Effective: August 15, 2023
Welcome to the SUPASOFT APPAREL website, supasoftapparel.com (the "SUPASOFT APPAREL website"), owned and operated by SUPASOFT INC and its affiliates ("SUPASOFT APPAREL"). Except as otherwise noted herein, these terms and conditions (the "Terms") govern your use of the SUPASOFT APPAREL Website and SUPASOFT APPAREL services, applications, content and products (collectively, the "Site"). The terms of SUPASOFT APPAREL's Privacy Policy and Cookie Policy are incorporated by reference into these Terms.
ACCEPTANCE OF TERMS
Please read the following terms and conditions of use, including an Arbitration Agreement, because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site. SUPASOFT APPAREL reserves the right to make changes to the Site and to these Terms from time to time. When we make changes, we will post them here. For this reason, we encourage you to review these Terms whenever you use our Site because by visiting the Site, you agree to accept any such changes. SUPASOFT APPAREL provides you with access to and use of the Site subject to your compliance with the Terms.
WHOLESALE ACCOUNT QUALIFICATIONS
SUPASOFT APPAREL is a wholesale-based company manufacturing premium blanks for the apparel decorating, imprintable, embroidery and promotional markets. A resale certificate number must be provided at the time of account creation. Please contact us for more information. Once the customer sets up an account, we may need additional information including but not limited to a copy of the resale certificate. Account approval process may take up to 2-3 business days.
Although SUPASOFT APPAREL has made every effort to display our products and their colors, textures and appearance as accurately as possible, the displayed attributes of the products depend upon the device display settings of the user, and SUPASOFT APPAREL cannot guarantee that the user's device will accurately portray the actual attributes of the products.
Prices are in US Dollars. SUPASOFT APPAREL offers a tiered pricing model with generous pricing and freight discounts based on order quantity. Our customer support and sales teams will work closely with you to design the pricing plan best for you. Prices may change due to unexpected raw material pricing increases or availability. All prices are subject to change without notice. All orders will be billed at the prices prevailing at the time the order is placed. Any price disputes should be notified to SUPASOFT APPAREL in writing within 30 days of the invoice date. Any disputes and claims brought after 30 days regarding price shall be deemed time barred and waived.
SUPASOFT APPAREL reserves the right to change or discontinue styles, colors, sizes, or fabric, or change packaging without notice. Styles, color and inventory may vary from different locations. Slight variances in color can occur from order to order. Unusual size scales, colors or costs may necessitate pricing adjustments.
Please contact your local sales representative or customer service or log in to your account for up-to-date pricing. All prices, product availability, and delivery conditions are subject to change without notice.
SUPASOFT APPAREL is not responsible for typographical errors regarding price or any other matter. Likewise, SUPASOFT APPAREL does not warrant the accuracy of customer product ratings, comments or feedback.
INVENTORY
SUPASOFT APPAREL keeps a live and perpetual inventory visible to customers with web accounts at supasoftapparel.com. Please check our site regularly for special offers.
GARMENT SPECIFICATIONS
SUPASOFT APPAREL may make periodic axdjustments to garment specifications to accommodate trends or changes in the market. Though every opportunity is taken to ship on a “first in, first out” basis, current inventory may include garments with prior specs.
PRODUCT TESTING & PERFORMANCE:
Customers must inspect, and conduct their own testing on all products prior to purchasing or decorating in bulk.
Most of our products are dischargeable. Customers are encouraged to test samples prior to proceeding with production. Due to various mechanical procedures, environment and/or chemicals used, could cause differences in results. This is considered normal.
All of our products come with a tear away tag and have care instructions. Care instructions for each product may vary so please check the neck label for accurate information.
CREDIT AND PAYMENT
For questions regarding credit terms, please email our customer service representatives at [email protected]. All orders must be pre-paid unless pre-approved for credit terms through our credit factor. Our standard terms are net 30 days F.O.B. origin with credit approval. No anticipation is allowed. Processing of a credit application can take approximately 1 to 2 weeks. Past due invoices are subject to a finance charge of 1.5% per month (18% per annum) service charge. Customers shall be responsible for all costs, expenses, collections agency commissions, and reasonable attorney fees that SUPASOFT APPAREL may incur in the collection of any past due invoices. SUPASOFT APPAREL in its sole discretion, may terminate customers' accounts at any time should a breach of these terms and conditions occur.
