Terms — ALLCHARACTERSWELCOME*®

ALLCHARACTERSWELCOME
Terms of Service (Sale / Use)
Update Date: March 12, 2023
PLEASE READ THIS TERMS OF USE AGREEMENT (“AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER”) AND ALLCHARACTERSWELCOME (“ACW,” “COMPANY,” “WE,” OR “US”).

SECTION 12 OF THIS AGREEMENT IS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 12 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.

By accessing or using allcharacterswelcome.com, or any other website with an authorized link to this Agreement (“Website”), registering an account or accessing or using any content, information, services, features or resources available or enabled via the Website (collectively, the “Services”), or clicking on a button or taking another action to signify your acceptance of this Agreement, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; and (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

Subject to Section 12.8 of this Agreement, ACW reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Our store is hosted on Squarespace, Inc. They provide us with the online e-commerce platform that allows us to sell our Products to you.

Products. Certain merchandise (“Products”) may be available exclusively online through the website. These Products may have limited quantities and are subject to return or exchange only in accordance with ACW’s return policy, set forth in the Returns available at https://allcharacterswelcome.com/returns. We have made every effort to display as accurately as possible the colors and images of our Products. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer. Products are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Products made on the Services is void where prohibited.
Order Process.
Order Acceptance. Each part of any order that you submit to ACW constitutes an offer to purchase. If you do not receive a message from ACW confirming receipt of your order, please submit a ticket to our Customer Service department here: https://marketmarketmarket.com/contact before re-submitting your order. ACW’s confirmation of receipt of your order does not constitute ACW's acceptance of your order. ACW is only deemed to have accepted your order once the product(s) you ordered have been shipped (the “Product”).
Order Issues. Although we strive to accept all valid orders, ACW reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product or receive insufficient or erroneous billing, payment, and/or shipping information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute.
Order Cancellation. If any Product is discontinued or otherwise becomes unavailable, ACW reserves the right to cancel your order and provide you a refund for the amount paid for the Product.
Restrictions on Resale. To protect the intellectual property rights of ACW and its licensors and suppliers, any resale of Products for personal and/or business profit is strictly prohibited. ACW reserves the right to decline any order that we deem to possess characteristics of reselling.
Fees and Purchase Terms.
Payment. You agree to pay for all orders made from your Account in accordance with the prices and billing terms in effect at the time an order is made from your Account. You also agree to pay all applicable taxes. To make an order through the Services, you must provide valid payment information. By providing your payment information, you agree that ACW is authorized to immediately invoice your Account for all fees and charges due and payable to ACW hereunder and that no additional notice or consent is required. You agree to immediately notify ACW of any change in your billing address, debit card, credit card, or other relevant payment account information. ACW allows you to make purchases using a credit card or your account information on Amazon Payments, Inc. (“Amazon Pay”), Google Inc. (“Google Pay”) and PayPal, Inc. (“PayPal”), which are our third-party service providers for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Services, you agree to be bound by Amazon Pay’s Customer Agreement available at https://pay.amazon.com/us/help/201212430 and Privacy Notice available at https://pay.amazon.com/us/help/201751600; Google Pay’s Terms of Service available at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=und#SafeHtmlFilter_US and Privacy Notice at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=privacynotice; and PayPal’s User Agreement available at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full and Privacy Policy available at https://www.paypal.com/us/webapps/mpp/ua/privacy-full, as applicable. You hereby consent to provide and authorize ACW, Amazon Pay, Google Pay, PayPal, and Squarespace to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with the Terms, including personal, financial, credit card payment, and transaction information.
Refunds. Except as set forth in any separate refund policy posted on the Website (including at https://allcharacterswelcome.com/returns), all fees are non-refundable.
