These are our Terms, by using the site and our services you are accepting them and indicating you have read and agree to them. These are the rules…

Terms of Use: Evidence Man is a fashion retailer that blends expert styling, proprietary technology and unique products to deliver an easy, enjoyable, personalized shopping experience. Evidence Man, Inc. (“Evidence Man”, “we”, “us”, or “our”) offers a service that gives you access to clothing and accessories (“Products”) from established and up-and-coming brands. The following terms and conditions (the “Terms of Use” or “Terms”) form a binding agreement between you and us, and govern your use of the website located at www.evidenceman.com (the “Site”), our mobile application(s) entitled “Evidence Man” (the “App”), the services offered through the Site and App, and any orders that you place (collectively, the “Services”).

Please read these terms of use carefully. These Terms of Use include a class action waiver and require binding arbitration on an individual basis to resolve disputes, rather than a jury trial, under the section titled “Dispute Resolution.” By creating an account, ordering a shipment (a “Custom Apparel Order”), purchasing products, using the Services, or otherwise indicating your assent to these Terms, you agree to be bound by these Terms of Use and you represent and warrant 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 us, and (3) you have the authority to enter into the Terms (on behalf of yourself or the entity that you represent). If you do not wish to be bound by these Terms of Use, you may not access or use the Services or order or purchase any Products.

These Terms of Use are subject to occasional revision. We will notify you of any changes to our Terms of Use by posting the new Terms of Use here: www.evidenceman.com/terms and updating the ‘Last Updated’ date below. At our discretion, we may also notify you of certain changes by sending you an email to the email address associated with your account. You are responsible for providing us with your current e-mail address, which you may do when you create an account, and you may update it by modifying the information when logged in to your Account. For existing users of the Services, any changes to these Terms of Use will be effective thirty (30) calendar days following our posting of the changes on our Services. These changes will be effective immediately for new users of the Services. Continued use of the Services, including purchasing Products from us, following such changes will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Please regularly checkwww.evidenceman.com/terms to view the then-current Terms.

TYPES OF USERS

You may simply browse the Site or App as an anonymous visitor or you may create an account (“Account”) to become a client (“Client”). You must be a Client to order Custom Apparel Order and purchase Products.

ACCOUNTS

To become a Client, you must provide your name, email address, other registration information, and select a password (“Account Information”), which you should not share with any third parties. Alternatively, you can create an Account and become a Client using your valid social networking service (“SNS”) account, by entering your SNS credentials and connecting to the Services. In becoming a Client, you represent and warrant that: (a) all required Account Information you submit is truthful and accurate, and (b) you will maintain the accuracy of such Account Information. We will also ask you for additional information when you make “Custom Apparel Orders” about you, including your size, fit, and style preferences in order to establish your style profile (“Style Profile”). In order for the Services work best for you, please keep your Style Profile up to date. Please also keep your Account Information confidential. If someone accesses our Services using your Account Information, we will rely on that Account Information and will assume that it is really you or someone you have authorized who is accessing the Services. You are solely responsible for any and all use of your Account Information and all activities (including orders placed through the Services) that occur under or in connection with your Account. We reserve the right to take whatever action we deem necessary to preserve the security of the Services and your Account, including without limitation terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Services under your Account. You may not use anyone else’s Account at any time without the permission of the Account holder. Please notify us immediately if you become aware that your Account Information is being used without authorization. You agree not to register for more than one Account, register for an Account on behalf of an individual other than yourself without such individual’s authorization, or register for an Account on behalf of any group or entity. You must be at least 18 years old to be a Client. If we later discover or suspect that a person under 18 years old has requested a Custom Apparel Order, we reserve the right to take steps to cancel that request.

