Terms of Service - 2024

Fair Harbor Terms of Service:

Effective Date: May 2, 2024

PLEASE BE AWARE THAT THESE TERMS AFFECT YOUR LEGAL RIGHTS, INCLUDING RIGHTS TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. AMONG OTHER THINGS, SECTION 23 OF THESE TERMS PROVIDES THAT, IN THE EVENT YOU HAVE A CLAIM AGAINST OR DISPUTE WITH FAIR HARBOR: YOU WILL FIRST REACH OUT TO US AND GIVE US 60 DAYS TO WORK WITH YOU TO RESOLVE THE ISSUE. IF WE CAN’T SOLVE THE PROBLEM, THE DISPUTE MUST BE SETTLED BY AN ARBITRATOR. YOU ALSO AGREE NOT TO MAKE OR JOIN A “CLASS ACTION” CLAIM. IF YOU DO NOT WISH TO AGREE TO THESE TERMS, PLEASE DO NOT USE OUR WEBSITE (THE “SITE”) OR SERVICES.

OVERVIEW

This Site is operated by Fair Harbor Clothing PBC (“Fair Harbor”). Throughout the Site, the terms “we”, “us” and “our” refer to Fair Harbor. Fair Harbor offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated or linked here.

By visiting our Site and/ or purchasing something from us, you engage in our “Services” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available on our Site by hyperlink, such as our Privacy Policy, Referral Terms, and our Shipping, Returns, Payments and other policies, all as set out in our Help Center. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, customers, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site. Neither our Site nor our Services are intended for children. If you are under 18, you may use our Site and Services only with the involvement and permission of your parent or guardian.

As provided in Section 17 below, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your use of the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Services to anyone for any reason at any time. For more information, see SECTION 5 - OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express written permission by us.

SECTION 3 – NO PURCHASE FOR RESALE

Our Services, including any consumer rights or policies relating thereto or offered on this Site, are intended solely for the benefit of end consumers, and therefore unless you have Fair Harbor’s explicit authorization to do so, purchase or products for resale is strictly prohibited. Purchase for resale means the purchase of product by someone who intends to resell the product to others (consumers, businesses or any third party). If Fair Harbor determines that a purchase or order is intended for resale, Fair Harbor reserves the right, in its sole discretion, and as it relates to such purchase or order, to (1) suspend the application of any Fair Harbor policy that provides a right or benefit intended for direct to consumer purchases; and (2) take any action to hinder such purchase or order (and deter future purchases or orders), including without limitation, to restrict sales to any consumer, consumer account, or member account, cancel orders, charge restocking fees, impose purchase quantity limits, decline to issue refunds or take returns, and/or suspend or close any account.

SECTION 4 - HOW TO PURCHASE ON OUR WEBSITE

To complete your purchase on our Site, you must provide your full name, e-mail address, valid delivery address, and payment method to place an online order. You may need to adjust your device settings or set your browser to accept functional cookies and pop-ups to be able to use all the functionalities of our Site, which includes designing customized items, adding items to your shopping bag and submitting your order.

When you submit an order, we will send an email acknowledging receipt of your order. Our acceptance of your order takes place when the products are shipped to you; we will send a second email confirming that the products have been shipped. If we are unable to supply you with a product, we will inform you of this in writing and will not process the order for that product.

SECTION 5 - OUR RIGHT TO REJECT YOUR PURCHASE OR CANCEL AN ORDER

Sale of products and fulfillment of all orders is subject to availability and our discretion in managing inventory.