Customers can select COD on checkout for pickup orders. COD is specifically "Cash on Delivery" OR "Cashiers Check on Delivery" and does not include any other form of check, bonded check, or payment type without prior approval. COD orders do require approval prior to shipping if the form of payment is to be company checked and must be approved and released by the credit department, prior to shipping, in this circumstance.
We accept all major credit cards. For your protection, we require a copy of the cardholder's identification and the proper completion of our credit card authorization form before the shipment of any credit card order. See all forms here.
Acceptance of company check requires prior approval by SUPASOFT APPAREL. Accounts will be charged $35.00 if returned for any reason.
Some orders may require a deposit. We accept cash, cashier’s checks, wire transfers, and irrevocable L/C or USA issued Visa, MasterCard. With prior approval we accept personal or company checks.
ORDERING, SHIPPING & DELIVERY
Most in stock credit-approved orders for standard delivery placed before 1:00 PM Pacific Time will be shipped the same day. Credit approval delays may prevent same-day shipping. All additions to any order already placed will be considered a new order and must be written on a new purchase order. For your protection, we accept only written or web orders and reserve the right not to process incomplete orders. Partial shipments may be made unless requested otherwise. SUPASOFT APPAREL will not be responsible for non-delivery, delay, loss or damage during shipping. All merchandise is shipped F.O.B. origin. SUPASOFT APPAREL will ship merchandise specified by the customer. All freight claims for missing or damaged merchandise must be filed with the carrier except for UPS and FedEx shipments. Customer pick-up is available from 8:30 AM—4:30 PM Pacific Time, Monday—Friday. Please call ahead for pick-up time and to confirm your order is ready for pick-up.
There is no minimum order quantity. Detailed orders may be submitted to your local sales representative, or to customer service (by emailing customer service at [email protected] or by calling 424-292-3512) during our normal business hours 8:00 AM-5:30 PM Pacific Time, Monday—Friday, or placed online at supasoftapparel.com 24 hours a day, 7 days a week.
We accept advance payments via Visa, MasterCard, American Express, Discover, TeleCheck or bank wire. There may be a 3.5% convenience fee on all non-cash transactions unless otherwise prohibited by law. Net terms are available with credit approval. Please email our customer service representatives at [email protected]
SUPASOFT APPAREL ships to both residential and commercial addresses. UPS Ground freight costs provided during web checkout are estimates and subject to variations based on size, weight, packaging requirements, residential or rural location, and other factors.
All other forms of shipping must be paid in full by the customer unless specifically negotiated otherwise by your salesperson.
Additional methods of shipping are offered; however, our online checkout process is only able to estimate UPS Ground costs. Therefore, all other forms of shipping will not include freight costs. Actual freight costs will be charged when your order ships. If you wish to choose a different carrier or want to use your own UPS account, please let us know by contacting us or providing instructions in the comments section, during the checkout process and/or providing clear instructions on the purchase orders. Please call and advise, if you have a specific shipping preference or have an urgent request. We will do our best to accommodate your request.
Refused and unclaimed shipments or those returned due to customer error, are subject to a 15% restocking fee in addition to all freight charges.
SUPASOFT APPAREL reserves the right to refuse any order at its sole discretion.
SUPASOFT APPAREL imports many items into the U.S. that can’t be exported to other countries. Customers have the responsibility to check with their freight forwarder to confirm foreign documentation requirements and verify that items to be exported will be released by U.S. Customs and Border Protection at their final destination. SUPASOFT APPAREL is not responsible for payment of duty or taxes for these exported items.
ORDER CONFIRMATION
Your customer service representative will send you an order confirmation after placing your order in our system to help ensure that the order was recorded precisely as ordered prior to shipping. If you did not receive an order confirmation, we might not receive the order. Please contact SUPASOFT APPAREL if you do not receive an order confirmation. An invoice is emailed once the order ships, and has the tracking number on it. Customers are also able to check their order status online in their account.