We created interfaces that allow you to connect with SNS’s such as Facebook or Google through the Services. By granting us access to your SNS account, you understand that, subject to privacy restrictions, we may access, make available, and store any information that you have made available to us by your SNS account (“SNS Content”) accessible through the Services so that it is available on your Account. Unless otherwise specified in the Terms of Use, all SNS Content will be deemed Your Content (as defined below) for all purposes of the Terms of Use. Please note that if an SNS account or associated service becomes unavailable or the Services’ access to such SNS account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Services and you may have difficulty accessing the Services. You can revoke our access to any SNS at any time by disconnecting your SNS account via your Account. Please note that your relationship with each SNS is governed solely by your agreement(s) with such SNS, and we disclaim any liability for personally identifiable information that may be provided to us by an SNS in violation of the privacy settings that you have set in the SNS. We make no effort to review any SNS Content for any purpose, including without limitation for accuracy, legality or noninfringement, and we are not responsible for any SNS Content.

SHIPMENTS, RETURNS, AND EXCHANGES

Custom Apparel Order Shipments. When you sign up for a Custom Apparel Order, we will send you Products customized to your measurements and created by Evidence Man tailor. Available ship dates are determined at our discretion and may vary based on a variety of factors, including without limitation inventory from suppliers, geography, and automatic shipping preference. You may also be able to select particular items and style elements to be included in your Custom Apparel Order. You will be able to evaluate the invoice for the Custom Apparel Order before it is finalized and the Tailor begins sewing or creating the items so you will not have any surprises regarding the final total due for the Custom Apparel Order.

Direct Purchases. You may be able to select Products to be delivered separately from a Custom Apparel Order. Such purchases shall be referred to herein as “Direct Purchases.” To place an order for a Direct Purchase, you will be required to follow the purchase process on the Services to submit the order, which we may accept by shipping you the Products.

Data Check. When you send us a request for a Custom Apparel Order, our payment processing provider or a third party service provider may attempt to verify your address and check for potential fraud.

Scheduling. If you are a Client, you may schedule a Custom Apparel Order through the Services. You may also request that we automatically send you a Custom Apparel Order on a specified cadence, without waiting for you to manually schedule each Custom Apparel Order. If you order any Custom Apparel Order, whether manually or automatically, you authorize us to charge you for the Tailoring Fee in accordance with these Terms of Use. You may not change the specifics your Custom Apparel Order once it is finalized with the Tailor. As explained in the Tailoring Fee and Payment section, you are responsible for: (i) the Tailoring Fee for any Custom Apparel Order that is not cancelled with the required notice and (ii) the price of any Products that are not returned in accordance with our policies. These Terms of Use will govern any Custom Apparel Order. We may refuse to ship to any address for any reason including because it is outside the geographic area that we serve or it is to an address that we determine may be associated with fraudulent purchases.

Sending Back or Returning Products during the Eligible Return or “Try-On” Period. If you want to send back any of the Products in your Custom Apparel Order, simply place them in the return package we provide and mail them back to us at no cost to you. Any Products sent back must be postmarked no later than three (3) days after you receive the package (the “Try-On Period”) and must be unworn and in the original condition. You will retain title to the Products and risk of loss of the Products will remain with you until we receive the Products and we determine that the Products were returned unworn and in their original condition, at which point you will be deemed to have rejected the Products and title will return to us. We will assume that you have chosen to keep any Products in the Custom Apparel Order that you do not postmark back to us by the end of the Try-On Period, will be ineligible for Return after the end of the Try-On Period. Any exceptions permitting a return postmarked later than the end of the Try-On Period must be requested in a timely manner and may be granted at the sole discretion of Evidence Man.

Purchased Item Returns. If you want to return any Products you’ve previously purchased, please consult our returns policy here: Returns Policy.

Custom Apparel Order Exchanges. If you want to exchange any of the Products in your Custom Apparel Order (e.g., for a different size), you can request an exchange by accessing your Account and proceeding through the check-out flow for your Custom Apparel Order. If an exchange is available for a particular Product, you will be given the choice to exchange. An exchange may not be available in all cases. If you elect to receive an exchange, return the original Product in the prepaid return package by the end of the Try-On Period. The exchange Product will be sent separately to you. If you fail to return the original Product by the end of the Try-On Period or if the original Product is damaged or shows signs of wear, Evidence Man may charge you for both the original Product and the exchange Product. If you receive the exchange Product and wish to return it, you can send it back in the pre-paid return marked package within three (3) days of your receipt of the exchange Product.