We explicitly reserve the right to limit, decline or reject any sales and orders to any person, geographic region or jurisdiction for any reason, without being liable for any damage or costs other than repayment of any amount received from you in relation to such sale or order, in situations including but not limited to:

any act or event beyond our reasonable control, including without limitation, supply chain shortages, lock-outs or other industrial action by third parties, any actual or threatened civil commotion, riot, invasion, terrorist act, war, fire, explosion, storm, flood, earthquake, epidemic, pandemic, or other natural disaster, or failure of public or private telecommunication networks.;
the product you seek to purchase is not available or in stock;
your address, billing information or form of payment is incorrect or cannot be verified;
your order is flagged by our security systems as potentially fraudulent, or an order placed with automated ordering software or technology;
there is evidence that your order (single or cumulative orders) was purchased for the purpose of resale, tax evasion, or other fraudulent purpose;
your order was flagged for freight forwarding or shipping to an address or service provider that enables or allows foreign export or unlawful avoidance of sales tax;
your purchase or order exceeds product purchase limits (quantity and/or dollar amount);
your account and/or purchase history shows an excessively high volume of returns;
there is evidence that your order was placed by a dealer, reseller or distributor; or
there is evidence that you are not eligible to make purchases.

Fair Harbor will determine whether any of the above events have occurred in its sole discretion.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Any offer for any product or Services made on this Site is void where prohibited.

SECTION 6 – SHIPPING AND RETURNS

Visit here for information about product shipping.

Fair Harbor uses Global-e as its trusted global ecommerce vendor whose solution allows Fair Harbor to provide the best possible user experience to our international customers. Read more about Global-e’s terms and conditions here. Global-e may also collect personal information about you or your transaction. Please visit here to read their privacy policy.

If you wish to return or exchange a product (whether products are damaged, incomplete, or otherwise), you may do so only in accordance with our Return Policy.

SECTION 7 - TITLE TRANSFER & RISK OF LOSS

Title and risk of loss for products purchased from Fair Harbor pass to you upon our delivery to the carrier. Title to product(s) will not transfer until full payment has been received.

SECTION 8 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this Site is not accurate, complete or current. Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We undertake no obligation to update, amend or clarify information in the Services or on any related website, including without limitation, pricing information, except as required by law. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. No specified update or refresh date applied in the Services or on any related website, should be taken to indicate that all information in the Services or on any related website has been modified or updated. You agree that it is your responsibility to monitor changes to our Site.

SECTION 9 - MODIFICATIONS TO SERVICES AND PRODUCTS

Fair Harbor reserves the right to modify, limit the quantities of, or discontinue any products or Services that we offer without notice at any time.

Certain products or Services may be available exclusively online through the Site. These products or Services may have limited quantities and are subject to return or exchange only according to our Returns and Exchanges Policy (see Fair Harbor Returns).

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services or any individual product or service.

SECTION 10 – PRODUCT DISPLAY AND PRICING

All descriptions of products or product pricing are subject to change at any time, without notice and in Fair Harbor’s sole discretion.

The prices displayed on our Site may differ from prices that are available in stores or in catalogs, and our pricing may differ from store to store.

Stated prices do not include any customs duties, sales, use, value-added, excise, federal, state, local or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we are required to pay or collect related to your purchase.

Occasionally we may offer special promotions to our customers. These offers may be for a limited time only. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by Fair Harbor at any time in its sole discretion.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You must be authorized to use the credit card or other payment method relating to the information that you enter when creating a account or purchasing a product from our Site.

Registration as a user for access to certain areas of the Site or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by Fair Harbor. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account. Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify Fair Harbor if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. Fair Harbor will not be liable for any loss or damage arising from your failure to comply with these obligations. Fair Harbor reserves the right to delete or change a user name or password at any time and for any reason. Fair Harbor has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these Terms.

For more detail, please review our Returns and Exchanges Policy.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 13 - THIRD-PARTY LINKS

Certain content, products and services available via our Services may include materials from third parties.

Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

SECTION 14 – FEEDBACK, USER CONTENT AND OTHER SUBMISSIONS

You are not required to provide (a) any ideas, comments, suggestions, reviews, or other feedback (“Feedback”) regarding our Site or Services or (b) any other comments, questions, images (including photographs) or other content or materials (collectively, “User Content”, and, together with Feedback, “Submissions”). If you provide Submissions to us (either directly or through any of our third-party service providers), you hereby agree that it is done so voluntarily and without any obligation of confidentiality, and you will be deemed to have hereby granted us, and to have hereby represented and warranted that you have all rights necessary to grant us, a fully-paid, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use your name and any Submissions for any purpose, including: (a) the purposes of providing, maintaining, analyzing, developing, and improving our Site and Services; and (b) to use, reproduce, publish, translate, publicly perform and/or display (including on our Site and for purpose of our advertising and marketing), distribute, syndicate, modify, copy, and create derivative works of and from the Submissions, and any aspect or element thereof, in and/or through any form or format, media or media channel, or technology, in each case whether now known or hereafter developed.

We may, but have no obligation to, monitor, edit or remove Submissions that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Submissions.

You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions posted by you or any third party.

SECTION 15 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which is incorporated into and is part of these Terms of Service. Our Privacy Policy is accessible here.

SECTION 16 – ACCESSIBILITY

Fair Harbor is committed to providing a website that is accessible to the widest possible audience, regardless of circumstance. Please review our Accessibility Policy to learn more. To improve your experience of our Site, please visit the Accessibility Adjustments by clicking on “Accessibility” located in the footer of our Site, or reach out to us directly at support@fairharborclothing.com. We will work with you to provide the information, item, or transaction you seek through an alternate communication method or one that is accessible for you consistent with applicable law.

SECTION 17 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property or other rights or the intellectual property or other rights of others, including any social media platform terms; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site or any mobile applications; (m) resell as new, or distribute to or through a dealer or other third party, any products purchased or otherwise acquired through our Site or Services or (n) advocate, encourage, or assist any third party in doing any of the foregoing. We reserve the right to terminate your use of the Services and the Site for violating any of the prohibited uses.

SECTION 18 - PROPRIETARY RIGHTS AND COPYRIGHT INFRINGEMENT

Fair Harbor’s licensed and own website domains (including those listed below) and all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Fair Harbor, its licensors or content suppliers and protected by United States and international intellectual property laws. Website domains:

· www.fair-harbor.com

· bottlestobeachwear.com

· www.fhswim.com

· fairharborclothing.com

· fairharbor.co

· fairharborus.com

· fairharbornyc.com

· fairharborny.com

· fairharborbeach.com

· fairharborswim.com

· fairpeaks.com

· fairmercantile.com

· fairharborhome.com

· fair-harbor.myshopify.com

Fair Harbor reserves all rights not expressly granted to you in these Terms of Service, and we expressly disclaim all implied licenses, including implied licenses to trademarks, copyrights, trade secrets, and patents.

We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed;

(iii) Identification of the material that is claimed to be infringing and information sufficient to permit us to locate the material;

(iv) Contact information of the complainant, such as an address, telephone number, and, if available, an email address;

(v) A statement that the complainant has a good faith belief that use of the material is not authorized; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be included in the notification described above, and submitted to our Designated Copyright Agent by mail and email to the following address:

Fair Harbor Clothing PBC
Attn: Designated Copyright Agent
12 Park Hill Lane
Larchmont, NY 10538
info@fairharborclothing.com

SECTION 19 - DISCLAIMER OF WARRANTIES

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. FAIR HARBOR DOES NOT WARRANT THAT ANY PRODUCTS WILL BE IN STOCK, SAFE, DEFECT-FREE, CONFORM WITH WRITTEN OR ORAL SPECIFICATIONS, GUARANTEES, REPRESENTATIONS, WARRANTIES OR PROMISES, OR THAT PRODUCTS WILL NOT BE LOST OR DAMAGED IN SHIPMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS, OR THAT ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE OTHER SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. FAIR HARBOR WILL NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES ON THE SITE, ANY LINKS TO THIRD-PARTY WEBSITES OR ANY THIRD-PARTY WEBSITES. PACKAGING, LABELS AND INSTRUCTIONS MAY CONTAIN MANUFACTURER DISCLAIMERS AND LIMITATIONS OF LIABILITY THAT APPLY TO THE PRODUCTS YOU PURCHASE. FAIR HARBOR MAKES ALL DISCLAIMERS IN THIS PARAGRAPH ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS.