Discounts and Promo Codes. We may, in our sole discretion, create discounts and promotional codes that may be redeemed for credit in your Account, or other features or benefits, subject to any additional terms that we establish on a per promotional code basis (“Promo Codes”). Promo Codes may only be used once per person. Only Promo Codes sent to you through official ACW communications channels are valid. You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold, or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by us; (iii) may be disabled by us at any time for any reason without liability to us; (iv) may only be used pursuant to the specific terms that we establish for such Promo Code; (v) are not redeemable for cash; and (vi) may expire prior to your use.
Ownership of and License to Use Services.
Use of the Services. ACW and its suppliers own all rights, title and interest in the Services. The Services are protected by copyright and other intellectual property laws throughout the world. Subject to this Agreement, ACW grants you a limited license to access the Website and use the Services solely for your personal non-commercial purposes. Any future release, update or other addition to the Services shall be subject to this Agreement. ACW, its suppliers and service providers reserve all rights not granted in this Agreement.
Trademarks. ACW’s stylized name and other related graphics, logos, trademarks, service marks and trade names used on or in connection with the Services are the property of ACW and may not be used without our written permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners. You will not remove, alter or obscure any copyright notice, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
Restrictions on Use of Services. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (b) you shall not frame or use framing techniques to enclose any trademark, service mark, logo or Services (including images, text, page layout or form) of ACW; (c) you shall not use any metatags or other “hidden text” using ACW's name, service marks, or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from the Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access the Services to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Services; (i) you shall not interfere with or attempt to interfere with the proper functioning of the Services or use the Services in any way not expressly permitted by this Agreement; and (j) you shall not attempt to harm our Services, including but not limited to, by violating or attempting to violate any related security features, introducing viruses, worms, or similar harmful code into the Services, or interfering or attempting to interfere with use of the Services by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the Services. Any unauthorized use of the Services terminates the licenses granted by ACW pursuant to this Agreement.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to ACW (“Feedback”) is at your own risk and that ACW has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ACW a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the Services.
Third-Party Products and Services. The Services may contain links to third-party services such as third party websites or advertisements (“Third-Party Services”) as well as products that are provided or made available by third parties (“Third-Party Products”). When you click on such a link, we will not warn you that you have left the Services. ACW does not control and is not responsible for Third-Party Services or Third-Party Products. ACW provides these Third-Party Products and Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to them, or any content, products or services accessible through such links. Your use of all Third-Party Services and Third-Party Products is at your own risk.
Indemnification. You agree to indemnify and hold ACW, its corporate parents, subsidiaries, and affiliates, and the officers, directors, employees, agents, representatives, partners and licensors of each (collectively, the “ACW Indemnitees”) harmless from any damages, losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any claims concerning: (a) your misuse of the Services; (b) your violation of this Agreement; (c) your violation of any rights of another party, including any Users; or (d) your violation of any applicable laws, rules or regulations. ACW reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ACW in asserting any available defenses. This provision does not require you to indemnify any of the ACW Indemnitees for any unconscionable commercial practice by such party or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact. You agree that the provisions in this section will survive any termination of your Account, this Agreement or your access to the Services.
Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES AND ANY PRODUCTS OFFERED THROUGH THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES AND ANY PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MARKET INDEMNITEES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE PRODUCTS AND SERVICES.

DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS, PRODUCTS, PRICES, AND AVAILABILITY OF ANY PRODUCTS ARE SUBJECT TO CHANGE WITHOUT NOTICE. OUR CURRENT PRICES CAN BE FOUND ON THE SERVICES. THE INCLUSION OF ANY PRODUCTS ON THE SERVICES AT A PARTICULAR TIME DOES NOT IMPLY OR WARRANT THAT THESE PRODUCTS WILL BE AVAILABLE AT ANY TIME.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability.
Disclaimer of Certain Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ACW INDEMNITEES SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE OR FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF DATA, PRODUCTION, OR USE, BUSINESS INTERRUPTION OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT ACW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE ACW INDEMNITEES ARE LIABLE TO YOU EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO ACW BY YOU FOR THE PRODUCTS GIVING RISE TO THE LIABILITY.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MARKET AND YOU.
Exclusions. THE LAWS OF SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE OTHER RIGHTS.
Termination. At its sole discretion, ACW may modify or discontinue the Services, or may modify, suspend or terminate your access to the Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the Services, ACW reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress. Even after your right to use the Services is terminated, this Agreement will remain enforceable against you and unpaid amounts you owe to ACW for Products purchased will remain due. Upon termination of this Agreement, all provisions which by their nature are intended to survive termination will survive, including without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
International Users. The Services are controlled and offered by ACW from its facilities in the United States of America. ACW makes no representations that the Services are appropriate or available for use in other locations or that we ship to your location. Those who access or use the Services from other countries do so at their own volition and are responsible for compliance with local law.
Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ACW, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “ACW Parties”) and limits the manner in which you can seek relief from the Market Parties.
Applicability of Arbitration Agreement. You agree that any dispute between you and any of the ACW Parties relating in any way to the Services, the Products, or this Agreement, will be resolved by binding arbitration, rather than in court, except that (1) you and the ACW Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the ACW Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of this Agreement and shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement. This Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against the ACW Parties on your behalf.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to info@acwjny.com The arbitration will be conducted by an established alternative dispute resolution provider. Disputes involving claims and counterclaims with an amount in controversy under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to the most current version of the Streamlined Arbitration Rules and procedures. If the arbitrator finds that you cannot afford to pay filing, administrative, hearing and/or other fees and you cannot obtain a waiver, ACW will pay them for you.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the U.S. county where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve all disputes subject to arbitration hereunder including, without limitation, any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement and any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will decide the rights and liabilities, if any, of you and the ACW Parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual party under applicable law, the arbitral forum’s rules, and this Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the ACW Parties.
Waiver of Jury Trial. EXCEPT AS SPECIFIED IN SECTION 12.1, YOU AND THE ACW PARTIES HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the ACW Parties are instead electing that all covered claims and disputes shall be resolved exclusively by arbitration under this Arbitration Agreement, except as specified in Section 12.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU AND EACH OF THE ACW PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ALL CLAIMS AND DISPUTES SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE FOR CLAIMS SUBJECT TO ARBITRATION UNDER THIS ARBITRATION AGREEMENT, AND CLAIMS OF ONE USER OR PERSON CANNOT BE ARBITRATED OR CONSOLIDATED WITH CLAIMS OF ANY OTHER USER OR PERSON. If applicable law precludes enforcement of any of this Section 12.5’s limitations as to a given claim for relief, then the applicable claim must be severed from the arbitration and may be brought into the state or federal courts located in California in accordance with Section 13.5. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending a timely written notice of your decision to opt out to the following address: info@acwjny.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and a clear statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or may enter into in the future with us.
Survival of Agreement. This Arbitration Agreement will survive the termination or expiration of the Agreement or your relationship with ACW.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ACW makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Market at the following address: info@acwjny.com
General Provisions.
Electronic Communications. The communications between you and ACW use electronic means, whether you visit the Services or send ACW e-mails, or whether ACW posts notices on the Services or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from ACW in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications and documents that ACW provides to you electronically will have the same legal effect that such communications or documents would have if they were set forth in “writing.” The foregoing sentence does not affect your statutory rights.
Assignment. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ACW’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. ACW shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Services, please contact our customer service department using the contact information available on the Services. We will do our best to address your concerns.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and ACW agree that all claims and disputes arising out of or relating to this Agreement that are not brought in a small claims court pursuant to Section 12.1 will be litigated exclusively in the state courts in San Francisco County, California or federal courts located in the Northern District of California.
Governing Law. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAW OR OTHER PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THIS AGREEMENT.
Notice. Where ACW requires that you provide an e-mail address, you are responsible for providing ACW with your most current e-mail address. In the event that the last e-mail address you provided to ACW is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, ACW’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ACW at the following address: info@acwjny.com. Such notice shall be deemed given when received by ACW by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. Subject to Section 12.5, if any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Export Control. You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