Direct Purchase Exchanges. Unfortunately, we cannot guarantee that you will be able to exchange or replace any item. If you want to exchange any item not received in a Custom Apparel Order please contact us and we will look into the availability of a new product based on raw material availability.

Legal Details. Your scheduling of a Custom Apparel Order or making a Direct Purchase is an offer to purchase the Products. We may accept your offer by processing your Tailoring Fee payment and shipping you the Custom Apparel Order, or by shipping the Direct Purchase. For any reason, we may decline to accept your request for a Custom Apparel Order. If we decline to accept your request for a Custom Apparel Order, we may attempt to notify you at the email address you provided. All Products will be deemed accepted by you upon shipment, and title to and risk of loss passes to you when we provide the Products to a common carrier. Excluding any User Content, we strive to ensure that the information on the Services is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. Products displayed may be out of stock or discontinued, and prices are subject to change. We reserve the right to limit quantities purchased by Clients. We do not guarantee that all Products described on our Services will be available. In an effort to enhance your shopping experience and give as many customers as possible the opportunity to purchase Products, we may place limits on purchases and we do not authorize the purchase of commercial quantities of our Products via the website www.evidenceman.com to purchase commercial quantities of our products you must Contact Us. We further reserve the right to cease doing business with customers who violate this policy.

TAILORING FEE AND PAYMENT

Prior to shipping you a Custom Apparel Order, we will charge you a non-refundable “Tailoring Fee” in the amount set forth on the Services. The Tailoring Fee will be charged to your credit card or other payment method between the time the order is placed and the time we ship your Custom Apparel Order. Within three (3) days of receiving your Custom Apparel Order, we request that you send back any Products you don’t want. If you choose to keep Products from your Custom Apparel Order, the Tailoring Fee will be credited towards the purchase price of those Products. You may pay for any Products from your Custom Apparel Order via credit card or other payment method then available on the Services. If you have a credit in your Account at the time of processing the Tailoring Fee or paying for Products, the credit will be applied before we charge your credit card or other payment method then available. By submitting your payment information to us, you authorize us to charge your credit card or other payment method then available in accordance with these Terms. If you receive Custom Apparel Orders automatically or by subscription, you agree that we may charge the Tailoring Fee to the card or other payment method on file on a recurring basis according to the frequency you selected until you cancel automatic Custom Apparel Orders by (i) clicking the “Manage automatic Custom Apparel Orders” link on your Account homepage when you log in, choosing to stop receiving automatic Custom Apparel Orders, and following the prompts and options that follow or (ii) by emailing us at Contact US, from the email address currently associated with your account, stating that you want to stop receiving automatic Custom Apparel Orders. You may cancel an upcoming Custom Apparel Order by accessing your Account and cancelling the Custom Apparel Order at any time at least eleven (11) days’ before the Custom Apparel Order is due to ship. You represent that you will not use any credit card or other form of payment unless you have all necessary authorization to do so. We will not be liable in the event your children or others acting with or without your permission use your credit card, PayPal account, or other means of payment to make orders on the Services; however, you may report any unauthorized use to us, and we will use reasonable measures within our control to help prevent future unauthorized use of your credit card or other payment method.

PRICING AND PRODUCTS FOR CUSTOM APPAREL ORDERES

Other than for Direct Purchases, Evidence Man does not disclose the prices of its Products until you receive a Custom Apparel Order. While Evidence Man makes efforts to follow the style and price preferences you express in your Custom Order Size & Style Profile, we do not guarantee that every item in your Custom Apparel Order will meet those preferences. You are responsible for paying for all Products in your Custom Apparel Order, whether they conform to your Style Profile or not, unless you return the Products in accordance with our policies. You are responsible for the payment of any Tailoring Fees, and state and local sales taxes plus shipping that apply to your order where we elect or are required to collect and remit such taxes. If we don’t collect the applicable sales tax, you are responsible for payment of the applicable use taxes. Evidence Man may provide certain promotions or credits to customers. Depending on the type of promotion or credit offered, it may reduce the amount of state and local sales taxes that apply to your order. The application of the promotion or credit will be reflected on your receipt.