SECTION 20 – LIMITATION OF LIABILITY

IN NO CASE SHALL FAIR HARBOR, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF (OR INABILITY TO USE) ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE (INCLUDING THE POLICIES REFERENCED HEREIN) IN NO EVENT WILL FAIR HARBOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 21 – NOTICE TO NEW JERSEY RESIDENTS

Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to the following: limitations of liability or exculpation (such as limitations on indirect, incidental, special, exemplary, consequential or similar damages); dispute resolution; indemnification; venue or jurisdiction; statutes of limitation or repose periods for bringing claims; plain language requirements; and warranties. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.

SECTION 22 - INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Fair Harbor and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your actual or alleged a) breach of these Terms of Service or the documents they incorporate by reference, or b) violation of any law or the rights of a third-party.

SECTION 23 – DISPUTE RESOLUTION AND WAIVER OF CERTAIN RIGHTS

If you have a claim, cause of action, or dispute, you agree to contact Fair Harbor first, so that you and we can try to resolve the matter. You agree to give us 60 days to try to resolve the dispute before requesting arbitration.

If we are unable to resolve the dispute through informal discussion, you and Fair Harbor agree to submit the matter to binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between you and Fair Harbor arising out of or relating to these Terms of Service or the Site (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, as modified by, and subject to, these Terms of Service ("AAA Rules"). You and Fair Harbor hereby waive any right to a jury trial of any Claim. The arbitration will be heard and determined by a single arbitrator. The arbitration shall take place in the County and State of New York; provided that you and we may participate in the arbitration by phone, by video, or via document submission to the fullest extent allowable by the arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fair Harbor will pay as much of the administrative costs and arbitrator's fees (but not your attorneys’ fees) required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

Exclusions. This arbitration agreement does not preclude you or Fair Harbor from seeking action by federal, state, or local government agencies. In addition, claims arising out of or relating to your violations of Fair Harbor’s intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, or efforts to interfere with our Site or Services in unauthorized ways shall not be subject to such obligation for settlement by final and binding arbitration. In addition, you and Fair Harbor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Service, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Service.

Neither you nor Fair Harbor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Fair Harbor’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section 23 is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 23 shall continue in full force and effect. No waiver of any provision of this Section 23 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of these Terms of Service. This Section 23 will survive the termination of your relationship with Fair Harbor

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR FAIR HARBOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION

SECTION 24 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 25 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site.

You agree that Fair Harbor may, and it sold discretion, at any time, terminate or limit your access to, or use of, the Site or any content herein. Additionally, Fair Harbor may terminate or limit your access to our use of the Site if Fair Harbor determines, in its sole discretion, that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, including by infringing a third-party’s copyright. In the case of your breach, you shall remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

SECTION 26 - ENTIRE AGREEMENT; GENERAL PROVISIONS

These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not prevent us from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms of Service, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.

Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

SECTION 27 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law rules. These Terms will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. To the extent any court proceeding is permitted with respect to use of the Site, catalogs or any transaction with Fair Harbor, such must be brought in the state or federal courts located in the County of New York, New York. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

SECTION 28 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29 – USE OUTSIDE THE UNITED STATES OF AMERICA

The Site is controlled and offered by Fair Harbor from the United States of America. Fair harbor makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in the United States of America of information you provide to us.

SECTION 30 - NOTICES AND ELECTRONIC COMMUNICATIONS

You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following physical or email address:

Fair Harbor Clothing PBC
12 Park Hill Lane
Larchmont, NY 10538
info@fairharborclothing.com

Questions about the Terms of Service should be sent to us at info@fairharborclothing.com.