RESTRICTIONS ON SALE
Customers are prohibited from selling SUPASOFT APPAREL products other than through a SUPASOFT APPAREL approved channel of distribution, violation of this condition may result in immediate termination of customers account. Only those customer internet sites authorized in writing by SUPASOFT APPAREL may sell and advertise SUPASOFT APPAREL products. SUPASOFT APPAREL also reserves the rights to prohibit SUPASOFT APPAREL products from being advertised and/or sold via the internet.
RETURN POLICY AND CLAIMS:
Complete customer satisfaction is our primary goal at SUPASOFT APPAREL. Due to the possible human error, it is the customers responsibility to verify that the merchandise received matches what was ordered and resolve any claims with SUPASOFT APPAREL before garments are altered. It is the customers responsibility to inspect and test all merchandise before washing, printing, or any type of decorating. Once merchandise is altered in any way (screen printed, embroidered, relabeled, washed, dyed, embellished, etc.), the customer cannot return or make any claims/exchanges.
Product claims must be made within 14 days of receipt of goods. Goods must be returned in original condition and accompanied by a copy of the original packing list Returns will only be accepted with prior authorization. Return shipments will be refused, if not accompanied by a Return Merchandize Authorization (RMA or RA) code. Customer is responsible for all return freight charges. Samples and items on special/clearance are non-returnable. Returned goods may be subject to a 15% restocking fee with $25 minimum charge.
Once your return is received and inspected by our warehouse return department, we will process your refund and automatically apply a credit to the original form of payment. Please allow 5-7 business days for processing.
PRIVATE LABEL AND PRODUCT DEVELOPMENT
Our SUPASOFT APPAREL team can assist you in developing products for your own brand and label. Please see Private Label for more information.
All custom private label programs will require a written contractual agreement with SUPASOFT APPAREL. This agreement must cover these items in addition to any others that are needed to complete the program. Terms of payment, time action calendar that starts with the issuance of a purchase order starting with pre production to delivery, costing of product landed duty paid, or F.O.B. country of origin, logistical pre-production approval, bulk order quality inspection, label use letter, label release letter, and if required warehousing and distribution costs. Visit the Forms page to find these.
PRODUCT WARRANTY
SUPASOFT APPAREL does not make, and hereby disclaims, any and all warranties, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose.
LIMITATION OF LIABILITY
in no event shall SUPASOFT APPAREL be liable to the customer for any loss of profit, interruption of business, or any special, indirect, consequential or incidental damages arising in contract (including breach of warranty), in tort (including strict liability or negligence) or otherwise, even if SUPASOFT APPAREL has been notified or otherwise made aware of the possibility of such damages.
FAIR LABOR STANDARDS ACT
SUPASOFT APPAREL hereby certifies that the merchandise covered by any SUPASOFT APPAREL invoice was manufactured in compliance with the requirements of the fair labor standards act of 1938, as amended.
FORCE MAJEURE
SUPASOFT APPAREL shall not be liable for any failure or delay in delivery or in its performance under these terms and conditions or otherwise due to any cause beyond SUPASOFT APPAREL reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of god, fire, explosion, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, labor difficulties, supplier failures, unavailability or shortages of materials, or governmental acts (collectively, “force majeure“). where any product scheduled for delivery becomes unavailable as a result of a force majeure event, SUPASOFT APPAREL may, at its sole discretion, substitute such product with a comparable product.
DISPUTE RESOLUTION
These terms and conditions shall be deemed to have been entered into in the state of california and shall in all respects be interpreted, enforced and governed under the internal laws of the state of california without regard to principles of conflicts of law that would apply any other state law. any dispute or controversy arising out of, relating to or concerning any aspect of this agreement shall be settled by binding arbitration to be held before a neutral arbitrator in los angeles, california, under the auspices of the american arbitration association. the arbitrator shall permit discovery sufficient to allow any party to the arbitration to take such discovery as is reasonably sufficient to allow that party to secure the information reasonably necessary to present their claim. the arbitrator may grant injunctions or other relief in such dispute or controversy. the decision of the arbitration shall be final, conclusive and binding on the parties to the arbitration. the award issued by the arbitrator shall be in writing and shall set forth the essential findings and conclusions that form the basis of the award. judgment may be entered on the arbitrator's award in any court having jurisdiction. except as may otherwise be provided by law, each party shall pay an equal share of the fees and costs charged by an arbitrator to hear the arbitration of this matter. each party shall be solely responsible for payment of their respective attorney's fees and costs. the parties agree that all matters relating to any dispute which is the subject of the arbitration hereunder, including all submissions made to the arbitrator and the decision of the arbitrator, shall be treated as confidential by the parties and the parties shall cause any witnesses, counsel or professional advisers retained in connection with such arbitration to maintain all such matters in strict confidence. all disputes, claims or controversies subject to arbitration as set forth in this section 15 must be submitted to arbitration on an individual basis and not as a representative, class and/or collective action proceeding on behalf of other individuals. claims may not be joined or consolidated in arbitration with other disputes brought by third parties, unless agreed to by SUPASOFT APPAREL. any action by customer for breach of contract must be commenced within one year from the merchandise ship date.