ALLCHARACTERSWELCOME Preset Terms of Sale

These Terms of Sale (these “Terms”) govern your access to and use of tools and presets (each, a “Preset”) made available by ALLCHARACTERSWELCOME. (“ACW,” “we,” “us” or “our”). ACW is a forward-thinking streetwear apparel and accessory brand that makes its products available via various distribution channels and retail outlets, including, without limitation, via the ACW website located at www.allcharacterswelcome.com (the “ACW Platform”). Users will have the ability to purchase a bundle of one or more Presets offered on the ACW Platform (“Preset Pack”). Such purchases and use are subject to this Agreement.

PLEASE READ THESE TERMS CAREFULLY. THE ACW PLATFORM AND ANY INFORMATION ON IT ARE CONTROLLED BY ACW. THESE TERMS GOVERN YOUR USE OF THE ACW PLATFORM, PRESETS, AND PRESET PACKS, AND APPLY TO ALL INTERNET USERS VISITING THE ACW PLATFORM. BY ACCESSING OR USING THE ACW PLATFORM IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE ACW PLATFORM TO VIEW OR PURCHASE THE PRESETS (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) THESE TERMS APPLY TO YOU. BY CLICKING ON THE “I ACCEPT” BUTTON AND/OR BROWSING THE ACW PLATFORM, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH ACW, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER OF THE ACW PLATFORM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE ACW PLATFORM, INCLUDING ANY PURCHASE OR USE OF THE PRESETS.

PLEASE BE AWARE THAT SECTION 9 (DISPUTE RESOLUTION) OF THIS AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

PLEASE BE AWARE THAT SECTION 1.2 (ACW COMMUNICATIONS) OF THIS AGREEMENT, BELOW, CONTAINS YOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US, INCLUDING VIA E-MAIL, TEXT MESSAGE, AND CALLS.

Your use of, participation in, or purchase of certain Presets may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Presets. These Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.”

ACW reserves the right to change or modify this Agreement at any time and in our sole discretion. If we make changes to this Agreement, we will provide notice of such changes, such as by sending an email notification, providing notice through the ACW Platform or updating the “Last Updated” date at the beginning of this Agreement. By continuing to access or use the ACW Platform at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review this Agreement frequently to ensure that you understand the terms and conditions that apply when you access or use the ACW Platform. If you do not agree to the revised Terms, you may not access or use the ACW Platform.

USE OF THE ACW PLATFORM. The ACW Platform is protected by copyright laws throughout the world. Unless otherwise specified by ACW in a separate license, your right to use any and all ACW Platform is subject to the Agreement.

Certain Restrictions. As a condition of use, you agree not to use Presets for any purpose that is prohibited by this Agreement or by applicable law. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Presets or any portion of the Presets; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other ACW Platform (including images, text, page layout or form) of ACW; (c) you shall not use any metatags or other “hidden text” using ACW’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of ACW Platform or Presets except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the ACW Platform (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the ACW Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of the Presets may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Preset. Any future release, update or other addition to the Presets shall be subject to the Agreement. ACW, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any Presets terminates the licenses granted by ACW pursuant to the Agreement.
ACW Communications. By entering into this Agreement or using the ACW Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your use of the ACW Platform and/or Presets, updates concerning new and existing features on the ACW Platform, communications concerning promotions run by us or our third-party partners, and news concerning the ACW and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages that we send. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE ACW PLATFORM OR RELATED SERVICES, INCLUDING THE PRESETS.
ACW Platform. You agree that ACWand its suppliers own all rights, title and interest in ACW Platform. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any ACW Platform.
and all related graphics, logos, service marks and trade names used on or in connection with any ACW Platform or in connection with the Services are the trademarks of ACW and may not be used without permission in connection with your, or any third-party, products or services. Other trademarks, service marks and trade names that may appear on or in ACW Platform are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to ACW through its suggestion, feedback, forum, or similar pages (“Feedback”) is at your own risk and that ACW has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to ACW a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of ACW Platform and/or ACW’s business.

FEES AND PURCHASE TERMS.