GIFT CARDS <coming soon>

You may purchase Evidence Man gift cards through the Services (“Evidence Man Gift Cards”). Evidence Man Gift Cards can be redeemed solely through our Services for Products or Tailoring Fees. Evidence Man Gift Cards cannot be redeemed for cash except where required by law. For balance information, or to replace the remaining value on a damaged card, contact: Contact Us. Evidence Man Gift Cards require no maintenance, activation, or other fees. Risk of loss and title for Evidence Man Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. Evidence Man is not responsible for lost or stolen Evidence Man Gift Cards, or for use without your or the recipient’s permission. Evidence Man reserves the right to close accounts or request alternative forms of payment if an Evidence Man Gift Card is fraudulently obtained or used. For full terms and conditions for gift cards, please visit www.evidenceman.com/gift-card-terms.

REFERRAL CREDITS

As a Client, by referring others to Evidence Man, you may participate in the Evidence Man Referral Program (the “Program”). If you are accepted into the Program, you will receive a referral credit toward future purchases (a “Referral Credit”) when you make a Qualifying Referral. In order to receive a Referral Credit, each of the following requirements must be met (collectively, a “Qualifying Referral”): (i) you must share a referral link that is unique to you with your contact who has not previously used Evidence Man; (ii) you must disclose your relationship with Evidence Man (e.g., “if you place an order, I’ll get a credit”); (iii) the referred person must register for the Services after directly clicking the unique link, (iv) the referred person must, within a reasonable period of time, order a Custom Apparel Order and meet the minimum requirements applicable at the time the referred person orders a Custom Apparel Order (e.g., spending at least $19.95 with Evidence Man), but which may vary from time to time and by Client, at Evidence Man’s sole discretion (the “Reward Criteria”), and (v) you must be a Client of the Services. Purchases using Evidence Man Gift Cards are not Qualifying Referrals.

The amount of the Referral Credit will be the amount specified on our Referral Program FAQ page available at: EM Influencer friend orders a Custom Apparel Order and meets the Reward Criteria. You may be required to pay taxes, and we may be required to withhold taxes, on the value of redeemed Referral Credits if the value exceeds certain thresholds. Referral Credits will be reflected in your Account in a commercially reasonable amount of time after the Qualifying Referral has been completed. The maximum amount of Referral Credits that you can receive in any calendar year is $599.

Restrictions. Referral Credits can be accrued solely by you and you may not earn Referral Credits by:

  • permitting another individual to use your Account;
  • creating multiple Accounts;
  • promoting your referral code through paid marketing, such as search engine or social media marketing (e.g., AdWords, Yahoo, Facebook);
  • posting your unique referral link on any public forum or coupon site that where you are not the primary content owner (e.g., you may post your referral link on your personal Facebook page or tweet it from your personal Twitter account, but you may not post it on a site like RetailMeNot or Wikipedia); or
  • upon notice, any other restriction we impose on participants in the Program.

If you are a paid Evidence Man Influencer you may not earn Referral Credits under the Program in the same calendar year that you receive payments from Evidence Man or a Evidence Man affiliate marketing partner, such as Impact.

By acquiring Referral Credits, you agree and acknowledge that Evidence Man is granting you a limited, non-transferable, revocable license to a digital item, and that Referral Credits are not your personal property. You may not obtain any cash or money in exchange for Referral Credits. You are responsible for notifying Evidence Man if you believe the number of Referral Credits in your Account is incorrect.

Evidence Man reserves the right to remove Referral Credits from an Account at any time. Unless extended by Evidence Man at our discretion, Referral Credits will automatically expire ninety (90) days from issuance.

We reserve the right to modify, suspend or terminate the Program and to void any Referral Credits upon notice to you. We may provide such notice in any way compliant with applicable law including via email to the last email address you provided to us, by amending these terms or posting a change to the Program on our Referral Program FAQ page. All Referral Credits are voided immediately upon termination of this agreement or the closing of your Account.