GENERAL
all purchases and sales of SUPASOFT APPAREL’s products to customer shall be made solely on these terms and conditions. these terms and conditions shall be applicable in full to all such purchases and sales. all terms and conditions contained in any purchase order or similar order form from customer are hereby rejected by SUPASOFT APPAREL in all respects. any modification, supplement, or amendment of these terms and conditions shall be made in writing by SUPASOFT APPAREL authorized management representative only. any term or provision of these terms and conditions that is invalid or unenforceable in any situation shall not affect the validity or enforceability of the remaining terms and conditions or the validity or enforceability of the offending term or condition in any other situation. acceptance of these terms and conditions shall be confirmed by electronic signature copy by pdf, jpeg file or comparable format or by facsmilie, and any such electronic signature copy shall constitute an original for all purposes. these terms and conditions and SUPASOFT APPAREL’s invoice contain the entire agreement between SUPASOFT APPAREL and customer, and supersedes all previous contracts or agreements between SUPASOFT APPAREL and customer. customer agrees that SUPASOFT APPAREL is not bound by any representation, promise, condition, inducement or warranty, express or implied, not included above.
No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically permitted on the Site. You also may not, without SUPASOFT APPAREL's written permission, "mirror" any material contained on this Site or any other server. The Site, including all of its information and content, such as text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, software and the HTML used to generate the pages (collectively, "Materials and Content"), is SUPASOFT APPAREL property or that of our suppliers or licensors and is protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided on the site or in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose without the specific prior written permission of SUPASOFT APPAREL.
We grant you a limited, nonexclusive, nontransferable license to access the Site and to use the information and services contained here solely as described below. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, at our sole discretion.
MINDFUL OF THE HIGH COST OF LEGAL DISPUTES, NOT ONLY IN DOLLARS BUT ALSO IN TIME AND ENERGY, BOTH YOU AND SUPASOFT APPAREL, LLC AGREE THAT ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS, YOUR VISIT TO THE SITE, OR TO ANY PURCHASE, TRANSACTION, RETURN OR OTHER INTERACTION WITH SUPASOFT APPAREL (INCLUDING CLAIMS RELATING TO SUPASOFT APPAREL'S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS MESSAGES SENT BY SUPASOFT APPAREL, OR SUPASOFT APPAREL'S COLLECTION OR USE OF YOUR INFORMATION) ("DISPUTE") SHALL BE RESOLVED THROUGH BINDING ARBITRATION, RATHER THAN IN COURT. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO THIS AGREEMENT.
ANY PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST TRY IN GOOD FAITH TO RESOLVE THE DISPUTE BY PROVIDING TO THE OTHER PARTY A WRITTEN NOTICE ("NOTICE") DESCRIBING THE FACTS AND CIRCUMSTANCES OF THE DISPUTE AND THE SPECIFIC RELIEF SOUGHT, AND INCLUDING ANY SUPPORTING DOCUMENTATION. THE NOTICE MUST BE MAILED VIA CERTIFIED OR REGISTERED MAIL TO: SUPASOFT INC, ATTN: LEGAL, 16898 S MAIN ST. CA 90248, OR TO YOU AT YOUR LAST-USED BILLING ADDRESS OR THE BILLING AND/OR SHIPPING ADDRESS IN YOUR ONLINE PROFILE. IF WE ARE UNABLE TO REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS SENT, EITHER PARTY MAY COMMENCE ARBITRATION.