General Purpose of Agreement: Sale of Goods, not Software. The purpose of the Agreement is for you to secure access to the Presets. All fees set forth within and paid by you under the Agreement shall be considered solely in furtherance of this purpose. In no way are these fees paid considered payment for the sale, license, or use of ACW’s Platform, and, furthermore, any use of ACW’s Platform by you in furtherance of the Agreement will be considered merely in support of the purpose of the Agreement.
You agree to pay all fees or charges to your purchase in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide ACW with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to purchase the Presets. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing ACW with your credit card number or PayPal account and associated payment information, you agree that ACW is authorized to immediately invoice you for all fees and charges due and payable to ACW hereunder and that no additional notice or consent is required. You agree to immediately notify ACW of any change in your billing address or the credit card or PayPal account used for payment hereunder. ACW reserves the right at any time to change its prices and billing methods, either immediately upon posting on ACW Platform or by e-mail delivery to you.
Order Acceptance; Returns. Your receipt of an electronic or other form of order confirmation does not signify ACW’s acceptance of your order, nor does it constitute confirmation of our offer to sell. ACW reserves the right at any time after receipt of your order to accept or decline your order for any reason. ACW further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by ACW upon our delivery of the products that you have ordered. We may require additional verifications or information before accepting any order. All sales of products are subject to ACW ’s then-current return policies, and you acknowledge and agree that ACW, in its sole and absolute discretion, may not permit any returns.
If the Preset, or payments for the Presets, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to ACW, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify ACW for any liability or expense ACW may incur in connection with such Sales Taxes. Upon ACW ’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Withholding Taxes. You agree to make all payments of fees to ACW free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to ACW will be your sole responsibility, and you will provide ACW with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.
Free Trials and Other Promotions. Any free trial or other promotion that provides user level access to the Presets must be used within the specified time of the trial. At the end of the trial period, your use of that Presets will expire and any further use of the Presets is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact ACW to have the charges reversed.

Indemnification. You agree to indemnify and hold ACW, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “ACW Party” and collectively, the “ACW Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) your use of, or inability to use, any Preset Packs; (b) your violation of the Agreement; (c) your violation of any rights of another party, including other users purchasing the Presets; or (d) your violation of any applicable laws, rules or regulations. ACW reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ACW in asserting any available defenses. This provision does not require you to indemnify any of the ACW Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, or suppression or omission of any material fact in connection with the ACW Platform or any Presets provided hereunder. You agree that the provisions in this section will survive any termination of your use of the ACW Platform and/or Presets, the Agreement and/or your access to ACW Platform.
DISCLAIMER OF WARRANTIES AND CONDITIONS.

As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE PRESETS IS AT YOUR SOLE RISK, AND THE PRESETS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. ACW PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE PRESETS. This Section 5 (Disclaimer of Warranties and Conditions) does not affect in any way our return policy or limited warranty for goods purchased on the ACW Platform.

ACW PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) PRESETS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF PRESETS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF PRESETS WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE PRESETS IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE PRESETS, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE ACW PLATFORM MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. ACW MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO PRESETS, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THE PRESETS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ACW OR THROUGH ACW PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT ACW PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD ACW PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
Third-Party Materials. As a part of ACW Platform, you may have access to materials that are hosted by another party. You agree that it is impossible for ACW to monitor such materials and that you access these materials at your own risk.

LIMITATION OF LIABILITY.

Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL ACW PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT ACW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF ACW PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (a) THE USE OR INABILITY TO USE ACW PROPERTIES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH ACW PROPERTIES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ACW PROPERTIES; OR (e) ANY OTHER MATTER RELATED TO ACW PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A ACW PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ACW PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ACW PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, ACW PARTIES WILL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (a) THE TOTAL AMOUNT PAID TO ACW by you during the one-month period prior to the act, omission or occurrence giving rise to such liability; (b) $100; or (c) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A ACW PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A ACW PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A ACW PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ACW AND YOU.

MONITORING AND ENFORCEMENT. ACW reserves the right to: (a) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ACW Platform; and/or (c) terminate or suspend your access to all or part of the ACW Platform for any or no reason, including without limitation, any violation of this Agreement.