ACCESS TO THE SERVICES

App Stores. With respect to any App accessed through or downloaded from the Apple App Store, Google Play Store or any similar store or marketplace (each an “App Store” and references to the App Store include the corporate entity and its subsidiaries making the App Store available to you), you agree to comply with all applicable third party terms of the App Store (the “Usage Rules”) when using the App. To the extent these Terms of Use provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies.

You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the App Store. You acknowledge that these Terms of Use are between you and us and not with the App Store. We, not the App Store, are solely responsible for the App and Services, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the App or Services. You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the App or Services. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms of Use and will have the right to enforce them. Open-Source Software. Certain software code incorporated into or distributed with the Services may be licensed by third parties under various “open-source” or “public-source” software licenses (such as the GNU General Public License, the GNU Lesser General Public License, the Apache License, the Berkeley Software Distribution License, and the MIT License) (collectively, the “Open Source Software”). Notwithstanding anything to the contrary in these Terms of Use, the Open Source Software is not licensed under these Terms and instead is separately licensed pursuant to the terms and conditions of their respective open-source software licenses. You agree to comply with the terms and conditions of such open-source software license agreements.

OWNERSHIP OF INTELLECTUAL PROPERTY

You understand and acknowledge that the software, code, and proprietary methods and systems used to provide the Services (“Our Technology”), and the materials, information, and content made available or displayed by us through the Services (collectively, “Our Content”) are: (a) copyrighted by us or our licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by us or our licensors. Neither Our Content nor Our Technology may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use (a) the App on any compatible device that you own or control, and (b) the other aspects of the Services. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content or Our Technology and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms of Use grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted through the Services according to these Terms of Use. Furthermore, except for the limited license above, nothing in these Terms of Use will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology or Our Content. Certain of the names, logos, and other materials displayed on Products or in the Services constitute trademarks, trade names, service marks or logos (“Marks”) of Evidence Man or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use our Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms of Use.

CONTENT GUIDELINES

Please use good taste in any and all content, including text, links, images, and videos, you post (“Your Content”) to our Services, in our forums, comments to our blog, or on any other page or website related to Evidence Man. We reserve the right, but do not undertake an obligation, to review Your Content, and to investigate and/or take appropriate action against you or Your Content in our sole discretion if you violate the guidelines below or any other provision of these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying Your Content, terminating your Account, and/or reporting you to law enforcement authorities.

You are solely responsible for Your Content. You assume all risks associated with use of Your Content. You understand that we do not guarantee any confidentiality with respect to Your Content. You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by us. We are not obligated to back up Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. We will not be liable for the deletion or accuracy of Your Content; the failure to store, transmit, or receive transmission of Your Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services. We reserve the right in our sole discretion to pre-screen, refuse, or remove Your Content at any time for any reason. Please make sure that you only provide information to the Services that you are allowed to share without violating any obligations you may have to a third party.

We do not claim any ownership of Your Content. By making available Your Content on or in the Services, you represent that you own or have all rights necessary to make available Your Content to us. You hereby grant, and you represent and warrant that you have the right to grant, to us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensable license to license, reproduce, distribute, modify, adapt, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your Content (in whole or in part) for the purposes of including Your Content in the Services and operating, providing and promoting the Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.

GENERAL RULES OF USER CONDUCT

You agree not to (i) take any action or (ii) make available any content on or through the Services that: (A) violates any third-party right, including any intellectual property or proprietary right; (B) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; © constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (D) involves commercial activities and/or sales without our prior written consent; (E) impersonates any person or entity; (F) interferes with or attempts to interfere with the proper functioning of Our Technology in any way not expressly permitted by the Terms; or (G) attempts to engage in or engage in, any potentially harmful acts that are directed against Our Technology.

RIGHT TO SUSPEND

Evidence Man reserves the right, in our discretion, to suspend your Account, your use of the Services or the sending of Purchases or Custom Apparel Orders at any time at our discretion including, as necessary to protect the security or operation of the Services.