BY AGREEING TO ARBITRATION, YOU AND SUPASOFT APPAREL ARE NOT LIMITING IN ANY WAY EITHER OF OUR STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER OF US WOULD BE ENTITLED TO IF OUR DISPUTE WERE INSTEAD BEING HEARD IN A COURT. ANY ARBITRATION UNDER THIS AGREEMENT SHALL BE CONDUCTED BY THE AMERICAN ARBITRATION ASSOCIATION ('AAA'), ADR.ORG, 1.800.778.7879, AND PURSUANT TO THE THEN APPLICABLE AAA COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS, IN PERSON IN THE COUNTY WHERE YOU LIVE, OR AT ANOTHER MUTUALLY AGREED LOCATION. PAYMENT OF ALL FILING, ADMINISTRATION AND ARBITRATOR FEES WILL BE GOVERNED BY THE AAA'S APPLICABLE RULES. IN LIEU OF ARBITRATION, EITHER YOU OR SUPASOFT APPAREL MAY ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT CONSISTENT WITH THE JURISDICTIONAL AND DOLLAR LIMITS THAT MAY APPLY. THIS SECTION WILL SURVIVE AFTER THE TERMS OF USE TERMINATE OR YOUR USE OF THE SITE ENDS.
IF YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE ANY SUPASOFT APPAREL INTELLECTUAL PROPERTY RIGHT (AS DEFINED BELOW), WE MAY BRING SUIT IN ANY STATE OR FEDERAL COURT IN THE STATE OF CALIFORNIA. YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THESE COURTS.
CLASS ACTION WAIVER
You and SUPASOFT APPAREL agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. If this class action waiver is found to be void or unenforceable, the Dispute shall be resolved in state or federal court rather than in arbitration. You further agree that you will not be a member of any putative or actual class in a class action brought by anyone else against SUPASOFT APPAREL, nor will you seek to become a class representative. You further agree that in any action you initiate against SUPASOFT APPAREL, any relief you seek will be confined to relief on your own behalf. This section will survive after the Terms of Use terminate or your use of the Site ends.
The Site may be used only for lawful purposes and is available only for your use which shall be limited to viewing the Site, purchasing products, providing information to the Site and downloading product information. Any permission granted herein terminates automatically without further notice if you breach any of the Terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
You are responsible for your own communications, including the transmission, posting and uploading of information, and are responsible for the consequences of such communications to the Site. SUPASOFT APPAREL specifically prohibits any use of the Site, and requires all users to agree not to use the Site, for any of the following:
Posting any information which is incomplete, false, inaccurate or not your own
Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation, or that would fail to comply with accepted Internet protocol
Communicating, transmitting or posting material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post it
Communicating, transmitting or posting material that reveals trade secrets, unless you own them or have the permission of the owner
Communicating, transmitting or posting material that infringes on any other intellectual property, privacy or publicity right of another
Communicating, transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of any applicable export control laws
Attempting to interfere in any way with the Site's or SUPASOFT APPAREL's networks or network security, or attempting to use the Site's service to gain unauthorized access to any other computer system
Communicating, transmitting or posting material that is in violation of applicable laws or regulations
Using the Site to harass, disrupt, or unlawfully interfere with SUPASOFT APPAREL business interests
Violations of system or network security may result in civil or criminal liability. SUPASOFT APPAREL investigates violations and may involve, and cooperate with, law enforcement authorities in prosecuting any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following:
Accessing data not intended for you or logging on to an SUPASOFT APPAREL server or account that you are not authorized to access
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt)
Attempting to interfere or interfering with the operation of our Site, our provision of services to any other visitors to our Site and our hosting provider or our network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "email bombing" or "crashing" the Site
Forging any TCP/IP packet header or any part of the header information in any email or transmission or posting to our Site
Notwithstanding anything else to the contrary contained in these Terms of Use, SUPASOFT APPAREL's collection, use, disclosure and sharing of any personally identifiable information you provide via the Site shall be governed by our Privacy Policy and our Cookie Policy. For further information regarding SUPASOFT APPAREL's collection, protection, and use of your personal information, please refer to our Privacy Policy and our Cookie Policy. By accepting these Terms, you also agreed to be bound by each of the Privacy Policy and the Cookie Policy, which are incorporated by reference hereby.