If ACW becomes aware of any possible violations by you of the Agreement, ACW reserves the right to investigate such violations. If, as a result of the investigation, ACW believes that criminal activity has occurred, ACW reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. ACW is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in ACW Platform, in ACW ’s possession in connection with your use of ACW Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Agreement, (iii) respond to any claims that your acts or omissions violate the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of ACW, its users or the public, and all enforcement or other government officials, as ACW in its sole discretion believes to be necessary or appropriate.

TERM AND TERMINATION.

The Agreement commences on the date when you accept them (as described in the preamble above) and remain in full force and effect while you access or use the Presets, unless terminated earlier in accordance with the Agreement.
Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used ACW Platform to view or access the Presets or (b) the date you accepted the Agreement, and will remain in full force and effect while you use any ACW Platform, unless earlier terminated in accordance with the Agreement.
Effect of Termination. Termination under this Agreement includes removal of access to such Presets and barring of further use of the Presets. Upon termination of any Presets, your right to use such Presets will automatically terminate immediately. You understand that any termination of Presets may involve deletion of your information associated therewith from our live databases. ACW will not have any liability whatsoever to you for any suspension or termination, including for deletion of your information. All provisions of the Agreement which by their nature should survive, shall survive termination of Presets, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

DISPUTE RESOLUTION. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with ACW and limits the manner in which you can seek relief from us.

Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the ACW Platform and/or Presets, to any products sold or distributed through the ACW Platform, or to any aspect of your relationship with ACW, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify,; and (b) you or ACW may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to info@acwjny.com The arbitration will be conducted by an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to most current version of the Streamlined Arbitration Rules and procedures. If the arbitrator finds that you cannot afford to pay filing, administrative, hearing and/or other fees and cannot obtain a waiver, ACW will pay them for you. In addition, ACW will reimburse all such filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.

You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and ACW. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
Waiver of Jury Trial. YOU AND ACW HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and ACW are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 1 (Applicability of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@acwjny.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your ACW username (if any), the email address you used to set up your ACW account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. Except as provided in Section 5 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with ACW.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if ACW makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing ACW at the following address: info@acwjny.com.

THIRD-PARTY SERVICES. The ACW uses Squarespace, Inc. and its affiliates, and Google LLC and its affiliates as the third party service providers for payment services (e.g., card acceptance, merchant settlement, and related services) (each, a “Third Party Service Provider”). By buying on any Preset Packs, you agree to be bound by Squarespace’s Privacy Policy (currently accessible at https://www.squarespace.com/privacy) and its Terms of Service (currently accessible at https://shop.app/terms-of-service), Google’s Privacy Policy (currently accessible at https://policies.google.com/privacy) and the Google Pay Terms of Service (currently accessible at https://payments.google.com/payments/apis-secure/u/0/get_legal_document?ldo=0&ldt=googlepaytos&ldl=und) and hereby consent and authorize ACW, Squarespace, and Google to share any information and payment instructions you provide with one or more Third Party Service Provider(s) to the minimum extent required to complete your transactions.
GENERAL PROVISIONS.

Electronic Communications. The communications between you and ACW may take place via electronic means, whether you visit ACW Platform or send ACW e-mails, or whether ACW posts notices on ACW Platform or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from ACW in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ACW provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
You hereby release the ACW Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of ACW Properties, including but not limited to, any interactions with third-party websites of any kind arising in connection with or as a result of the Agreement or your use of ACW Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a ACW Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the ACW Platform or any Services provided hereunder.
The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without ACW ’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. ACW shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to ACW Platform, please contact us at: info@acwjny.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and ACW agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in Los Angeles County, California.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the AGREEMENT.
Choice of Language. It is the express wish of the parties that the Agreement and all related documents have been drawn up in English.
Where ACW requires that you provide an e-mail address, you are responsible for providing ACW with your most current e-mail address. In the event that the last e-mail address you provided to ACW is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, ACW ’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to ACW at the following address: info@acwjny.com. Such notice shall be deemed given when received by ACW by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Export Control. You may not use, export, import, or transfer Presets or any ACW Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained ACW Properties, and any other applicable laws. In particular, but without limitation, ACW Properties may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using ACW Properties, you represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use ACW Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by ACW are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer ACW products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.