FEEDBACK

In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to Products or the Services (collectively “Feedback”), you agree we may use the Feedback to: (a) improve our Services or any Products and (b) promote the Services and Products, and that you will not be due any compensation for your Feedback that is used in these ways. To the extent that we have your name, likeness, or voice, this will be part of the Feedback and you agree that we may use your name, likeness and voice in the same manner that we can use other Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Services or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.

MODIFICATIONS TO THE SITE OR SERVICES

We reserve the right to modify or discontinue the Services (including Custom Apparel Orders) with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services. If you object to any such changes, your sole recourse will be to cease access to the Services. Continued access to the Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Services at any time, for any reason, in our sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the Services.

PRIVACY

We have created a privacy policy www.evidenceman.com/privacy that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Please visit our privacy policy to learn more about how we collect, use and disclose the information that you provide to us or we otherwise learn about you through your use of the Services, including how we market our services.

THIRD PARTY CONTENT AND OTHER WEBSITES

Content from other users, suppliers, advertisers, and other third parties may be made available to you through the Services. Because we do not control such content, you agree that we are not responsible for any such content. We do not make any guarantees about the accuracy, currency, suitability, or quality of the information in such content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by other Users, advertisers, and other third parties or violation of any third party rights related to such content. The Services may contain links to websites not operated by us, including without limitation the websites of the brands we include in Custom Apparel Orders. We are not responsible for the content, products, materials, or practices (including privacy practices) of such websites. We provide these links for your convenience only and we do not control such websites. Our inclusion of links to such websites does not imply any endorsement of the materials on such third party websites or any association with their operators. The Services may also contain links to websites that are operated by us but which operate under different terms of use. It is your responsibility to review the privacy policies and terms of use of any other website you visit. You agree that in no event will we be liable to you in connection with any websites, content, products, materials, or practices of any third party.

DISCLAIMER OF WARRANTIES

The Services and all content, products and services included on or otherwise made available to you through the Services are provided by Evidence Man “with all faults” and on an “as is” and “as available” basis, unless otherwise specified in writing. Evidence Man makes no representations or warranties of any kind, whether express or implied, as to the operation of the Services or any content, products or services included on, or otherwise made available to you through, the Services, unless otherwise specified in writing, including without limitation any warranties of merchantability, fitness for a particular use or purpose, non-infringement, quiet enjoyment, and accuracy. You expressly agree that your use of the Services and products purchased through the services is at your sole risk.We make no warranty that the Products or Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Products, or Services, or that defects in the Products, or Services will be corrected. We specifically disclaim any liability associated with the use of the Products (e.g., rashes that may develop from wearing the Products or dyes that bleed from the Products onto other items) and you agree that you will not sue Evidence Man for any claim related to any Products purchased through the Services. You understand and agree that you will be solely responsible for any damage to your computer or loss of data that results from the download of any material in any way related to the Services and/or Our Content. No advice or information, whether oral or written, obtained by you from us through the Services, or otherwise will create any warranty, representation or guarantee not expressly stated in these Terms of Use.

Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the maximum permitted under such applicable law.

LIMITATION OF LIABILITY

You acknowledge and agree that we are only willing to collect payment, facilitate the fulfillment of orders, and provide access to the Services if you agree to certain limitations of our liability to you and to third parties. You understand that to the extent permitted under applicable law, in no event will we or our officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to your use of or access to, or the inability to use or to access, the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute, or otherwise. We will not be liable for any damages arising from the products or for any information appearing on any other site linked to our Services. If you are dissatisfied with any portion of the Services, your sole and exclusive remedy is to discontinue use of the Services. Our total liability to you for all claims arising from or related to the Services is limited, in aggregate, to the greater of (i) the total amount of your orders in the six (6) months prior to the date of the event giving rise to our liability, or (ii) one hundred dollars (U.S. $100.00).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

Without limiting the foregoing, under no circumstances will we or our licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including without limitation internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Evidence Man, our parents, subsidiaries, affiliates, officers, directors, co-branders and other partners, employees, consultants and agents, from and against any and all third party claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from: (i) your use of the Products or Services (except to the extent prohibited by law); (ii) your violation of these Terms of Use; (iii) your violation of any rights of any other person or entity; (iv) any content, information or materials you upload to the Services; or (v) any viruses, Trojan horses, worms, time bombs, spyware, malware, cancelbots or other similar harmful or deleterious programming routines input by you into the Services.