As between you and SUPASOFT APPAREL (or any other company whose marks appear on the Site), SUPASOFT APPAREL (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The SUPASOFT APPAREL logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "SUPASOFT APPAREL Intellectual Property'') are owned by SUPASOFT APPAREL and may be registered in the United States and internationally. You agree not to display or use SUPASOFT APPAREL Intellectual Property in any manner without SUPASOFT APPAREL's prior permission. Nothing on the Site should be construed to grant any license or right to use any SUPASOFT APPAREL Intellectual Property without the prior written consent of SUPASOFT APPAREL. Except as otherwise provided herein, use of the Site does not grant you a license to any Materials and Content or features you may access on the Site and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Materials and Content, features or materials, in whole or in part. You may not download or save a copy of any of the Materials and Content or screens for any purpose except as otherwise provided by SUPASOFT APPAREL. If you make use of the Site, other than as provided herein, in doing so you may violate copyright and other laws of the United States and/or other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. The information on the Site, including, without limitation, all site design, text, graphics, interfaces and the selection and arrangements of such is protected by law, including, but not limited to, copyright law.
We do not claim ownership of user-generated content and material. Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you (i) submit or post on the Site, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, and Pinterest, which are tagged with #SUPASOFTAPPAREL or any other SUPASOFT APPAREL promoted hashtag (collectively "User Content") shall be deemed non-confidential and non-proprietary. By submitting or posting any User Content, you grant to SUPASOFT APPAREL and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, including but not limited to in stores, printed marketing materials, emails, web pages, social media accounts and for any other marketing, advertising, public relations, sales or promotional purposes with or without attribution and without further notice to you. Neither you, nor any other person or entity, will have the right to (i) receive any royalty or consideration of any kind for the use of the User Content pursuant to these Terms or (ii) inspect or approve the editorial copy or other material that may be used in connection with the User Content. SUPASOFT APPAREL will be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products that incorporate or otherwise rely upon such information. SUPASOFT APPAREL shall have no obligation to monitor User Content, use or display User Content, compensate you for submitting User Content or respond to any User Content. SUPASOFT APPAREL retains the right, in its sole discretion and without prior notice, to remove, revise or refuse to post any User Content for any reason or no reason. Subject to the licenses granted in these Terms, you retain ownership of any copyright and other rights you may have in the User Content.
By submitting or posting User Content on the Site, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that (i) you own or control any and all rights in and to the User Content, and the right to grant all of the rights and licenses in these Terms, and if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity; (ii) you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; (iii) you are 18 years of age or older; and (iv) the User Content does not (a) contain false or misleading information, (b) infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, (c) contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, (d) contain any addresses, email addresses, phone numbers or any contact information or (e) contain computer viruses, worms or other harmful files. Upon request by SUPASOFT APPAREL, you will furnish SUPASOFT APPAREL any documentation, substantiation or releases necessary to verify your compliance with these Terms. You are solely responsible for the User Content and you hereby agree to indemnify and hold SUPASOFT APPAREL and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
SUPASOFT APPAREL does not guarantee the truthfulness, accuracy or reliability of any User Content or endorse any opinions expressed by you or anyone else. By submitting or posting the User Content you fully and unconditionally release and forever discharge SUPASOFT APPAREL and its officers, directors, employees and agents from any and all claims, demands and damages (actual or consequential, direct or indirect), whether now known or unknown, of every kind and nature relating to, arising out of or in any way connected with: (i) disputes between you and one or more users or any other person or entity, or (ii) the use by SUPASOFT APPAREL or you of the User Content, including, without limitation, any and all claims that use of the User Content pursuant to these Terms violates any of your intellectual property rights, copyrights, rights of publicity or privacy, "moral rights," or rights of attribution and integrity. You acknowledge and agree that SUPASOFT APPAREL has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any User Content. SUPASOFT APPAREL acts as a passive conduit for User Content and has no obligation to screen or monitor User Content. If SUPASOFT APPAREL becomes aware of any User Content that allegedly may not conform to these Terms, SUPASOFT APPAREL may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms. SUPASOFT APPAREL has no liability or responsibility to Users for performance or nonperformance of such activities.
