail.
Security. We take your privacy very seriously, but the transmission of data over the Internet and mobile networks isn’t 100% secure. Text messages and emails you send to or receive from For Days are not encrypted, which means that they’re vulnerable to interception by third parties. If you choose to communicate financial information, or any other sensitive information by text or email, you do so at your own risk. Worried about texting or sending anything sensitive? Just give us a call.
17. Intellectual Property: All of the content that appears on the Services, including all designs, illustrations, icons, photographs, video clips and written materials, as well as the compilation of the website, Services, and other materials, are the exclusive property of For Days or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Site, the App, and the Services (collectively the “Marks”) are proprietary to For Days, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes. If you would like to request authorization to use the materials or content on the Services, please contact us at firstname.lastname@example.org
18. Right to Use the Services: Subject to your complete and ongoing compliance with these Terms, you have the right to access and use the Services solely for your personal, non-commercial use. This right will allow you to use and enjoy the benefit of the Services as we provide them, in the manner we permit through these Terms. If you are prohibited under applicable law from using the Services, you may not use them.
19. Restrictions on Your Use of the Services: These rights do not allow you to do any of the following:
• interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services
• take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third party providers’ infrastructure
• resell or make any commercial use of the Services or any of the Service content.
• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into human readable form any of the Service content not intended to be so read, including using or directly viewing the underlying HTML or other code from the Services except as interpreted and displayed in a web browser
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, store, or transmit any of the Service content, including any Marks, in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise.
• use any manual or automated software devices or other processes (including data mining, bots, spiders, automated tools or similar data gathering and extraction methods) to “crawl” or “spider” any page of the Services or to collect any information from the Services or any user of the Services
• harvest or scrape any content from the Services, or using other automated or manual means to take our content without our prior consent
• bypass, circumvent, or attempt to bypass or circumvent any feature of the Services or any measures we may use to prevent or restrict access to the Services, including other accounts, computer systems or networks connected to the Services
• run any form of auto-responder or “spam” on the Services
20. WARRANTY DISCLAIMER:
a. We like you and want you to be a long-time member, but we have no special relationship with you. You understand and agree that we have no control over, and no duty to take any action regarding:
• which users access the Services
• what content you access via the Services
• what effects the content may have on you
• how you may interpret or use the content
• what actions you may take as a result of your exposure to the content
b. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and, to the fullest extent permitted by law, we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.
c. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR DAYS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY FOR DAYS OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, FOR DAYS DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
19. LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FOR DAYS OR ANYONE REPRESENTING FOR DAYS BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR FOR DAYS’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FOR DAYS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. Termination: We reserve the right to terminate your membership to use the Services or block or prevent your access to the Services, without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.
22. Governing Law: No matter where you’re located, the laws of California will govern these Terms and the relationship between you and For Days as if you signed or otherwise agreed to these Terms in California, without regard to California conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. If a lawsuit or court proceeding is permitted under these Terms, then the parties agree to submit to the federal or state courts in Los Angeles County, California for exclusive jurisdiction for the purpose of litigating any dispute arising out of or related to your use of the Services or your breach of these Terms.
23. Dispute Resolution and Arbitration:
a. Generally: In the interest of resolving disputes between you and For Days in the most expedient and cost effective manner, you and For Days agree that every dispute arising out of or in connection with these Terms or your use of the Services will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms or your use of the Services, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FOR DAYS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions: Despite the provisions of Section 17(a) nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim. c. Arbitrator. Any arbitration between you and For Days will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting For Days. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and For Days agree otherwise, 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. g. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to our address for Notice, you may reject the change by sending us written notice to our address for Notice within 30 days of the change, in which case your account with For Days will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive. h. Enforceability. If Section 17(f) is found to be unenforceable or if the entirety of this Section 17(f) is found to be unenforceable, then the entirety of this Section 17 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 17 will govern any action arising out of or related to these Terms.
24. Severability: If it turns out that any part of these Terms are invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect any other terms. NOTHING IN THESE TERMS WILL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
26. Notice Regarding Apple: To the extent that you are using the App on an iOS device, you further acknowledge and agree to the terms of this Section 17. You acknowledge that these Terms are between you and For Days only, not with Apple Inc. (“Apple”), and that Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you, and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement or discharge of any third party claim that the Services and/or your possession and use of the App infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
27. Entire Agreement: These Terms constitute the entire agreement between you and For Days and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to these Services. Any rights not expressly granted herein are reserved.
28. Miscellaneous: We take our commitment to members seriously, and we’ll do what we can for you. However, sometimes things may come up that are outside of our control. We will not be liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including mechanical, electronic or communications failure or degradation. You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without your consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect. If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives. The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation.
29. Promotions: Only one promotional code or discounted rate can be redeemed per transaction. Promotions and discounts do not apply to Trial Kit deposits or to Gift Cards.