COPYRIGHT VIOLATIONS

We respect the intellectual property of others, and we ask you to do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Identification of the copyrighted work(s) that you claim to have been infringed;
  • Identification of the material on our Services that you claim is infringing and that you request us to remove;
  • Sufficient information to permit us to locate such material;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our copyright agent for notice of claims of copyright infringement on the Services is:
Designated Agent: Copyright Agent
Address of Agent: 8149 Santa Monica Blvd #369 West Hollywood CA 90046
Telephone: 323-794-6562
Email: Contact Us

ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY.

Please read this Section (“Dispute Resolution”) carefully. It is part of your contract with us and affects your rights. It contains procedures for mandatory binding arbitration and a class action waiver.

Application of Dispute Resolution Process. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Use or the use of the Services that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis according to the process described herein. Unless otherwise agreed to, all arbitration proceedings will be held in English. This dispute resolution process, including binding arbitration, applies to you and us, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, assigns, suppliers and licensors as well as all authorized or unauthorized users or beneficiaries of the Services.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to us should be sent to: Evidence Man/Bright Guys Inc. 8149 Santa Monica Blvd #360 West Hollywood CA 90046. After the Notice is received, the parties may attempt to resolve the claim or dispute informally. If the parties do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules. Arbitration will be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties will agree to select an alternative ADR Provider. The rules of the ADR Provider will govern all aspects of the arbitration, including without limitation the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Use. The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator will give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that we made to you prior to the initiation of arbitration, we will pay you the greater of the award or Two Thousand Five Hundred U.S. Dollars (US $2,500.00). Each party will bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If either party pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of the parties, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms of Use. The arbitrator will 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 the parties.

Waiver of Jury Trial. The parties hereby waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes will be resolved by arbitration under this Dispute Resolution section. Arbitration procedures are typically subject only to very limited review by a court. In the event any litigation should arise between the parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, the parties waive all rights to a jury trial, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this Dispute Resolution section must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding, including without limitation the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Dispute Resolution section, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Dispute Resolution section are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of this Dispute Resolution section will continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Dispute Resolution section may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Dispute Resolution section.

Survival. This Dispute Resolution section will survive the termination of your relationship with us.

Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in small claims court.

Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Dispute Resolution section.

Claims Not Subject to Arbitration. For any claim that by law is not subject to arbitration, we and you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state or federal courts located in San Francisco, California.

GENERAL TERMS

These Terms of Use 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 these Terms of Use. These Terms of Use are personal to you, and you may not transfer, assign or delegate your right and/or duties under these Terms of Use to anyone else and any attempted assignment or delegation is void. You acknowledge that we have the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder. The paragraph headings in these Terms of Use, are included only to help make these Terms of Use easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. No waiver by us will have effect unless such waiver is set forth in writing, signed by us; nor will any such waiver of any breach or default constitute a waiver of any subsequent breach or default. These Terms of Use constitute the complete and exclusive agreement between you and us with respect to the subject matter hereof, and supersede all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision of the Terms of Use will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use will continue in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation 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. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from us, or any products utilizing such data, in violation of the United States export laws or regulations. We are located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product 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.

SURVIVAL

Even after your rights under these Terms of Use are terminated, all provisions of these Terms of Use which by their nature should survive, will survive, including without limitation ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.

NOTICE: VIOLATIONS

We may give notice to you by email, a posting on the Services, or other reasonable means. You must give notice to us in writing via email to Contact US with the subject line “Legal Notice.”

CONTACT INFORMATION

Bright Guys Inc

8149 Santa Monica Blvd #360

West Hollywood, CA 90046

(323) 794 – 6562

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