SUPASOFT APPAREL HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST SUPASOFT APPAREL FOR SUCH REMOVAL AND/OR DELETION. SUPASOFT APPAREL IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE OR ANY OTHER SITES OR PLATFORMS.
SUPASOFT APPAREL respects the intellectual property of others, and we ask our users and visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SUPASOFT APPAREL with the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512 ("DMCA"). Please be advised that to be effective, the Notice must include ALL of the following:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
information reasonably sufficient to permit us to contact the complaining party;
a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement and counter-notices should be directed to:
By mail:
SUPASOFT INC
Attn: Legal
16898 S MAIN ST.
GARDENA, CA 90248
By email: [email protected]
(For both mail and email notices, please include "Notice of Infringement" in the subject line.)
Upon receipt of notices complying with the DMCA, SUPASOFT APPAREL will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.We may give you notice that we have removed or disabled access to certain content or material. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
statement from you under the penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a U.S. Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which SUPASOFT APPAREL may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SUPASOFT APPAREL ABOUT INFRINGEMENTS OF COPYRIGHTED MATERIAL. ALL OTHER INQUIRIES, SUCH AS PRODUCT- OR SERVICE-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND INSTEAD SHOULD BE SENT THROUGH THE MEANS DESCRIBED IN OUR "CONTACT US" PAGE OF THIS WEBSITE.
DISCLAIMERS AND LIMITATION OF LIABILITY
SUPASOFT APPAREL publishes information on its Site as a convenience to its visitors. While SUPASOFT APPAREL attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The SUPASOFT APPAREL products described on the Site may not be available in your region. SUPASOFT APPAREL does not claim that the information on the Site is appropriate to your jurisdiction or that the products described on its Site will be available for purchase in all jurisdictions. SUPASOFT APPAREL is not responsible for any potential reactions, allergic or otherwise, that you experience when purchasing our products. Our products comply with all required federal and local regulations as to fabric content. If you have questions about particular fabrics and potential allergies, we suggest you consult with your physician before making a purchase via this Website.
You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." SUPASOFT APPAREL DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, FUNCTIONS AND SERVICES PROVIDED ON THE SITE, WHICH ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS OR CONTENT OF INFORMATION, UNINTERRUPTED ACCESS AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUPASOFT APPAREL DOES NOT WARRANT THAT THE SITE OR ITS FUNCTION OR THE CONTENT AND MATERIALS OR THE SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SUPASOFT APPAREL MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SUPASOFT APPAREL makes no warranties of any kind regarding any non- SUPASOFT APPAREL sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and SUPASOFT APPAREL makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non- SUPASOFT APPAREL sites. SUPASOFT APPAREL does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
IN NO EVENT SHALL SUPASOFT APPAREL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SUPASOFT APPAREL OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold SUPASOFT APPAREL, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, without giving effect to any conflict of law provisions, except to the extent governed by federal law.
These Terms, along with the Privacy Policy and the Cookie Policy as well as any Terms and Conditions applicable to your account on and/or any purchases made through the Website, collectively constitute the entire agreement between you and SUPASOFT APPAREL and govern your use of the Site, and they supersede any prior agreements between you and SUPASOFT APPAREL. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site. In the event of any conflict between these Terms and any other terms and conditions agreed to between You and SUPASOFT APPAREL, including without limitation those terms and conditions applicable to any account registration or purchase of SUPASOFT APPAREL products, those other terms shall apply and supersede these Terms. SUPASOFT APPAREL may terminate this Agreement and deny you access to the Site at any time, immediately and without notice, if in SUPASOFT APPAREL's sole discretion you fail to comply with any provision of these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between SUPASOFT APPAREL and you as a result of this Agreement or your use of the Site. Any claim or cause of action you may have with respect to SUPASOFT APPAREL or the Site must be commenced within one (1) year after the claim or cause of action arose. The failure of SUPASOFT APPAREL to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
You may not assign the Terms or any of your rights or obligations under the Terms without SUPASOFT APPAREL's express written consent. The Terms insure to the benefit of SUPASOFT APPAREL's successors, assigns, affiliates and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us, please refer to our "Contact Us" page of this website.
